| State
| Type of Authorizer(s)
| Legal Status
| Type of Linkage for Special Education
| Special Education Funding Flow
| Other Info/Comments
|
| Alaska |
LEA (with final approval from the
State board of Education) |
Part of an LEA |
Partial-Link |
Funds go to the LEA, which retains an indirect cost (varies by LEA) and flows remainder to the charter school. |
Charter school has full responsibility for special education evaluation and services. Some negotiate an insurance arrangement with their LEA. |
| Arizona |
State Charter School Board, or local
school districts |
LEA |
No-Link, Partial-Link
All Arizona charter schools are their own LEAs, but all do not have the same linkage because of the way funding flows. Those chartered by the State Charter School Board are considered No-Link, and those chartered by a district are Partial-Link. |
Special education funds go directly to the charter school except for those charter schools sponsored by local school districts. Those chartered by a local school district are considered to be Partial-Link since their funds flow through their school district. (Only a small number of charter schools are sponsored by local boards.) |
Those charters sponsored by the State Charter School Board (nearly all) are responsible for all special education costs, legal fees and any services related to special education. |
| Arkansas |
State Department of Education (ADE) is the designated authorizer.
The State Board of Education (SBE) may review decisions made by the ADE through an appeal process
|
LEA, Part of an LEA
Open enrollment schools are LEAs.
Conversion schools are part of an LEA. |
No-Link, Total-Link
Open enrollment schools are No-Link.
Conversion schools are Total Link. |
Open-enrollment charter schools are LEAs and are funded directly just like other LEAs using the same formula to calculate the amount.
Funds for Charters that are part of an LEA (Conversion charter schools) are sent directly to the responsible LEA.
|
A revised charter school law that passed 3/26/2013 designated the authorizer to be the State Department of Education. It also provides that, if an appeal is made to the State Board of Education, the SBE may review the decision made by the ADE and the SBE decision is final.
Open-enrollment charters can provide special education directly or through contract. Special education in a Conversion charter school is the responsibility of the LEA. |
California (State Primer Available) |
LEA and county boards and, under specific circumstances, the State Board of Education |
LEA, Part of an LEA
Two types: Part of an LEA (default status)or LEA (either by choice of the charter school or automatically if the school is chartered by the State Board of Education)
|
No-Link, Partial-Link
Partial-Link or No-Link
A charter school can elect to become its own LEA for special education and, if it does, it is a no-link school. |
All special education funds flow through an intermediate unit (SELPA) that receives special education funds for all LEAs of that SELPA. A charter either gets special education services from an LEA or becomes its own LEA and then must become a member of a SELPA and provide special education according to that SELPA's plan.
In 2010, a new Charter SELPA was created to which any LEA charter school may apply for membership. For more detailed information, see http://www.edcoecharterselpa.org |
All students of a charter, regardless of their residence, are deemed to be residents of the chartering entity for special education.
|
| Colorado |
LEAs
The Charter School Institute of Colorado |
Part of an LEA |
Total-Link |
For charter schools established by an LEA, special education funds flow through the district to the charter school which is part of the LEA in which it is located. Many CO LEAs require their charter schools to purchase special education services from the LEA via an "insurance-model" by which the charter pays the district a per-pupil amount for all students as an insurance for special education students.
The Institute, as LEA for the schools it charters, is responsible for the delivery of special education to students enrolled in Institute charter schools. |
State law provides that an LEA retains ultimate responsibility for special education in the schools it charters.
