DispellingtheMythof22WhiteFlight22.pdf

Dispelling the Myth of “White Flight” An Examination of Minority Enrollment in Charter Schools Kelly E. Rapp Suzanne E. Eckes Indiana University

At the outset of the charter school movement, some opponents feared that char- ter schools would become havens for White students wishing to flee the tradi- tional public school system, resulting in publicly funded segregation. However, studies suggest that this has not occurred. In fact, charter schools on average remain slightly racially segregated, enrolling more minority students than traditional public schools. Segregation in charter schools is not unavoidable considering that they often can exercise more control of student body compo- sition through recruitment measures. This article examines the current racial makeup of charter schools by reporting student body diversity data in the 32 states that enroll more than 1,000 students in charter schools (as of 2002-2003). Additionally, the impact of parental choice, the lifting of desegregation decrees, and state statutory language on the racial composition of charter schools is discussed. Finally, the authors offer recommendations for combating segregation in charter schools and discuss avenues for future research.

Keywords: charter schools; racial segregation; student body composition

Opponents of charter schools argue that charter schools skim the most talented students, leaving students from disadvantaged backgrounds,

for example, in the traditional public school system (see, generally, Metcalf, Theobald, & Gonzalez, 2003). However, studies have suggested that charter schools on average enroll a larger number of low-income and racial minor- ity students than traditional public schools (The Brown Center on Education Policy, 2003; Frankenberg & Lee, 2003). Despite the ability of many char- ter schools to combat segregation by recruiting students across traditional school district boundary lines, the data suggest that this has not occurred.

As Gary Orfield (2003) stated in the foreword to the July 2003 report of The Civil Rights Project at Harvard University, “Racial segregation in charter schools

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needs to be considered as both a critical problem and a lost opportunity” (p. 5). For one thing, numerous studies of charter school achievement have produced conflicting results on the effectiveness of charter schools on student performance (Bulkley & Fisler, 2002; Eckes & Rapp, 2005; Frankenberg & Lee, 2003). Without conclusive evidence of the superiority of charter schools—in addition to the existence of some evidence of weak performance by charter schools—it is not known whether the high percentage of minority students in charter schools will experience negative effects on their education.

Additionally, the educational and civic benefits of a diverse education have been widely documented. For example, minority students attending racially integrated schools are more likely to attend and succeed in college and to live and work in interracial settings (Frankenberg & Lee, 2003). Integration provides minority students with opportunities for social networks and access to higher education, jobs, and community leadership. The acade- mic achievement of Black students has risen since the 1970s, when schools began to become more diverse, and a recent study in a higher education set- ting showed a link between diverse classrooms and scores on complex and historical thinking measures (Eckes, 2003). Finally, research by The Civil Rights Project found that all students, not only minority students, benefit from attending desegregated high schools (Frankenberg & Lee, 2003).

Therefore, racial segregation is a concern of the charter school move- ment. We expand on the work of Frankenberg and Lee (2003), who used the Common Core of Data (CCD) of the National Center for Education Statistics (NCES) to examine the racial makeup of charter schools during the 2000-2001 school year. In this study, we used the more recent 2002- 2003 CCD to analyze the charter school populations in the 32 states that enroll more than 1,000 students. We acknowledge the influence of vari- ous factors, such as parental choice and the lifting of desegregation decrees, on the racial composition of charter schools and propose an addi- tional explanation for enrollment trends. To test the hypothesis of a rela- tionship between the content of state statutory language on racial composition of charter schools, we examined the states’ charter school statutes for 2005. Finally, we address legal implications of charter admis- sions policies and make recommendations for achieving greater integra- tion of charter schools.

The Racial Composition of Charter Schools

When charter school legislation was first introduced, some critics expressed the concern that this form of school choice might lead to further

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racial and ethnic segregation (Cobb & Glass, 1999; Hocschild & Scovronick, 2003; Horn & Miron, 2000; Howe, Eisenhart, & Betebenner, 2001). Other observers feared that charter schools would provide school officials the means to help White parents escape from racially desegregated public schools (Elmore, 1988; Fitzgerald, Harris, Huidekoper, & Mani, 1998; Green, 2001). In response to such concerns, 19 states adopted policies requiring the racial composition of charter schools to reflect the racial pop- ulations of surrounding school districts (Frankenberg & Lee, 2003). Furthermore, 12 state statutes offered priority to charter schools that serve impoverished, minority students (Ryan & Heise, 2002).

Despite the initial concern that prompted these policies, statistical evi- dence does not support the notion that charter schools lead to White flight; in fact, few charter schools have disproportionately high percentages of White students (Frankenberg & Lee, 2003; National Center for Education Statistics, 2002). On the contrary, many charter schools have dispropor- tionately high percentages of racial minorities (Green, 2001). For example, charter school data reveal that the percentage of Black students in charter schools is 20% higher than in traditional public schools, and the discrep- ancy is 13% when comparing Hispanic students in charter schools versus traditional public schools (National Center for Education Statistics, 2002).

Data regarding the segregation in charter schools are generalized. In other words, some charter schools enroll higher percentages of White students than the surrounding public schools, and some have greater racial integration than public schools (Cobb & Glass, 1999). However, in general, charter schools are typically more racially segregated than public schools, enrolling more minority students than traditional public schools. In fact, 12 charter schools had been identified as of 2001 by the U.S. Department of Education as hav- ing high levels of segregation (Parker, 2001). A 2000 report indicated that charter schools in Connecticut, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, and Texas enrolled much higher percentages of students of color than all public schools in those states (RPP International, 2000). In contrast, charter schools in only Alaska, California, and Georgia maintained higher proportions of White students than all public schools in those states (RPP International, 2000).

Evidence From the 2002-2003 CCD

The NCES CCD demonstrates the numbers behind segregation in char- ter schools. We used the 2002-2003 CCD to analyze the aggregated racial breakdown of students attending charter schools versus the breakdown of

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students attending traditional public schools in states with more than 1,000 students enrolled in charter schools. As of the 2002-2003 school year, 32 of the 41 states with charter laws met this criterion. A two-way contingency table analysis (using Crosstabs in SPSS) was conducted for each state to assess whether the proportion of White and non-Hispanic students varied depending on the type of school (charter or traditional). School type was determined to be statistically significantly related to racial classification in all but two states (South Carolina and Utah). Essentially, this means that the overall racial composition of charter schools was noticeably different from the racial composition of traditional public schools in most states.

A one-tailed z-approximation (binomial) test revealed that in 11 states (Alaska, Arizona, California, Colorado, Georgia, Hawaii, Idaho, Kansas, Nevada, Minnesota, and Oregon), the percentages of White students in char- ter schools in 2002-2003 were significantly greater than in traditional public schools by an average of 8.8%, but in 21 states, charter schools enrolled sta- tistically significantly greater proportions of minorities than traditional public schools, by 28%. Table 1 shows the results of the statistical analyses, which support the hypothesis that many charter schools are more racially segregated than traditional public schools, enrolling much higher percentages of minority students than their traditional counterparts. For a complete racial breakdown of charter versus traditional public schools in all states, see Appendix A.

The discrepancy between percentages of minorities enrolled in charter schools compared with traditional public schools ranged from small (1.7% in North Carolina) to large (68.9% in Missouri). Large sample sizes (the entire population of students in each state was used in the statistical tests) caused even the smallest differences to be found significant. Therefore, effect sizes (Φ) were calculated to determine the strength of the relation- ship. Again, the large sample sizes affected the results, and effect sizes were small. However, the relative strength of relationship between minority status and school type can be determined by comparing the states’ effect sizes with one another. For example, in states enrolling fewer minorities in charter schools than in traditional public schools, the strongest relationship, indicating the greatest discrepancy in racial composition, existed in Idaho, where minorities made up 4.2% of the student body of charter schools, compared with 22.6% of the traditional school population (Φ = .153).

Although comparisons for only two states were nonsignificant, states with very small effect sizes can be considered to have had barely noticeable differences in racial composition between charter and traditional public schools. States with the smallest effect sizes included Delaware, Florida, Georgia, North Carolina, Oregon, South Carolina, and Utah; in other words, charter schools and traditional public schools in these states had

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Table 1 Results for the Two-Way Contingency Analysis

of Minority Status by School Type

% Minorities % Minorities in Traditional in Charter % Pearson’s Effect

State Schools Schools Difference χ2 Size (Φ)

States enrolling fewer minorities in charter schools than in traditional public schools Alaska 40.7 31.5 9.2 90.2 .026 Arizona 50.3 44.1 6.2 821.1 .030 California 66.4 60.1 6.3 2,704.9 .021 Colorado 34.5 27.1 7.4 678.8 .030 Georgia 47.1 42.1 5.0 259.3 .013 Hawaii 79.8 70.3 9.5 181.1 .031 Idaho 22.6 4.2 18.4 561.5 .153 Kansas 23.3 12.9 10.4 118.2 .016 Nevada 47.3 36.4 10.9 131.9 .019 New Mexico 66.5 57.2 9.3 169.3 .023 Oregon 23.7 19.9 3.8 15.7 .005

States enrolling more minorities in charter schools than in traditional public schools Connecticut 30.8 73.2 42.4 1,838.2 .057 Delaware 41.4 44.2 2.8 14.6 .011 District of Columbia 95.3 98.4 3.1 174.8 .048 Florida 48.0 52.2 4.2 371.8 .012 Illinois 41.6 87.6 46.0 6,492.0 .056 Indiana 17.8 49.3 31.5 857.5 .029 Louisiana 51.4 63.7 12.3 287.7 .020 Massachusetts 24.5 49.3 24.8 5,157.4 .072 Michigan 26.3 62.9 36.6 43,847.4 .157 Minnesota 18.4 50.6 32.2 8,110.8 .098 Missouri 21.3 90.2 68.9 26,708.2 .170 New Jersey 41.0 90.3 49.3 12,433.5 .095 New York 45.6 84.6 39.0 6,364.3 .047 North Carolina 40.8 42.5 1.7 26.3 .004 Ohio 20.7 67.0 46.3 42,223.3 .152 Oklahoma 37.2 64.7 27.5 870.6 .037 Pennsylvania 22.2 64.4 42.2 32,513.2 .134 South Carolina 45.8 46.7 0.9 0.43 .001 Texas 59.9 81.4 21.5 10,246.0 .049 Utah 16.2 17.9 1.7 3.2 .003 Wisconsin 19.7 57.5 37.8 16,233.4 .136

Note: Pearson’s χ2 tests were statistically significant at the p = .001 level for all states except Utah ( p = .076) and South Carolina ( p = .512).

essentially the same racial compositions. Several factors, such as parental choice, desegregation decrees, and state statutory language, may influence the racial composition of charter schools in these and other states.

