The foundation of every state is the education of its youth.

—Diogenes

• Establishes the goal of reaching "educationally disadvantaged students" as one of the primary reasons for creating charter schools
• Prohibits charter schools from charging tuition
• Requires admission of students on the basis of a lottery if more students apply than can be accommodated
• Requires that charter schools be nonsectarian in their programs, admissions policies, employment practices, and all other operations, and prohibits affiliation with a sectarian school or religious institution
• Requires compliance with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, and part B of the Individuals with Disabilities Education Act

Title VI of the Civil Rights Act of 1964
Title VI prohibits discrimination on the basis of race, color, or national origin in any education program receiving federal financial assistance. Title VI and related case law prohibits discrimination in student admis sions, student access to courses and programs, and student policies and their application.

The Office for Civil Rights (OCR) within the Department of Education has the responsibility of enforcing Title VI. Title VI discrimination com plaints may be filed with the Office for Civil Rights of the U.S. Depart ment of Education in Washington, D.C.; region al offices for civil rights; or state departments of education.

Under the Department of Education's Title VI regulations, practices of discrimination based on race, color, or national origin that are prohibited include:

• Providing services, financial aid, or other benefits that are different or provided in a different manner
• Restricting an individual's enjoyment of an advantage or privilege enjoyed by others
• Denying an individual the right to participate in federally assisted programs
• Defeating or substantially impairing the objectives of federally assisted programs

In Lau v. Nichols (1973), the Supreme Court found that Title VI requires a meaningful opportunity for limited-English-proficient (LEP) students to participate in public educational programs. This decision is the legal basis for the LEP policy of the Office for Civil Rights. The policy, originally stated in a May 25, 1970, memorandum issued to school districts with more than 5 percent national origin children, states in part:

Where the inability to speak and understand English excludes minor ity group children from effective participation in the educational program offered by a school district, the district must take affirmative steps to rectify the deficiency in order to open its instructional program to these students.

The memorandum further states that Title VI is violated if:

• Students are excluded from effective participation in school because of inability to speak and understand the language of instruction
• Minority students are misassigned to special education classes because of their lack of English skills
• Programs for LEP students are not designed to teach them English as soon as possible, or operate as a dead-end track
• Parents whose English is limited do not receive notices and other information from the school in a language they can understand

Title VII of the Civil Rights Act of 1964
This law prohibits employers of 15 or more employees from discrimination in employment based on race, color, religion, sex, or national origin.

Title IX of the Education Amendments of 1972

• Prohibits discrimination on the basis of sex against students and employees in educational programs that receive federal funds. Prohibits sex discrimination in such areas as participation in most courses; admission to vocational, graduate, professional, and public undergraduate schools; counseling and guidance tests, materials, and practices; physical education and athletics; student rules and policies; and extracurricular activities.
• Requires designation of at least one employee to coordinate com pliance with Title IX, including the investigation of alleged noncompliance
• Requires notification to "all students and employees of the name, office, address, and telephone number" of its Title IX officer
• Requires adoption and publication of "grievance procedures providing for prompt and equitable resolution of student and employee complaints"
• Requires dissemination of policy on an ongoing basis

Section 504 of the Rehabilitation Act of 1973
This section prohibits discrimination on the basis of handicap in any education program receiving federal funds. Employers of 15 or more persons are required to:

• Designate at least one person to coordinate efforts to comply with the law
• Adopt "grievance procedures that incorporate due process standards and that provide for prompt and equitable resolution of complaint"
• Notify students and employees of the prohibition against discrimination.

Individuals with Disabilities Education Act (ADA)
The IDEA requires each state to have a plan that ensures that "all children with disabilities have available to them a free appropriate public education that includes special education and related services to meet their unique needs."

Americans with Disabilities Act (ADA)

• Prohibits employers of 15 or more employees from discriminating against disabled employees
• Requires public services to be available to persons with disabilities
• Requires public entities with 50 or more employees to designate at least one employee to coordinate compliance with the ADA and to adopt grievance procedures providing for prompt and equitable resolution of complaints

Elementary and Secondary Education Act of 1965 (ESEA)
The Elementary and Secondary Education Act of 1965 closely followed the Civil Rights Act of 1964 to provide support for schools through state educational agencies to improve the teaching and learning of children who are at risk of not meeting challenging academic standards and who reside in areas with high concentrations of children from lower-income families.

