Charter Schools and the Law : Establishing New Legal Relationships

by Green, Preston C., Iii; Mead, Julie F.

• ISBN13: 9781929024667
• ISBN10: 1929024665
• Format: Hardcover
• Copyright: 2003-11-01
• Publisher: Christopher-Gordon Pub

Table of Contents

Acknowledgments	xiii
Introduction	1	(16)
Background to the Charter School Movement	1	(4)
Charter Schools and School Law	5	(3)
Format of the Book	8	(9)
Charter School Operations
Statutory Provisions and Variations That Define Charter Schools	17	(26)
Issues Affecting the Establishment of the Charter School	17	(3)
Home Schools and Cyber Schools: Must a Charter School Be a Place?	20	(4)
May For-Profit Entities Operate Charter Schools?	24	(2)
May a Charter School Applicant Appeal the Denial of a Charter?	26	(3)
May Charter Schools Charge Tuition?	29	(1)
Must Charter Schools Comply with Health and Safety Standards?	30	(1)
State Constitutional Challenges to Charter Schools	31	(4)
Are Some Charter Schools Actually Private Schools and Therefore Not Deserving of Public Funds?	31	(3)
Are Charter Schools a Constitutional Part of a Public School System?	34	(1)
Do Charter Schools Create an Unconstitutional Divestment of Authority?	35	(1)
Conclusion	36	(7)
Accountability	43	(16)
State and Federal Accountability Standards	43	(2)
Issues of Contractual Accountability	45	(9)
Standards Guiding Revocation/Renewal Decisions	49	(5)
Charter Schools' Ability to Enforce Charter Contracts	54	(1)
Accountability Enforced by Parents	54	(2)
Conclusion	56	(3)
Charter Schools and Finance	59	(18)
Overview of Charter School Funding Systems	59	(1)
Financial Mismanagement on the Part of Charter Schools	60	(2)
Economic Effect of Charter Schools on School Districts	62	(4)
State Constitutional Challenges	63	(1)
Statutory Challenges	64	(2)
Protections from Districts' Withholding Funds from Charter Schools	66	(1)
Discriminatory Treatment of Charter Schools	67	(3)
Equal Protection Clause	67	(2)
State Constitutional Provisions	69	(1)
Students with Disabilities	70	(1)
At-Risk Students	71	(1)
Distribution of Assets upon Closure of Charter School	72	(1)
Conclusion	72	(5)
Charter Schools and Employment	77	(24)
Teachers' Role in Charter School Development and Approval	77	(1)
Issues Related to Hiring Employees	78	(10)
Who Is the Employer?	79	(2)
Must Charter Schools Contract with Employees?	81	(1)
May Teachers Receive Leaves of Absence to Work in Charter Schools?	82	(1)
Can Teachers Be Assigned to Work in a Charter School?	83	(1)
Must Charter School Teachers Be Certified?	84	(4)
Issues Related to Working in a Charter School	88	(8)
May Charter School Employees Bargain Collectively?	88	(3)
Does Charter School Employment Implicate Participation in State Teacher/Employee Retirement Funds?	91	(1)
Do Tenure Laws Apply to Charter School Teachers?	92	(1)
Do Charter School Teachers Have Any Rights to Return to a Previous Position in a School District?	92	(1)
Do Any Provisions Relate to Termination of Charter School Teachers?	93	(2)
What Other Provisions of Charter School Statutes Relate to Employees?	95	(1)
Is It Fair to Treat Charter School Teachers Differently from other Public School Teachers?	95	(1)
Conclusion	96	(5)
Instructional Delivery in Charter Schools
Charter Schools and Race	101	(22)
Overview of the Equal Protection Clause	101	(1)
Racial Balancing Provisions	102	(9)
Non-Racial Preference Admissions Policies	111	(3)
Court-Ordered Desegregation Decrees	114	(3)
Charter Schools with Curricula That Appeal to Particular Racial and Ethnic Groups	117	(1)
Conclusion	118	(5)
Charter Schools and Gender	123	(22)
Charter Schools and Requirements for Gender Equity	123	(3)
Could a Charter School Be Targeted to Serve only One Gender?	126	(2)
Legal Authority Guiding Single-Sex Education	128	(12)
Principle 1: Exceedingly Persuasive Justification	136	(2)
Principle 2: Substantial Relationship	138	(1)
Principle 3: Comparable Benefits	139	(1)
Conclusion	140	(5)
Charter Schools and Students with Disabilities	145	(20)
Section 504/ADA and Charter Schools	146	(4)
Charter Schools and the IDEA	150	(8)
May a Charter School Serve Only Children with Disabilities?	158	(1)
Implications for Charter School Authorizers	159	(2)
Conclusion	161	(4)
Charter Schools and Religion	165	(24)
State and Federal Statutory Provisions That Limit the Involvement of Religious Institutions	166	(3)
Facial Challenges under the Establishment Clause	169	(3)
As-Applied Challenges under the Establishment Clause	172	(6)
Charter Schools That Are Operated by Religious Institutions	172	(4)
Parochial School Conversions to Charter Schools	176	(1)
Charter Schools That Are Operated by a Majority of Members from One Religious Institution	176	(1)
Partnerships for the Provision of Secular Services	177	(1)
Leasing Agreements between Charter Schools and Religious Institutions	177	(1)
State Constitutions	178	(1)
Equal Protection Clause	179	(1)
Practices That Might Face Establishment Clause Challenges	180	(4)
Teaching Ethics and Morality	180	(2)
Teaching Creationism	182	(1)
Providing Released Time for Religious Instruction	183	(1)
Providing After-School Religious Instruction	184	(1)
Conclusion	185	(4)
Charter Schools and the Rights of Parents and Students	189	(16)
Mandatory Uniform Policies	189	(5)
Free Speech Clause	190	(1)
Substantive Due Process	191	(1)
Hybrid Constitutional Claims	192	(2)
Submission to Random Urinalysis as a Condition of Attendance	194	(3)
Parental Involvement Contracts	197	(3)
Substantive Due Process	198	(1)
Equal Protection Clause---Freedom of Association	198	(2)
State Constitutions	200	(1)
Charter School Discipline Codes	200	(1)
Conclusion	201	(4)
Concluding Thoughts	205	(6)
Appendix A Public Charter Schools Program: Nonregulatory Guidance (December 2000)	211	(10)
Appendix B Office of Civil Rights: Applying Federal Civil Rights Laws to Public Charter Schools: Questions and Answers	221	(18)
Appendix C Nonregulatory Guidance: The Impact of the New Title I Requirements on Charter Schools, Draft Guidance (March 24, 2003)	239	(8)
Appendix D Summaries of Selected Cases Involving Charter Schools	247	(16)
Appendix E Charter School Statutes	263	(4)
Appendix F Charter School Law and Policy Links	267	(2)
Index	269	(4)
About the Authors	273