In 2004, CO state law established an independent agency in the department of education, the Charter School Institute, that can approve new charter schools or convert existing charter schools to Institute schools. The Institute cannot accept applications from districts that have exclusive chartering authority (all but 10 in the state) unless that district agrees. The Institute is the LEA for the schools it charters. |
| Connecticut |
State Board of Education |
Part of an LEA
(CT charter schools are connected to each student's LEA for purposes of special education) |
Total-Link |
Special education funds go to the LEA of residence of the student which is responsible for evaluation and services. The LEA either provides services at the charter school or negotiates another arrangement with the charter school, such as reimbursing the charter school for the cost of hiring its own special education staff to serve that LEA's students. |
State law designates the LEA of the child's residence responsible for determining the special education services to be provided to its students who attend charters, and makes the charter school responsible for seeing that students with disabilities receive services. Charter schools are connected to the LEA of each student's residence only for special education - they are considered to be independent public schools for other purposes. |
| Delaware |
LEA or State Board of Education for start-ups; LEA for conversions |
LEA |
No-Link |
State funds flow directly to the charter from the state. LEAs must provide to charter schools their share of local funds. |
Each charter school is responsible for special education evaluation and services for its enrolled students. |
| District of Columbia |
DC Public Charter School Board |
LEA, Part of an LEA
Two types: LEA, or part of LEA for the purposes of IDEA, at choice of the charter school |
No-Link, Partial-Link |
All charter schools receive local special education funding via a Uniform Per Student Funding Formula (UPSFF) which includes a weighted add-on for enrolled students with disabilities. All charters must fund special education services. In its application, a charter school must elect whether it will be an independent LEA or select District of Columbia Public Schools (DCPS) as its LEA for the purposes of IDEA, also referred to as "dependent charters." DCPS provides evaluation services for dependent charters. |
In 2007 when the DC education system was reorganzied, the DC Board of Education was eliminated and a State Board of Education was established. The State Board did not adopt a role as charter authorizer, leaving the Public Charter School Board, an independent public body, as the sole authorizer in DC. |
| Florida |
LEA |
Part of an LEA |
Partial-Link |
LEAs provide to charter schools full state and district funding for special education minus a 5% administrative fee, which the district retains for administrative purposes.
|
Currently in many districts, an LEA staffing specialist is assigned to a charter school and is responsible for overseeing all IEP meetings. |
Georgia (State Primer Available) |
State Board of Education (a charter application is submitted to the local school board and reviewed by the State Board)
Georgia Charter Schools Commission |
LEA, Part of an LEA
Two types: Part of an LEA or LEA |
No-Link, Total-Link
Total-Link for charters authorized through the LEA.
No-Link for charters authorized as their own LEAs. |
Funds for charters that are part of an LEA go through their LEA. Funds flow directly from the state to charter schools that are LEAs. Charter schools that are LEAs are responsible for all special education services. |
Charters that are part of an LEA can call on that LEA for help in serving students with disabilities.
The Georgia Charter Schools Commission was re-established as a state-level authorizer by approval of Amendment One at the 2012 election and the General Assembly had already enacted a law to allow this change to be implemented. |
Hawaii (State Primer Available) |
State Board of Education |
Part of an LEA |
Total-Link |
HI is a unitary district. Charter schools get per-pupil allotment from district (state) for each enrolled pupil. Special education teacher and aide positions are allocated to each charter school based on the same staffing method used for all public schools. The same related services personnel provide related services to all eligible students regardless of the school's governance structure. |
Charter schools are invited to attend all trainings at no cost and must follow all directives involving special education. |
Idaho (State Primer Available) |
LEA
Idaho Public Charter School Commission |
LEA, Part of an LEA
Two types: LEA (if charter granted by the Commission of the State Board) or Part of an LEA (if charter granted by LEA) |
No-Link, Total-Link
Total-Link for charters authorized through the LEA. No-Link for charters authorized by the Commission. |
Federal special education dollars flow through the LEA to a charter school that is authorized by that LEA, but flow directly to the multi-district charters authorized by the Charter School Commission. State special education dollars for charter schools are based on the same formula that applies to all school districts. |
A change in state law now allows for the Charter School Commission to grant a charter to a virtual charter school that is then considered to be a "multi-district charter school" that is its own LEA for special education. Charter schools can receive additional funds for students who live in licensed group, foster, or personal care services homes. Charter schools can also receive additional funds if they serve high numbers of students with emotional disturbance. |
| Illinois |
LEA
Illinois Charter School Commission |
LEA, Part of an LEA
Two types: LEA (if charter granted by the Commission) or part of an LEA (if charter granted by LEA) |
No-Link, Partial-Link
Partial-Link for charters authorized through the LEA. No-Link for charters authorized by the State Commission. |
Funds for special education go to the LEA for schools chartered by that LEA and the charter school receives a proportionate share of the funds provided to the district based upon the numbers of students enrolled in the charter school who qualify for the service, unless the district is directly providing the service. For charter schools authorized by the Commission, the State Board pays directly to that charter school any federal or state aid attributable to a student with a disability attending the school.
