by R. Craig Sautter, School of New Learning, De Paul University
Editor's Note: In response to increasing regional and national
demands for information about Charter Schools, we have developed
this special issue of Policy Briefs. The term "Charter School"
currently describes an assortment of school organizations. It has
become evident that there are many differing opinions and strong
feelings about Charter Schools. This Policy Briefs attempts to
clarify the definition of Charter Schools and to explore their
place in school restructuring and reform efforts by describing
existing Charter Schools in Minnesota and California, examining
legislative and contract guidelines, and discussing future
possibilities of Charter Schools.
During the writing of this report, state legislation about
Charter Schools was changing rapidly. A number of states were
considering or passing Charter School legislation. Aware of these
ongoing changes, NCREL made every attempt to make the contents of
this Policy Briefs as accurate and up to date as possible. This
Policy Briefs is not intended to be an exhaustive report or an
evaluation of the charter concept. We will leave those tasks for
future writers to undertake as Charter Schools mature.
The author is R. Craig Sautter of the School of New Learning, De
Paul University, who conducted interviews and research. Genevieve
Sedlack of NCREL provided extensive copy editing and additional
research. External reviewers checked the text for accuracy and
clarity, and NCREL thanks them for their time and effort.
When the City Academy in St. Paul opened its doors to 35 inner-city high school "drop-outs" in September 1992, the Minnesota school became the nation's first legislatively authorized "Charter School."
Charter Schools are sponsor-created and -administered, outcome-based public schools that operate under a contract between the school and the local school board or the state. To establish a Charter School, certified (in Ohio's case, certificated) teachers and/or other individuals or organizations, such as colleges, cultural institutions, government bodies, or parents, draw up plans for an innovative, outcome-based** school. (Minnesota's 1993 charter legislation allows for sponsors other than teachers.)
Originally, Minnesota granted "charters" to new schools if the plans were approved by a designated sponsor, such as a city council, county commission, or university board of regents. As of 1993, local school boards have the authority to approve charters. If a local school board declines to approve a charter, the school may appeal to the state board of education if at least two school board members support the charter. The state board then may authorize--and therefore sponsor--the school. The renewable charters are in effect for three to five years, and the schools are held accountable for achieving their designated outcomes during this time period. The sponsor and the state monitor the process.
Charter Schools are exempt from most state and local laws and regulations, but to gain charter renewal the schools must prove that their students have gained the educational skills that the school and its sponsor specified in the initial contract.
With the blessing of St. Paul's mayor and city school system, parents, and private donors, City Academy set up folding tables and chairs in a recreational center on St. Paul's East Side, and began offering intensive, year- round classes in standard high school subjects ranging from English to physics. Most of the students were minority males who had permanently left the traditional school system.
In that part of the city, as many as 40 percent of the urban youth are unemployed and out of school. City Academy is exploring new ways to retrieve, support, and educate a portion of the students who are considered the hardest to reach and teach.
City Academy's teachers want to help students learn foundation skills and to guide them through traditional subjects such as algebra and composition so that the students are prepared for advanced study. Toward this end, City Academy teachers improvise an interdisciplinary approach within the standard academic divisions and use multiculturally sensitive texts.
City Academy's innovation lies in its approach. The Charter School reaches youngsters through personal appeals and individual attention in a small, intimate setting. This strategy is reinforced through each student's interaction with a student support group at the school.
"One of the keys to our early success is our size," says Milo J. Cutter, a City Academy founding teacher. "We are small enough to give these students the attention they need and deserve. It makes a big difference." (see Reflections on Nation's First Charter School)
Early Progress
The students at the St. Paul City Academy are actively involved in setting school rules and running the program. Many of the students even assisted in the design of City Academy's charter plans and application. Since City Academy opened in the fall, every one of the former "dropouts" has made academic progress.
All of the students have elevated their sights toward postsecondary education after City Academy. The small Charter School and its teachers have rekindled academic and personal ambitions; several of the former "at-risk" students are already taking part-time college courses through the Minnesota Postsecondary Education Option Program while they complete their high school diplomas at City Academy. City Academy has given students both the skills and the confidence to succeed.
From a founding teacher's perspective, Charter Schools deliver several benefits. "Besides having the chance to create a school that takes into account the approaches we know will work," Cutter says, "the biggest benefit is that we are held accountable. For us, accountability is a daily concern. We listen to what the students want and need, because we ask them. And each day we ask ourselves if we are doing things the best way we can.
"We also have the flexibility to respond," she adds. "We can change the curriculum to meet these needs as soon as we see them. Anywhere else it would take a year to change. It is much better than anything we have known in the traditional setting."
The concept of Charter Schools may be one of the most powerful and promising to emerge from the school reform movement of the past decade, and the lessons learned by City Academy should prove valuable for redefining educational roles and stimulating change in other public schools. Charter Schools provide a real mechanism for change by creating new kinds of schools within the public domain. With Charter Schools, policymakers trade regulations and direct administrative control for genuine innovation and measurable results as outlined in the charter contract. As one of the legislative authors, Minnesota state Representative Becky Kelso expresses it, "The gift of Charter Schools is the gift of freedom."
If student outcomes are not satisfactory to the sponsor that granted the original charter, the charter need not be renewed. A new plan and a new charter can be granted by the board to a new group of sponsors. Accountability is a central issue.
"The Charter School idea offers a way to broaden quality choice within public education," says Ted Kolderie, senior associate at the Center for Policy Studies in Minneapolis. "It offers a middle way between traditional public education and the 'choice' proposals that use vouchers for private education."
