|What kind of facilities funding is available to charter schools?|
Public charter schools have the same rights and access to Alabama Public School and College Authority facilities funding opportunities as traditional public schools.
Charter schools have the right of first refusal to purchase or lease any closed or unused facility placed on the market from the local school district.
Citations: Ala. Code § 16-6F-11
A school district must direct state aid to charter schools for construction or maintenance of a charter facility, subject to the same terms and conditions that apply to state aid for traditional public schools. The charter school facilities construction, lease and major maintenance grant program provides grant aid based on a per-pupil funding formula, subject to legislative appropriation and available funding. Grant allocations cannot be less than $1 per-pupil per year.
Charter schools have access to tax-exempt financing through the Alaska Municipal Bond Bank Authority. School districts are also required to offer to a charter school the right of first refusal for a lease of space in an existing school district facility or in a facility within the school district that is not currently being used as a public school, if the chief school administrator determines the facility meets requirements for health and safety applicable to public buildings or other public schools in the district. If the school district requires lease payments by a charter school, the school district must negotiate a lease agreement with the charter school for an amount that does not exceed the true operational costs calculated on a square foot basis.
Citations: Alaska Stat. Ann. § 14.03.260
In addition to a base support level, charter schools receive a per-pupil allocation called “charter additional assistance.” The sum total, called “equalization assistance” can be used for anything from teacher salaries to transportation to facility construction. The amount of additional assistance in FY 2019-20 is $1,843.14 per-pupil in grades K-8 and $2,148.15 per-pupil in grades 9-12. In addition, subject to legislative appropriation, the Charter School Stimulus Fund provides financial support to charter school applicants and charter schools for start-up costs and costs associated with renovating or remodeling existing buildings.
Financing: The public school credit enhancement program provides high-performing schools, including charter schools, with access to more favorable financing. Charter schools have access to bond financing from industrial development authorities, which provides charter schools with access to tax-exempt financing. Unused Facilities: The state department of education must also annually publish a list of vacant and unused portions of buildings that are owned by the state or by school districts and that may be suitable for the operation of a charter school. This list must be provided to the state board for charter schools.
Citations: Ariz. Rev. Stat. Ann. § 15-119; Ariz. Rev. Stat. Ann. § 15-185; Ariz. Rev. Stat. Ann. § 15-188; Ariz. Rev. Stat. Ann. § 15-2155; Ariz. Rev. Stat. Ann. § 35-701
Arkansas has three programs to provide direct facilities funding to charter schools, all pending legislative appropriation or other funding. Facilities funding aid program: Under this program, eligible charter schools may receive money for lease, purchase, renovation, repair, construction, installation, restoration, alteration, modification, or operation and maintenance of an approved facility. Capital grant program: Charter schools may apply for grant money through the Division of Public School Academic Facilities and Transportation. Grant monies may be used for various facilities costs, including renovation, repair, maintenance, new construction, and the cost of acquiring a site. Charter schools may also use the money to purchase various academic materials and to repay facilities-related debt.Facilities loan fund: Charter schools may apply for a loan from the Division of School Academic Facilities and Transportation for construction, lease, purchase, repair, improvement, or addition to academic facilities. Schools may also used the loan for credit enhancement for financing academic facility projects. Repayment periods are up to 10 years.
The state must annually publish a list identifying unused or underused public school facilities. School districts must make unused or underutilized public school facilities available for lease or purchase at no more than fair market value to open enrollment charter schools located in the district's boundaries. If an open enrollment charter schools and school district are unable to agree on terms and execute the sale or lease of the facility within 60 days of giving notice of intent to purchase or lease, the school may petition the Commission for Arkansas Public SChool Academic Facilities and Transportation for an ordering the lease or purchase.
Citations: Ark. Code Ann. § 6-23-802 et seq.; Ark. Code Ann. § 6-23-901 et seq.; Ark. Code Ann. § 6-21-815
Each school district is required to make available to each charter school operating in the school district facilities sufficient for the charter school to accommodate all of its in district students in conditions reasonably equivalent to those in which the students would be accommodated if they were attending other public schools of the district. Districts can only charge a charter school a proportionate share of its facilities costs that are paid from the general fund. Districts must allocate facilities to in-district charter schools based upon the charter school’s projection of average daily attendance of in district students. If the charter school generates less than it projected, the charter school must reimburse the district for the over-allocated space at rates to be set by the state board of education. Through the Charter School Facility Grant Program, the state may reimburse charter schools serving 55% or more pupils that qualify for free or reduced price meals up to either an annually adjusted dollar amount per unit of average daily attendance (for the 2017-2018 fiscal year, this amount was $1,117), or 75% of the annual facilities rent or lease costs for the charter school, whichever is less. Charters may access per-pupil facility grant funding for 50% of the total cost for new construction or renovation of charter facilities. This program is subject to available statewide school bonds passed to support charter school facilities. In addition, the Charter School Revolving Loan Fund allows charter schools to receive low-interest loans for as much as $250,000, and allows up to 5 years for repayment.
