Charter School Legislation Research Articles

Mapping choice: A critical GIS analysis of English learner enrollment

In many ways, Arizona is on the forefront of school choice: in addition to a state-wide open enrollment law, it was one of the first states to adopt charter school legislation in 1994 and currently has the second-highest percentage of public school students attending charter schools in the nation. Despite the extensive research on school choice, less is known about whether choice systems meaningfully impart more opportunities for students classified as English learners, a diverse group that has been the subject of multiple discriminatory policies and has one of the lowest graduation rates in the state. The current paper uses geospatial analysis to examine English learner participation in school choice in one Arizona metropolitan area. The results indicate that charter schools consistently under-enroll EL students regardless of demographic variability across geographic locations. Charter school locational patterns may be one contributing factor to EL enrollment disparities, though they are not likely to be the only reason. Employing a conceptual framework of motility or “mobility capital” (Kaufman et al., 2004) and a critical stance on the spatial dimensions of neoliberal reforms, findings suggest that unregulated school choice may not reliably provide improved schooling options for students classified as English learners.

Administrative Corruption and Integrity Violations in the Charter School Sector

Charter school legislation permits new actors to compete for public funds to provide education to K-12 students across the United States. Proponents of market-oriented policies predict that privatization cuts costs and improves service quality, by removing bureaucracy and boosting creativity. These schools were predicted to become laboratories of innovation that would use their flexibility from state and local requirements to improve public education. This study suggests that the less regulated service systems may have also propagated an environment susceptible to managerial and accountability inadequacies, if not outright integrity violations and corruption. Using systematic document review and the existing literature on corruption in education, a typology of integrity violations and corruption in the charter school sector is developed in this paper. A better understanding of the characteristics of the institutional environment that enable corrupt behavior is necessary to develop effective strategies to prevent corruption, protect children, and manage public funds effectively.

A Good Investment: The Updated Productivity of Public Charter Schools in Eight U.S. Cities

In 2015-16, the United states spent over $660 billion on its public education system in hopes of providing children with greater opportunities to excel academically and to improve their life trajectories. While public education dollars have risen at a relatively fast pace historically, future challenges, including underfunded pension liabilities, suggest policymakers should economize wherever possible. Meanwhile, the number of public charter schools has increased exponentially. from 1991 to 2018, charter school legislation passed in 44 states and the nation’s capital, and student enrollment in charters increased to around 3.2 million. Since educational resources are limited, we examine which types of schooling offer society the biggest “bang for the buck.” both cost- effectiveness and return-on-investment analyses (ROI) compare the productivity of different organizations providing a similar service – in this case, public education. cost-effectiveness is “the efficacy of a program in achieving given intervention outcomes in relation to the program costs.” We examine the differences in cost-effectiveness and ROI for public charter schools and traditional public schools (TPS) in eight major U.S. cities: Atlanta, Boston, Denver, Houston, Indianapolis, New York City, San Antonio, and the District of Columbia. We determine how much money is invested in public charter schools and TPS, what levels of student achievement are attained across the two public school sectors, and how much economic payoff our society can expect to receive as a result of the educational investments in each sector. this report is an update to our first study examining these differences across the United states at the city level.

Applying Policy Theories to Charter School Legislation in New York: Rational Actor Model, Stage Heuristics, and Multiple Streams

With renewed calls for charter schools by Donald Trump’s new Secretary of Education, Betsy DeVos, a review of dominant policy theories and their usefulness in analysing policy decision making once again becomes relevant. This paper evaluates the policy case, of the adoption of Charter School Legislation in New York in the late 1990s, making use of Allison and Zelikow’s (1999) example of evaluation of a policy case through multiple lenses. Through the meso-, micro- and macro-level perspectives of the Rational Actor Model, Stage Heuristics, and Kingdon’s Multiple Streams policy theories, we may be able to discern whether they accomplish their intended goal: To provide a perspective of the policy making process. Once the theories are described, they are each applied to Charter School Legislation of New York in 1998. Working through each lens, this paper describes the policy process, potential actors, and influencers with support of historical data, and draws conclusions about the usefulness of each theory for education policy. Ultimately, lack of transparency in the policy process make outside analysis assumption-laden and more subjective than an objective science. This paper calls for a more transparency at the decision-making level, and integration of more complex lenses into the policy sciences which may better inform education policy students and experts in the field.