Some public education veterans agree. "Public schooling should not be the exclusive domain of school districts," argues Carlos M. Medina, the former New York City School District #4 superintendent who helped establish innovative schools such as Central Park East. "There are many institutions within school district communities that can educationally serve children well," says Medina, who is now a senior fellow at the Manhattan Institute's Center for Educational Innovation, where he helps develop new kinds of public schools. "Community institutions like schools of education and museums and others should be given an opportunity to be part of the school community."
"Charter Schools are a small piece of the reform strategies we are using in Minnesota--not a cure-all," notes Gene Mammenga, Minnesota Commissioner of Education. "If charters divert our attention and reformers believe that they don't have to devote as much energy to systemic change in the public schools, then they will not have served a good purpose."
It is unlikely that every student who attends a Charter School over the next decade will aspire to college or trade school, or even successfully graduate with the skills that he or she needs to survive in today's hyper- competitive economy, where knowledge and skills are key to social autonomy or financial prosperity. And over the next few years, some Charter Schools may utterly fail at the innovations they try to introduce. Personalities, financial strains, and social forces could intervene to blur the goal of a better education for all charter students. However, with renewable charters, the schools that do not meet their goals can be replaced by other charters that have learned from past mistakes.
Leading National Government Officials
In addition to state-level interest, Charter Schools are gaining the attention and support of the nation's leading government officials. Both President Clinton and Secretary of Education Richard Riley advocate public Charter Schools. Additionally, in 1992 Senators David Durenberger (R-Minn) and Joseph Lieberman (D-Conn) introduced bipartisan congressional legislation to help fund Charter School start-ups. The legislation, along with the entire school reform package, was overshadowed by the Presidential election and died in Congress in 1992.
Durenberger and Lieberman have reintroduced Charter School legislation to the 103rd Congress as the Public School Redefinition Act.*** House sponsors of the bill include Representatives Dave McCurdy (D-Okla), Tom Petri (R-Wis), Tim Penny (D-Minn), and Tom Ridge (R-Pa). Major provisions of the bill include the following:
In 1993, Congress considers the comprehensive Reauthorization of the Elementary and Secondary Education Act and the Public School Redefinition Act, which is folded into it. Establishing Charter Schools was explicitly included as one permissible use of funds proposed for state reform efforts in Clinton's Goals 2000: Educate America Act, submitted to Congress in spring 1993 with the statement that a state may use funds toward "promoting public magnet schools, public 'Charter Schools,' and other mechanisms for increasing choice among public schools."
Reform Advocates
"Charter Schools represent a very appealing idea for legislators," asserts Kolderie, an early charter advocate. "Legislators are frustrated about the difficulty of getting change or improvement in public schools. They don't know how to get change in a system that they don't own and control. They basically buy education from these districts. They set certain specifications and provide money and, in effect, have a contract with the district to do this job on behalf of the state and its constitutional responsibility.
"But it doesn't happen to the state's satisfaction and state people don't know what to do about it. When they put out more money, it is taken up. But not much changes. Getting angry--giving orders--doesn't work either.
"The states have always been told that the only choice they have is between sending checks to superintendents and giving vouchers to parents. All of a sudden they discover that is not true. It is possible to have very different schools still within the principles of public education. This has been a real liberating idea for them. All it takes is to say it is O.K. for someone else to offer public education in the community."
Although the concept is evolving, Charter Schools also hold potential for unleashing teacher creativity and yielding new ideas about how to restructure the educational experience of elementary and secondary students. Within a decade, literally hundreds of Charter Schools could offer public education new approaches to teaching and learning.
The work of these Charter Schools is certain to influence the next phase of education reform and school restructuring as educators try to redefine the American public school for the next century by giving other public schools real incentive to improve.
"The object of Charter Schools is not just to create a few good new schools," Kolderie insists. "The object is to improve all schools. Districts do not want to lose kids and the money that comes with them. They will make improvements themselves to attract kids back from Charter Schools, or they may make improvements before a charter even appears."
During the next decade, Charter Schools could be established to promote a number of important educational goals, including increased access to innovative programs for traditionally underserved students, improved quality, and significant classroom restructuring. Here are a few other possibilities:
Educators have scores of good ideas that can now be tested in small charter environments. Charter Schools, with their small sizes and flexibility, hold many possibilities for future schools. Public schools will be able to chose from the best methods. Charter Schools' success may prove to be limited only by the creators' ingenuity and willingness to change and restructure our "traditional" schools.
In the past, it has taken as long as 27 years--a whole generation of teachers--for some major teaching innovations to take hold in the current system of U.S. classrooms. However, at this point, the public has invested in reform for a decade. Citizens want to see improved schools, and pressures are building to accelerate education reform or abandon it altogether. Letting "somebody else" offer public education through Charter Schools could accelerate that rate of change and have enormous impact on how all schools operate. How charters are used in the future, however, may depend upon their success in states where they are first being tested. A closer look at these states may provide clues for the future of Charter Schools:
Minnesota's Legislation
City Academy came into existence as a result of Minnesota's historic 1991 Charter School legislation, the first in the nation. The pioneering charter law called for up to eight teacher-created and -operated, outcome- based Charter Schools across the state that would be free of most state laws and state and local education rules. Renewable Minnesota charters would be granted for three years.
In 1993, new Minnesota charter legislation authorized existing public schools to become charters if 90 percent of a school's teachers supported the action. A 1993 amendment now allows the state board to approve Charter Schools without local board approval in some situations.