Charter schools have access to tax-exempt financing through institutions such as the California School Finance Authority.
Citations: Direct funding: Cal. Educ. Code § 47614; Cal. Educ. Code § 47614.5; Cal. Educ. Code § 41365; Cal. Educ. Code § 17078.54; Other funding: Cal. Educ. Code § 17172 et seq
Charter schools are entitled to per-pupil facilities aid from the state education fund for capital construction. All charter schools with capital construction needs are eligible for funding. In addition, charter schools may apply for capital funding under the Building Excellent Schools Today (BEST) program, a competitive grant program. BEST funds can be used for the construction of new schools as well as general construction or renovation of existing school facility systems and structures. Starting in Fiscal Year 2019, the state should credit the charter school facilities assistant account an amount equal to student enrollment in the prior year. School districts are required to invite charter schools to discuss their capital construction needs prior to the district submitting a request to the voters or floating a bond for facilities funding, although the district is not required to include the charter schools as part of their requests or bonds. Through the Charter School Intercept Program, a charter school that is entitled to receive monies from the state public school fund may request that the State Treasurer make direct payments of principal and interest on the bonds on behalf of the charter school.
School districts that authorize charter schools must annually prepare a list of vacant or underused buildings or land available during the next school year and provide the information upon request. School districts are not required to sell or provide unused or vacant facilities to charter schools. Charter schools operating in district facilities may purchase the building and grounds from a school district at the school district's discretion and according to mutually agreeable terms. In addition, if space is available in a school district facility, a charter school may not be charged for that space, although other costs for facilities operations and maintenance must be negotiated between the charter school and the school district. The Colorado Educational and Cultural Facility Authority (CECFA) may issue bonds on behalf of charter schools. The charter school debt reserve fund, supported by the moral obligation pledge of the state to support up to $500 million in debt, enhances charter schools' ability to borrow funds from CECFA and to obtain more favorable rates.
Citations: Colo. Rev. Stat. Ann. § 22-30.5-404 to Colo. Rev. Stat. Ann. § 22-30.5-406; Colo. Rev. Stat. Ann. § 22-30.5-104; Colo. Rev. Stat. Ann. § 22-54-124; Colo. Rev. Stat. Ann. § 22-43.7; Colo. Rev. Stat. Ann. § 23-15-101 et seq.
Competitively awarded grants are available to assist established state charter schools in financing school building projects and repayment of debt incurred for school building projects. Preference must be given to applications that include matching funds from non-state sources. The State Bond Commission has authority to authorize the issuance of bonds to pay for the grants.
Charter schools have access to tax-exempt financing for their facilities needs through the Connecticut Health and Educational Facilities Authority’s Charter School Loan Program.
Citations: Conn. Gen. Stat. Ann. § 10-66hh; Conn. Gen. Stat. Ann. § 10-66jj; Conn. Gen. Stat. Ann. § 10a-176 et seq.
The state funds minor capital improvements at charter schools in the same manner as it funds such improvements at vocational technical school districts. Through the Charter School Performance Fund, charter schools with a proven record of success can apply for supplemental funding that can be used for facilities. The fund is subject to appropriation.
The state department of education and state department of administrative services must publish a list of all vacant and unused buildings and portions of buildings owned by the state or school districts that may be suitable for charter schools. School districts must make unused buildings or space in buildings available for charter schools.
Citations: Del. Code Ann. tit 14 § 509
|District of Columbia||Office of Public Charter School Financing and Support. This office, under the authority of the Mayor, has three functions: (1) Administer the credit enhancement fund, (2) administer the Direct Loan Fund for Charter School Improvement, and (3) develop, implement, and provide oversight for other public charter school financing programs and support services as requested.Direct funding:|
Charter schools receive an annual facilities allowance established in statute.Direct Loan Fund for Charter School Improvement. Eligible charter schools may receive loans up to $2 million for construction, purchase, renovation, and maintenance. Scholarships for Opportunity and Results. This program was created to improve school performance and outcomes by, among other things, awarding grants to eligible public schools (including charter schools) to encourage expansion of high-quality charter schools. Per the D.C. Office of the State Superintendent of Education, facilities grants are available for renovations of charter school facilities.