Charter School Jurisprudence and the Democratic Ideal

This note will explore the implications of recent charter school legislation. The Washington Supreme Court recently held, in League of Women Voters of Washington et al v. State, that charter schools are not “common schools,” and therefore, state funds designated for “common schools” can’t be applied towards supporting charter schools. Part I provides background on the development of charter schools and describes the Washington Supreme Court’s decision in League of Women Voters, particularly the Court’s reliance on its 1909 interpretation of the Washington constitution’s “common schools” principle in School District No. 20 v. Bryan. Part II argues that evolving views of school governance necessitate a reading of the Bryan requirements that is more sensitive to the democratic ideals of participation, deliberation, and accountability underlying Bryan. Allowing the League of Women Voters interpretation of Bryan as the only appropriate means of voter control of public schools would have harmful and far-reaching effects not contemplated by the Bryan court on public schools across the United States. Part III addresses whether a system of state-authorized charter schools can achieve the democratic ideal and considers one possible solution.

Solving the Puzzle of Charter Schools: A New Framework for Understanding and Improving Charter School Legislation and Performance

Contributing to the controversy over charter schools are empirical studies, such as the Center for Research on Education Outcomes National Charter School Study 2013, that find that charter schools have mixed results, with some seeing better student achievement outcomes relative to traditional public schools, and others seeing worse. This Note argues that developing a new framework to understand differences in state charter school laws based on their underlying purposes helps explain the significant variation across states in charter school performance. Based on a state-by-state analysis of charter school legislation, this Note finds that states with charter school laws generally fall into three categories: (1) “gap-closing”; (2) “libertarian-oriented”; and (3) “mixed.” The first category includes states with laws that promote charter schools focused on improving outcomes for disadvantaged and underachieving students. The second category includes states with laws that promote charter schools as a means to provide parents and local communities, rather than the government, with more choices and greater control in education. The third category encompasses those states where charter school legislation promotes both of these purposes. Furthermore, results indicate that gap-closing states generally enjoy better charter school performance outcomes than do libertarian-oriented states, and that the typical charter school law of gap-closing states differs significantly from that of libertarian-oriented states. As such, this Note proposes that states can maximize charter school student achievement by adopting features that are characteristic of gap-closing states’ charter school laws—e.g., greater restrictions on entrance into the charter school market and greater oversight of both charter school authorizers and charter schools themselves.

Sponsors of Policy: A Network Analysis of Wealthy Elites, Their Affiliated Philanthropies, and Charter School Reform in Washington State

Background/Context Charter school policy has evolved into a major component of the current education reform movement in the United States. As of 2012, all but nine U.S. states allowed charter schools, and in one of those nine, Washington State, charter school legislation was passed by popular vote in November 2012. There is a substantial, if contested, research base focusing on charter school effectiveness, particularly related to test score achievement, as well as an equally contested literature base on charter school enrollment selectivity, student expulsions, and increased segregation in charter school populations. Purpose The purpose of this study is to analyze the network of relations of policy actors surrounding the statewide campaign to pass the charter school Initiative 1240 in Washington State in order to better understand how wealthy individuals and their associated philanthropic organizations influence educational policy. Research Design Making use of available tax records, public election information, individual and organizational websites, and institutional and foundation databases, this study uses simple directed graphing techniques from social network analysis to analyze the complex relationships and affiliations of policy actors relative to the campaign to pass charter school Initiative 1240 in the state of Washington. Conclusions/Recommendations This study concludes that, compared to the average voter in Washington, an elite group of wealthy individuals, either directly through individual donations or indirectly through their affiliated philanthropic organizations, wielded disproportionate influence over the outcome of the charter school initiative in the state, thereby raising serious concerns about the democratic underpinnings of an education policy that impacts all of the children in Washington State. This study also concludes that elite individuals make use of local nonprofit organizations as a mechanism to advance their education policy agenda by funding those nonprofits through the philanthropic organizations affiliated with those same wealthy elites. In light of these conclusions, the authors recommend that a mechanism for more democratic accountability be developed relative to education policy campaigns, initiatives, and legislation.