Choice Context
The idea of Charter Schools arose, in part, out of the statewide debate over school choice. Between 1985 and 1988, Minnesota began to enhance its reputation as an educational innovator when it became the first state to pass statewide public school choice legislation. Minnesota legislators hoped that Charter Schools would expand the number of real educational choices available to students and their parents. Charter Schools were intended to complement Minnesota's parental choice system to create a choice option not dependent on vouchers.
In spring 1993, Minnesota Governor Carlson sent legislators a letter urging them to "take the cap off" charter schools and authorize an unrestricted number. The legislature expanded the number of available statewide charters from 8 to 20. With this limit, the choice options still will not directly affect the vast majority of Minnesota students, but the legislation has opened the way for a school board on its own initiative to convert an existing school from administered to charter status.
Minnesota's First Charter Schools
By spring 1993, more than 20 Minnesota Charter School proposals had been designed by groups of teachers and their supporters. The first 8 slots allowed by law were approved by local school boards and the state board of education. Other than City Academy, the Charter Schools are:
"The people who come together to form a charter are extremely committed," says Peggy O. Hunter, Enrollment Options Coordinator for the Minnesota Department of Education and Director of the state charter program. "They have overcome many barriers and have been very persistent and resourceful. Some have remained part of a Charter School network even after their charter requests were turned down by the local school board. They show commitment and tenacity for improving the learning environment for learners. They have an incredible excitement about learning and are so student-centered. It is wonderful to work with people who are determined to improve the education opportunities for children."
Initial Problems
One of the legislative purposes of charters is to stimulate competition between public charter and traditional schools. Critics charge that several strong charter proposals were denied by local Minnesota school boards who hold the power to block charters and reputedly feared this competition.
Local boards may block new charters because they do not want state funds to be diverted from their existing public schools on an average daily per pupil basis to the Charter Schools. In these cases, school boards can vote to block the new charters. In one case, the state board of education denied a charter request by a group of rural parents and teachers who were trying to save their small school from closing.
"The school boards are not really ready to let go of mainstream kids they want to keep," explains Kolderie, "so they tend to kill proposals for Charter Schools that move toward mainstream kids. However the boards are not reluctant to let others try with kids with whom they haven't succeeded."
Minnesota legislators want a variety of Charter School models that will influence change in existing public schools. But the majority of the first wave of Minnesota charters went to schools that, like City Academy, want to educate children and teens who have not been well-served by traditional programs. Approximately half of the original charter proposals were targeted toward these youngsters.
Charter Issues, Charter Interest
Some of the characteristics of the Charter School idea are now being extended to other schools. In spring 1993, the Minnesota state board of education and the state legislature decided to free an entire school district that applies for waivers from all but the most basic state regulations. The waivers are from state board rules--not state or federal law; therefore, health, safety, civil rights, and special education regulations have not been waived. The state board can revoke the waivers at any time. Districts can take actions such as altering class sizes, the school day, and teacher work rules. The state board actually has been waiving rules for several years, but more schools and districts are beginning to ask for waivers.
One district experimenting with this new freedom is North Branch, approximately 40 miles north of Minneapolis-St. Paul. After petitioning for waivers in response to the Charter School legislation, the district was granted three-year waivers to prompt innovation. The school district argued that it could compete with any Charter School, but needed a level playing field. Other districts are watching the results closely.
Some Minnesota legislators want to find additional ways to authorize charters so that local school boards cannot block innovation. In states that are considering charter legislation, central issues of debate include the number of charters that should be granted, types of charter sponsorships, and appeal processes for blocked or rejected charters.
Two additional changes have been made in Minnesota with the 1993 amendment:
As early as 1983, the California legislature mandated higher standards, revamped curriculum frameworks, lengthened the school day and year, established mentor teacher programs, improved textbooks, and set up teacher accountability systems. In recent years, the state also has passed laws to create more school-based management systems and teacher career opportunities and to promote school restructuring.
Yet, legislators and educators were dissatisfied with student learning progress resulting from these changes. The charter originally was proposed in 1987-88 by California public school educators frustrated by bureaucracy and eager to have real freedom with accountability. A year after Minnesota enacted its charter law, California passed legislation authorizing up to 100 Charter Schools beginning in 1993.
California's charter law seeks to:
However, a referendum on tax-financed vouchers that will be on California's general election ballot in November is threatening the future of California's Charter Schools. The referendum would allow parents to pay for private schooling with vouchers. If the referendum passes, it may make the current California law on charters obsolete, according to Les Martisko, Executive Director of the South Central Education Cooperative Service Unit (SC/ECSU) in North Mankato, Minnesota. A July 8 article from the "Report on Education of the Disadvantaged" also notes that the National Education Association (NEA), which opposes vouchers on the basis that they would prompt the removal of the most advantaged pupils from public schools and isolate at-risk students, is spending $1 million to battle the voucher referendum in California.
In some cases, California Charter Schools might be entirely new schools, but the legislature tends to assume that they will be converted from current public schools, based on an approved plan of significant change.
Minnesota now allows persons other than teachers to form and operate an outcome-based Charter School. But teachers still must make up the majority of the school's board of directors. Teachers can form a cooperative that negotiates a contract with the Charter School to provide instruction. California law allows other responsible groups such as parents and business and community leaders to organize a school, but at least 50 percent of teachers in a school must sign a petition to charter before a school can be considered for charter conversion.
Renewable California charters are granted for five-year periods, and the charter can be revoked by the local board if a school does not live up to its agreement. The Charter Schools do not become legally independent school districts as in Minnesota. They are, however, relieved of local rules and regulations, and entire school districts in California can petition to become charter districts.