The District of Columbia Public School (DCPS) system must allow charter schools to utilize space in DCPS facilities that are currently or project to be underutilized. Charter schools pay a portion of capital and maintenance costs. Charter schools are also given the right of first offer to purchase, lease, or otherwise use an excess school facility. Annual payments from the district will be adjusted for facilities costs. Charter schools have access to tax-exempt bonds through D.C.'s Revenue Bond Program. Credit Enhancement Revolving Fund for Public Charter Schools. This program provides grant funds to eligible nonprofit organizations to help charter schools obtain financing, enhance loan availability, and obtain lease guarantees. No direct loans or grants are available to schools. This is a federally-authorized program. Charter School Facility Incubator. Statute allows nonprofit organizations to operate as charter school facility incubators. These organizations use their facilities or properties to house a charter school for 5 years or until the school aquires its own property.
Citations: D.C. Code § 38-1831.01; D.C. Code § 38-1833.02; D.C. Code § 38-1833.01; D.C. Code § 38-1802.09; D.C. Code § 38-1804.01; D.C. Code § 38-2908; D.C. Code § 38-1853.01 et seq.; D.C. Code § 38-1800.02; D.C. Code § 1-204.90 20 U.S.C. § 1155 Also see: http://osse.dc.gov/service/facilities-financing-dc-public-charter-schools
Charter School Capital Outlay Funding: The state appropriates per-pupil capital outlay funding to eligible charter schools. Eligible charter schools receive additional weights based on student populations, including students eligible for free or reduced-price meals and percentage of students with disabilities. Conversion charter schools operating in facilities provided by the school's authorizer are not eligible. Funds can be used for purchasing, construction, or maintenance of facilities as well as the purchase or lease of computer hardware necessary for gaining access to electronic content. Mill Tax Levy: School boards can levy up to 1.5 mills for various facilities costs for charter schools, such as construction, renovation, maintenance or repair. Educational Impact Fees: If charter school facilities are created specifically to mitigate the educational impact created by new residential units, some or all of the required educational impact fees may be designated for the construction of the charter school facilities that will mitigate the student impact, subject to some conditions.
District Facilities: If a district school board facility or property is available because it is surplus, marked for disposal, or otherwise unused, it is provided for a charter school's use on the same basis as it is made available to other public schools in the district. For an existing public school converting to charter status, no rental or leasing fee for the existing facility or for the property normally inventoried to the conversion school may be charged by the district school board to the parents and teachers organizing the charter school. If a conversion charter school and a school district have a mutual management plan for facilities maintenance, the plan must have a provision requiring the district to maintain the charter school facilities in the same manner as other public schools in the district. Ad Valorem Tax Exemption: The state provides an exemption from ad valorem taxes for facilities used to house charter schools, and provides some additional exemptions for some other facilities-related fees. Tax-Exempt Bonds: Charter schools are eligible through their counties or municipalities to access tax-exempt industrial development revenue bonds through the Florida Industrial Development Financing Act. The Florida Development Finance Corporation offers tax-exempt bond financing for school districts and nonprofit organizations.
Citations: Fla. Stat. Ann. § 1013.62; Fla. Stat. Ann. § 1011.71; Fla. Stat. Ann. § 1002.33; Fla. Stat. Ann. § 159.27; Fla. Stat. Ann. § 288.9603
Local charter schools and state-chartered special schools receive a per-pupil allocation for facility maintenance and operation, and state-chartered special schools receive the greater of (1) the statewide average total capital revenue (excluding local revenue bonds), or (2) the capital revenue for the local district where the state-chartered special school is located.Facilities grants: Per state statute, the state board of education should provide charter schools with facilities grants, subject to appropriation. Matching grants: The state board must establish a grant program that matches donated funds dollar-for-dollar, up to a specified amount, for charter schools' capital expenses.
The state requires districts to make unused facilities available to charter schools on the same basis as they make such facilities available to traditional schools. Charter schools cannot be charged a lease or rental fee for use of these facilities. Per statute, local school boards are required to renovate, repair, and maintain the school facilities of charter schools in the district to the same extent as other public schools in the local school system if the local board owns the facility, unless otherwise agreed upon. Charter schools have access to tax-exempt financing through county development authorities.
Citations: Ga. Code Ann., § 20-2-2068.1; Ga. Code Ann., § 20-2-2068.2; Ga. Code Ann., § 20-2-2095 et seq.; Ga. Code Ann., § 36-62-1 et seq.
The legislature can make additional appropriations for facilities. Each year the legislature must consider making an appropriation and bond authorization to the public charter school commission for charter school facility needs. These funds must be prioritized for the department of education's charter school facilities funding working group to allocate, and the commission must develop criteria for distributing the funds based on various criteria.
