Charter Schools: Does the state have provisions specific to high-performing charter schools, including replication of high-performing charter schools?

Charter Schools: Does the state have provisions specific to high-performing charter schools, including replication of high-performing charter schools?

January 2020

This resource contains information about the 45 states, plus the District of Columbia, with charter school laws. It does not contain any information for the five states that have not enacted charter school laws.

Does the state have provisions specific to high-performing charter schools, including replication of high-performing charter schools?
Alabama No
Alaska No.
Arizona No.
Arkansas No.
California Yes. The chartering authority may not deny renewal for a charter school if either of the following apply for two consecutive immediately prior to the renewal decision:
  • the charter school has received the two highest performance levels schoolwide on all state indicators included in evaluation rubrics for which it receives performance levels, and/or
  • for all measures of academic performance, the charter school has received performance levels schoolwide that are at least as high as the state average and, for a majority of subgroups performing statewide below the state average in each respective year, received performance levels that are higher than the state average.

Citations: Cal. Educ. Code § 47607(c)(2)
Colorado No.
Connecticut No.
Delaware Yes. Applications by a highly successful charter school operator shall be submitted to an approving authority between November 1 and December 31 for schools to be established and prepared to admit students on or after the August 1st thereafter. For other applicants, applications submitted between November 1 and December 31 may be considered for the establishment of schools on or after the second August thereafter.

Citations: Del. Code Ann. tit. 14, § 511
District of Columbia Yes. In selecting an eligible entity for the purchase, lease, or use of an excess school facility, the mayor must give first preference to an existing public charter school tenant that occupies all - or substantially all - of the facility; and must give second preference to a public charter school that has been determined by the Public Charter School Board to be high-performing and financially sound. Third preference is given to any other eligible entity.

Citations: D.C. Code Ann. § 38-1802.09
Florida Yes. Authorizers may only deny an application from a high-performing charter school or a high-performing charter school system, both identified pursuant to state law,) if the authorized sponsor demonstrates by clear and convincing evidence specified in state law that any of the following has occurred:
  • the application does not materially comply with state law requirements
  • the proposed charter school's educational program does not replicate that of the applicant or one of the applicant's high-performing charter schools
  • the applicant has made a material misrepresentation, a false statement, or has concealed an essential or material fact during the application process.

If the sponsor fails to act on an application from a high-performing charter school or high-performing charter school system within 90 days of receipt, the application is approved.

If a sponsor denies an application submitted by a high-performing charter school or a high-performing charter school system, the sponsor must state in writing the reasoning for the denial.

A high-performing charter school is authorized to do the following:
  • increase student enrollment once per school year to more than the capacity specified in the charter, but not to exceed the capacity of the facility. Specified notification must be given prior to expansion.
  • expand grade levels offered
  • submit quarterly, rather than monthly, financial statements to the sponsor
  • receive a modification of its charter to a term of 15 years, or receive a 15-year charter renewal. The charter may also be modified to a shorter amount of time.
  • submit an application to any school district in the state in order to establish and operate a new charter school that will substantially replicate its educational program. Such applications receive preferential status as stated above. High-performing charter schools may not establish more than two new charter schools in any year.
A high-performing charter school system may replicate its high-performing charter schools in any school district in the state.

Citations: Fla. Stat. Ann. § 1002.33; Fla. Stat. Ann. § 1002.331; Fla. Stat. Ann. § 1002.332
Georgia Yes. The state board of education is authorized to establish a grant program for the purpose of replicating high-performing charter schools. The grant program shall include funding for grants to charter applicants and existing charter schools to replicate high-performing charter schools or features and/or programs of high-performing charter schools that have proven to be effective. Grants are to be provided primarily for charter schools that are in rural areas, primarily serve students with special needs, and/or serve educationally disadvantaged students.

The grant program criteria may take into account the following:
  • the likelihood of success in replicating a high-performing charter school or feature or program of a high-performing charter school
  • whether a particular model lends itself to replication
  • the reasonableness of the costs involved in replication, and
  • other criteria as deemed appropriate.

Citations: Ga. Code Ann. § 20-2-2075
Hawaii No.
Idaho No. However, for public charter schools that were scheduled to be evaluated for renewal or nonrenewal between March 1, 2016 and March 1, 2019, they must have been rated in the top 20% of all Idaho public schools by the state's accountability system for the previous two years in order to replicate.
Illinois No.
Indiana No.
Iowa No.
Kansas No.
Kentucky No.
Louisiana Yes. The state board must create a process for authorizing multiple charter schools for qualified chartering groups that have a demonstrated record of success. The process must include the evaluation of performance of chartering groups operating in other states that do not currently operate any schools in Louisiana. Chartering groups that meet these criteria are eligible to apply for and be granted approval of multiple charter agreements through a single application. After each of these schools meets specified performance targets, the chartering group may then open a subsequent approved school.