The California State Board of Education, unlike the state board in Minnesota, cannot veto a charter proposal that gains local approval. The state simply publicizes the charter initiative and keeps track of charter applications, giving each a number and cutting off applications after 100 have received local approval (10 within a single district). The responsibility for quality control rests at the local level. California law also allows the sponsor of a proposal that is denied at the local level to appeal to the county board of education.
"This is the most important education reform measure to be enacted in recent years," says California State Senator Gary K. Hart (D-Santa Barbara), the law's chief sponsor. "It will give our educators a real opportunity for innovation by allowing them to create new public schools which focus on student outcomes without compromising the integrity of the public education system."
However, only a few of the first California charter applications to the state demonstrated much innovation, perhaps because some were "placeholder" applications. Potential charter teachers and local school districts put in quick applications so that they could be among the first 100, and are spending a year working out their plans. It is expected that at least four California Charter Schools will open in 1993.
California Models
Here is a glance at some early charter plans submitted to the state:
Radical Deregulation
California's charter legislation already has bipartisan support, but Pete Wilson, the state's Republican governor who signed the law, doesn't want to stop at 100 Charter Schools. He would like to see all of the state's public schools converted to outcome-based Charter Schools.
According to Governor Wilson (January 1993, "California Reports" speech), "There are a lot of rules we need to change, because to fix our schools, we must free our schools . . . . We want to free imaginative and dedicated educators to provide a charter for an individual school unfettered by the more than 7,000 pages of code requirements.
"Last year, I signed legislation creating up to 100 such Charter Schools," the governor explained. "This year, I propose we expand that program to move from Charter Schools to charter districts. And if charter districts succeed, let California become a charter state and again lead the nation in reform and innovation."
Given the turmoil in California schools resulting from a decade of budget problems, more legislators could find themselves voting for the Governor's plan. But for now, most California legislators simply want to know how well the first group of Charter Schools work and what new models and suggestions they offer for school restructuring.
Trading Flexibility for Outcomes
"For California, the essence of Charter Schools is the notion of trading flexibility for accountability," observes Merrill Vargo, director of regional programs and special projects at the California Department of Education. "We are not cutting schools free and saying, 'Anything goes, here's a check from the state and good luck.' The idea is to free schools from some of the regulations, especially those that focus on process and procedure, and instead hold schools accountable for outcomes.
"Charter Schools will have to meet ambitious goals of student learning," she continues. "We hope that schools will find a way to do that. We also want to find a way to hold schools accountable for outcomes. If we can't, then we really need to live with the rules and tune them up. The California experiment is about shifting from a rule- based to an outcome-based accountability system."
Charter Schools are not without their critics or cautionary
arguments. Policymakers need to be sensitive to these often
legitimate fears when they craft legislation or act on a charter
request.
Albert Shanker, president of the American Federation of Teachers
(AFT), was an early proponent in 1988 of the concept of charter
schools:
Districts could create joint school board-union panels that
would review preliminary proposals and help find seed money for
the teachers to develop final proposals. The panels would then
issue charters to these groups and commit themselves to trying
to waive for the charter schools certain regulations that
legitimately stand in the way of implementing their proposal,
if the faculty so argue. The faculty also would be allocated
their share of the per pupil budget spent in other schools, as
well as the space and resources they might ordinarily have. All
of this would be voluntary. No teacher would have to
participate, and parents would choose whether or not to send
their children to a charter school.
Since then, numerous teachers' union members and their leaders
have supported the charter concept or helped create charters, but
their support often is restricted by questions about the
definition of Charter Schools, which schools are involved, and
regulations.
Many teachers' unions at state and national levels also fear that
Charter Schools are just another covert attempt by enemies of
public education to break up a system that is still the best in
the world at educating students of diverse backgrounds and
multiple needs. (This concern was noted earlier in the NEA's
opposition to California's proposed voucher legislation).
The unions wonder whether the benefits of Charter Schools have
been over-promised. And while some Minnesota Education
Association (MEA) members have sponsored Charter School
proposals, Robert E. Astrup, president of the MEA, warns that
Charter Schools "may turn out to be the biggest boondoggle since
New Coke."
Both NEA and AFT worry that charters will be used to reverse
years of hard-earned gains for the millions of students and
teachers who benefit from the tradition of universal public
education. "Charters could be used as a tool to try to bust
teacher unions," says Janet Bass, an American Federation of
Teachers spokesperson who notes that the union's position on
Charter Schools is still evolving.
Although charters promise certain forms of teacher empowerment,
they also could lead to greater teacher impoverishment. Charter
teacher salaries and benefits are not bound by previous
collective bargaining agreements. Unions caution policymakers to
resist any effort to make Charter Schools part of a tactic to
reduce teacher pay to save money. Given the relative inequity
that already exists between teacher pay and that of other
professions, that scheme can only have negative long-term
educational consequences.
Astrup also argues that a decade of school reform has already
generated plenty of innovations that will eventually reach most
students and teachers. He says that schools are changing and need
more financial aid, not a fancy program that diverts money from
under-funded schools and personnel. "Charter Schools drain state
resources and attempt to duplicate the efforts that are currently
under way in many existing districts," Astrup warns.
What would be the result if a state like California turned all of
its schools into charters? Such a move would represent an instant
and radical deregulation that could work against state efforts to
improve schools in other ways. Complete deregulation could mark a
loss of state accountability and could trap individual schools in
funding inequities that deprive many poorer children of their
educational right to equal access to quality learning.
Are charters on the leading edge of a back to greater local
control movement? Can decentralization on the state level work
without significant abuses of the public trust? These are issues
that policymakers must study in detail as the first wave of
Charter Schools rolls over the nation.
