From a presentation by Lori Kirsch-Goodwin and Hope Kirsch of Kirsch-Goodwin & Kirsch Education Law Firm for the Council of Parent Attorneys and Advocates:
A
charter school is “a public school that provides free public elementary and/or
secondary education to eligible students under a specific charter executed,
pursuant to a state charter school law, by an authorized chartering
agency/authority and that is designated by such authority to be a public charter
school.”[1]
Charter
schools are semi-autonomous, independent, nonsectarian, tuition-free public
schools. 20 U.S.C. § 7221i(2). That means they are exempt from many state
and local statutory and regulatory requirements, but charter schools are
not exempt from federal laws that govern equal rights, access and
discrimination. They receive public
dollars and are prohibited from charging tuition. They are open to all children
and may not have special entrance requirements, although they can be rigorous
and impose requirements such as mandating uniforms, and they may have a focus,
such as STEM, arts, acting, etc. If applications
to attend a charter school exceed spaces available, enrollment is decided by
lottery.
Charter
schools are designed and operated by parents, educators, community leaders,
educators, business entrepreneurs and
others. They operate under a contract -
the “charter” – with an authorized public agency, such as a local or state
educational agency, an institution of higher education or a municipality, which
is referred to as the “authorizer” or “sponsor.” An authorizer’s primary responsibilities are
to review applications for charters, establish “charters” or contracts, ensure
compliance and renew contracts.[2] An “authorized public chartering agency”
means a state educational agency (“SEA”), local educational agency (“LEA”), or
other public entity that has the authority pursuant to State law and approved
by the United States Secretary of Education to authorize or approve a charter
school. 20 U.S.C. § 7221i (Definitions
section).
The
contract - or charter - details how the school will be organized and managed,
what students will be expected to achieve, and how success will be measured. They must meet standards set forth in their
charters for students and for the school as a whole, or else the chartering
agency can close the school. Many charter
schools enjoy freedom from laws and regulations affecting other public schools,
so long as they continue to meet the terms of their charters. The charter must include a description of how
student performance will be measured.
In
return for the flexibility and autonomy gained from exempting charter schools
from certain state or local rules and regulations, these schools must meet
accountability standards outlined in the charter. A school's charter is reviewed periodically
by the entity that granted it and can be revoked if guidelines on curriculum
and management are not followed or if the accountability standards are not met.
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