|
To ensure that both the district and the charter school that will be part of a district fully understand their respective obligations with respect to IDEA, initial and renewal charter proposals must include the information required by the "Charter Schools Special Education Services and Implementation Rubric." This document is completed by the applicant in conjunction with the district and covers all aspects of implementing special education in the charter school. Copies of the instructions and the rubrics are available at: http://www.isbe.net/charter/
The Illinois Charter School Commission, created as a result of the Charter School Quality Act, was signed into law on July 20, 2011. It has statewide chartering authority. Any school previously chartered by the State Board is transferred to the Commission under this law.
|
| Indiana |
LEAs
Public State Universities or a nonprofit college or university that provides a four (4) year educational program
The Executive of a consolidated city
The Charter School Board |
LEA |
No-Link |
The state verifies the charter school's special education count and sends a proportionate share of state and federal funds to the charter school or staffs services for students with disabilities. |
In 2011, the Indiana Charter School Board was set up by law and added as a statewide charter school sponsor. |
| Iowa |
LEA
State Board of Education |
Part of an LEA |
Partial-Link |
Funding follows the child to the district. If a student is to attend a charter school in the district, the funding would flow through the district to the charter. The charter school is required to follow all state and federal laws pertaining to FAPE for identified students. |
Charter schools do not do their own evaluation for special education. The AEA (Area Education Agency) does evaluations and the charter school must work with the LEA to arrange for special education services from the AEA. In the end, the LEA's school board, in consultation with the charter advisory council, shall decide matters related to the operation of the school as per Iowa law. Special education staff of the charter school would also be employees of the district since all teachers are employees of the district. |
| Kansas |
LEA |
Part of an LEA |
Total-Link |
No special education funds flow directly or indirectly to the charter school since all special education services are provided by the district and all special education funding related to students with disabilities who attend charter schools remain with the LEA. |
A charter school is defined as "a nonsectarian, outcomes-oriented educational program" operated within a school district structure, but independently from other school programs of the district. |
| Louisiana |
LEA
State Board of Education |
LEA, Part of an LEA
Two types: LEA (Type #2 and #5 charters);
Part of an LEA (Type #1, #3, and #4 charters) |
Partial-Link |
Charter schools get a per-pupil share of all local, state and federal funds based on Oct. 1 student count.
Charter schools are eligible for reimbursement for students with high-cost disabilities from the state's High Cost Fund reserves in accordance with 34 CFR 300.704(c) and State Bulletin 1706, section 704, part C. |
Types of LA charter schools: Type #1: New start-up school authorized by local school board;
Type #2: New start-up or conversion authorized by BESE; Type #3: Conversion of existing school authorized by local school board; Type #4: New start-up or conversion operated as a result of charter between a local school board and BESE; and Type #5: School transferred to the jurisdiction of the Recovery School District and authorized by BESE.
|
| Maine |
1. Local school board within an administrative unit;
2. A collaborative of approved authorizers; and
3. The State Charter School Commission |
LEA, Part of an LEA
Part of an LEA for charter schools authorized by a local education agency.
LEA for charter schools authorized by the Commission. |
No-Link, Total-Link
Total Link for charter schools authorized by a local education agency.