Parental Choice and Student Body Composition

Before the Brown v. Board of Education decision in 1954, the segrega- tion of public school students was considered constitutional in the United States. This type of state-sponsored segregation is known as de jure segre- gation. Even though de jure segregation was declared unconstitutional in Brown, segregation continues to plague the nation’s public schools, as evi- denced by the results above. Rather than de jure segregation, however, public schools today struggle with de facto segregation, or segregation based on individual choice. De facto segregation has contributed to the resegregation of American public schools. Therefore, research on how parents choose their children’s schools is important to note.

Demographic Factors That Influence Parental Choice

Some researchers have discovered that given more opportunities, parents will make choices on the basis of academic quality (Maddaus, 1990). However, findings by Glazerman (1998) challenged the common belief that parents choose schools with the highest academic performance. Glazerman found that socioeconomic status, race, and distance from home had powerful effects on parents’ choices; Maddaus (1990) also found that location can be the primary factor in school choice. Therefore, some of the discrepancy between minority enrollment in charter and traditional public schools dis- covered in the present study could be related to where the charter schools are located. For example, most charter schools operate in urban centers (Center for Education Reform, 2004). The state statute of Missouri, which has the highest percentage of minority students in its charter schools and the largest discrepancy between racial composition by school type (a 68.9% difference in the percentage of minority students, Φ = .170), allows charter schools to be established only in metropolitan or urban school districts (R.S. Mo., 1998). Likewise, in Indiana, one of the primary sponsors is permitted to spon- sor charter schools only within the city of Indianapolis, which has a higher minority population than the state as a whole (U.S. Census Bureau, n.d.).

As noted by Glazerman (1998), it is possible that parents care only about who is in their children’s classrooms and thus try to predict the choices of other students in their peer groups. However, a more convincing line of

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reasoning is that parents consider characteristics of schools’ current students when making their choices (Glazerman, 1998). Glazerman stated, “This leads to a recursive process, where the choices of one cohort influence cohorts that follow” (p. 4). As noted by Goldhaber (2001), parents base some schooling decisions on nonacademic characteristics of schools, such as the socioeconomic status of the students who attend them. This recursive effect can be seen in an analysis of characteristics of high school students in schools of choice that demonstrated that students in these schools had families with lower incomes, lower levels of education, and were more likely to be African American (Schneider, Schiller, & Coleman, 1996).

In addition to minority parents opting for charter schools, there is also the possibility that White families are purposefully avoiding high-minority charter schools (see Eckes, 2006; Saporito, 2003). Originally, it was hypothesized that because higher income parents had higher quality ties to information networks than lower income families, school choice would exacerbate social class differences as privileged families fled the traditional public schools (Schneider, Teske, Roch, & Marschall, 1997). Indeed, Saporito and Lareau (1999) provided compelling evidence that race is a powerful force in guiding families’ school choices. Specifically, they docu- mented that White families assiduously avoid schools with higher percent- ages of African Americans. In many instances, this means that White families may avoid charter schools.

Dissatisfaction With Traditional Public Schools

In addition to demographic factors that attract parents and students to partic- ular schools, charter schools are often an alternate choice for students of color wishing to opt out of low-performing schools (Finn, Manno, & Vanourek, 2000).

George and Farrell (1990) observed that a growing number of minority parents, especially African American parents, believe that they have only limited choices in public education. In their research on the perceived quality of local public schools and its relation to opinions about choice, Lee, Croninger, and Smith (1994) found that opinions on choice are indeed motivated by negative views of local school quality. More specifically, they found that an unfavorable view of the local school was inversely related to attitude about school choice.

Ethnocentric Charter Schools

One explanation for the high percentages of minority students attending charter schools could be the existence of ethnocentric schools. Ethnocentric

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schools are racially distinctive charter schools that are designed to educate particular racial groups. It is important to note that the goal of ethnocentric charter schools is focused on culture rather than specifically on race. For example, the goal of Afrocentrism is to include additional African American information, not to replace all European information (Harris, 1992). Harris (1992) noted that Afrocentrism is

not an attempt to impose an African world view upon others, nor is it an attempt to develop Black supremacy. Rather, [Afrocentrism] proposes that people of African descent or cultural orientation center their view and evaluation of the world within their own historical and ontological framework. (p. 306)

Although some charter schools incorporate ethnic themes after opening their doors because they already serve higher proportions of minority students, many charter schools are organized with certain ethnic themes and are likely to attract students from those particular populations. Gill (1991) argued that Afrocentric programs have positive implications for helping African American students experience academic success. Although theme schools have raised questions among those who strictly oppose any type of segregation, there is much support for ethnocentric charter schools (Brandt, 1994).

The Milwaukee Journal Sentinel reported in March 2004 that more than 200 Afrocentric schools had opened in the United States since 1996 (Sykes, 2004). Parker (2001) highlighted that in Lansing, Michigan, African Americans made up 33% of the school district, yet the Afrocentric charter school was almost completely African American. Likewise, in Saginaw, Michigan, only 13% of the students in the school district were Latino, yet the charter school was overwhelmingly Latino (Parker, 2001). Although ethnocentric charter schools may not intend to discriminate, and student body composition may be linked more to parental and student choice, it is nevertheless arguable that there may be a reverse-Brown problem with some ethnocentric charter schools (Parker, 2001). More specifically, Parker contended that from a legal standpoint, charter schools with student populations that do not match their surrounding school districts may be deemed unconstitutional.

The Lifting of Desegregation Decrees and Student Body Composition

Generally, when a school district is under a desegregation decree, it must eventually achieve unitary status. When a school district is declared unitary, it means that the school district has been able to eliminate the vestiges of past discrimination, and therefore, the court no longer needs to supervise

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(Green v. County School Board, 1968). After the Green (1968) decision, only when a school district had desegregated and achieved a unitary system was a district court able to dismiss the decree and return control to the local school district. Specifically, for a school district to be found unitary, the district must have demonstrated racial integration in the following areas: student body, faculty, staff, extracurricular opportunities, and transportation (Green v. County School Board, 1968).

In recent years, however, the definition of unitary status has become less stringent, and the Supreme Court has granted broad latitude to district courts when determining the unitary status of school districts. The lower courts are relying on three Supreme Court decisions during the 1990s that permitted a lower standard for lifting desegregation decrees. Specifically, the Board of Education v. Dowell (1991), Freeman v. Pitts (1992), and Missouri v. Jenkins III (1995) decisions spelled out procedures for court approval for the dismantling of school desegregation plans. As a result of these Supreme Court decisions, a school district can now more easily be declared unitary. Consequently, the number of school districts under deseg- regation decrees has recently decreased. Once a decree is lifted, a school district may do whatever it wants, as long as it does not blatantly increase segregation (see, generally, Frankenberg, Lee, & Orfield, 2003; Orfield & Lee, 2004).

It is difficult to determine exactly how many school districts have been involved in court battles about their desegregation decrees (McMullen & McMullen, 1993; Tacorda, 2003). However, a search of two legal databases and various news sources identified some districts that have been engaged in desegregation decree litigation. For example, from the Board of Education v. Dowell (1991) decision to the present time, we found more than 50 school districts with either published or unpublished opinions regarding the lifting of desegregation decrees. Given the easier standard articulated in Dowell, Freeman v. Pitts (1992), and Missouri v. Jenkins III (1995), school districts have demonstrated the ease in being declared unitary.

More than 10 states explicitly require charter schools to comply with school desegregation orders (Parker, 2001). Even if a state statute does not unequivocally state that a charter school must follow the school desegrega- tion decree, the charter school is still required to remain in compliance. Green (2000) argued that the “rigid enforcement of desegregation decrees might actually prevent the creation of charter schools that meet the educa- tional needs of minority communities” (p. 2). Therefore, lifting decrees would enable charter schools to serve primarily minority students. As school districts continue to lift their decrees, charter schools may arguably become more racially segregated.

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State Statutory Requirements and Their Impact on Racial Composition

In an attempt to avoid racial segregation in charter schools, some states have enacted legislation. In fact, 19 states have specific racial and ethnic bal- ance enrollment guidelines for their charter schools (Frankenberg & Lee, 2003). It is worth exploring the relationship of these statutes to the CCD analysis on racial composition presented earlier in this article. Comparisons may demonstrate that state legislation encourages greater racial integration in charter schools. Accordingly, we analyzed the state statutory language of the 32 states enrolling more than 1,000 students in charter schools and coded the statutes according to their content. This analysis revealed three common themes: statutes that specified that charter schools must comply with any desegregation decrees (n = 7), statutes that specified that charter schools must reflect the racial balance of their districts or communities (n = 10), and statutes aimed at promoting diversity or combating racial isolation (n = 3). Relevant language from all state statutes is presented in Appendix B.

A comparison of the relationship of the content of statutory language to the discrepancy between minority student enrollment in charter versus tra- ditional public schools, aggregated by state, is presented in Table 2. Within each statutory language purpose, states were categorized as enrolling greater percentages of minority students in either charter schools or traditional public schools. Average discrepancy percentages were also calculated, and effect sizes (Φ coefficients) are included in the table as indicators of the statistical strength of discrepancies. For the purposes of this comparison, states with effect sizes rounding to between .001 and .049 (n = 18) can be considered to have similar racial compositions between charter and tradi- tional public schools, and states with effect sizes rounding to between .050 and .170 (n = 14) can be considered to have discrepant racial compositions.

Of the 32 states with greater than 1,000 charter school students during the 2002-2003 school year, 12 do not currently have statutory language per- taining to the racial composition of charter schools. In half of these states, charter schools enrolled greater percentages of minority students by an average of 23%. In the 6 states that enrolled greater percentages of minor- ity students in traditional public schools, the difference was only 9%. Six of 7 (86%) of the states with statutes stipulating that charter schools com- ply with desegregation decrees enrolled greater percentages of minorities in charter schools by an average of 26%. Seventy percent of the 10 states whose charter schools must reflect the racial balances of their districts or

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communities enrolled greater percentages of minorities in charter schools by 27%. The largest discrepancy in minority enrollment between charter schools and traditional public schools (46%) was found in the states with statutory language that aims to promote diversity.