The state department of education must identify unused public school facilities that may be appropriate for charter schools and solicit applications from charter schools interested in using and occupying all or portions of the facilities of the department school. If a charter school occupies or uses the facilities of a department school immediately prior to converting to a charter school, upon conversion that charter school must be given continued exclusive or joint use of the buildings or facilities unless the state demonstrates a tangible and imperative need to reclaim all of the facilities. When any state department considers closing a facility, it must consider making all or portions of the facility available to charter schools.
Citations: Haw. Rev. Stat. § 302D-24; Haw. Rev. Stat. § 302D-28; Haw. Rev. Stat. § 302D-29.5; Haw. Rev. Stat. § 302D-35
The department of education distributes facilities funds to charter schools on a per-pupil basis. The amount of facilities funding is calculated as a percentage of the statewide average of all bond and plant facility levies per student by Idaho school district. The amount was 30% in Fiscal Year 2015 and starting in Fiscal Year 2016, the percentage for distributions in subsequent fiscal years increased by 10% each time the public school budget increases by 3% or more and decrease by 10% each time the budget is cut. Otherwise, the distribution percentage will remain the same as the previous year, with the minimum and maximum distribution percentages being 20% and 50%, respectively. Charter schools that do not receive these funds can submit a claim to the department of education for partial reimbursement of related expenses.
Borrowing and Financing: The Public Charter School Debt Reserve assists qualifying charter schools in obtaining favorable financing for facility improvements and construction. A charter school's board of directors can borrow money as a nonprofit corporation to finance the purchase of school building facilities. Charter schools also have access to tax-exempt facilities financing through the Idaho Housing and Finance Association. The Public Charter Schools Facilities Program assists eligible charter schools in obtaining lower interest rates on bonds for facilities and improvement and construction. School District Property: State law allows school districts to transfer or authorize the transfer or conveyance of any district-owned property to government entities, including charter schools, with approval of the school board.
Citations: Idaho Code Ann. § 33-5217; Idaho Code Ann. § 33-5218; Idaho Code Ann. § 33-5208, Idaho Code Ann. § 33-5204; Idaho Code Ann. § 33-601
Charter schools have access to tax-exempt revenue bonds and lease financing for capital projects through the Illinois Finance Authority. A charter school may also negotiate and contract with a school district, the governing body of a state college or university or public community college or any other public for-profit or nonprofit private entity for the use, operation and maintenance of a school building. Conversion charter schools are not required to pay rent for a space deemed available in school district facilities.
Citations: 105 Ill. Comp. Stat. Ann. § 5/27A-11.5; 105 Ill. Comp. Stat. Ann. § 5/27A-5; 105 Ill. Comp. Stat. Ann. § 3501/801-1 et seq.
With approval of the majority of the members of a governing body, a school district may distribute a proportionate share of the district's operations and capital project fund to a charter school. Charter School Facilities Assistance Fund: Subject to funding availability, charter schools may apply to the Charter School Facilities Assistance Fund for grants or loans for constructing, purchasing, renovating or maintaining charter schools.Charter and Innovation Network School Grant: The state board administers a grant program for qualifying charter schools and innovation network schools that do not receive a pro rata share of local property tax revenue. Grant funds may be used for capital improvements for the school, various operations costs, and various technology purposes. Eligible schools will receive the grant without making an application, including new charter schools and high-performing charter schools. The annual grant amount is $750 per student. Charter and Innovation Network School Advance Program: Under this program, qualifying charter schools and innovation schools that do not receive a pro rata share of local property tax revenue may apply to the state board to receive an advance to various needs, including facilities costs. Schools receive the advances at an interest rates of 1 percent on up to $5 million for up to 10 years.
Unused facilities: The state department of education must notify charter schools about closed, unused or unoccupied school buildings that were previously used for classroom instruction. The school corporation that owns the facility can then lease it to the charter school for $1 per year or sell it to the charter school for $1. A charter school interested in obtaining the facility must provide specific information to the department and, if the school obtains the facility, begin using it within two years. Bond financing: Charter schools have access to bond financing through the Indiana Finance Authority
Citations: Ind. Code Ann.§ 20-24-7-6; Ind. Code Ann. § 20-24-12-1 et seq.; Ind. Code Ann.§ 20-24-13-1 et seq.; Ind. Code Ann. § 20-49-9-1 et seq.; Ind. Code Ann.§ 20-26-7.1 et seq.; Ind. Code Ann. § 5-1.2-2
Charter schools have access to taxable and tax-exempt financing for capital projects and programs through the Kansas Development Finance Authority.