No Link for charter schools authorized by the Commission. |
For each enrolled special education pupil, a public charter school must receive the average additional allocation calculated by the department for each school administrative unit for its special education students. These allocations must be paid on the same basis as the per-pupil allocations for operating funds. A school administrative unit of the student's residence may retain up to 1% of the per-pupil allocation to cover associated administrative costs.
The school administrative unit of residence shall pay directly to the public charter school any federal or state aid attributable to a student with a disability attending the public charter school in proportion to the level of services for the student with a disability that the public charter school provides directly or indirectly.
Public charter schools have the same access as other noncharter public schools to any risk pool for high-cost special education services and to any fund for fiscal emergencies.
|
Title 20-A, MRSA, Sec. 2412(2) states:
(A)In the case of a public charter school authorized by a local school board :
(1) The school administrative unit in which the public charter school is located remains the local educational agency and the public charter school is a school within that local educational agency;
(2) The public charter school receives services, resources and support in the same manner as other school administrative unit noncharter public schools, except that the public charter school is treated as a local educational agency for purposes of applying for competitive federal grants; and
(3) The school administrative unit retains responsibility for special education and serves students in public charter schools in a manner consistent with local educational agency obligations under applicable federal, state and local law and the charter contract.
(B) In the case of a public charter school authorized by the commission:
(1) The public charter school functions for all purposes as a local educational agency and is a school administrative unit independent of the school administrative unit in which the school is located. School administrative unit status does not preclude a public charter school from developing links to local school districts for services, resources and programs, by mutual agreement or by formal contract;
(2) To the extent permitted by federal, state or local laws, the public charter school is responsible for meeting the requirements of local educational agencies under applicable federal, state and local laws, including those relating to special education, receipt of funds and compliance with funding requirements; and
(3) To the extent permitted by federal, state or local laws, the public charter school has primary responsibility for special education at the school, including identification and provision of service, and is responsible for meeting the needs of enrolled students with disabilities.
Title 20-A, MRSA, Sec. 2404(3)states:
A public charter school may not discriminate on the basis of race, ethnicity, national origin, religion, gender, sexual orientation, income level, disabling condition, proficiency in the English language or academic or athletic ability, except that nothing in this subsection may be construed to limit the formation of a public charter school that is dedicated to focusing education services on at-risk pupils, students with disabilities and students who pose such severe disciplinary problems that they warrant a specific education program. |
Maryland (State Primer Available) |
LEA or State Board of Education under limited circumstances |
Part of an LEA |
Partial-Link |
The LEA annually determines the amount of local, state and federal funds to be distributed to the charter school commensurate with the amounts disbursed to other public schools in the local jurisdiction. |
There are 24 county-level LEAs in the state and each can charter. There is one charter school that was started before the state charter school law was passed that has been included under the charter school law. |
Massachusetts (State Primer Available) |
State Board of Education (Commonwealth type) or LEA + local teacher union + State Board (Horace Mann type) |
LEA, Part of an LEA
Two types: LEA (Commonwealth) or
Part of an LEA (Horace Mann) |
No-Link, Total-Link
Two types of charter schools:
-1- Horace Mann = Total-Link (part of LEA)
NOTE: The extent of the linkage for each Horace Mann School and the school district is regulated by the Memorandum of Understanding developed between the two.
-2- Commonwealth = No-Link but responsible only for students with disabilities who do not require placement out of the school. |
Differs by type of charter:
-1- Horace Mann: budget is approved and provided by LEA.
Note: The specific budget arrangements for each Horace Mann School are specified in the Memorandum of Understanding with the district.