In addition to California and Minnesota, at least 15 states from
coast to coast have already introduced, debated, or passed
charter legislation, including Alaska, Arizona, Connecticut,
Florida, Massachusetts, New Jersey, North Carolina, Oregon,
Pennsylvania, Tennessee, Washington, and Wisconsin. In 1993,
Colorado, Georgia, and New Mexico adopted Charter School laws. In
late May, the Massachusetts legislature was very seriously
considering the idea. In the NCREL region, the governors of
Michigan and Wisconsin have strongly urged action on the charter
experiment.
Other north central states such as Indiana, Iowa, and Ohio, are
devising or have enacted new routes that allow current schools to
receive waivers from state laws and regulations when they
redefine their missions and educational methods to reinvent their
schools. Ohio is implementing both interdistrict and
intradistrict open enrollment, and grants waivers for innovative
programs. In Iowa, the school district must define performance
outcomes and a way to measure the expectations in order to
receive a waiver.
St. Paul City Academy is the nation's first state authorized
Charter School, but it certainly won't be the last. So much
interest is being shown in Charter Schools across the nation that
they clearly have become an instrument of public education
policy.
But the real debate has just begun over how best to use Charter
Schools as a strategy for public school change, how to stimulate
the most innovation, how to protect charter students and
teachers, and what charters teach all schools about redefining
their missions of teaching and learning.
Les Martisko, executive director for the South Central
Educational Cooperative Service Unit (SC/ECSU) in North Mankato,
Minnesota, agrees with others who feel that the greatest benefit
from Charter Schools is the pressure placed on the rest of the
system. Whether Charter Schools themselves will meet their
expectations is questionable. "It's like the mosquito biting the
elephant. It keeps the elephant moving but is doesn't change the
elephant. And the mosquito dies after a few bites."
In the end, Charter Schools may be able to inspire ambitious
teachers, educators, and reformers who are looking for models of
innovation to give students valuable and exciting educational
experiences. One thing is certain, Charter Schools offer
policymakers what could turn out to be a dynamic tool for public
education experimentation and change.
What exactly are Charter Schools? The strict definition is rather
straightforward. State-legislated Charter Schools are legally
independent, innovative, outcome-based, public schools. Common
characteristics include:
Independent Charter Schools require state legislation to
authorize their existence. The legislation outlines general
specifications and requirements for establishing a Charter School
in a state, and regulates the number of Charter Schools permitted
statewide. The process may be used to create a new school or to
empower an existing school.
Teachers or organizers follow state guidelines when they submit
their plans for a Charter School to a local board of education or
other sponsor. The sponsor grants or denies a "charter" to
operate. These agreements may or may not require the final
approval of the state board of education.
In some states, once these schools receive their charters they
organize as a discrete legal entity-- often but not always a
nonprofit corporation--and operate almost as an autonomous school
district. Some advocates say that this aspect of Charter Schools
is a key to differentiating a Charter School from an existing
district's alternative school.
Charter Schools are public schools. They are mandated to teach
all students, not just gifted or well-financed students. They may
not charge tuition. Admission cannot be limited by any
intellectual or athletic characteristic. They are bound by all
civil rights provisions. And when demand for admission exceeds
the number of slots, students are chosen randomly by lot. They
may not have a religious affiliation.
Charter Schools are not magnet schools. Students don't have to
show special skills or pass tests for admission as is the case in
some magnets. However, Charter Schools may target certain
enduring learning problems, developmental needs, or educational
possibilities. They have specific organizing themes and
educational philosophies that guide their work. So, like magnet
schools, students may be attracted by the educational idea and
vision that guides the learning experience offered by a Charter
School.
The original charter, which is negotiated and signed between a
Charter School's founding teachers and supporters and the
sponsor, sets forth detailed conditions and expectations for an
outcome-based school.
Outcome-based means that students must demonstrate what they have
learned and know before they move forward in their diverse
studies. The goal is to prove active student competence and
knowledge in diverse subjects rather than merely record
attendance and effort at learning.
From the legislative point of view, innovation is a key component
of the Charter School strategy. In Minnesota, for example, the
legislative intent is that charters be signed only for innovative
school plans or for schools that more effectively reach out to
educate students who have been underserved in the past. Thus,
Charter Schools are intended to be labs of educational
experimentation in these areas aimed at developing new teaching
and learning strategies and approaches that can be utilized in
other traditional public schools.
In exchange for their innovative and carefully outlined
outcome-based plans and community support, Charter Schools
receive waivers from state laws and from many state and local
administrative rules that can hamper innovation, such as rules
mandating the amount of time that a class must spend on a
particular subject or how the subject is taught. Since Charter
Schools are treated as independent entities, they are not
required to report on a daily basis to the local school board
that grants them the charter. Charter Schools do not receive
waivers from safety, health, dismissal, or civil rights
regulations, nor do they escape state testing and report card
mechanisms that can keep track of their real progress. However,
charters set their own conditions for teacher work rules and
salaries.
The basic idea is for students to bring the average funds per
pupil with them from their previous district for Charter School
to use. Thus, when students move from traditional public schools
to charter public schools, money follows. The old school
districts lose those dollars to the Charter Schools. To retain
that money, legislative advocates say, the traditional public
schools will have to improve their educational programs so that
they are more attractive to students and their families.
Conversely, when students who have dropped out or have gone off
to private schools come back into a Charter School, as in the
case of City Academy, their old district is unaffected. Then the
Charter School brings additional dollars into the local education
arena. The 1993 Minnesota legislation prohibits raising funds for
start-up costs through grants or contributions.
