| 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 not can be said to have the same linkage because of the way funding flows. Those chartered by the State Charter School Board are considered No-Link, but schools 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.) |
Special education funds go directly to the charter school except for those charter schools sponsored by local school districts. |
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 Board of Education (after approval by LEA or on appeal) |
LEA, Part of an LEA
Two types: LEA (start-ups) or part of an LEA
(conversions) |
No-Link, Total-Link
No-Link (start-ups) and Total-Link (conversions) |
All funding is combined into a per-pupil amount that includes special education funds. Start-up charters are LEAs and are funded directly just like other LEAs. Funds for a conversion charter school stay with the LEA. |
Start-up charters can provide special education directly or through contract. |
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 (charter can choose) |
No-Link, Partial-Link
Partial-Link or No-Link (A charter school can elect to become its own LEA for special education. Most charters are part of an LEA, but some are their own LEAs for special education. |
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. |
All students of a charter, regardless of their residence, are deemed to be residents of the chartering entity for special education.
State law allows for the formation of a charter SELPA. The state is currently allowing a pilot project to examine the issues that arise from such an entity. One all-charter SELPA has been implemented on a pilot basis in El Dorado. In addition, 3 existing SELPAs have been allowed by the Board of Education to participate in the project by accepting charter schools not from their region to test whether service delivery can be successful in meeting the needs of member charter schools that are geographically dispersed. |
| 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 student, which is responsible for evaluation and services. LEA either provides services at the charter school or negotiates another arrangement with the charter school. Some charter schools have their own staff and LEAs reimburse the charter for the costs of special education, some LEAS send staff to charter, and sometimes it's a combination of both. |
State law designates the LEA of the child's residence responsible for providing special education 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 at choice of the charter school |
No-Link, Partial-Link |
All charter schools get the weighted add-on for enrolled students with disabilities. Non-LEA charters get evaluation services from DCPS and LEA charters do not. All charters must fund special education services. |
In its application, a charter school must elect whether it will be an independent LEA or part of the DCPS for purposes of special education.
In 2007 when the DC education system was reorganzied, the DC Board of Education discontinued its chartering task leaving only one 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 |
LEA, Part of an LEA
Two types: Part of an LEA or LEA (created to be such by the State Board) |
No-Link, Total-Link
Total-Link for charters authorized through the LEA. No-Link for charters authorized by the State Board 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. |
Charters that are part of an LEA can call on that LEA for help in serving students with disabilities. Charter schools that are LEAs are responsible for all special education services. |
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. Then, the State Special Education Director allocates teacher and aide positions to each charter school based on the same staffing method used for all public schools. Each island also provides related services personnel to charter schools out of their allocation. |
Charter schools are required to attend all trainings and meetings and follow all directives involving special education including those related to the Felix case (a court consent decree to improve special education in the whole state). |
Idaho
(State Primer Available) |
LEA and State Board of Education |
LEA, Part of an LEA
Two types: LEA (if charter granted by state) 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 State Board |
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 State Board. State special education dollars for charter schools use the same formula that applies to all school districts. |
A change in state law now allows for the State Board 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 |
LEA, Part of an LEA
Two types: LEA (if charter granted by state) 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 State Board |
Funds for special education go to the LEA and then 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 state-authorized charter schools, federal special education funds may flow directly to a school. |
A charter school is open only to students in the chartering district. However, parents from any other LEA may place a student in a charter school and they must pay tuition. |
| Indiana |
LEA, public state universities, or Mayor of Indianapolis |
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. |
Charter schools in Indiana have three types of cooperatives they can choose to join to access support for special education: the Virtual Special Education Cooperative, a local special education cooperative or the 21st Century Special Education Cooperative. Charter schools may hire their own Director of Special Education, but none have chosen that option to date. |
| Iowa |
LEA and 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 or State Board of Education (for appeals) |
LEA, Part of an LEA
Two types: LEA (type #2 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. |
Types of LA charter schools: Type #1: Charter with local school board (new start-up); Type# 2: Charter with SEA (new start-up or conversion); Type #3: Charter with local school board (conversion); Type #4: School Board Charter with SEA (conversion or start-up) |
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)
-2- Commonwealth — No-Link (independent) 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.
-2- Commonwealth: charges "tuition" to the student's LEA of residence; amount based on average per pupil cost for each LEA |
|
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 |
State Board of Education through the LEA |
Part of an LEA |
Total-Link |
Charter school is considered a part of the LEA and is treated the same as other LEA schools. |
Only conversion schools allowed under charter school law. |
| Missouri |
1) The local school district in which the charter will reside; 2) A four-year college or university with its primary campus in the school district
in which the charter will reside or in the county adjacent; 3) A community college located in
the school district; 4) the State Board of Education subsequent to denial of sponsorship
by other eligible entities |
LEA |
No-Link |
Funding flows from the resident school district in which the charter school is located. The charter school reports its student count to the child's LEA of residence and then that LEA is responsible to send all state and federal funds attributable to that child to the charter school. |
Under state law, charter schools can only operate in Kansas City or St. Louis. |
| Nevada |
LEA; State Board can sponsor a charter school
that is started for students with disabilities only |
Part of an LEA |
Partial-Link, Total-Link |
Special education funds go to the LEA of residence of the student and are provided to the charter school by the LEA. (Regular ed funds go to charter schools directly form the state. |
Law allows that a charter school that cannot provide an appropriate program for a student with a disability can ask the LEA of residence to transfer that student. |
| New Hampshire |
LEA under older law and 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. |
New Pilot Program passed in 2003 changed many aspects of charter operation. No charter schools were ever approved under old law. The state may now authorize 20 charter schools during the Pilot Program period 2003 to 2013. |
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 school is 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. Charters do a December 1 count like all other LEAs. |
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 approval also by the 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 #1 or #2. |
|
| 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. |
|
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. |
Ohio operates Special Education Regional Resource Centers (SERRCs) that are required to provide technical assistance to all public schools, including charter (community) schools, in their region. |
| 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 of residence. State law establishes the minimum percentages of funds the resident district provides to the charter school. |
OR charter schools are public schools within the LEA and not independent LEAs. State law provides that resident LEAs retain responsibility for special education services, including services for students attending out-of-district charter schools. |
| 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 no local funds. |
Charter schools are accountable to the school board of trustees of the district that authorized them. |
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 which 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. |
| Utah |
State Charter School Board with approval of State Board of Education
LEA
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 a district LEA must then go to the State Charter School Board. 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 |
Charter schools are part of LEAs and receive special funding in the same way/formula as non-charter schools. |
|
| Washington |
|
|
|
|
Although the Washington State Legislature passed a charter school law in March 2004, a majority of voters overturned the law in a referendum that was decided in the November 2004 election. Currently, the state of Washington does not have a charter school 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) district boundaries receive the same dollar amount per disabled child as MPS does. The same formula is applied to charters within the Racine School District boundaries, i.e., the same dollar amount per child as the Racine SD receives. 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. |
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