-2- Commonwealth: charges "tuition" to the student's LEA of residence; amount based on average per pupil cost for each LEA |
State Regulations (603 CMR 28.03(4)(i)(1)(i-iii) provide that when an IEP team determines that a student attending a charter school requires an out-of-district program, the "programmatic and financial responsibility shall return to the resident school district." The IEP team must follow the procedures in 603 CMR 28.10 (6)(a)in making this determination. |
Michigan (State Primer Available) |
LEA, Intermediate School Board, Board of a Community College, Governing Board of a State Public University |
LEA |
No-Link, Total-Link
Total-link (Schools charted by an LEA)
No-Link (all other chartering agents) |
State foundation grants are paid directly to the PSAs ($6,700). State categorical funds are paid directly to PSAs based on percentages of service costs, special transportation costs, and total program costs. Part B flow-through funds are paid to the Intermediate School District (ISD) where the PSA is located and are disbursed as defined in the ISD Federal Application. ISD millage for special education is distributed as described in the ISD Plan for Special Education. |
Charter schools, called public school academies (PSAs) in Michigan, are considered local education agencies and, as such, are members of an intermediate system in Michigan the same as any other school district. |
Minnesota (State Primer Available) |
LEA, Intermediate School District Board, Education
District, Post-secondary Institution (private college, University of MN, community college, technical college) Eligible Charitable
Organization |
LEA |
Partial-Link
Partial-Link (Only linked because of the special provision that allows the charter school to bill the resident district for any special education costs that are in excess of state and federal aids.) |
State and federal funds flow to the charter school and additional funds needed to cover excess costs over and above the state and federal funds can be billed back to the student's resident school district. |
The Commissioner of Education gives final approval and recognition as an LEA to each charter school that has been approved by its sponsor. |
| Mississippi |
Mississippi Charter School Authorizer Board |
LEA |
No-Link |
Payments made to charter schools by the State Department of Education must be made at the same time and in the same manner as adequate education program payments are made to school districts. A charter school is responsible for meeting all requirements of local educational agencies under applicable federal laws, including those relating to special education, receipt of funds and compliance with funding requirements. |
The new charter school law effective Sept. 1, 2013 assigns exclusive charter authorizing to the newly created State Board. However, a charter school may be authorized in any district that has a Board of Education rating of A, B, or C only if a majority of the school board votes at a public meeting to endorse the petition. |
| Missouri |
1) The local school district in which the charter will reside; 2) A four-year college or university or a community college with its primary campus in Missouri; 3) Special Administrative Board of the St. Louis School District; 4) Missouri Public Charter School Commission. |
LEA, Part of an LEA
The 2012 law removed a prior requirement that charter schools must be their own LEA for access to federal grants and allows the charter school to do so if the sponsor and the governing board reach a written agreement for teh charter school to become an LEA. |
No-Link, Partial-Link |
A school district having one or more resident pupils attending a charter school shall pay to the charter school an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, plus local tax revenues per weighted average daily attendance from the incidental and teachers' funds in excess of the performance levy as defined in section 163.011 plus all other state aid attributable to such pupils. The district of residence of a pupil attending a charter school shall also pay to the charter school any other federal or state aid that the district receives on account of such child. A charter school that has declared itself as a local educational agency shall receive from the department of elementary and secondary education an annual amount equal to the product of the charter school's weighted average daily attendance and the state adequacy target, multiplied by the dollar value modifier for the district, plus local tax revenues per weighted average daily attendance from the incidental and teachers funds in excess of the performance levy as defined in section 163.011 plus all other state aid attributable to such pupils. |
An additional requirement of the 2012 law (SB 576) requires a sponsor to develop policies and procedures and the State Board to evaluate sponsors every three years. The charter school's charter is a legally binding performance contract that describes the responsibilities of the school and the sponsor. |
| Nevada |
LEA;
Colleges and Universities within the NV System of Higher Education
State Public Charter Authority (includes charters previously approved by the Board of Education that no longer charters) |
LEA, Part of an LEA |
Partial-Link, Total-Link |
The State Public Charter School Authority is hereby deemed a local educational agency for the purpose of directing the proportionate share of any money available from federal and state categorical grant programs to charter schools which are sponsored by the State Public Charter School Authority or a college or university within the Nevada System of Higher Education that are eligible to receive such money. A charter school that receives money pursuant to such a grant program shall comply with any applicable reporting requirements to receive the grant.