Citations: Kan. Stat. Ann. § 74-8902; Kan. Stat. Ann. § 74-8905
|Kentucky||Kentucky's charter school law does not include provisions for facilities support. Additionally, Kentucky's charter school law does not have a permanent funding mechanism.|
Citations: Ky. Rev. Stat. Ann. § 160.1590 et seq.
New Charter School Funding: Based on a charter school’s average daily membership for the first 5 years of its existence, each startup charter school receives for each student an amount equaling the average per-pupil budgeted amount for each of those 5 years from the district in which the charter school is located for facility acquisition and construction services. This is subject to legislative appropriations.Charter School Start-Up Loan Fund: This program provides grants for new and existing charter schools. Funds may be used for facility acquisitions, among other things.
Vacant and District Facilities: Local school boards must make available to chartering groups any vacant school facilities or any facility slated to be vacant for lease or purchase up to fair market value. For conversion charter schools, the facility and all the property within the existing school must be made available to the chartering group. If such facilities were constructed at no cost to the local school board, then such facilities including all equipment, books, instructional materials, and furniture within such facilities shall be provided to the charter school at no cost. Otherwise, the chartering group is required to pay a proportionate share of the local school board's bonded indebtedness. Charter schools may also negotiate with local school boards in which they are located for the use of facilities and operation and maintenance.Bond Financing: Charter schools have access to tax-exempt financing through the Louisiana Public Facilities Authority.
Citations: La. Rev. Stat. Ann. § 17:3995; La. Rev. Stat. Ann. § 17:3982, La. Rev. Stat. Ann. 17:3991; La. Rev. Stat. Ann. § 17:4001
Charter schools have the right of first refusal to purchase or lease at or below fair market value a closed non-charter public school facility or property or unused portions of a non-charter public school facility or property located in a school administrative unit from which it draws its students. In addition, charter schools can purchase or lease at or below fair market value part or all of any surplus or unused state-owned facility or property located in the state.
Citations: Me. Rev. Stat. Ann. 20-A § 2414
Unused Facilities: A county board must notify charter schools of school buildings or sites that are no longer in use and allow the charter school to use the facility on the county board's terms. The county board can use the utilization rate of surrounding school sites and buildings when authorizing a public charter school to occupy a school site or building. Any portion of a building or property occupied by a charter school is exempt from property taxes. In addition, the state board or the county board may give surplus educational materials, supplies, furniture and other equipment to a charter school.Tax-Exempt Financing: Charter schools have access to tax-exempt financing through the Maryland Health and Higher Educational Facilities Authority, the Maryland Industrial Development Financing Authority, and the Maryland Economic Development Corporation.
Citations: Md. Code Ann., Educ. § 9-109; Md. Code Ann., Educ. § 9-111; Md. Code Ann., Educ. § 9-112
Subject to legislative appropriation, charter schools receive a per-pupil capital needs allowance as part of their per-pupil tuition revenue. The sending district's per-pupil amount should include a per-pupil facilities component. The department of education shall provide funding to charter schools for a portion of their per-pupil capital needs and reimburse sending school districts for the costs, subject to appropriation.
Charter schools have access to tax-exempt bond financing, direct loans and guarantees for capital projects through the Massachusetts Development Finance Agency.
Citations: Mass. Gen. Laws Ann. ch. 71 § 89
Revenue from taxes levied or bonds issued by a school district may be used to support the operation or facilities of a charter school operated by the school district. Property occupied by a charter school and used exclusively for educational purposes is exempt from some real and personal property taxes. Charter schools may be located in all or part of an existing public school building.
Charter schools have access to tax-exempt financing through the Michigan Public Education Facilities Authority to finance land acquisitions, facilities, equipment and energy conservation improvements, or to refinance existing debt.
Citations: Mich. Comp. Law Ann. § 380.503a; Mich. Comp. Law Ann. § 380.504
Charter schools receive a per-pupil operating capital revenue allowance. Charter schools cannot use money received by the state to purchase land or buildings. Charter schools may own land and buildings if obtained through non-state sources.Building Lease Aid: If the per-pupil capital revenue allowance funds are insufficient to cover a building lease, a charter school may apply to the commissioner for building lease aid. Building lease aid cannot be used for custodial, maintenance service, utility, or other operating costs. The amount provided cannot exceed the lesser of 90% of the approved cost or $1,314 per-pupil.
A charter school may receive money from any source for capital facilities needs. In the year-end report to the commissioner of education, the charter school must report the total amount of funds received from grants and other outside sources.
Citations: Minn. Stat. Ann. § 124E.20; Minn. Stat. Ann. § 124E.22; Minn. Stat. Ann. § 126C.10; Minn. Stat. Ann. § 124E.24; Minn. Stat. Ann. § 124E.26
A plant and maintenance cost component is included in the calculation of the state per-pupil allocation. Charter schools are allocated funding from this program.