Charter Schools are performance-oriented. Renewable charters
usually are granted by the local school board for a period of
three to five years, depending upon state legislation. Charter
Schools must produce student improvement and performance or
perish.
It is worth noting that another version called Charter Schools is
not directly related to the legislatively authorized Charter
Schools described in this brief. These are local charter
schools-within-schools. At local levels throughout the country,
education reformers have launched schools-within-schools that
predate the legislatively authorized independent Charter Schools.
For example, since 1989, charter schools-within-schools fever has
swept through the old high schools of Philadelphia. In just four
years, 95 charter schools- within-schools have been opened in the
city's 22 comprehensive high schools.
"We were here first," notes Michelle Fine, a professor at City
University of New York's Graduate Center. She served as the
designing consultant for the Philadelphia Collaborative, which
assists in charter formation. "We were using the language of
Charter Schools before state legislation was passed in Minnesota
or California."
Joe Nathan, Senior Fellow and Director of the Center for School
Change at the University of Minnesota and an expert on choice,
makes a distinction: Choice is central to the concept of Charter
Schools in California, Minnesota, and other states where they are
authorized by the legislature. However, this concept represents a
big difference from Philadelphia's charter schools-within-
schools. "Many of Philadelphia's schools-within-schools are not
options. Students are assigned to them," says Nathan.
AFT-Inspired
The Philadelphia charter movement began with a reform mandate
from Superintendent Constance Clayton. Fine borrowed the Charter
School terminology from American Federation of Teachers President
Albert Shanker, who used the term in a 1988 National Press Club
speech calling for a new kind of public school in which teachers
make curriculum decisions, team-teach, and have a greater role in
school management.
Shanker urged a move to "charter schools" that would concentrate
on professional development, cooperative learning, and
teacher-as-coach, and that would exhibit a strong commitment to
producing improved student outcomes.
Philadelphia charter schools-within-schools break the large,
comprehensive urban high schools into manageable learning
families of 200 to 400 students. Students work with the same 8 to
12 teachers over a four-year period. According to the
Philadelphia Public Schools Student Information office, as of
July 1993 approximately 65 percent of all high school students
and 1,500 teachers are learning and teaching in these charter
schools- within-schools.
Charter Themes
Some of the Philadelphia charter schools-within-schools are
connected to the Coalition of Essential Schools, which tries to
simplify the number of course offerings, but teaches the courses
in greater depth. Some schools work with corporations and
businesses to study themes such as international relations and
tourism. Some are linked to local universities. Some focus on the
school's relationship with its community, and students conduct
community surveys, ethnic analysis, and multicultural studies.
Others focus on marketing, horticulture, writing, arts, or
science.
Teachers work with regular and special education students and
multiple academic levels together. The teacher team has common
preparation time--unusual in most schools. All of the charter
schools-within-schools use interdisciplinary teaching and
learning strategies.
"Most of the Charter Schools get their teachers involved in
professional development around outcome-based assessment," says
Fine. "They decide exactly what they want their graduates to know
and then work in those areas. Charter teachers are experimenting
with much more collaborative work and performance-based
assessment than before the charters arrived."
Similarities and Differences
The Philadelphia charter schools-within-schools are created and
planned by teachers, but the Minnesota Charter Schools are no
longer so restricted as to their sponsors. Both strive for
innovation and a student- centered learning experience.
However, Philadelphia charter schools-within-schools are not
independent legal entities. Teachers do not sign a formal
agreement based on their plans, nor are the Philadelphia charter
schools-within-schools limited by time or held more accountable
for student outcomes than other public schools. Philadelphia's
charter schools- within-schools also are not bound by a renewable
performance-based contract, so there is no mechanism for revoking
the charter when it is not living up to anticipated results.
In Philadelphia, local charter schools-within-schools remain part
of the central system and must contend with central
administrative regulations, work rules, and power struggles. "The
bureaucracy is the big problem in all these large cities,"
observes Fine.
The Philadelphia charter schools-within-schools know from the
data they have assembled that their approach is starting to work.
More students come to class and more students pass their subjects
in the charter environment than before. A district study showed
that the 20,898 students in the smaller charter units attended
class more frequently and gained better grades than their 18,905
fellow students attending traditional comprehensive high schools.
Charter students had a daily attendance rate of 79.3 percent
versus the 73.5 percent for other comprehensive high school
students. Approximately 71 percent of the charter students passed
their English classes, compared to approximately 62 percent of
noncharter comprehensive high school students. In mathematics, 65
percent of charter students gained passing grades, versus 60
percent of noncharter comprehensive high school students. Both
kinds of charter schools clearly offer important lessons for
school reformers and policymakers.
**Note: Ohio does not use the term outcome-based, but prefers
performance-based.
***The bill went to the House floor in July.Based on an interview
by R. Craig Sautter
Tommy G. Thompson, Governor, State of Wisconsin Excerpted from
the January 21, 1993, address to the Wisconsin Education
Convention
In 1993, Wisconsin officially joined the growing list of states
debating Charter Schools as a way to promote greater innovation
in public education. Governor Thompson introduced provisions for
charters as part of his 1993- 1994 state budget recommendations.
Here are some of his thoughts on Charter Schools.
"I want to give school districts and teachers flexibility in
designing innovative schools," the Governor said. "My budget
includes a Charter Schools initiative to allow school districts
to design innovative educational programs.
"Under the initiative, a school district could contract with a
Charter School, or convert all its schools to Charter Schools.
These new schools would be exempt from many state laws, with the
exception of the school report card and state wide assessments.
Existing private schools will be prohibited from becoming Charter
Schools.