Goals 2000: Educate America Act
Goals 2000: Educate America Act was passed by Congress to create a vision to guide America's schools into the next century.

Goals 2000 eight basic goals are:
Goal 1: By the year 2000, all children in America will enter school ready to learn

Goal 2: The high school graduation rate will increase to at least 90 percent

Goal 3: All students will be competent in the core academic subjects

Goal 4: All teachers will have the opportunity to acquire the knowledge and skills needed to prepare students for the next century

Goal 5: U.S. students will be the first in the world in mathematics and science achievement

Goal 6: Every adult will be literate and possess skills to compete in the global economy and participate as citizens in American democracy

Goal 7: Schools will be free of drugs, violence, unauthorized guns, and alcohol and will offer disciplined environments of learning

Goal 8: Schools will promote partnerships that will increase parental involvement and participation in promoting the social, emotional, and academic growth of children

Improving America's Schools Act of 1994 (IASA)
The Improving America's Schools Act (IASA) of 1994 reauthorizes the Elementary and Secondary Education Act of 1965 and provides support for schools to help them meet the goals defined in Goals 2000. The legislation supports equity in education by articulating equity-based goals. IASA encourages innovative approaches to education, such as charter schools and provides increased support for technology, comprehensive technical assistance, and professional development.

IASA includes the following titles:

Title I

• Helping Disadvantaged Children Meet High Standards
• Improving Basic Programs Operated by Local Educational Agencies
• Even Start Family Literacy Program
• Education of Migratory Children
• Education of Neglected and Delinquent Youth

Title II

• Dwight D. Eisenhower Professional Development Program

• Technology for Education
  Technology for Education of All Students
• Star Students

Title IV

• Safe and Drug-Free Schools and Communities

Title V

• Promoting Equity
• Magnet School Assistance
• Women's Educational Equity

Title VI

• Innovative Educational Program Strategies

Title VII

• Bilingual Education, Language Enhancement, Language Acquisition Programs

Title VIII

• Impact Aid

Title IX

• Indian Education

Title X

• Programs of National Significance
• Fund for the Improvement of Education (FIE)
• Jacob K. Javits Gifted and Talented Students Education Act
• Public Charter Schools
• Arts in Education Program
• Civic Education Program

Title XI

• Coordinated Services

Title XII

• School Facilities Infrastructure Improvement Act

Title XII

• Support and Assistance Program to Improve Education

Title XIV

• General Provisions: to promote program integration, coordination, equal educational opportunity, flexibility, state and local discretion, efficiency, and improved accountability

For further information on federal civil rights provisions affecting charter schools, contact the Office for Civil Rights for a copy of "Quest ions and Answers on the Application of Federal Civil Rights Laws to Public Charter Schools." Office for Civil Rights Headquarters, U.S. Department of Education, Customer Service Team, Mary E. Switzer Building, 330 C Street SW, Washington, DC 20202; (202) 205-5413 or (800) 421-3481; or e-mail OCR@ED.Gov.

State laws governing creation of charter schools differ and can be roughly divided into "expansive" and "restrictive" laws. States with expansive charter school laws encourage start-up of charter schools and allow a high degree of autonomy. Their characteristics include:

• No limits or minimal limits on the number of charter schools that can be formed
• No restrictions on individuals or groups permitted to submit charter school proposals
• Choice of several sponsoring agencies-for example, a local school board, state education agency, or university
• An appeals process for declined proposals
• Automatic exemption from state and local education laws and regulations (except safety, health, and civil rights)
• Fiscal autonomy
• Legal autonomy-teachers are employees of the school, not the district
• Ability to hire noncertified teachers without a waiver
• Conversion of existing public and private schools to charter status

Examples of states considered to have generally expansive laws include: Arizona, California, Colorado, Delaware, District of Columbia, Florida, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, New Hamp shire, New Jersey, North Carolina, South Carolina, and Texas.

States with restrictive laws place limitations on the formation of charter schools and allow less autonomy. Examples of states considered to have generally restrictive laws include: Alaska, Arkansas, Georgia, Hawaii, Kansas, New Mexico, Rhode Island, Wisconsin, and Wyoming. (Based on a survey by RPP International and the University of Minnesota of the 25 states and the District of Columbia that had enacted charter school legislation as of August 1996.)