2. If the charter school is eligible to receive special education program units, the Department shall pay the special education program units directly to the charter school. If a charter school receives special education program units directly from the State, the amount of money for special education that the school district pays to the charter school may be reduced proportionately by the amount of money the charter school received from the State for that purpose.
|
|
| New Hampshire |
The State (under a Pilot Program authorized by law for the period 2003-2013) |
Part of an LEA |
Total-Link |
Responsibility for students with disabilities is based on residency. The LEA determines if a charter school is an appropriate placement and all special education funds are sent to the LEA. |
The State Board is allowed to approve as many applicants as qualify. The school district makes payments to charter schools authorized by the district and attended by students living in the district. However, the 2011 law makes a change in how payments are handled when a student attends a charter school outside his or her home school district - the state must pay tuition directly to the charter school for those students. |
New Jersey (State Primer Available) |
Commissioner of Education |
LEA |
Partial-Link |
LEA must pay charter 90% of per pupil and 100% of any categorical or federal aid student is eligible for. Fiscal responsibility for students who need day or residential school remains with the LEA of residence. Charters receive federal funds directly the same as any other LEA. |
Charter schools are responsible for all special education evaluation and services except placement in a private day or residential facility. A charter school must involve the LEA of residence in the IEP process when a day or residential placement is being considered. A student enrolled in an out-of-district placement is still considered part of the charter school population and the charter school must reserve a space for that student who continues to be considered part of the total count in the charter school. |
New Mexico (State Primer Available) |
Local School Board
Public Education Commission (State)
|
LEA, Part of an LEA
Two types:
LEA (if charter is granted by the state)or
Part of an LEA (if charter is granted by an LEA)
|
No-Link, Partial-Link
NO LINK (state chartered)
Partial-Link (LEA chartered) |
The governing body of schools chartered by the state must qualify to be a board of finance. Funds flow directly to the charter school from the state.
For schools chartered by an LEA, funds flow to the LEA and then are allocated to the charter school. Although charter schools are responsible for special education services, they can go to the LEA for assistance if they have exhausted their state and federal funds that they received for special education services and their emergency reserves. |
A school chartered by the state is its own LEA and is responsible for its budget in the same way as other LEAs in the state.
The LEA reviews the budget for the charter schools it authorizes, but cannot veto line items. The charter school can contract for service delivery in its school.
|
| New York |
State University Trustees, Board of Regents,
LEA (with subsequent approval by the Board of Regents) |
Part of an LEA |
Partial-Link |
LEA of residence is totally responsible for evaluation and IEP development. Charters are responsible for implementing the IEP and have three options: #1-hire their own staff; #2-contract with consultants; or #3-ask the LEA of residence to provide services. LEA of residence sends federal and state special education funds to the charter school that chooses option #1 or #2. |
A new charter school law passed May 28, 2010 requires that charter schools, upon renewal, meet or exceed enrollment and retention targets for students with disabilities set by New York's charter authorizers and that new start-up charter schools meet such targets [sections 2851(4)(e); 2852(9-a)(b)(i)]. |
| North Carolina |
State Board of Education |
LEA |
No-Link |
Special education funds flow directly to the charter school because it is an independent LEA. When calculating the non-weighted formula that sets a 12.5% population cap for special education funding, charter school students are counted as part of their local LEA. |
In 2011, the legislature ended the longstanding 100-school cap. The state board of education approved a fast-track approval process for applicants. The board also approved appointments to a new panel that will help oversee charters. |
Ohio (State Primer Available) |
1) LEA of the district in which the school is proposed to be located; 2) Other LEA in the same county; 3)Educational Service Center; 4) LEA of a Joint Vocational District; 5) and the 13 state universities named in the law. |
LEA |
No-Link |
All federal and state special education dollars flow directly to charters (called community schools in OH) as they do to all public school districts. However, the charter (community) schools are not subject to the state charge back that regular LEAs are subject to in calculating state funds. The charge back is directly related to the LEA's determined property tax base. State funds are allocated based upon a cost funding basis plus a weighted supplement by which the supplement increases according to severity of the student's disability. |
A State Support Team is assigned to a community (charter) school identified as needing improvement. The SST is part of Ohio's Statewide System of Support (SSOS), which is designed to build capacity at all levels (i.e., state, regional, district, schools and community schools and authorizers) to continuously improve instructional practice and performance through the use of a structured four-stage process (the Ohio Improvement Process - OIP) that relies on a connected set of tools that are accessible and applicable to all districts, schools and community schools. Of the 56 Educational Service Centers (ESCs), 16 operate State Support Teams (SSTs). |
| Oklahoma |
LEA
Higher Education entities |
LEA, Part of an LEA
A charter school is part of an LEA if authorized by an LEA. A charter school authorized by a higher education entity is its own LEA.
