Status of Charter School Legislation for Ten Remaining States By: Andrew Robinson

The “Final Ten”, you could call them; they are the ten states in the United States that do not have any charter school programs. These include: Alabama, Kentucky, Maine, Montana, Nebraska, North and South Dakota, Vermont, Washington, and West Virginia. Several powerful groups, from unions to large corporations that do business with the school systems, have allied to work to defeat these efforts. Below is a summary of where charter school legislation stands in each of these states.
 
First, Alabama; it ranks near the bottom in standardized tests for the evaluation of student performance. Yet, the most recent attempt to authorize charter schools, a bill introduced in 2004, did not even make it to the floor of the state legislature’s House. A later proposal was also defeated as a result of the efforts of local school boards and the teachers’ union. Nothing else has been proposed since.
 
Next, Kentucky. Like its southern neighbor, it is struggling to improve student scores on standardized tests. On February 19th of 2008, Republican Representative Stan Lee submitted House Bill 587 that would allow for charter schools to be formed in the state. It was sent to the House Education Committee on the 21st of that same month, and is still undergoing committee review and hearings. Based on the responses from the community, it is clear that parents are in favor of it. It remains to be seen if the legislature can overcome resistance from lobbying groups.
 
In Maine, in 2006, both the state’s House and Senate drew up proposals for charter school legislation. After both bodies reviewed them, these bills were placed in a committee for study and review. The Maine Senate, in March of that year, voted the bill down, 18 to 16. The argument against it was that it would have drawn funds away from the other public schools. Also, as the charter schools were to be for at-risk children, the schools were unnecessary; the existing system could handle these students, they argued. Recently, state Senator Carol Weston and Representative Karl Turner voiced the opinion that it is time for the state to again take up this legislation, but nothing has yet transpired

In Montana, their most recent effort to pass any sort of charter school legislation took place in the fall of 2002. It was then that House Bill (H.B.) 704, the Montana Charter Schools Act, was introduced, but it did not to pass. In the years since, numerous other bills have been submitted and reviewed by various committees, but none have made it to the House floor for a full vote. At this time, there are no efforts underway for any new legislation to be considered. The state also has a large American Indian population, and their test scores are particularly low. A number of advocates suggest that charter schools could help that segment of the population. In October of 2008, a public opinion poll showed that 28 percent of the state’s population favored establishing charter schools.
 
The state of Nebraska has a unique education system. They have elementary-only districts, what they call Class I Schools. The state has a merger law to blend those districts with the K-12 districts, though many are against this. If the fight to overturn that law fails, a large number of people are advocating the creation of charter schools; however, no legislation is currently pending. This is partially due to the Class I schools still being present but also because the state has a law that allows parents to send their children to the school of their choice. As a result, few parents currently see the need for charter schools.
 
It is ironic that North Dakota’s next door neighbor, Minnesota, created the first charter school legislation in 1991, and opened the first such school a year later. Back in 2003, Senate Bill No. 2418 addressed the issue of charter schools, but was ultimately defeated. People pushing the issue have a tough battle on their hands: the North Dakota Education Association is adamantly opposed to the entire proposal. The state has no legislation pending at this time.
 
With South Dakota, a group of parents tried to push the issue of charter schools in the 1990’s, but no action was taken. Finally, in 1997, the state enacted a law to allow parents to choose any school in the state for their children to attend. It was then felt that the issue of charter schools had been sidestepped. In 2007, Daphne Richards-Cook, member of the Rapid City School Board, voiced concerns over the high drop-out rate among Native Americans. As a result, State Senator Tom Katus drafted legislation to introduce charter schools to the state’s system. But, in February of 2008, the bill was defeated by a vote of six to one by the Senate Education Committee.
 
Vermont, which prides itself on being logical and independent, has a voucher program to allow for school choice. This allowsstudents to attend private schools, but the state does not have charter schools as an option. Given the state’s small population, it is felt that parents should have the freedom to place their children in the school of their choice. Since 2001, a number of charter school legislative pieces have been considered, all have died in committee. The state does not currently have bills pending on the issue.
 
Finally, West Virginia; this state has been struggling with improving its school system for years. A number of laws to allow for school choice came and went during the middle of the 1990’s, but the issue of charter schools has not been mentioned since 2001. A bill on charter schools was considered that year, but it was not passed. Despite dismal school performances, and being surrounded by states that have charter schools, the state does not seem interested in taking up the matter.
 
Many people are looking to Barack Obama to give guidance to the entire Charter School movement. While Obama did much to push for more charter schools in Illinois, over the objections of teachers’ unions and various lobbying groups, it remains to be seen what he can accomplish on a national scale. A lot will hinge on his selection of the Secretary of Education. Arne Duncan, the Chicago Schools CEO, is considered by many to be a visionary reformer. If he is tapped for the job, it could signal Obama’s willingness to push for national changes to the school system.
 
Several common themes, both positive and negative, seem to have emerged regarding the efforts in these states. Often the state education offices, such as the education boards and parents, are in favor of them; however, several powerful groups are not. On the one hand is the union representing the teachers. They see charter schools as a threat to tenure for their members, and a danger to future income. As pay and retirement benefits are a function of how long a teacher works, tenure becomes quite important for them. Then there are the powerful business interests that do business with the school systems. They do everything from supply books to collect the trash. Here again, they see charter schools as a threat to their multi-million dollar contracts.
 
As unions traditionally support Democrats, and big business is the friend to Republicans, this means both sides of the aisle in any state legislature are being bombarded by lobbyists intent on shooting down any charter school bills. We can only hope that stronger leadership is forthcoming from the new national administration.