How Charter Schools Do, and Don't, Inspire Change in Traditional Public School Districts

In 1991, the state of Minnesota succeeded in proposing and passing the first charter school legislation in the United States. Soon after, in 1992, California passed its own charter school legislati...

From Policy to Practice: Implementation of the Legislative Objectives of Charter Schools

Key legislative objectives of charter schools are to provide more school and classroom options, increase teacher influence over decision making, and increase school autonomy from state and district policy. Using national data from the 2003–4 School and Staffing Survey, we found that charter schools attained these legislative objectives when compared with regular schools, although increases in teacher influence and school autonomy were modest. Although charter schools have been implemented much as intended by legislation, other research has shown that charter schools in general have not improved student achievement—a major objective of charter school legislation. Our results suggest that this cannot be attributed to a failure to implement the charter school concept with respect to the legislative objectives examined.

Charter Schools and Students With Disabilities

Fifteen years after the first charter school legislation was passed, the number of charter schools opening in the United States each year continues to grow. In 2000, research was conducted to examine the extent and quality of service to students with disabilities in Texas's charter schools. Descriptive statistics and structured interviews were used to identify areas of strength and weakness in special education service provision. This article describes a replication of that study, reviews the initial findings, and presents data that shed light on changes that have occurred in the interim.

Charter Ranking Roulette: An Analysis of Reports That Grade States’ Charter School Laws

Since 1996, the Center for Education Reform has released an annual report card, grading each state’s charter school legislation and labeling as the “strongest” those laws placing the fewest and slightest restrictions on charter schools. While the Center for Education Reform rankings have undoubtedly been the most influential, at least four other systems have been developed. In this article, we analyze the different ranking systems, including a new approach we have developed in order to illustrate the arbitrariness of any given ranking system and to highlight some key charter school issues. We then investigate the general, popular phenomenon of rankings in the field of education, exploring the benefits, drawbacks, and appeal of such rankings.

Beyond the Charter Schoolhouse Door: Teacher-Perceived Autonomy

This article presents a study that explores the relationship between charter schools and teacher autonomy. The theoretical framework is based on the charter school concept, whereby three policy levers—choice, deregulation, and accountability—lead to various goals for the charter school. One of the first and foremost of these is the enhancement of professional autonomy and opportunities for teachers. The assumption is that teachers who select the schools they want to work at will be more willing to invest their time and energy and be more dedicated to the school. Although charter school legislation has provided significant autonomy for professionals in exchange for accountability, the school-based initiatives that have been under way suggest that the autonomy is not always present.

Politics of Charter Schools: Competing National Advocacy Coalitions Meet Local Politics

This article identifies supporters and opponents of charter schools at all levels of government and describes their motivations and behaviors. It is explained that state and local support for charter schools is most often determined by educational needs and material incentives. Different political contexts produce different charter school policies. For example, charter school legislation in Michigan was designed to increase competition among public schools. Legislation in Georgia served to deregulate public education after a period of increased state centralization. The article concludes that there is no cohesive state or local charter political pattern, given the variations in charter schools and their contexts. It remains unclear whether national charter school advocates have enough influence to expand the number of charter schools significantly. Local policymakers in areas with few educational pressures, such as some suburban communities, may resist change. Charter schools could end up as a marginal reform that impacts small numbers of students in urban centers, or continue their impressive growth, but it is state and local politics that will decide.