Charter schools have the right of first refusal to purchase or lease at or below fair market value a closed or unused portion of a public school facility property in the school district in which the charter school is located if the school district decides to sell or lease the public school facility or property. In addition, charter schools may negotiate and contract at or below fair market value with a school district, state institution of higher learning, public community or junior college, or any other public or for-profit or nonprofit private entity for the use of a facility for a school building.
Citations: Miss. Code Ann. § 37-151-7; Mississippi Code Ann. § 37-7-455; Miss. Code Ann. § 37-28-61
Charter schools may incur debt, including bonded indebtedness, to finance facilities and other capital items. Charter schools have access to bond financing through the Missouri Health & Educational Facilities Authority and various county and city industrial development authorities.
Citations: Mo. Stat. Ann. § 160.415; Mo. Stat. Ann. § 360.010 et seq.
Subject to legislative appropriation, charter schools may apply to the state department of education for available money for facilities if certain qualifications are met.
Charter schools can contract with the local school board of the school district in which the charter school is located or the University and Community College System of Nevada for the provision of facilities to operate the charter school. Charter schools can use any public facility in the school district or buildings owned by the school district, upon approval of the school board, but not during school hours. School districts can donate surplus personal property to a charter school located within the district. Charter schools meeting certain performance qualifications have access to tax-exempt financing through the Nevada Department of Business and Industry for costs related to acquisition, construction, improvement, restoration, or the rehabilitation of property, buildings, and facilities.
Citations: Nev. Rev. Stat. Ann. § 388A.405; Nev. Rev. Stat. Ann. § 388A.378; Nev. Rev. Stat. Ann. § 386.560; Nev. Rev. Stat. Ann. § 388A.550 et seq.
|New Hampshire||Direct funding:|
Subject to legislative appropriation, charter schools are eligible to receive state school building aid for the purpose of acquiring land or buildings or for constructing, reconstructing, or improving the charter school if the building is owned by the school district and under lease to the charter school and the lease does not include an option to purchase the building. Charter conversion schools are also eligible for state school building aid.
Charter schools have access to tax-exempt financing and additional financing assistance through the New Hampshire Health and Education Facilities Authority and the New Hampshire Municipal Bond Bank.
Citations: N.H. Rev. Stat. Ann. § 194-B:11; N.H. Rev. Stat. Ann. § 198:15-a et seq.; N.H. Rev. Stat. Ann. § 195-D:1 et seq.
|New Jersey||Direct funding:|
The New Jersey Economic Development Authority acts as a conduit for tax-exempt bond issuance, and the New Jersey Redevelopment Authority provides tax-exempt financing for capital projects.
Citations: N.J. Stat. Ann. § 34:1B-1 et seq.; N.J. Stat. Ann. § 55:19-74
|New Mexico||Direct funding:|
Charter schools have access to facilities funding grants through the Public School Capital Outlay Fund. Charter schools may also request capital outlay funding directly from their state legislators, ask local voters to approve a property levy, and are eligible for matching funds from the state if a minimum level of funding is not met. Charter schools are also eligible to receive funding generated through a district-imposed local tax for maintenance and renovation, among other things. In addition, the Public School Capital Outlay Program offers lease payment assistance grants to charter schools.
Charter schools have access to 3 facilities-financing programs administered by the Capital Outlay Bureau and are entitled to tax-exempt financing through the New Mexico Financing Authority as well as through county governments for school bonds. In addition, the school district in which a charter school is located must provide a charter school with available facilities for the school’s operations unless the facilities are being used for other educational purposes. In addition, an agreement for the use of school district facilities by a charter school may provide for reasonable lease payments.
Citations: N.M. Stat. Ann. § 22-24-1 et seq.; N.M. Stat. Ann. § 22-25-1 et seq.; N.M. Stat. Ann. § 22-26-1 et seq.; N.M. Stat. Ann. § 6-21-1; N.M. Stat. Ann. § 4-59-1; N.M. Stat. Ann. § 22-8B-4
|New York||Direct funding:|
Through the Charter School Stimulus Fund, charter schools can receive grants for facility construction, renovation, financing, leasehold improvements and other facility-related expenses.