Using the percentage of states within each statutory language purpose that enrolled more minorities in charter schools than in traditional public schools as a dependent variable, statutory language requiring charter schools to comply with desegregation decrees had the greatest impact. Additionally, when discrepancy in the percentage of minority students in charter schools versus traditional public schools was the dependent variable, statutory language that promotes diversity had the most impact (46%). However, it is misleading to report trends in charter school enrollment by statutory language in the aggregate, because unique state factors interact with this language to create individual differences.

For example, both Missouri and South Carolina have statutes that require charter schools to reflect the racial balances in their districts or communities, yet they had the largest (68.9%) and the smallest (0.9%) dis- crepancies in minority enrollment between charter and traditional public schools, respectively. This differential enrollment trend may be explained by the fact that, as previously mentioned, Missouri allows charter schools to be established only in metropolitan or urban school districts (R.S. Mo., 1998). Conversely, the fact that South Carolina was one of the only states involved in extensive litigation regarding charter school admissions may have contributed to the nearly identical proportions of minorities in charter and traditional public schools in the state. Indeed, state statutory language gov- erning charter school admissions has legal implications and consequences.

Legal Implications of Student Body Composition Policies

Although most public schools do not have many opportunities to combat de facto segregation, this is not always the case with charter schools (Frankenberg & Lee, 2003). Charter schools are not always confined to enrolling students within district lines, and as a result, they are able to exercise more control of the racial composition of their student bodies than traditional public schools (Frankenberg & Lee, 2003). For instance, unlike most tradi- tional public schools, some charter school leaders may have opportunities to recruit more diverse student bodies by drawing students from across district lines. Although it is true that charter schools are intended to be more

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Table 2 Comparison of Statutory Language With the Racial Composition

of Charter and Traditional Public Schools

School Type Effect Statutory Enrolling More % Size Average %

State Content Minority Students Difference (Φ) Difference

Utah None Charter 1.7 .003 22.7 District of Columbia None Charter 3.1 .048 Texas None Charter 21.5 .049 Massachusetts None Charter 24.8 .072 New York None Charter 39.0 .047 Illinois None Charter 46.0 .056 Oregon None Traditional 3.8 .005 8.7 Georgia None Traditional 5.0 .013 Arizona None Traditional 6.2 .030 Alaska None Traditional 9.2 .026 New Mexico None Traditional 9.3 .023 Idaho None Traditional 18.4 .153 Delaware Desegregate Charter 2.8 .011 25.5 Louisiana Desegregate Charter 12.3 .020 Oklahoma Desegregate Charter 27.5 .037 Indiana Desegregate Charter 31.5 .029 Michigan Desegregate Charter 36.6 .157 Pennsylvania Desegregate Charter 42.2 .134 Colorado Desegregate Traditional 7.4 .030 7.4 South Carolina Reflect Charter 0.9 .001 27.4 North Carolina Reflect; Charter 1.7 .004

desegregate Florida Reflect Charter 4.2 .012 Minnesota Reflect Charter 32.2 .098 Wisconsin Reflect Charter 37.8 .136 Ohio Reflect Charter 46.3 .152 Missouri Reflect Charter 68.9 .170 California Reflect Traditional 6.3 .021 9.2 Kansas Reflect Traditional 10.4 .016 Nevada Reflect Traditional 10.9 .019 Connecticut Promote Charter 42.4 .057 45.9

diversity New Jersey Promote Charter 49.3 .095

diversity Hawaii Promote Traditional 9.5 .031 9.5

diversity

Note: Desegregate = statutes that specified that charter schools must comply with any deseg- regation decrees; reflect = statutes that specified that charter schools must reflect the racial balance of their districts or communities; promote diversity = statutes aimed at promoting diversity or combating racial isolation.

autonomous than traditional public schools, charter schools must follow some of the same legal requirements as public schools when admitting students.

Minow (1999) cautioned that charter schools need to be carefully evaluated to ensure that they comply with civil rights laws. Specifically, like traditional public schools, charter schools receive federal funding and must comply with constitutional requirements under the Fourteenth Amendment’s equal protec- tion clause. Under the Fourteenth Amendment, “no State shall make or enforce any law which shall deny to any person within its jurisdiction the equal protec- tion of the laws.” The equal protection clause has been interpreted to mean that similar individuals should generally be dealt with in a similar manner by the government (Nowak, Rotunda, & Young, 1995). The Fourteenth Amendment has been an issue when public schools have considered race in admitting students (Eckes, 2003). Title VI of the Civil Rights Act of 1964 is also often at issue, because it prohibits discrimination on the basis of race, color, or national origin for any program or activity receiving federal funds.

The courts have become involved in some cases in which states have enacted legislation to avoid racial segregation in charter schools. Litigation arose in instances in which charter schools did not follow these state statu- tory requirements (see Beaufort County Board of Education v. Lighthouse Charter School Committee, 1999) and where the constitutionality of statu- tory requirements was questioned (see Villanueva v. Carere, 1996).

Litigation Involving Race and Charter Schools

South Carolina has had litigation about the statutory language of a char- ter school statute. In this case, a charter school’s application was denied by a local school board because the application did not properly discuss the state’s racial composition requirement (S.C. Code Ann. § 59-40-50[B][6], 1996/2002), among other reasons. The racial composition law required that a charter school’s enrollment cannot deviate more than 10% from the racial composition of its school district. This legislation was passed based on fear that charter schools might become White enclaves (Martin, 2004).

A circuit court and the Supreme Court of South Carolina reasoned that the charter school had not properly addressed the law’s racial composition requirement (Beaufort County Board of Education v. Lighthouse Charter School Committee, 1999). The attorney general of South Carolina inter- vened in the case and questioned the constitutionality of the racial compo- sition law. On remand, the racial composition law was held to be unconstitutional. However, during these proceedings, the racial composi- tion law was amended. Specifically, the amended version stated,

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In the event that the racial composition of an applicant’s or charter school’s enrollment differs from the enrollment of the local school district or the targeted student population by more than twenty percent, despite its best efforts, the local school district board shall consider the applicant’s or the charter school’s recruitment efforts and racial composition of the applicant pool in determin- ing whether the applicant or charter school is operating in a nondiscrimina- tory manner. (S.C. Code Ann. § 59-40-70[D], 1996/2002)

In 2003, the Supreme Court of South Carolina reasoned the amended law “changed the character of the racial composition requirement by inject- ing a fact-based determination regarding discrimination rather than man- dating a straightforward racial quota” (Beaufort County Board of Education v. Lighthouse Charter School Committee, 2003, p. 182). As such, the issue was considered moot on appeal.

Charter school legislation has also been involved in lawsuits regarding student admissions in which individuals alleged that the charter school laws violated the equal protection clause of the Fourteenth Amendment (Green, 2005; Villanueva v. Carere, 1996). For example, parents in Colorado chal- lenged a provision in the Colorado Charter Schools Act (CCSA) because 13 of its charters were to be reserved for the education of at-risk students (Colo. Rev. Stat. § 22-30.5-109[2][a], 1998; Green, 2005). The CCSA defined an at-risk pupil as “a pupil who, because of physical, emotional, socioeconomic, or cultural factors, is less likely to succeed in a conventional educational environment” (Colo. Rev. Stat. § 22-30.5-103[1][a], 1998). Relying on the statute, the school district sought to ensure geographic and ethnic diversity (Villanueva v. Carere, 1996). The parents claimed that by targeting at-risk students, the charters were creating race-based classifica- tions, which are arguably unconstitutional under the Fourteenth Amendment. Specifically, the parents contended that the word cultural within the at-risk definition was a code word for “ethnic minority.” The court upheld the Colorado legislature’s intent of the CCSA to educate all children within Colorado’s public education system (Villanueva v. Carere, 1996). This rul- ing applies only to the Tenth Circuit; however, charter school legislation in other states often emphasizes recruiting students from at-risk populations as well.

Additional challenges against charter school admissions policies may arise in the future. The constitutionality of admissions policies in K-12 schools has been challenged in non-charter-school cases (Brewer v. West Irondequoit Central School District, 2000; Comfort v. Lynn School Committee, 2003; Eisenberg v. Montgomery County Public Schools, 1999/2000; Ho v.

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San Francisco Unified School District, 1998; Hunter ex. Rel. Brandt v. Regents of the University of California, 1999; Tuttle v. Arlington County School Board, 1999/2000; Wessman v. Gittens, 1998). Additionally, as a result of Grutter v. Bollinger (2003) and Gratz v. Bollinger (2003), race can be considered in university admissions, and some have argued that these decisions could extend to K-12 admissions (Eckes, 2003; Reaffirming Diversity, 2003). It remains unclear how the Supreme Court will interpret the above cases to address the consideration of race in charter school admissions.

Discussion

As the results from the CCD show, 66% of the 32 states with more than 1,000 students in charter schools in 2002-2003 enrolled greater percentages of minority students in charter schools than in traditional public schools and therefore were, at least on the statewide aggregate, more racially segre- gated. These data help dispel the myth that White students are fleeing to charter schools. Although it is true that charter schools have the opportunity to be more racially integrated, this has not been the case. It appears that the greater flexibility in being able to recruit across traditional school district boundary lines to obtain more diverse student bodies may not be taking place. Such segregation is detrimental to the education of both Whites and minorities alike (Frankenberg & Lee, 2003).

Data also suggest that state statutory admissions and enrollment plans may not be being enforced. As noted, 19 states currently have statutory language regarding the racial and ethnic composition of student bodies (Frankenberg & Lee, 2003). An analysis of the content of state statutory language did not reveal a pattern of relationship with racial composition of charter schools. Therefore, the results indicate that the statutory language needs to be reinforced. Because of the possible constitutional challenges of admissions and enrollment policies in public education, it is surprising that there has not been more litigation involving charter schools’ practices. More litigation is likely, however, if charter schools fail to comply with state statutory language.

