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WASHINGTON (Law passed in 2012; 16th weakest of the nation’s 43 charter laws)
Colleagues point to Washington as a model law, but after nearly two decades of legislative attempts to bring charters to Washington, a far less than average charter school law was created in 2012. The Evergreen State allows the creation of up to only 40 charter schools over five years. One opened in 2014 with already a troubled history. The law gives authorizing power to a state commission and school boards after applying, but it is still unclear how autonomous charters will be and whether funding will be even close to equitable.
INDEPENDENT OR MULTIPLE AUTHORIZERS – YES (2) APPROVAL
The Washington Charter School Commission (a quasi-independent body) can authorize charter schools across the state. Local boards can be authorizers, but only after approval to do so by the State Board of Education.
APPEAL
None.
OPERATIONAL AUTONOMY STATE
Yes. Charters do receive a blanket waiver from most rules and regulations governing traditional public schools, however they must comply with any rules made applicable in their charter contract. The Department of Education oversees the charter commission and manages charter processes, adding bureaucracy where it is not needed. Virtual schools are allowed. Management contracts are restricted to only nonprofit ESPs that meet certain criteria and additional information is required to be included in the charter school application about the provider.
LOCAL
Limited. Charters are free from some district rules and regulations, but districts acting as authorizers can specify exemptions, or lack thereof, in their schools’ contracts. Charter schools do function as their own LEA according to state law.
TEACHER FREEDOM
Yes. Teachers are not covered by the district bargaining agreement and may negotiate as a separate unit, or work independently. Any bargaining unit established in a charter must be separate from all other units and only include employees of that school. The state statute includes charters as members of relevant state retirement systems as long as their participation does not jeopardize the status of the state’s retirement systems. It’s unclear if this is mandatory.
NUMBER OF SCHOOLS ALLOWED CAP
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Yes. Forty schools can be approved during the first five years of the charter school law. No more than eight can be approved annually, and the unused spots can be rolled over to the next year.
CHARTER SCHOOL LAWS ACROSS THE STATES 2015
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WASHINGTON (Continued)
EQUITY STUDENT FUNDING
Funds pass from the state and district to the school. The law states that per-pupil funding will be calculated from a statewide average of a variety of funding categories (special education, general funding, categorical) for public schools and shall be allocated based on the same funding criteria for traditional public schools. All authorizers can retain a maximum four percent authorizer oversight fee. With only one school open, there is no evidence as to whether or not charters are receiving funding to which they are entitled. “(2) According to the schedule established under RCW 28A.510.250, the superintendent of public instruction shall allocate funding for a charter school including general apportionment, special education, categorical, and other nonbasic education moneys. Allocations must be based on the statewide average staff mix ratio of all noncharter public schools from the prior school year and the school’s actual full-time equivalent enrollment. Categorical funding must be allocated to a charter school based on the same funding criteria used for noncharter public schools and the funds must be expended as provided in the charter contract. A charter school is eligible to apply for state grants on the same basis as a school district.” Wash. Rev. Code Ann. § 28A.710.220 (West).
FACILITIES FUNDS
Charter schools are eligible for state matching funds for common school construction. Wash. Rev. Code Ann. § 28A.710.230 (West).
LINK TO THE WASHINGTON CHARTER SCHOOL LAW THE ESSENTIAL GUIDE TO CHARTER SCHOOL LAW
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