Charter school laws vary from state to state. Because these laws set the groundwork for charters to operate, these legal differences affect the number and type of charters that grow in any given state.

The U.S. Department of Education describes seven basic policy and legal features of all state charter laws:

  1. Charter development: who may propose a charter, how charters are granted, the number of charter schools allowed, and related issues.
  2. School status: how the school is legally defined and related governance, operations, and liability issues.
  3. Fiscal: the level and types of funding provided and the amount of fiscal independence and autonomy.
  4. Students: how schools are to address admissions, non-discrimination, racial/ethnic balance, discipline, and special education.
  5. Staffing and labor relations: whether the school may act as an employer, which labor relations laws apply, and other staff rights and privileges.
  6. Instruction: the degree of control a charter school has over the development of its instructional goals and practices.
  7. Accountability: whether the charter serves as a performance-based contract, how assessment methods are selected, and charter revocation and renewal issues.

For further information, see the Center for Education Reform's detailed ranking of state charter laws.

The Education Commission of the States also has created a database of State Policies for Charter Schools, where users can compare specific types of policies for charter schools across several states.