Although statutory language was not found to directly affect the racial composition of charter schools, this language is influential because of its interaction with individual state climates and factors. For example, the issue of enforcement may lead to differences in states with similarly worded charter school laws. As Appendix A demonstrates, the racial composition of

Rapp, Eckes / Minority Students in Charter Schools 629

South Carolina’s charter schools was almost identical to that of the state’s traditional public schools, indicating a high level of integration. South Carolina is also one of the only states that has been involved in litigation regarding student admissions language. Indeed, if there are challenges in other states when charter schools fail to comply with state statutory law, charter schools may become more racially integrated.

The scope of this study permitted us to examine 2002-2003 CCD numbers only at the aggregated state level. However, in future studies, it would be helpful to get at the heart of segregation, or “White flight,” by examining the racial composition of schools at the district or community level. A compre- hensive study of all charter schools and their surrounding districts is infeasi- ble, but future studies can examine key charter areas in states with many charter schools or with specific statutory content. For example, 7 of the 10 states with statutes requiring charter schools to reflect the racial composition of their districts or communities enrolled larger percentages of minorities in their charter schools than in their traditional public schools by 27% in 2002- 2003. This is a large discrepancy, from which one can infer racial segrega- tion; however, perhaps at the district level, the individual schools do in fact reflect the surrounding racial composition. Additionally, at the time of this study, the CCD from the 2002-2003 school year was the most recent avail- able; racial composition may have changed for the most recent 2003-2004 CCD statistics and may warrant another investigation.

In addition to the content of statutory language, the specificity of the language can be examined as an independent variable that may affect racial composition at the district level. The full impact of statutory language on racial composition cannot be known without performing a more thorough analysis involving district demographics or individual state circumstances. The present study introduces state statutory language as a dimension in the study of influences on racial composition of charter schools in the hopes of generating countless avenues for future examinations.

Recommendations

As previously acknowledged, charter schools may not be as integrated as traditional public schools for other reasons in addition to state statutory language. Parental choice and desegregation decrees also affect the compo- sition of charter schools’ student bodies. If parental choice rather than state action is directing the segregation, however, the Supreme Court has already

630 Educational Policy

seemed to accept this as a consequence of private decision making (Missouri v. Jenkins III, 1995; Parker, 2001). As noted, since the early 1990s, the Supreme Court has taken a more hands-off approach to segre- gation, if the segregation is a result of private choice. If private choice is to blame, then other, nonlegal alternatives should be considered. However, segregation in charter schools can also be addressed at the statutory level.

We identified 12 states as having weak or no charter school laws regard- ing race. Accordingly, these 12 states should adopt detailed language con- cerning racial and ethnic integration. Additionally, even the states that were identified as having charter laws that address student body composition could improve their statutory language to encourage greater diversity. For instance, the North Carolina statute states,

Within one year after the charter school begins operation, the populations of the school shall reasonably reflect the racial and ethnic composition of the general population that the school seeks to serve residing within the local school administrative unit in which the school is located or the racial and ethnic composition of the special population that the school seeks to serve residing within the local school administrative. (N.C. Code Ann. § 115C-238.29F[5], 2005)

The North Carolina statute should explicitly state that charter schools’ populations should mirror the populations of those residing within their school districts’ boundary lines. Specifically, statutory language that requires charter schools’ student bodies to mirror the student bodies of local public schools should be avoided, because it can lead to increased segregation. Many local public schools are racially segregated because of White flight to private schools and home schooling. Accordingly, if the statute required charter schools to reflect the racial and ethnic composition of the general population of their school districts, there would be greater potential for diversity. In other words, such a requirement would encour- age charter school leaders to recruit students from private schools, home schooling, and racially segregated public schools to reflect the general population rather than the often racially segregated public school popula- tion. Indeed, as the charter school movement continues to grow, the racial composition of charter schools and the relevant legislation and case law should be monitored to ensure that charter schools are offering equal opportunities to all students.

Rapp, Eckes / Minority Students in Charter Schools 631

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634

Appendix B State Statutory Language Regarding Racial

Composition of Charter Schools

Arkansas: Admissions Boundaries: §6-23-103 “may draw from across district lines” Admissions Process: §6-23-306

(6) Prohibit discrimination in admissions policy on the basis of sex, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility, except as follows:

(A) The charter may allow a weighted lottery to be used in the student selection process when necessary to comply with Title VI of the federal Civil Rights Act of 1964, [FN1] Title IX of the federal Education Amendments of 1972, [FN2] the equal protection clause of the Fourteenth Amendment to the United States Constitution, a court order, or a federal or state law requiring desegregation.

Notice of Nondiscrimination: §6-23-306

Prohibit discrimination in admissions policy on the basis of sex, national origin, race, ethnicity, religion, disability, or academic or athletic eligibility.

Arizona: Admissions Boundaries: A.R.S. s 15-183 Text D. A charter school shall admit pupils who reside in the atten- dance area of a school or who reside in a school district that is under a court order of desegregation or that is a party to an agreement with the United States depart- ment of education office for civil rights directed toward remediating alleged or proven racial unless notice is received from the resident charter school that the admission would violate the court order or agreement. If a charter school admits a pupil after notice is received that the admission would constitute such a violation, the charter school is not allowed to include in its student count the pupils wrong- fully admitted.

Admissions Process: A.R.S. s 15-183 S 15-184. Charter Schools; admission requirements

Text A. A charter school shall enroll all eligible pupils who submit a timely appli- cation, unless the number of applications exceeds the capacity of a program, class, grade level or building. A charter school shall give enrollment preference to pupils returning to the charter school in the second or any subsequent year of its operation and to siblings of pupils already in enrolled in the charter school. A charter school that is sponsored by a school district governing board shall give enrollment prefer- ence to eligible pupils who reside within the boundaries or the school district where the charter school is physically located. If capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall select pupils through an equitable selection process such as a lottery except that preference shall be given to siblings of a pupil selected through an equitable selection process such as a lottery.

Rapp, Eckes / Minority Students in Charter Schools 635

Notice of Nondiscrimination: A.R.S. s 15-183 S 15-184

Text B. Except as provided in subsection C, a charter school shall not limit admis- sion based on ethnicity, national origin, gender, income level, disabling condition, proficiency in the English language or athletic ability.

Alaska: Admissions Boundaries: not mentioned Admissions Process: AK ST S 14. 03.265 Sec. 14.03.265 Admission. (b) A charter school shall enroll all eligible students who submit a timely applica- tion, unless the number of those applications exceeds the capacity of the program, class, grade level, or building. In the event of an excess of those applications, the charter school and the local school board shall attempt to accommodate all of those applicants by considering providing additional classroom space and assigning addi- tional teachers from the district to the charter school. If it is not possible to accom- modate all eligible students who submit a timely application, students shall be accepted by random drawing. A school board may not require a student to attend a charter school.

Notice of Nondiscrimination: (c) In addition to other requirements of law, a char- ter school shall be nonsectarian.

Other Relevant Language: AK ST S 14. 03.265

Sec. 14.03.265 Admission.

(a) The program of a charter school may be designed to serve (1) students within an age group or grade level; (2) students who will benefit from a particular teaching method or curriculum; or (3) nonresident students, including providing domiciliary services who need those services, if approved by the board.

California: Admissions Boundaries: §47605.3 Notwithstanding subdivision (d) of Section 47605, a charter school with a schoolsite physically located in the attendance area of a public elementary school in which 50 percent or more of the pupil enrollment is eligible for free or reduced price meals may give a preference in admissions to pupils who are currently enrolled in that public school and to pupils who reside in the elementary school attendance area where the charter school is located.

Admissions Boundaries: §47605 P. (d) (2)

admission to a charter school shall not be determined according to the place of res- idence of the pupil, or of his or her parent or guardian, within this state. , if the number of pupils who wish to attend the charter school exceeds the school’s capac- ity, attendance, except for the existing pupils of the charter school, shall be deter- mined by a public random drawing. Preference shall be extended to pupils currently attending the charter school and pupils who reside in the county except as provided for in Section 47614.5.

636 Educational Policy

Notice of Nondiscrimination: §47605 P. (d) (1) a charter school shall be nonsectarian in its programs, admission policies, employ- ment practices, and all other operations, shall not charge tuition, and shall not dis- criminate against any pupil on the basis of ethnicity, national origin, gender, or disability.

Colorado: Admissions Boundaries: 22-30.5-104 Charter school—requirements—authority. 3. A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services. A charter school shall be subject to any court-ordered desegregation plan in effect for the chartering school district. Enrollment in a charter school must be open to any child who resides within the school district; except that no charter school shall be required to make alteration in the structure of the facility used by the charter school or to make alterations to the arrangement or function of rooms within the facility, except as may be required by state or federal law. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school application in the charter school application.

Connecticut: Admissions Boundaries: §10-226h Programs and Methods to reduce racial, ethnic, and economic isolation.

(a) Each local and regional board of education shall report by July 1, 2000 and bien- nially thereafter, to the regional educational service center for its area on the programs and activities undertaken in the school district to reduce racial, ethnic, and economic isolation, including (1) information on the number and duration of such programs and activities and the number of students and staff involved and (2) evi- dence of the progress over time in the reduction of racial, ethnic and economic isolation.

Delaware: Admissions Boundaries: (c) Effective March 1,2002, and each succeeding year thereafter, charter schools shall have enrolled, at a minimum, 80% of the total authorized number of students and have notified each of the school districts with the number of students and residency information. Charter schools shall have on file at the school a written statement signed by the parent or guardian of the enrolled student confirming:

Admissions Process: DE ST TI 14 S 506 A charter school shall not:

(3) Restrict student admissions except : a. By age and grade; b. By lottery in the case of over-enrollment;

Rapp, Eckes / Minority Students in Charter Schools 637

(4) Discriminate against any student in the admissions process because of race, creed, color, sex, handicap, or national origin, or because the student’s school dis- trict of residence has a per student local expenditure lower than another student seeking admission; or (5) Be formed to circumvent a court-ordered desegregation plan.