Citations: La. Rev. Stat. Ann. § 17:3983
Maine No.
Maryland No.
Massachusetts Yes. The state board of education may give priority to charter applications that have demonstrated broad community support, an innovative educational plan and a demonstrated commitment to assisting the district in which it is located in bringing about educational change.

Citations: Mass. Gen. Laws ch. 71 § 89
Michigan No.
Minnesota No.
Mississippi No.
Missouri Yes. High-quality charter schools must be provided expedited opportunities to replicate and expand into unaccredited districts, a metropolitan district, or an urban school district in Kansas City. The sponsor's decision to approve or deny must be made within sixty days. The terms of such charters will be for five years, and may be renewed for terms of up to ten years.

A high-quality charter school is defined as a charter school that meets the following requirements:
  • Receives 85% or more of the total points on the annual performance report for 3 of the last 4 years,
  • Maintains a graduation rate of at least 85% for 3 of the last 4 years, if it provides a high school program,
  • Is in material compliance with its legally binding performance contract and state charter school law, and
  • is organizationally and fiscally viable.

Citations: Mo. Ann. Stat. § 160.408
Nevada No. However, high-performing charter schools may apply to become an authorized provider of an alternative route to teacher licensure and may apply to operate an experimental academic program or new school model within the charter school.

Citations: Nev. Rev. Stat. Ann. 388A.3932; Nev. Rev. Stat. Ann. 388A.3934
New Hampshire No.
New Jersey No.
New Mexico No.
New York No.
North Carolina Yes. With recommendations from the office of charter schools and charter school advisory board, the state board must adopt a process to "fast-track" the replication of high-performing charter schools. applicants selected through the fast-track process will not be required to complete a planning year. In order to qualify for "fast-track" replication, a charter school must have student outcomes comparable to the academic outcomes of the local school district and must provide three years of financially sound audits. Schools may also qualify if the board of directors contracts with a education management organization with a proven record of charter replication, successful student outcomes, and financial soundness.

Citations: N.C. Gen. Stat. Ann. § 115C-218.3
Ohio No.
Oklahoma No. However, authorizers are directed to give priority to applicants that have demonstrated a record of operating a successful program. Applicants must be seeking to establish a similar charter school program.

Citations: Okla. Stat. tit. 70, § 3-132
Oregon No.
Pennsylvania No. However, charter schools that have met student performance requirements and are in the top 25th percentile of charter schools as measured by the Pennsylvania school performance profile are eligible to apply to consolidate with and take over governance of another charter school.

Citations: 24 Pa. Cons. Stat. Ann. § 17-1729.1-A
Rhode Island No. However, each charter school authorizer may revoke the charter of a school if, after three consecutive years, the school is not considered a high-performing charter school.

Citations: R.I. Gen. Laws Ann. § 16-77.2-4 R.I. Gen. Laws Ann. § 16-77.3-4 R.I. Gen. Laws Ann. § 16-77.4-4 R.I. Gen. Laws Ann. § 16-77-5.1
South Carolina No. However, charter school applicants must include a description of the governance and operation of the school that includes past experience with the replication of successful public charter schools.

Citations: S.C. Code Ann. § 59-40-60
Tennessee No.
Texas Yes. High-performing charter schools may operate an additional school under the same charter agreement.

High-performing charter schools may receive charter approval from the commissioner of education. Charters approved in this manner do not count towards the cap on the total number of charter schools.

The commissioner of education is required to grant expedited renewal to high performing charter schools.

Citations: Tex. Educ. Code Ann. § 12.101 Tex. Educ. Code Ann. § 12.1011 Tex. Educ. Code Ann. § 12.1141 Tex. Educ. Code Ann. § 11.174 Tex. Educ. Code Ann. § 11.157
Utah No. However, charter school authorizers are permitted to identify and promote successful charter school models when providing technical assistance to those interested in applying for a charter.

Charter schools are permitted to report on innovative practices to the state charter school board.

Citations: U.C.A. 1953 § 53G-5-502 U.C.A. 1953 § 53G-5-205 U.C.A. 1953 § 53G-5-204
Virginia No.
Washington No.
West Virginia No.
Wisconsin No.
Wyoming No.

© 2021 by the Education Commission of the States (ECS). All rights reserved. ECS is the only nationwide, nonpartisan interstate compact devoted to education. 700 Broadway #810, Denver, CO 80203-3442

To request permission to excerpt part of this publication, either in print or electronically, please contact the Education Commission of the States’ Communications Department at 303.299.3636 or

Your Education Policy Team