D
ARKANSAS
(Law passed in 1995; 10th weakest of the nation’s 43 charter laws)
Arkansas’ charter school law is considered weak because there are no independent authorizers in the state to approve charter schools, there is a cap on the number of schools that can open and inequitable funding makes it hard for charters to thrive. The State Department of Education is the sole authorizer, and the State Board of Education can be called upon to review their decisions. Overall, not the greatest market for charter school growth but there is momentum growing to change that.
INDEPENDENT OR MULTIPLE AUTHORIZERS – NO APPROVAL
Conversion charters must be approved by the school board first, and then the State Department of Education. The school board reviews new charters, called open enrollment schools, first, but their decision to approve has no impact on the state department’s action.
APPEAL
There is no binding appeal. A charter applicant, charter school, and affected school district can submit in writing a request for the State Board of Education to review the final decision of the State Department of Education. If the state board decides to review the decision, the state board can affirm the decision, take other lawful action on the charter, or request additional information.
OPERATIONAL AUTONOMY STATE
Limited. Waiver requests are considered on a case-by-case basis. The State Board of Education promulgates rules and regulations. Virtual schools are allowed. There is nothing explicit in the law about education service providers or the services they can provide to charter schools.
LOCAL
Limited. The local board heavily regulates charters. Conversion schools remain part of the school district. Open enrollment schools are considered fiscally and legally autonomous and are considered their own LEAs for special education.
TEACHER FREEDOM
Open-enrollment schools are exempt from participation in district personnel policies, but conversion charter schools are not. Teachers remain covered by district contracts but may request a waiver from certain provisions. All certified staff in charter schools (open-enrollment and conversions) must participate in the state’s retirement system.
NUMBER OF SCHOOLS ALLOWED CAP
12
Yes. The cap on the total number of open-enrollment schools increases by five whenever the current number of schools is two under the limit, which was initially set at 24. Only one campus per charter contract is allowed, however high-performing schools can petition the authorizer for licenses to open additional sites after receiving their initial charter. Unlimited conversion schools are allowed.
CHARTER SCHOOL LAWS ACROSS THE STATES 2015