(b) Preferences in student admissions may be given to:

(1) Siblings of students enrolled at the school; (2) Students attending an existing public school converted to a charter school status. Parents of students at a school converted to charter status shall be provided with a plan the district will use to address the educational needs of students who will not be attending the charter school; (3) Students enrolling in a new (non-converted) charter school may be given pref- erence under the following circumstances as long as the school has described its preferences in the school’s charter:

a. Students residing within a 5-mile radius of the school; b. Students residing within the regular school district in which the school is located; c. Students who have a specific interest in the school’s teaching methods, phi- losophy, or educational focus; d. Students who are at risk of academic failure; e. Children of persons employed on a permanent basis for at least 30.0 hours per week during the school year by the charter school.

(4). Children of a school’s founders, so long as they constitute no more than 5% of the school’s total population. For the purposes of this paragraph “founder “ shall not include anyone whose sole significant contribution to the school was monetary, but otherwise shall be determined by the founding Board of Directors subject to the Department of Education regulations.

District of Columbia: Admissions Boundaries: Admissions Process: §38-1802.06 (c) Random selection—If there are more appli- cations to enroll in a public charter school from students who are residents of DC than there are spaces available, students shall be admitted using a random selection process, except that a preference may be given to an applicant who is a sibling of a student already attending or selected for admission to the public charter school in which the applicant is seeking enrollment.

Notice of Nondiscrimination: §38-1802.06 (a) A public charter school may not limit enrollment on the basis of student’s race, color, religion, national origin, lan- guage spoken, intellectual or athletic ability, measures of achievement or aptitude, or status as a student with special needs. A public charter school may limit enroll- ment to specific grade levels.

Other relevant language: §38-1851.07 Nondiscrimination. (a) In general—An eligible entity or a school participating in any program under this chapter shall not discriminate against program participants or applicants on the basis of race, color, national origin, religion, or sex.

638 Educational Policy

(b) Applicability and single sex schools, classes, or activities.— (1) In general, Notwithstanding any other provision of law, the prohibition of sex discrimination in subsection (a) of this section shall not apply to a partici- pating school that is operated by , supervised by, controlled by, or connected to a religious organization to the extent that the application of subsection (a) of this section is inconsistent with the religious tenets or beliefs of the school. (2) Single sex schools, classes, or activities.—Notwithstanding subsection (a) of this section, a parent may choose and a school may offer a single sex school, class or activity.

Florida: Admissions Boundaries: Title XLVIII. K-20 Education Code Chapter 1002. Student and Parental Rights and Educational Choices Part III. Educational Choice. 1002.33. Charter Schools (b) A charter school shall admit students as provided in subsection (10).

(10) Eligible students.— (a) A charter school shall be open to any student covered in an inter-district agree- ment or residing in the school district where the charter school is located; however, in the case of a charter lab school, the charter lab school shall be open to any student eligible to attend the lab school as provided in s. 1002.32 or who resides in the school district in which the charter lab school is located. Any eligible student shall be allowed inter-district transfer to attend charter school when based on a good cause.

Admissions Process: (b) The charter school shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capac- ity of a program, class, grade level or building. In such case, all applications shall have an equal chance of being admitted through a random selection process. (c) When a public school converts to charter status, enrollment preferences shall be given to students who otherwise attended that public school. (d) A charter school may give enrollment preference to the following student popu- lations:

1. Students who are siblings of a student enrolled in the charter school. 2. Students who are the children of the governing board of the charter school. 3. Students who are the children of an employee of the charter school.

(e) A charter school may limit the enrollment process only to target the following student populations.

1. Students within specific age groups or grade levels. 2. Students considered at risk of academic failure or dropping out of school. Such students shall include exceptional education students. 3. Students enrolling in a charter-school-in-the-workplace or charter school-in- a-municipally established pursuant to subsection (15). 4. Students residing within a reasonable distance of the charter school, as described in paragraph (20)(c). Such students shall be subject to a random lottery

Rapp, Eckes / Minority Students in Charter Schools 639

and to the racial/ethnic provisions described in subparagraph (7)(a)8. or any federal provisions that require a school to achieve a racial/ethnic balance reflec- tive of the community it serves or within the racial/ethnic range of other public schools in the same district. 5. Students who meet reasonable academic, artistic, or other eligibility standards established by the charter school and included in the charter school application and charter, or in the case of existing charter schools, standards that are consis- tent with the school’s mission or purpose. Such standards shall be in accordance with current state law and practice in public schools and may not discriminate against otherwise qualified individuals. 6. Students articulating from one charter school to another pursuant to an artic- ulation agreement between the charter schools that has been approved by the sponsor.

(f) Students with handicapping conditions and students served in English for Speakers of Other Languages programs shall have an equal opportunity for being selected in a charter school.

Georgia: (1) Admissions Boundaries: §20-2-2066. A student who resides outside the school system in which the local charter school is located may not enroll in that local char- ter school except pursuant to a contractual agreement between the local boards of the school system in which the student resides and the school system in which the local charter school is located. Unless otherwise provided in such contractual agree- ment, a local charter school may given enrollment preference to a sibling of a non- resident students currently enrolled in the local charter school.

(a) A state chartered special school shall enroll any student who resides in the atten- dance zone specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level or building. The period of time during which an application for enrollment may be submitted shall be specified in the char- ter. In such case, all such applicants shall have an equal chance of being admitted through a random selection process unless otherwise prohibited by law; provided however, that state chartered special school may give enrollment preference to a child of a full-time teacher, professional or other employee of the state chartered special school as provided for in subsection (b) of Code Section 20-2-293 or to a sibling of a student currently enrolled in the state chartered special school.

Admissions Process: 20-2-2066. Admission and enrollment of students. (b) A local charter school shall enroll students in the following manner:

A local charter school shall enroll any student who resides in the school system in which the local chapter is located and who submits a timely application as specified in the charter unless the number of applications exceeds the capacity of a program, class, grade level, or bldg. In such cases, all such applications shall have an equal chance of being admitted through a random selection process unless otherwise pro- hibited by law; provided, however that a local charter school shall give enrollment

640 Educational Policy

preference to such students who reside in the attendance zone specified in the char- ter and may give enrollment preference to a sibling of a resident student currently enrolled in the local charter school.

Notice of Nondiscrimination: A charter school shall not discriminate on any basis that would be illegal if used by a school system.

Idaho: Admissions Boundaries: 33-5206 . . . Admission to a public charter school shall not be determined according to place of residence of the student, or of the student’s parent or guardian within the district, except that a new or conversion public char- ter school established under the provisions of this chapter shall adopt and maintain a policy giving admissions preference to students who reside within the attendance area of that public charter school.

Admissions Process: ID St S 33-5205 (i) Admissions procedures, including provision for over-enrollment. Such admis- sion procedures shall provide that initial admission procedures for a new public charter school including provision for over-enrollment, will be determined by lot- tery or other random method, except as otherwise provided herein, If initial capac- ity is insufficient to enroll all pupils who submitted a timely application, then the admission procedure may provide that preference shall be given in the following order: first, to children of founders, provided that this admission preference shall be limited to not more than ten percent of the capacity of the public charter school; sec- ond to siblings of pupils already selected by the lottery or other random method; and third, an equitable selection process such as by lottery or other random method. If capacity is insufficient to enroll all pupils for subsequent school terms, who submit a timely application, the admission procedures may provide that preference shall be given in the following order: first, to children of founders, provided that this admis- sion preference shall be limited to not more than ten percent of the capacity of the public charter school; second to siblings of pupils already selected by the lottery or other random method; and third, an equitable selection process such as by lottery or other random method. There shall be no carryover from year to year of the list main- tained to fill vacancies. A new lottery shall be conducted each year to fill vacancies which become available.

Illinois: Admissions Boundaries: §27A-4 (d) Enrollment in a charter school shall be open to any pupil who resides within the geographic boundaries of the area served by the local school board.

Admissions Process: §27A-4 (h) If there are more eligible applicants for enroll- ment in a charter school than there are spaces available, successful applications shall be selected by lottery. However, priority shall be given to siblings of pupils enrolled in the charter school and to pupils who were enrolled in the charter school the previous year, unless expelled for cause . . . and priority may be given to

Rapp, Eckes / Minority Students in Charter Schools 641

pupils within the charter school’s attendance boundary, if a boundary has been des- ignated by the board of education in a city having a population exceeding 500,000.

Notice of Nondiscrimination: §27A-4. The General Assembly does not intend to alter or amend the provisions of any court-ordered desegregation plan in effect for any school district. A charter school shall be subject to all federal and State laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, marital status, or need for special education services.

Indiana: Admissions Boundaries: n/a Admissions Process: 20.5.5-5-4 Limits on attendance Sec. 4 (a) Except as provided in subsections (b), (c), and (d), a charter school must enroll any eligible student who submits a timely application for enrollment. (b) This subsection applies if the number of applications for a program, class, grade level, or building exceeds the capacity of the program, class, grade level, or build- ing. If a charter school receives a greater number of applications than there are spaces, each timely applicant must be given an equal chance of admission. (c) A charter school may limit new admissions to the charter school to:

(1) ensure that a student who attends the charter school during a school year may continue to attend the charter school in subsequent years; and (2) allow the siblings of a student who attends a charter school to attend the charter school.

Notice of Nondiscrimination: 20-5-.5-2-2 Discrimination prohibited.

Sec. 2. A charter school is subject to all federal and state laws and constitutional provisions that prohibit discrimination on the basis of the following: (1) Disability (2) Race (3) Color (4) Gender (5) National Origin (7) Religion (8) Ancestry

Kansas: KS ST S 72-1906 (8) criteria for admission of pupils, including a description of the lottery method to be used if too many pupils seek enrollment in the school.

Louisiana: Title 17, Ch. 42, Part I. Section 3991.

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Admissions Boundaries: B. (1) (a)(i) That for type 1 and type 2 charter schools created as new schools, the percentage of the total number of pupils enrolled in the charter school based on the October first pupil membership who are at risk, in the manner provided in R.S. 17:39:3973(1)(a), shall be equal to not less than eighty-five percent of the average percentage of pupils enrolled in the local public school districts from which the charter school enrolls its students who are eligible to participate in the federal free and reduced lunch program. The remaining number of pupils enrolled in the char- ter school which would be required to have the same percentage of at-risk pupils as the percentage of pupils in the district who are eligible to participate in the federal free and reduced lunch program may be comprised of students who are at-risk as otherwise provided in R.S. 17:3973(1).