A State Charter School Law in Transition

ABSTRACT State-by-state comparison of charter school laws is complicated by the wide variation in terminology and by the idiosyncratic impact that interpretation and implementation by mid-level administrators has on the actual way in which charter school laws work. In this regard, each state is different and true comparison can best be accomplished by parallel studies conducted by local practitioners or researchers in each state. Also, longitudinal studies which trace the evolution of legislation over time provide greater insight into a state's charter school legislative environment in the same way that longitudinal studies of student achievement provide more information than one-point-in-time assessments. This paper describes the first of such studies; a combined content-analysis and policy assessment of current charter school legislation in the state of Hawai'i. The current statutes are traced through eleven drafts and a 58-page report from a public Task Force brought into being as the result of earlier legislation. Lessons, which might be applied in other states, are explored. Similar studies of legislation in other states are proposed. doi:10.1300/J467v01n03_13

District Segregation, Race Legislation, and Black Enrollment in Charter Schools*

Objective. This article examines how segregation at the school level within districts and charter school legislation predict black enrollment levels at local charter schools.Methods. This study uses the Schools and Staffing Survey Charter School Data 1999–2000, Common Core of Data, and a unique data set of district test scores to estimate OLS regression models of black enrollment in charter schools on district racial segregation and race provisions in charter school legislation.Results. Findings suggest that segregated school districts, those districts where whites and blacks are more unevenly distributed among schools, have a larger percentage of blacks enrolled in local charter schools than districts where schools are integrated. In addition, charter schools in states that do not have a racial clause have a smaller percent of blacks in their charter schools.Conclusion. Findings suggest that black enrollment in charter schools is a function of district segregation and state policy.

Charter School Attitudes and Practices in States with Diverse Public Sector Bargaining Laws

ABSTRACT Virtually all state charter school legislation addresses teacher rights and working environment. Relationships with teacher unions are either specified in the law, or approval of the charter requires suitable provisions for employee hiring, firing, grievances, etc. Charter school evaluation almost without exception includes some references to these issues. This study uses an online survey to gather information gauging the effect of the ambient union environment on charter school practices and attitudes related to teacher rights and teacher participation in school administration and governance. In the first phase of a projected national study, three states were selected whose public sector collective bargaining environments are very different. Analysis of attitudes, practices, and demographics showed significant differences in views about teacher involvement in school governance, but little difference in views or practices concerning teacher unions in charter schools. Limited survey response resulted in collection methods which will be corrected in an anticipated national study. The online survey method of data collection is discussed. Implications for public policy and future charter school legislation are explored. Further studies should address variations in the impact of union involvement between public, private, and charter schools.

Charter School Policy, Implementation, and Diffusion Across the United States

This article applies theoretical and empirical insights on diffusion to a contemporary, important, and striking case in point: the groundswell of state legislation on and implementation of charter schools over the past decade. Drawing from several data sources and using event-history analyses, competing risks, and random-effects negative binomial regression, the analyses examine how interstate dynamics and intrastate attributes affect the adoption of legislation on and the creation of charter schools within states. The findings reveal a strong mimetic tendency among adjacent states to adopt charter school legislation and regional similarities in the creation of charter schools. Internal attributes of states, such as competition between the private and public school sectors, the relative strength of teachers' unions, the presence of racial competition, urbanization, and political party dominance likewise play a role, depending on whether the analytic focus is on the adoption of legislation or the implementation of policy. The authors conclude by discussing the implications of the results for understanding the forces underlying innovation and change in educational policy.

Texas charter school legislation and the evolution of open-enrollment charter schools.

This article chronicles the evolution of legislation for Texas open-enrollment charter schools to their implementation by demonstrating how these schools have (or have not) used their freedom from state-mandated requirements to develop innovative learning environments as well as to bring innovative curricula into the classroom. The investigative focus was on an analysis of Texas open-enrollment charter school legislation, from 1995 (74th legislative session) to the 77th legislative session in 2001, and the characteristics of the state's 159 open-enrollment charter schools that were in operation during the 2001-2002 academic year. The authors found that charter school legislation has changed in response to concerns of all involved, and focuses on the need for balance between choice, innovation, and public accountability. Although charter schools are free from most state regulations, legislators were clearly interested in ensuring that this freedom does not impede charter schools' ability to provide a quality education to all students who attend them. The currently operating open-enrollment charter schools in Texas are more racially and economically segregated than other public schools in the state, and charter schools that targeted students most at risk for dropping out of school (and returning students who had previously dropped out) differ from other schools in their stated teaching methods. Teacher turnover remains significantly greater than that for other public schools in the state. However, it does not appear to be specifically associated with schools that target disadvantaged students or minority students. The schools' mission statements suggest that innovative school environments are a factor in school design. Texas is poised to continue along the public education choice model. Charter school legislation provides a framework upon which charter schools may build to meet the educational needs of the students who choose to attend them, including the freedom to be creative in meeting students' unique needs. Questions remain about how and why charter schools exist and the contributions they make to the overall public school system, including whether charters are making a difference in what and how much children are learning.