"Currently, Minnesota and California are experimenting with
Charter Schools, and at least nine other states have proposals
pending. We don't want to be left behind.
"I envision Charter Schools to be what former education secretary
Lamar Alexander described as 'breaking the mold schools.' Our
schools really haven't changed all that much since the days that
many of us went to school. Yet, the work force and the world have
changed dramatically.
"School boards, administrators, and teachers too often find
themselves stymied as they attempt to bring our schools into the
21st century. As a result, children are left behind. As leaders,
we need the flexibility that Charter Schools offer . . .
opportunities virtually free of mandates.
"Charter Schools say to parents, teachers, principals,
administrators, and boards, 'We trust you. You know what's best
for your children. Let's place real decisionmaking power into
your hands.' This proposal will help schools be more innovative
and therefore more responsive to student needs."
Wisconsin just passed legislation on Charter Schools in July
1993, as the Governor had urged in his January 1993 address. This
legislation authorizes a school board, on its own initiative or
by a petition meeting certain conditions, to request approval
from the state superintendent to establish one or more Charter
Schools in the school district. A Charter School would be exempt
from all laws governing public schools except the requirement to
participate in the state's pupil assessment program and to be
included in the school district's annual school performance
report. The Charter Schools are allowed to be established in no
more than ten school districts. The students enrolled in a
Charter School also would be included in a school district's
membership for state aid purposes.
Requirements
If a Charter School replaces a public school in whole or in part,
the school must give preferences to any pupil residing within the
attendance area of the former school. Charter Schools also must
be nonsectarian in their programs, admissions policies,
employment practices, and other operations. Charter Schools may
not charge tuition, discriminate in admission, or deny
participation in any program or activity on the basis of a
person's sex, race, religion, national origin, ancestry,
pregnancy, marital or parental status, sexual orientation or
physical, mental, emotional, or learning disability.
Establishment of Charter Schools
A school board, upon its own initiative and with the state
superintendent's approval, may contract with an individual or
group to operate a Charter School. A school board may apply to
the state superintendent to establish a Charter School upon the
receipt of a petition signed by at least 10 percent of the
teachers employed by the school district or by at least 50
percent of the teachers employed at one school. The school board
must, upon the receipt of the state superintendent's approval and
within 30 days of receiving the petition, hold a public hearing
on the petition to consider the level of employee and parental
support for the establishment of the Charter School. The school
board may grant the petition after the public hearing. A school
board may convert all of the public schools in the district to
Charter Schools if a petition is signed by at least 50 percent of
the district's teachers and the board provides alternative public
school attendance arrangements for pupils who do not wish to
attend or are not admitted to a Charter School.
Charter Contract Provisions
School boards are required to give preference in awarding
contracts for Charter Schools to those schools that serve
children at risk. A school board is prohibited from contracting
with a Charter School outside of its district or for the
conversion of a private school into a Charter School. The
contract also must:
A school board may revoke a contract with a Charter School if the
board finds that the pupils enrolled failed to make sufficient
progress toward achieving state goals or that the Charter School
violated the contract, failed to comply with generally accepted
accounting standards, or violated the law authorizing the
establishment of Charter Schools. The employees of a Charter
School are authorized to be eligible for certain benefits under
the Wisconsin retirement system.
Some of the other provisions of the charter law include the
following:
Starting a Charter School
Three-year contract provisions between the charter board and
board of education include:
Admissions:
The charter of an outcome-based school can be terminated or
not renewed, for:
Immunity:
Howard L. Fuller, Superintendent, Milwaukee Public Schools
Based on an interview by R. Craig Sautter
Milwaukee's superintendent is known as an innovator in touch with
his urban school system. He has been an active proponent of
Charter Schools, but has waited for the Wisconsin legislature to
take action before granting any charters to schools in his
district.
"Last year, the Milwaukee Board of School Directors took an
official position supporting Charter Schools," Fuller says. "We
put it in the legislative package that we took to the state last
year because we felt that we needed statutory authority to
develop Charter Schools. This year, the governor has included a
provision for Charter Schools in his budget and we support his
effort.
"I believe that Charter Schools give us a way to be innovative
within the public school rubric. They give us a way to move
forward on a new notion of a system of public schools. I think it
is an innovation worth trying.
"Charters would present a wide variety of opportunities. My hope
is that teachers, community groups, and other sponsors would help
develop Charter Schools in Milwaukee. I visualize teachers coming
forward with some new ideas and approaches. I visualize the
possibility of Charter Schools-within-schools. Charter Schools
are another way to create models out here that will work for the
benefit of the kids.
"Charters give teachers an opportunity to create new models
without being bogged down by some of the restraints that are
already in existence. While people in the current schools are
trying to be innovative, they keep running into barriers. Some
are contractual. Some are state mandates. Some are board policies
and procedures.
"Superintendents have some authority to move these barriers, but
not nearly the authority that people believe we have on the
playing field on which we are operating.
"The issue is how much flexibility will teachers have. To me,
anything that we can put into motion to provide more flexibility,
so different models are created that benefit kids, is worth
pursuing.
"I think that, ultimately, those of us who work in public school
systems had better get the message that because we exist today
doesn't mean we will exist tomorrow.
"To sum up, the value of Charter Schools is that it allows for
innovation within the control of the elected public school board.
If people believe in public schools and they want to maintain a
public school system, then they better understand that the old
ways of doing things are not enough."
Daniel E. Mobilia, Superintendent, District 2142, St. Louis
County, Minnesota Mobilia has been superintendent of District
2142, St. Louis County Schools, for six years, where his main
priority is keeping the rural schools within his district, which
covers almost 5,000 square miles, operational and
competitive.