Section 3991. B. (ii) for type 2, type 3, and type 4 charter schools in any parish hav- ing a population of between twenty thousand five hundred and twenty-one thousand persons according to the most recent federal decennial census, the percentage of the total number of pupils enrolled in the charter school based on the October first pupil membership who are at risk, in the manner provided in R.S. 17:3973(1)(a), shall be, as near as practicable, not more than the percentage of the total number of pupils enrolled in the public elementary and secondary schools and in the state-approved nonpublic elementary and secondary schools located in the local public school dis- trict in which the charter school is located who are eligible to participate in the fed- eral free and reduced lunch program. However, in no case shall the initial enrollment of such a school nor the cohort of students enrolled for each new school year have, as near as practicable, fewer than fifty percent students who are at risk in the manner provided in R.S. 17:3973(1)(a).

Notice of Nondiscrimination: 3. Admission requirements, if any, that are consistent with the school’s role, scope, and mission may be established. Such admission requirements shall be specific and shall include a system for admission decisions which precludes exclusion of pupils based on race, religion, gender, ethnicity, national origin, intelligence level as ascer- tained by an intelligence quotient examination or identification as a child with an exceptionality as defined in R.S. 17:19:1943(4). Such admission requirement may include, however, specific requirements related to a school’s mission such as audi- tions for schools with a performing arts mission or achievement of a certain acade- mic record for schools with a college preparatory mission. No local board shall assign any pupil to attend a charter school. 4. A description of the jurisdiction within which a pupil shall reside or otherwise be eligible to attend a public school in order to be eligible for admission.

C. A charter school shall: (1)(a) Enroll an eligible pupil who is eligible under the residency requirements established in the charter as required in Paragraph B(4) of this section and who sub- mits a timely application unless the total number of eligible applicants exceeds the capacity of a program, class, grade level, or school;

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(b) An application shall be timely if it submitted within the period designated by the charter school, which period shall not be less than one month nor more than three months. There shall be an established application period for each succes- sive school year. (c)(i) Except as provided in Items (ii) and (iii) of this Subparagraph, the charter school shall admit no pupil during the application period, but shall wait until the period has ended. If fewer eligible pupils have applied than is the maximum the school can admit, then all eligible pupils shall be admitted and additional pupils may apply and be admitted for the school year to which the application period applies until the maximum number is admitted, except as is necessary to meet the requirements of Paragraph B(1) of this Section. If the total number of eligible applicants exceeds the capacity of a program, class, grade level, or school, admis- sion to the program, class, grade level or school shall be based on an admissions lottery conducted from among the total number of eligible applicants done in such a fashion as to assure compliance with Paragraph B(1) of this section.

(ii) In the case of the creation of a charter by the conversion of a preexisting school, pupils enrolled in the preexisting school shall be given preference over all other applicants and the applications procedure shall be established in a fashion that provides amply opportunity for such pupils to exercise the right for preferential admission. (iii) For the second year of operation and thereafter, a charter school may modify its enrollment procedures in order to give preference to students pre- viously enrolled in the school and their siblings as long as there is compli- ance with the provisions of Paragraph B(1) of this Section.

(5) Be nonsectarian in its programs, admissions policies, and employment practices. Section 3996.

C. A charter school established and operated in accordance with the provisions of this Chapter shall comply with state and federal laws and regulation otherwise applicable to public schools with respect to civil rights and individuals with dis- abilities. Any Type 2 or Type 5 charter school shall be considered the local education agency for the purposes of any special education funding or statutory definitions, while the local school board shall remain the local education agency for any Type 1, 3, of 4 charter school.

Maryland: Section 9-101. Notice of Nondiscrimination: In this title, “public charter school” means a public school that: (1) Is nonsectarian in all its programs, policies and operations; (3) Is open to all students on a space-available basis and admits students on a lottery basis if more student apply than can be accommodated; (7) Is tuition-free; (8) Is subject to all federal and state laws prohibiting discrimination;

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Massachusetts: M.G.L.A. Section 89 Admissions Boundaries: (m) Preference for enrollment in a commonwealth charter school shall be given to students who reside in the city or town in which the charter school is located. Priority for enrollment in a Horace Mann charter school shall be given first to students actually enrolled in said school on the date that the application is filed with the board of education and to their siblings; second to other students actually enrolled in the public schools of the district where the Horace Mann charter school is to be located and third, to other resident students.

(n) If the total number of students who are eligible to attend and apply to a charter school and who reside in the city or town in which the charter school is located, or are siblings of students already attending said charter school is greater than the number of spaces available, then an admissions lottery, including all eligible students apply- ing, shall be held to fill all of the spaces in that town from among said students. If there are more spaces available than eligible applicants from the city or town in which said charter school is located and who are siblings of current students and more eligible applicants than spaces left available, then a lottery shall be held to determine which of said applicants shall be admitted; provided, however, than any lottery conducted for Horace Mann charter schools shall reflect the enrollment priorities of this section. Notwithstanding the provisions of this subsection, upon application by the board of trustees a charter school or by the persons or entities seeking to establish a charter school, the board of education may amend or grant a charter designating such school a regional charter school, provided, however, that such regional charter school shall be exempt from the local preference provision of this paragraph; provided further, that such regional charter school shall continue to grant a preference of siblings of cur- rently enrolled students; and provided further than if the number of applicants remain- ing is greater than the number of spaces available, such regional charter shall conduct a single lottery to determine which applicants shall be admitted. There shall be no tuition charge for students attending charter schools.

Notice of Nondiscrimination: (k)(1) Charter schools shall be open to all students, on a space-available basis, and shall not discriminate on the basis of race, color, national origin, creed, sex, ethnicity, sexual orientation, mental or physical disability, age, ancestry, athletic performance, special need, or proficiency in the English language or a foreign language and academic achieve- ment. Charter schools may limit enrollment to specific grade levels and may structure curriculum around particular areas of focus such a s mathematics, science, or the arts.

Michigan: 380.504 Admission Boundaries: (3) Except for a foreign exchange student who is not a United States citizen, a public school academy shall not enroll a pupil who is not a resident of this state.

Rapp, Eckes / Minority Students in Charter Schools 645

Enrollment in the public school academy may be open to all individuals who reside in this state who meet the admission policy and shall be open to all pupils who reside within the geographic boundaries, if any, of the authorizing body as described in Section 502(2)(a) to (c) who meet the admission policy except that admission to a public school academy authorized by the board of a community college to oper- ate, or operated by the board of a community college, on the grounds of a federal military installation, as described in section 502(2)(c), shall be open to all pupils who reside in the county in which the federal military installation is located. For a public school academy authorized by a state public university, enrollment shall be open to all pupils who reside in this state who meet the admission policy. If there are more applications to enroll in the public school academy than there are spaces available, pupils shall be selected to attend using a random selection process. However, a public school academy may give enrollment priority to a sibling of a pupil enrolled in the public school academy. A public school academy shall allow any pupil who was enrolled in the public school academy in the immediately pre- ceding school year to enroll in the public school academy in the appropriate grade unless the appropriate grade is not offered at that public school academy.

Notice of Nondiscrimination: (2) A public school academy shall not charge tuition and shall not discriminate in its pupil admissions policies or practices on the basis of intellectual or athletic abil- ity, measures of achievement or aptitude, status as a handicapped person, or any other basis that would be illegal if used by a school district. However, a public school academy may limit admission to pupils who are within a particular range of age or grade level or any other basis that would be legal if used by a school district.

Minnesota: MN STS 124 D.10 Admissions Boundaries: Subd. 9 Admissions requirements. A charter school may limit admission to: (1) pupils within an age group or grade level; (2) people who are eligible to participate in the graduation incentives program under section 124D. 68; or (3) residents of a specific geographic area where the percentage of the population of non-Caucasian people of that area is greater than the percentage of the non- Caucasian population in the congressional district in which the geographic area is located, and as long as the school reflects the racial and ethnic diversity of the spe- cific area.

A charter school shall enroll any eligible pupil who submits a timely application, unless the number of applications exceeds the capacity of a program, class, grade level, or building. In this case, pupils must be accepted by lot. If a charter school is the only school in a town serving pupils within a particular grade level, then pupils that are residents of the town must be given preference for enrollment before accepting

646 Educational Policy

pupils by lot. If a pupil lives within two miles of a charter school and the next closest public school is more than five miles away, the charter school must give those pupils preference for enrollment before accepting other pupils by lot.

Notice of Nondiscrimination: Subd. 8 (c) A charter school shall be nonsectarian in its programs, admissions policies, employment practices and all other operations.

A charter school shall give preference for enrollment to a sibling of an enrolled pupil and to a foster child of that pupil’s parents before accepting other pupils by lot.

A charter school may not limit admission to pupils on the basis of intellectual abil- ity, measures of achievement or aptitude, or athletic ability.

Mississippi: MS ST S 37-28-9 Notice of Nondiscrimination: (f) A provision that no person shall be denied admission to the charter school on the basis of race, color, creed, or national origin.

Missouri: Admissions Boundaries: 160.410. 1. A charter school shall enroll all pupils resident in the district in which it operates or eligible to attend a district’s school under an urban voluntary transfer program who submit a timely application, unless the number of applications exceeds the capacity of a program, class, grade level or building. If capacity is insufficient to enroll all pupils who submit a timely application, the charter school shall have an admissions process that assures all applicants an equal chance of gaining admission except that: (1). A charter school may establish a geographical area around the school whose residents will receive a preference for enrolling in the school, provided that such preferences do not result in the establishment of racially or socio-economically iso- lated schools and provided such preferences conform to policies and guidelines established by the state board of education;

Notice of Nondiscrimination: 160.405. 5. (1) A charter school shall, as provided in its charter, be nonsectarian in its programs, admissions policies, employment practices, and all other operations. (2) A charter school may also give a preference for admission of children whose sib- lings attend the school or whose parents are employed at the school. 2. A charter school shall not limit admission based on race, ethnicity, national ori- gin, disability, gender, income level, proficiency in the English language or athletic ability, but may limit admission to pupils within a given age group or grade level.

Rapp, Eckes / Minority Students in Charter Schools 647

Nevada: N.R.S. 386.550 1. A charter school shall: (a) Comply with all laws and regulations relating to discrimination and civil rights. (b) Remain nonsectarian, including, without limitation, in its educational programs, policies for admission and employment practices. (c) Refrain from charging tuition, levying taxes or issuing bonds. (d) Comply with any plan for desegregation ordered by a court that is in effect in the school district in which the charter school is located.