The New York City School District must provide charter schools in need of space and requesting co-location in a public school building a co-location site in a public school building at no cost, or offer space in a privately owned or other publicly owned facility at the expense of the school district and at no cost to the charter school. If an appropriate public school space is not available to a charter school, the city school district must pay the charter school the lesser of either the actual rental cost of an alternative privately owned space or 30% of the charter school's basic tuition for the current school year multiplied by either the charter school's current year enrollment in the case of new schools, or the positive difference of the charter school's enrollment in the current year minus the charter school's enrollment in the school year prior in the case of schools expanding their grade levels. The space must be reasonable, appropriate and comparable and in (or within reasonable proximity to) the community school district to be served by the charter school. Charter schools can contract with a school district or the governing body of a public college or university for the use of a school building and grounds and the operation and maintenance thereof.
Citations: Direct funding: N.Y. Fin. Law § 97-sss Other funding: N.Y. Educ. Law § 2853 http://www.newyorkcharters.org/operate/grant-opportunities/; N.Y.
|North Carolina||Direct funding:|
At the request of a charter school, local school boards must lease any available building unless the local school board can demonstrate that the building is practically or economically infeasible or the local board does not have adequate classroom space to meet its enrollment needs. Local school boards may also provide facilities free of charge, but charter schools are responsible for maintenance of and insurance for the school facility.
Charter schools have access to tax-exempt financing through the North Carolina Capital Facilities Finance Agency.
Citations: N.C. Gen. Stat. Ann. § 115C-218.35
A per-pupil facilities aid allowance is included in the state allocation. In addition, high-performing charter schools have access to grants for facilities-related costs through the Community School Classroom Facilities grant program
Subject to legislative appropriation, charter schools may use loans guaranteed under the Facilities Loan Guarantee Program to acquire, improve, or replace classroom facilities. When a school district decides to dispose of property, it must first offer that property for sale to the governing authorities of certain start-up charter schools and the board of trustees of any college-preparatory boarding school that are located within the territory of the school district at a price that is not higher than the appraised fair market value of that property. If more than one community school governing authority or college-preparatory boarding school board of trustees accepts the offer the board must sell the property to the governing authority or board that accepted the offer first. Statute also created the Community School Revolving Loan Fund, consisting of federal moneys allocated to the state for the development and operation of community schools. The department of education may make loans from this fund to the governing authority or sponsor of any start-up community school, to pay the costs associated with any provision of the school's contract.
Citations: Direct funding: OH 2019 HB 49, Section 265.330 (https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-49); FY 2019 Community Schools Funding Components (http://education.ohio.gov/Topics/Finance-and-Funding/School-Payment-Reports/State-Funding-For-Schools/Community-School-Funding/FY-2019-Community-Schools-Funding-Components); OH 2015 HB 64 (https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-64); Community School Classroom Facilities Grant - Round 3 (https://ofcc.ohio.gov/Services-Programs/Grants/Community-School-Classroom-Facilities-Grants-Round-3) Other funding: Ohio Rev. Code Ann. § 3318.50; Ohio Rev. Code Ann. § 3313.41; Ohio Rev. Code Ann. § 3314.30
The Charter School Incentive Fund provides support for costs associated with renovating or remodeling existing buildings and structures for use by a charter school. The department of education allocates per-pupil funds to match funds allocated through the federal State Charter School Facilities Incentive Grants Program. In addition, the Common School Building Equalization Fund provides aid for acquiring buildings. To qualify, charter schools have to provide matching funds of not less than 10% of the total grant. The maximum grant award is $4 million.
Charter schools are eligible for tax-exempt financing through the Oklahoma Development Finance Authority.
Citations: Okla. Stat. Ann. tit. 70, § 3-144; Okla. Stat. Ann. tit. 70 § 3-104; Okla. Stat. Ann. tit 74 § 5062.1 et seq
Charter schools must pay and/or arrange for educational facilities out of their state school funds.
Charter schools have access to bond financing facilities assistance through the Oregon Facilities Authority. Upon written request from a developing or operating charter school, school districts and other public bodies must list vacant or unused buildings or portions of buildings suitable for charter school use. Building owners have no obligation to sell or lease facilities to charter operators.
Citations: Direct funding: Oregon Department of Education Charter School Handbook (2013), page 9: https://www.osba.org/-/media/Files/Resources/Board-Operations/final5-23-2013csphandbook.docx?la=en; Other funding: Or. Rev. Stat. Ann. §289.125; Or. Rev. Stat. Ann. § 338.045
Charter schools leasing buildings or portions of buildings receive an annual lease reimbursement. The reimbursement amount is the lesser of the charter school’s annual lease payment or $160 per-pupil for elementary schools, $220 per-pupil for secondary schools and $270 per-pupil for area vocational-technical schools.
Charter schools have access to tax-exempt financing through the State Public School Building Authority for construction and improvement of facilities, and can apply for bond financing through local industrial authorities.