|
No-Link, Partial-Link
Charter schools authorized by an LEA are Partially Linked to that LEA. Charter school authorized by a higher education entity have No Link to another LEA. |
Charters that are part of an LEA get funds through that LEA from the State Aid Formula with up to 5% retained by the LEA.
Any charter school that is sponsored by a higher education entity will receive funding directly and will have all of the responsibilities that go along with being an LEA. |
State law authorizes charter schools in only 13 LEAs. A state law added higher education entities as authorizers in 2007. |
| Oregon |
LEA and State Board of Education by appeal |
Part of an LEA |
Total-Link |
Special education funds go to the LEA in which the charter school that the child attends is located regardless of where the child resides. State law establishes the minimum percentages of funds the district provides to the charter school. |
OR charter schools are public schools within the LEA and not independent LEAs. State law provides that LEAs in which a charter school is located have responsibility for special education services and FAPE. |
| Pennsylvania |
LEA |
LEA |
No-Link |
Special education funding flows from the LEA of residence to the charter school. Funding is allocated based on an average per-pupil expenditure per special education student in the district assuming 16 percent eligible for special education. |
Charter school laws have to comply with State Law (22 PA Code Chapter 711). Charter schools must comply with the requirements of IDEA. Cyber charter schools are now approved by the SEA. |
| Rhode Island |
State Board of Regents with approval of the Commissioner |
LEA |
No-Link |
State and LEA pay charter school a per-pupil amount equal to LEA of residence pupil cost minus 5%. |
Charter school has full responsibility for special
education evaluation and services. Some have Medicaid provider agreements, as do the traditional LEAs. Charter school that cannot provide an appropriate program for a student with a disability informs the parent who can then choose to transfer back to the LEA of residence. |
| South Carolina |
LEA
State (SC Public Charter School District) |
Part of an LEA
The state-level authorizer (SC Public Charter School District) is an LEA and each charter school it authorizes is a part of that LEA.
Charter schools authorized by a traditional LEA are part of their authorizing LEA. |
Partial-Link, Total-Link
All charter schools are considered partially linked to their LEA although the specifics of that relationship differ according to the charter contract between the school and the authorizer. |
Charter schools that are part of a traditional LEA receive 100% of the state, local and federal funds their students generate (including special ed funds). Charter schools then contract with LEAs or service providers for services.
Charter schools that are part of the SC Public Charter School District receive state and federal funds based on their enrollment, but they receive no local funds. |
Charter schools are accountable to the school board of trustees of their authorizer.
A 2012 law states that the proportional share of federal funds associated with students must be distributed by sponsors to charter schools within 10 business days of receiving it. If that doesn’t happen, the state can fine the sponsor the equivalent of the amount withheld. |
Tennessee (State Primer Available) |
LEA |
Part of an LEA |
Partial-Link, Total-Link |
Special education funds for students with disabilities who attend a charter school go to the LEA that authorized the charter school. State law provides that the LEA must treat charter schools like any other school within the LEA. |
Specifics about the provision of services must be described in the written charter agreement between the school and the LEA. |
| Texas |
State authorizes open enrollment charter schools.