N.R.S. 386.580 1. An application for enrollment in a charter school may be submitted to the govern- ing body of the charter school by the parent or legal guardian of any child who resides in this state. Except as otherwise provided in this subsection, a charter school shall enroll pupils who are eligible for enrollment in the order in which the applica- tions are received. If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located. If more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll on the basis of a lottery system. 2. Except as otherwise provided in subsection 6, a charter school shall not accept application for enrollment in the charter school or otherwise discriminate based on the: race, gender, religion, ethnicity or disability of a pupil. 3. If the governing body of a charter school determines that the charter school is unable to provide an appropriate special education program and related services for a particular disability of a pupil who is enrolled in the charter school, the governing body may request that the board of trustees of the school district of the country in which the pupil resides transfer that pupil to an appropriate school.

New Hampshire: Admissions Boundaries: N.H. Rev. Stat. 194-B:2 IV. A school district may predetermine the number of pupils residing outside an open enrollment’s school district or attendance area it deems appropriate to accept. VII. There shall be no application fee for pupil admission to any charter school or open enrollment school. VIII. A pupil who meets the admission requirements of open enrollment or charter school, and who is a resident of the district where the school is located, shall be given absolute admission preference over a nonresident pupil. Once admitted and unless expelled, open enrollment and charter school pupils need not apply for admission for subsequent years.

648 Educational Policy

Notice of Nondiscrimination: 194—B:8 I. A charter school shall not discriminate nor violate individual civil rights in any manner prohibited by law. A charter school shall not discriminate against any edu- cationally disabled pupil. 194-B:9

(1)(a) Charter schools may set maximum enrollment as they deem appropriate. (b) Charter schools may limit enrollment to specific grade or age levels, pupil needs, or areas of academic focus including but not limited to, at-risk pupils, vocational education pupils, mathematics, science, the arts, history, or languages. (c) (1) Charter schools may select pupils on the basis of aptitude, academic achievement, or need, provided such selection is directly related to the acad- emic goals of the school.

(2) If the number of otherwise eligible applicants to charter or open enrollment school exceeds that school’s maximum published enrollment, that school shall use lottery selection as a basis for admission. (3) If the number of otherwise eligible applicants to charter or open enrollment schools located inside and outside the school district exceeds that districts published maximum percentage of pupils authorized to attend such schools, the district shall use lottery selection as a basis for pupil eligibility, and in accordance with RSA 194-B:2. VIII.

IV. For the purpose of this chapter, any resident pupil enrolled in a charter school is to be considered reassigned to the charter school for purposes of school attendance. 194-B:11 I. There shall be no tuition charge for any pupil attending an open enrollment or charter conversion school located in that pupil’s resident district. V. (c) A charter school, other than a charter conversion school, shall accept an oth- erwise eligible out-of-district pupil regardless of that pupil’s sending district’s tuition amount.

New Jersey: Admissions Boundaries: 18A:36A-8 Enrollment preferences; residence in the district

Admissions Boundaries: 18A:36A-8 a. Preferences for enrollment in a charter school shall be given to students who reside in the school district in which the char- ter school is located. If there are more applications to enroll in the charter school than there are spaces available, the charter school shall select students to attend using a random selection process. A charter school shall not charge tuition to students who reside in the district. b. A charter school shall allow any student who was enrolled in the school in the immediately preceding school year to enroll in the appropriate grade unless the appropriate grade is not offered at the charter school.

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c. A charter school may give enrollment priorities to a sibling of a student enrolled in the charter school. d. If available space permits, a charter school may enroll non-resident students. The terms and conditions of the enrollment shall be outlined in the school’s charter and approved by the commissioner. e. The admission policy of the charter school shall, to the maximum extent practi- cable, seek the enrollment of a cross-section of the community’s school age popu- lation including racial and academic factors.

Notice of Nondiscrimination: 18A:36A-7 Admissions policies; discriminatory practices prohibited. A charter school shall be open to all students on a space available basis and shall not discriminate in its admission policies or practices on the basis of intellectual or athletic ability, measures of academic achievement or aptitude, status as a handi- capped person, proficiency in the English language, or any other basis that would be illegal if used by a school district; however such a charter school may limit admission to a particular grade level or to areas of concentration of the school, such as mathematics, science, or the arts. A charter school may establish reasonable cri- teria to evaluate prospective students which shall be outlined in the school’s charter.

New Mexico: Admissions Boundaries: s.22-8B-4

Text I. I. Except as otherwise provided in the Public School Code, a charter school shall not charge tuition or have admission requirements.

s. 22-B-4-1.

Text A A. Start-up schools and conversion schools are subject to the following enrollment procedures: (1) (1) a start-up school may either enroll students on a first-come, first-served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the start-up school; and (2) a conversion school shall give enrollment preference to students who are enrolled in the public school at the time it is converted into a charter school and to siblings of students admitted to or attending the charter school. The conversion school may either enroll all other students on a first-come, first served basis or through a lottery selection process if the total number of applicants exceeds the number of spaces available at the conversion school.

Text B. B. In subsequent years of its operation, a charter school shall give enrollment pref- erence to: Text B 1. (1) students who have been admitted to the charter school through an appro- priate admission process and remain in attendance through subsequent grades; and Text B. 2 (2) siblings of students already admitted to or attending the same charter school.

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New York: Ch. 16, Title II, Article 56, section 2854. Notice of Nondiscrimination: 2. Admissions; enrollment; students. (a) A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations and shall not charge tuition or fees; provided that a charter school may require the pay- ment of fees on the same basis and to the same extent as other public schools. A charter school shall not discriminate against any student, employee, or any other person on the basis of ethnicity, national origin, gender, or disability or any other ground that would be unlawful if done by a school. Admission of students shall not be limited on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry; provided however, that nothing in this article shall be construed to prevent the estab- lishment of a single-sex charter school or a charter school designed to provide expanded learning opportunities for students at-risk of academic failure. A charter school shall not be issued to any school that would be wholly or in part under the control of any religious denomination, or in which any denominational tenet or doc- trine would be taught. (b) Any child who is qualified under the laws of this state for admission to a public school is qualified for admission to a charter school. The school shall enroll each eligible student who submits a timely application, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, than an enrollment preference shall be provided to pupils returning to the charter school in the second or any subsequent year of operation and pupils residing in the school district in which the charter school is located, and siblings of pupils already enrolled in the charter school. (c) A charter school shall serve one or more of the grades one through twelve, and shall limit admission to pupils within the grade levels served. Nothing herein shall prohibit a charter school from establishing a kindergarten program. (d) A charter school may refuse admission to any student who has been expelled or suspended from a public school until the period of suspension or expulsion from the public school has expired, consistent with the requirements of due process.

North Carolina: Admissions Boundaries: §115C-238.29F(3) Admission to a charter school shall not be determined according to the school attendance area in which a student resides, except that any local school administrative unit in which a public school converts to a charter school shall give admission preference to students who reside within the former attendance area of that school.

Admissions Process: §115C-238.29F (1) Any child who is qualified under the laws of this state for admission to a public school is qualified for admission to a charter school unit in which the school is located.

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Notice of Nondiscrimination: §115C-238.29F (5) A charter school shall not discriminate against any student on the basis of ethnicity, national origin, gender, or disability. Except as otherwise provided by law or the mission of the school as set out in the charter, the school shall not limit admission to students on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry. The charter school may give enrollment priority to siblings of currently enrolled students who were admitted to the charter school in a previous year and to children of the school’s principal, teachers and teacher assistants. In addition, and only for its first year of operation, the charter school may give enrollment priority children of their initial members of the charter school’s board of directors. . . . Within one year after the charter school begins operation, the populations of the school shall reasonably reflect the racial and ethnic composition of the general population that the school seeks to serve residing within the local school administrative unit in which the school is located or the racial an ethnic composition of the special population that the school seeks to serve residing within the local school adminis- trative ). . . . The school shall be subject to any court-ordered desegregation plan in effect for the local school administrative unit.

Ohio: none

Oklahoma: Title 70. Schools. Admissions Boundaries: §3-140. Student Eligibility—Districts—Preferences— Discrimination.

A. A charter school shall enroll those students whose legal residence is within the boundaries of the school district in which the charter school is located and who sub- mit a timely application or those students who transfer to the district in which the charter school is located in accordance with Section 8-103 of Title 70 of the Ok. Statutes unless the number of applications exceeds the capacity of a program, class, grade level, or building. If capacity is insufficient to enroll al eligible students, the charter school shall select students through a lottery selection process. A charter school shall give enrollment preference to eligible students who reside within the boundaries of the school district in which the charter school is located. A charter school may limit admission to students within a given age group or grade level. B. A charter school shall admit students who reside in the attendance area of a school or in a school district that is under court order of desegregation or that is party to an agreement with the US Department of Education Office for Civil Rights directed towards mediating alleged or proven racial discrimination unless notice is received from the resident school district that admission of the student would vio- late the court order of agreement. C. A charter school may designate a specific geographic area within the school dis- trict in which the charter school is located as an academic enterprise zone and may

652 Educational Policy

limit admissions to students who reside within that area. An academic enterprise zone shall be a geographic area in which 60% or more of the children who reside in the area qualify for the free or reduced lunch school program.

Admissions Process: n/a Notice of Nondiscrimination: D. Except as provided in subsections B and C of this section, a charter school shall not limit admission based on ethnicity, national ori- gin, gender, income level, disabling condition, proficiency in the English language, measures of achievement, aptitude, or athletic ability.

Oregon: Admissions Boundaries: ORS §338.125 Admission and enrollment of students. (1) Student enrollment in a public charter school shall be voluntary. All students who reside within the school district where the public charter school is located are eligible for enrollment at a public charter school. If the number of applications from students who reside within the school district exceeds the capacity of a program, class, grade level or building, the public charter school shall select students through an equitable lottery selection process. However, after a public charter school has been in operation for one or more years, the public charter school may give priority for admission to students; (a) Who were enrolled in the school in the prior year; or (b) Who have siblings who are presently enrolled in the school and who were enrolled in the school in the prior year.

(2) If space is available, a public charter school may admit students who do not reside in the school district in which the charter school is located.

