The National Landscape of Charter School Laws

(161 Ratings)

Produced on: August 08, 2017

Course Format On Demand Audio

Taught by


Course Description

Time 60 minutes
Difficulty Intermediate
Forty-three of fifty states in the United States have charter school laws that allow the operation of schools that are publicly-funded but operated and managed by nonpublic entities – sometimes not-for-profit, sometimes business corporations. The purpose of these charter school laws is to offer a public alternative to education that is provided by publicly-elected boards of education and subject to state education laws and policies. Generally speaking, the purpose of charter school laws is to authorize a system of schools that operate independently from existing school districts and that provide an opportunity for educators to develop schools that are assessed on the basis of student achievement, rather than on compliance with the state and local laws that govern public education.

Many proponents of “school choice” refer to Charter Schools as a choice option to be encouraged because a publicly-authorized charter school offers the possibility of an educational opportunity that is free of local control but also tuition-free and accountable to State authorities and public charter authorizers. Other choice options, such as vouchers for private schools, may favor families who can provide some share of the cost of private education, may allow public support of sectarian schools, and may leave children without the protection of state and federal civil rights, safety, and disability laws and without public accountability for academic standards. 

This program, taught by Marion Katzive, a Member of Bond Schoeneck & King, will provide a broad strokes overview of the different kinds of Charter authorization laws that may exist – whether a state allows for-profit Charter Schools, for example, or requires accountability for examination standards. The course will use the New York State Charter Schools Act of 1998 as a jumping off point to discuss different types of Charter School considerations, including the criteria for issuance of a charter and the criteria for revoking or terminating a charter, what accountability measures are provided to allow data-based assessments of achievement levels for students with disabilities, students who are English language learners, and students who are eligible for free and reduced priced lunch, and whether Charter Schools are “exempt” from state and local laws, rules, regulations or policies governing other public or private schools.   

Learning Objectives:
  1. Understand the different types of Charter Authorizations across the country
  2. Identify the organization and legal status of a Charter School, including governance considerations, and the interplay between Charter Authorizations and education laws, not-for-profit laws, and tax and revenue concerns
  3. Understand which state or local law may or may not be applicable to Charter Schools in your state
  4. Understand the differences between Charters and public or private schools in terms of student admissions, due process rights, and remedies 


Marion C. Katzive

Bond, Schoeneck & King PLLC

Marion counsels schools and agencies providing services for children on regulatory and compliance issues. Her clients include private schools, public schools, public charter schools, preschools, early intervention agencies and organizations that provide afterschool or summer services for children. She is also called upon for compliance guidance by institutions whose services for children are incidental to their primary educational or cultural missions. Marion provides support in chartering educational corporations, amending and consolidating charters and advising on permit and registration requirements for regulated programs. She also works closely with agencies and their financial consultants in establishing reimbursement rates for publicly funded schools and has participated in gaining approvals for expansion and construction for a number of special education schools in New York City.

Marion consults regularly with special education private schools on expansion and compliance issues and guides public schools and public charter schools on meeting Section 504 and IDEA responsibilities. She previously worked for Vera Institute of Justice and was a member of Rebell & Katzive, engaging primarily in special education litigation. She has been a speaker and contributor on issues affecting students with disabilities


Jamey B.

Great presentation.

Siobhan C.

Good overview of charter schools. Glad that she mentioned discrimination and encouragement of due process for expulsion. Good presenter, she was calm but engaging.

Jennifer H.

Excellent presenter - I would readily seek out more programs by her.

Venola R.

As an educator and attorney who plans to apply to open a charter school, I found this information quite valuable and timely.

Matthew W.

Perfect lecturer!

Andrew S.

Terrific course having a thoughtful and balanced approach concerning charter schools.

Load More


$ 59 Education Law, Administrative Law, and Public Interest Law In Stock


Get Unlimited Access to Lawline Courses

Unlimited CLE Subscription gives you access to take almost any course from our catalog and earn as much CLE credit as you need.