LEA authorizes campus charter schools. |
LEA, Part of an LEA
Two types:
LEA (open enrollment that are most of the TX charters)
Part of an LEA (campus charters) |
No-Link, Total-Link
No-link for Open Enrollment charters
Total-link for Campus charters |
State special education funding is based on a per-pupil weighted formula that provides funds to students based on the instructional arrangement in which they receive special education services. State special education funds flow directly to open enrollment charters and through the LEA for campus charters. |
State funding in general is based on average daily attendance as opposed to average daily membership. Schools with low attendance receive less funding and students do not generate funding for days they are absent. The state special education funding is calculated based on the amount of time a student spends in receiving special education services. |
| Utah |
State Charter School Board with approval of State Board of Education
LEA
Select Institutions of Higher Education
State Charter School Board Board if denied by
an LEA |
LEA |
No-Link, Partial-Link
No-Link State Board charters
Partial-Link for LEA charters |
By state statute, the State Board of Education distributes all funds for charter school students directly to the charter school, except in the case of a conversion school or an LEA-authorized school that operates in LEA's facilities and does not pay reasonable rent. |
Charter applicants not approved by one authorizer may go to another authorizer for consideration. Schools no longer have to apply to their home district before applying to the State Charter School Board. |
| Virginia |
LEA |
Part of an LEA |
Total-Link |
Public school systems must provide charter schools with funding to the level of the per-pupil spending available to students in public schools. Additionally, public schools must provide approved charter schools with a facility if the one chosen by the charter school is not being used for educational purposes.
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The 2010 change in the state's charter school rule gives the Virginia Board of Education a voice in the application process. Charter applications are first sent to the Board of Education, which works with the applicant in refining their proposal. Depending on the application, the board then forwards its recommendation to approve or deny a proposal to the local school board. If the local school board decides to deny an application, it must provide in writing reasons for denying applications.
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| Washington |
Washington Charter School Commission
School District Boards of Directors |
LEA |
No-Link |
The Superintendent of Public Instruction allocates funding for a charter school including general apportionment, special education, categorical, and other nonbasic education funds. Categorical funding must be allocated to a charter school based on the same funding criteria used for noncharter public schools. A charter school is eligible to apply for state grants on the same basis as a school district. |
The establishment of charter school was approved by a Washington ballot initiative in the election of 2012.
Authorizers may charge an oversight fee not to exceed 4% of each charter school's annual funding.
Within 90 days of approval, the authorizer and the governing board of an approved charter school must execute a charter contract that sets forth the administrative relationship between the authorizer and the charter school.
Charter schools must employ certificated instructional staff provided that charter schools may hire noncertificated staff of unusual competence in exceptional cases as specified in the law. |
| Wisconsin |
LEAs are primary authorizers, except in Milwaukee (IHE and the City) and Racine (IHE). |
LEA, Part of an LEA
Two types:
LEA or Part of an LEA (based on authorizer) |
No-Link, Total-Link |
Special education funds flow directly to charter schools that are their own LEA. Charters that are part of an LEA have services delivered by the LEA and funds do not flow to the charter school. |
Charters in Milwaukee and Racine are the only ones that are their own LEA. Charters in the Milwaukee Public School (MPS) and Racine school district boundaries receive IDEA allocations based on the same calculation formula required by IDEA as all other school districts. This funding is given directly to the charter schools. |
| Wyoming |
LEA |
Part of an LEA |
Total-Link |
All special education funding flows from the SEA to the LEA. LEAs are responsible for providing all special education programs and services in their schools, including any charter schools that the LEA has authorized. |
Currently there are only three charter schools in Wyoming - one is a virtual high school. |