Notice of Nondiscrimination: (3) A public charter school may not limit student admission based on ethnicity, national origin, race, religion, disability, gender, income level, proficiency in English or athletic ability, but may limit admission to students within a given age group or grade level. (4) . . . a public charter school shall not require a student to participate in fund- raising activities as a condition of admission to the public charter school.

Pennsylvania: PA 17-1715-A

Notice of Nondiscrimination: (3) A charter school shall not unlawfully discriminate in admissions, hiring or operations. (4) A charter school shall be nonsectarian in all operations.

Admissions Boundaries: Enrollment: 17-1723A

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(a) All resident children in this Commonwealth qualify for admission to a charter school within the provisions of subsection (b). If more students apply to the charter school that the number of attendee slots available in the school, then students must be selected on a random basis from a pool of qualified applicants meeting the estab- lished eligibility criteria and submitting application by the deadline established by the charter school, except that the charter school may give preference in enrollment to a child of a parent who has actively participated in the development of the char- ter school and to siblings of students presently enrolled in the charter school. First preference shall be given to students who reside in the district or districts. (b1) A charter school shall not discriminate in its admission policies or practices on the basis of intellectual ability, except as provided by paragraph (2) or athletic abil- ity, measures of achievement or aptitude, status as a person with a disability, profi- ciency in English language or any other basis that would be illegal if used by a school district. (2) A charter school may limit admission to a particular grade level, a targeted popu- lation group composed of at-risk students, or areas of concentration of the school such as mathematics, science or the arts. A charter school may establish reasonable criteria to evaluate prospective students which shall be outlined in the school’s charter.

Rhode Island: Admissions Boundaries: 16-77-4 Procedures for creation of charter schools. (10) Describe enrollment procedures including the nondiscriminatory criteria for admission in accordance with applicable state and federal law, along with a program to encourage the enrollment of a diverse student population. The makeup of the charter school must be reflective of the student population of the district, including but not limited to special education children, children at risk, children eligible for free and reduced cost lunch, and limited English proficiency students. No charter shall be authorized for a school with a student population that does not include students eligible for free and reduced cost lunch, and limited English proficiency students and special education students in a combined percentage which is at least equal to the combined percentage of those student populations enrolled in the school district as a whole.

Admissions Process: Notice of Nondiscrimination: 16-77-3 (6)(d) . . . Any charter school authorized by this chapter shall be nonsectarian and nonreligious in its programs, admissions policies, employment practices, and all other operations.

South Carolina: Admissions Boundaries: SC ST S 59-40-50

(B)(7) A charter school must admit all children eligible to attend public school in a school district to a charter school operating in that school district, subject to space

654 Educational Policy

limitation. However, it is required that the racial composition of the charter school enrollment reflect that of the school district or that of the targeted student popula- tion which the charter school proposes to serve, to be defined for the purposes of this chapter as differing by no more than twenty percent from that population. This requirement is also subject to the provisions of Section 59-40-70(D). If the number of applications exceeds the capacity of a program, class, grade level, or building, students must be accepted by lot, and there is no appeal to the sponsor;

(8) not limit or deny admission or show preference in admission decisions to any individual or group of individuals; provided, however, that a charter school may give enrollment priority to a sibling of a pupil already enrolled, children of a charter school employee, and children of the charter committee, provided their enrollment does not constitute more than twenty percent of the enrollment of the charter school.

SC ST S 59-40-145

A child who resides in a school district other than the one where a charter school is located may attend a charter school outside his district residence; however, the receiving charter school shall have authority to grant or deny permission for the student to attend pursuant Sections 59-40-40(2)(b) and 59-40-5-(B)(7) and (8) according to the terms of the charter after in-district have been given priority in enrollment. However, the out-of-district enrollment shall not exceed twenty percent of the total enrollment of the charter school without the approval of the sponsoring district board of trustees.

Notice of Nondiscrimination: SC ST S 59-40-40 (2) (b) A charter school is subject to all federal and state laws and constitutional pro- visions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special services.

Tennessee: Admissions Boundaries: 49-13-113 (a) Participation in a public charter school shall be based on parental choice, or the choice of the legal guardian or custodian. (b) (1) A charter school shall enroll any eligible pupil who submits a timely appli- cation, unless the number of applications exceeds the capacity of a program, class, grade level or building.

(2) (A) If applications exceed the planned capacity of the public charter school, the following preferences shall apply:

(i) Pupils in attendance in the previous year at any public school that converts to become a public charter school; (ii) Pupils attending public schools within the LEA in which the public charter school is located, if those pupils would otherwise be included in the area in which the public charter school will focus;

Rapp, Eckes / Minority Students in Charter Schools 655

(iii) Children residing in the LEA service area in which the public charter school is located but who are not enrolled in public schools if those students would otherwise be included in the area in which the charter school will focus; and (iv) Children residing outside the LEA in which the public charter school is located and whose needs would be included in the area in which the public charter school will focus.

(B) If enrollment within a group of preference set out in subdivision (b) (2) (A) exceeds the planned capacity of the school, enrollment within that group shall be determined on the basis of a lottery. (c) Subject to the requirements of subsections (a) and (b) , preference may be afforded to the siblings of a pupil who is already enrolled and to the children of a teacher, sponsor, or member of the governing body of the char- ter school, not to exceed ten percent of total enrollment or twenty-five students, whichever is less.

Notice of Nondiscrimination: 49-13-111 (5)(b) A public charter school shall be subject to all federal and state laws and con- stitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, national origin, religion, ancestry, or need for special education services. A public charter school shall not violate or be used to subvert any state or federal court orders in place in the local school district.

Texas: Admissions Boundaries: No mention. Admissions Process: §12.117 For admission to an open-enrollment charter school, the governing body of the school shall: (2) on receipt of more acceptable applica- tions for admission under this section than available positions in the school: (A) fill positions by lottery; or (B) subject to subsection (b), fill the available positions in the order in which applications received before the application deadline were received. (b) An open- enrollment charter school may fill positions for admission under Subsection (a) (2) (B) only if the school published a notice of the opportunity to apply for admission to the school.

Notice of Nondiscrimination: §12.059 Each charter granted under this subchapter must: . . . (4) prohibit discrimination in admission on the basis of national origin, ethnicity, race, religion, or disability.

Virginia: Admissions Boundaries: 22.1-212.6 A. Enrollment shall be open to any child who is deemed to reside within the rele- vant school division or in the case of a regional public charter school, within any of the relevant school divisions, as set forth in 22.1-3, through a lottery process on a

656 Educational Policy

space-available basis. A waiting list shall be established if adequate space is not available to accommodate all students whose parents have requested to be entered in the lottery process. Such waiting list shall also be prioritized through a lottery process and parents shall be informed of their student’s position on the waiting list.

Notice of Nondiscrimination: A public charter school shall be subject to all federal and state laws and regulations and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special edu- cation services and shall be subject to any court-ordered desegregation plan in effect for the school division or, in the case of a regional public charter school, any court- ordered desegregation plan in effect for relevant school divisions.

Admissions Process: 22.1-212.8 (6) A description of the lottery process to be used to determine enrollment. A lot- tery process shall also be developed for the establishment of a waiting list for such students for whom space is unavailable and, if appropriate, a tailored admission pol- icy that meets specific mission or focus of the public charter school and is consis- tent with all federal and state laws and regulations and constitutional provisions prohibiting discrimination that are applicable to public schools and with any court- ordered desegregation plan in effect for the school division, or, in the case of a regional public charter school, in effect for any of the relevant school divisions.

Washington: Charter school law repealed in Nov 2004 with Referendum 55.

Wisconsin: Admissions Boundaries: W.S.A. 118.40 (15)(c) (1) Except as provided in subd. 3, only pupils who reside in the school dis- trict in which a charter school established under this subsection is located may attend the charter school. (2) A pupil may attend a charter school established in the school district operating under ch. 119 under this subsection only if one of the following applies, or for the Woodlands School, only if one of subd. 3 applies:

a. In the previous school year, the pupil was enrolled in the school district oper- ating under ch. 119. b. In the previous school year, the pupil was attending a private school under s. 119.23 c. In the previous school year, the pupil was enrolled in grades kindergarten to 3 in a private school located in the city of Milwaukee other than under s. 119.23. d. In the previous school year, the pupil was not enrolled in school. e. In the previous school year, the pupil was enrolled in a charter school under this subsection.

Rapp, Eckes / Minority Students in Charter Schools 657

(4) (1) If the charter school replaces a public school in whole or in part, give pref- erence in admission to any pupil who resides within the attendance area or former attendance area of that public school. 2. Be nonsectarian in its programs, admissions policies, employment practices and all other operations.

(b) Restrictions. A charter school may not do any of the following: 1. Charge tuition.

Notice of Nondiscrimination: 2. Discriminate in admission or deny participation in any program or activity on the basis of a person’s sex, race, religion, national origin, ancestry, pregnancy, marital or parental status, sexual orientation or physical, mental emotional or learning disability.

Wyoming: Notice of Nondiscrimination: S 21-3-304 (a) A charter school shall be a public, nonsectarian, nonreligious, nonhome-based school which operates within a public school district. Tuition shall not be charged by a charter school. (C) A charter school shall be subject to all federal and state laws and constitutional provisions prohibiting discrimination on the basis of disability, race, creed, color, gender, national origin, religion, ancestry, or need for special education services. Enrollment decisions shall be made in a nondiscriminatory manner specified by the charter school applicant in the charter school application. Enrollment decisions shall not discriminate against at-risk students of special program students. (p) Admission to a charter school shall not be determined solely on academic abili- ties or achievements, including minimum test scores or intelligence quotient scores.

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Kelly E. Rapp ([email protected]) is an affiliate of the Center for Evaluation and Education Policy (CEEP) at Indiana University, where she previously worked as a research associate. She is working toward her PhD in educational psychology, with an emphasis on inquiry method- ology. She collaborates as a part of CEEP’s Educational Options Team, specifically research- ing the university sponsorship of charter schools, the racial composition of charter school student bodies, and alternative schools.

Suzanne E. Eckes ([email protected]) is an assistant professor in the Educational Leadership and Policy Studies department at Indiana University. Her research interests have focused on school legal issues, and she teaches undergraduate and graduate courses in educational law and policy. She codirects the CEEP Educational Options Team.

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