School Choice: How an Abstract Idea Became a Political Reality

When Diane Ravitch mentioned that she was putting together a collection of Brookings papers on hopeful developments in American education, I told her that it would probably be the shortest volume in the series. I was then reminded of an essay we had written together for the Public Interest in 1996 that began on a similarly upbeat note, declaring, "Yes, there is hope."1 Encouraged by the varied initiatives that were already taking hold around the country, we envisioned a transformation in the basic character of schooling, one that would replace the existing bureaucratic system that prizes compliance with a deregulated system focused on performance. Parents would be able to choose from a range of educational options, delivered by an array of educational providers beyond public schools run by local school districts. At the time we were pleased to observe that Wisconsin and Ohio had passed far-reaching voucher laws and that nineteen states had enacted charter school legislation. The Edison Project (later, Edison Schools) and Educational Alternatives offered living examples of how private companies could manage public schools; and it was already apparent that whereas the former was well on its way toward developing an innovative model that could reshape the institutional structure of schooling in some places, the latter was quick on the path to self-destruction. As I write today, school voucher laws have been enacted in Florida, Colorado (halted by litigation), and the District of Columbia. In 2004 similar proposals came under serious consideration in Arizona, Louisiana, New Hampshire, New Mexico, South Carolina, Texas, Utah, and Vermont. Only nine states do not have charter school laws. Privately financed scholarship programs sponsored by groups such as Children First America and the Children's [End Page 137] Scholarship Fund now operate in nearly every state. Brand-name schools like the KIPP (Knowledge Is Power Program) academies have sprung up all over the map. Fifty-one for-profit education management organizations (EMOs) currently operate 463 public schools in twenty-eight states, compared with thirteen operating 135 schools in fifteen states just five years ago.2 At the urging of President George W. Bush, the Congress passed legislation that has engaged the states in a dialogue on accountability that is unprecedented in American education. Change has not occurred overnight, but it has occurred in a big way. This paper takes a retrospective and prospective look at the phenomenon of school choice to measure the distance we have come and to assess what needs to be done to advance choice further. It is a case study of how an idea was converted into policy through the political process. Some pessimists might claim that the process of political compromise has denuded the idea of its power to exert real change. Optimists, to the contrary, might argue that the idea of choice has become an unstoppable force that can only gain strength with the passage of time. In accord with the spirit of the present symposium, I take the latter position. Because politics is the apparatus that converts ideas into policy, my analysis is very much a tale—not too tall a tale, I hope—of how an abstract notion came to be translated into a plausible and appealing proposal for improving American education. When contemplating the phenomenon of choice, scholars tend to focus on research; pundits, especially in a presidential election year, are taken with the national political scene. In the end, research and national politics will prove to be peripheral in determining the future of school choice. If we can learn anything from the experience thus far, the real story of school choice will be written at the level of local politics. The Market Concept The choice idea is commonly traced to a fifty-year-old essay by the Nobel laureate Milton Friedman, who advocated a market approach to education.3 Friedman wanted to give all parents a voucher so that they could...

The Effect of Charter School Legislation on Market Share

Many proponents of school choice use the claim of the market’s capability to enhance efficiency and improve performance to call for its expansion. But no markets are perfectly competitive, and the local market for public goods is filled with institutional arrangements that make it differ from the neoclassical ideal. In this paper, we look at a particular institution—the provisions of charter school legislation—and assess how it affects the ability of charter schools to gain market share. Using data from the 36 states that had passed charter legislation by 2000, and controlling for a variety of other factors, we estimate a model of the effects of various provisions in the charter laws on charter school market share. We find that two such provisions, one concerning the sponsorship of charters and another their funding sources, appear to have a strong effect on the market share of charter schools.