"We have a rural K-12 high school in our district that declined
in enrollment to the point that it became difficult to provide
financial or academic services for the kids. So we decided to
close it. This school only has 160 students with a graduating
class of about 10 kids. As with the closing of any school, but
particularly a high school, people were very upset. However, the
new Charter School legislation gave them an option to try to run
the school themselves.
"The advantage, of course, is that as a Charter School they are
exempt from the majority of the rules that our district has to
follow, other than fire, safety, and health issues. Thus, they
can pursue different types of organizational options.
"For example, the state mandates the type of curriculum public
high schools must follow, including foreign language and elective
components. For a small rural school, it is very difficult to
meet those criteria.
"Another example is the certification of teachers. Our district
is required to have certified teachers. Charter Schools are
exempt from this as well. Nor is the Charter School required to
have a principal. So they have a lot of leeway that public
schools don't have. Given these exemptions, I agreed that maybe
they could make a go of the Charter School, where we couldn't
make it go as a traditional public school.
"Right now it is impossible to say if this is a good thing or
not, because we simply don't know yet. The Toivola-Meadowlands
Charter School is only now in the process of hiring their
teachers. The core group is made up of parents and community
leaders. I do not see much innovation about the school. They
basically adopted the outcomes we have for our school system.
"The law allows teachers employed by the district to gain a leave
of absence if they want to teach in the Charter School. But not
one of my teachers chose to participate. They would have to take
a cut in pay, and why would they do that? And many of them see
nonprofessionals making key decisions that should be made by
professionals. They feel that it is more like a private school
than a public school. Many feel that this is just another step
toward privatizing public education. I don't know if that is true
or not. How can you project at this point?
"To me, Charter Schools are like the choice option. These are
gimmicks that are trying to fix the system of public education
without getting at the core problems, which are societal
problems. Adding a few Charter Schools is not going to fix public
education.
"The biggest plus in the case of Toivola-Meadowlands Charter
School is that it has mobilized a community that was very
complacent and had allowed their school system to erode. This
brought them together and they worked very, very hard to save
their school. It was very healthy in that sense because it
brought their community together. The old saying used by our
Governor, 'It takes a whole community to educate a child,' is
happening there in this case.
"On the other side of the coin, I see a Charter School being
developed in an area that is very economically depressed. It will
be very difficult to maintain enrollment. I see some hard times
ahead for them."
St. Paul City Academy, the nation's first charter school, is
making a big impression for such a small school. With just 35
students, the school still finds itself in the national spotlight
in the debate over Charter Schools.
Milo Cutter, who teaches English and social studies, cofounded
City Academy with teacher Terry Kraabel. "I was educated as a
teacher," says Cutter. "But most of my working years were spent
in the business world. I returned to teaching four years ago,
first in Puerto Rico and then in a St. Paul alternative school
with Hispanic students who were not well served by the
traditional classroom.
"After years of experience in a system that was substantially
different from the structure of schools, I was intrigued by
Minnesota's new Charter School law, which gave teachers a chance
to create different kinds of schools.
"It became apparent to us that some other alternative should be
explored," Cutter recalls. "We wanted to create something with a
traditional curriculum, but not traditional delivery system and
definitely not a large setting.
"The charter legislation seemed to suit the needs of these
students and gave us a real opportunity to create a program
specifically for them. So we proposed a Charter School aimed at
unenrolled youth ages 16 to 21. We got the support of the city
and the mayor as well as private industry and tried to pull in
all the concerned people."
City Academy is very small, with four full-time teachers, a
full-time clerical aide, one part-time teacher/aide, and a
part-time psychologist. The Academy's 35 students represent a mix
of African-Americans, Hispanic-Americans, American Indians, and
European-Americans. Most students are male, though the Academy is
seeking more women. Many of its students haven't been in school
for quite a while. All have experienced frustration with other
systems, even though several are only a few credits short of
graduation.
"Many of these young people feel alienated much of the time,"
notes Cutter. "But they are regular teenagers who simply seem to
have stronger feelings. It is potential to be tapped. That has
worked against them in other education circumstances. One of the
things I like about our students is that they are not quiet. They
are very active. They have very strong opinions. Their sense of
what is fair and what is good is very clear, so that is good for
us.
"There is a dramatic range of student abilities from second grade
to college level," Cutter observes. "But I am amazed that
students, whom some call elementary readers, when given
encouragement from other students, do an excellent job. What they
are willing to do is a whole lot better than where they tested in
the past.
"We are learning a lot just watching how the students respond,"
Cutter says. "Because this is our first year, we are still
experimenting. In our charter application, we outlined general
curriculum we planned to use. But students helped develop our
specific curriculum and the atmosphere for learning. They
articulate the kinds of things in, say, consumer law that they
want to learn. It is an exciting experience."
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Cautions and Concerns about Charter Schools
A National Trend
What are Charter Schools? A Definition
Local Charter Schools-Within-Schools
*This Policy Brief was written by R. Craig Sautter, who
teaches courses in philosophy, politics, literature, and creative
writing in the School for New Learning at DePaul University in
Chicago. He cowrote "An Agenda for the Reform of the Chicago
Public Schools," the final report of Mayor Harold Washington's
Education Summit. He also collaborated with Edward Fiske and
Sally Reed on Smart Schools, Smart Kids, Simon and Schuster,
1991.
A Governor Speaks on Charter Schools
Wisconsin Legislation
Major provisions of the Minnesota law
An Urban Superintendent Speaks on Charter Schools
A Rural Superintendent Speaks on Charter Schools
Reflections on the Nation's First Charter School
Resources
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