Citations: 24 Pa. Cons. Stat. Ann. § 25-2574.3; 24 P.S. § 791.4
|Rhode Island||Direct funding:|
District-sponsored schools can access state aid for reimbursements of facilities costs. Independent charter schools and mayoral academies can seek reimbursements for up to 30% of their expenses.
Charter schools have access to tax-exempt financing through the Rhode Island Health and Educational Building Corporation.
Citations: R.I. Gen. Laws Ann. § 16-77.1-5; R.I. Gen. Laws Ann. § 45-38.1-4
|South Carolina||Direct funding:|
Charter schools have access to loans through the Charter School Facility Revolving Loan Program for costs related to the construction, purchase, renovation and maintenance of facilities.
Charter schools have access to tax-exempt financing through the South Carolina Jobs-Economic Development Authority. In addition, the state department of education must make available, upon request from an existing charter school or charter school applicant, a list of vacant and unused portions of buildings that are owned by school districts in the state and that may be suitable for the operation of a charter school. The owner of a building on the list is not required to sell or lease the building or a portion of the building to a charter school. However, if a school district declares a building surplus and chooses to sell or lease the building, a charter school's board of directors or a charter committee operating or applying within the district must be given the first refusal to purchase or lease the building under the same or better terms and conditions as it would be offered to the public. Charter schools are exempt from state and local taxation, except the sales tax, on their earnings and property whether owned or leased.
Citations: S.C. Code Ann. § 59-40-170; S.C. Code Ann. § 59-40-175; S.C. Code Ann. § 59-40-140
A per-pupil facilities aid allowance is included in the state allocation. In addition, districts must include in the local share of funds paid to a charter school the required district match for capital outlay.The public charter school facilities program was established in 2017 to provide grants and loans to fund facilities improvements, lease agreements, and property purchases. The program is administered by the commissioner of education.
Charter schools have access to tax-exempt financing through the Tennessee Local Development Authority. School districts are required to submit a list of all underutilized and vacant properties to the department of education and the comptroller of the treasury. The department must make a district’s list available to any charter school operating in the district or any sponsor seeking to establish a charter school. Districts with underutilized and vacant properties must make the properties available for use by charter schools operating in the district, subject to a lease agreement.
Citations: Tenn. Code Ann. § 49-13-136; Tenn. Code Ann. § 49-13-112; Tenn. Code Ann. § 4-31-101,-119; Tenn. Code Ann. § 49-13-144
Charter schools have access to bonds guaranteed by the Permanent School Fund. Open enrollment charter schools also have access to facilities-related financing assistance through a credit enhancement program and through the Public Finance Authority. The board of trustees of an independent school district that intends to sell, lease, or allow use for a purpose other than a district purpose of an unused or underused district facility must give each open-enrollment charter school located wholly or partly within the boundaries of the district the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the board of trustees, before offering the facility for sale or lease or to any other specific entity. The board of trustees of a school district is not required to accept an offer made by an open-enrollment charter school. Districts cannot require conversion charter schools to pay rent for or to purchase a facility in order to use the facility.
Citations: Tex. Educ. Code Ann. § 12.135; Tex. Educ. Code Ann. § 45.301; TEC § 53.351; Tex. Educ. Code Ann. § 11.1542 thru 1543
Of the per-pupil funding provided to charter schools, 10% is designated for facilities-related costs.
Charter schools have access to loans through the Charter School Revolving Account for construction, renovation and equipment and to tax-exempt financing from the Utah Charter School Finance Authority for facilities-related costs. The Charter School Credit Enhancement Program allows charter schools to obtain favorable financing by providing the state’s moral obligation and a means of replenishing a qualifying charter school’s debt service reserve fund.
Citations: Utah Code Ann. § 53F-2-702; Utah Code Ann. § 53F-2-704; Utah Code Ann. § 53F-9-203; Utah Code Ann. § 53G-5-602; Utah Code Ann. § 53G-5-606
The Virginia Small Business Financing Authority can issue bonds to charter schools for facilities-related costs. In addition, charter schools cannot be charged rent for space deemed available in school division facilities. All other costs for operation and maintenance are subject to negotiations between the charter school and the school board.
Citations: Va. Code Ann. § 2.2-2279; Va. Code Ann. § 22.1–212.6(D)
Charter schools are eligible to receive state funding for school construction. However, the appropriations may not be made from the common school construction fund.
Charter schools have the right of first refusal to purchase or lease any closed or unused facility placed on the market from the local school district. Additionally, charter schools may negotiate and contract with a school district, a college or university, or any other public or private entity for a facility at fair market rent.
Citations: Wash. Rev. Code § 28A.710.230
|West Virginia||Direct funding:|
County boards of education are required to make facilities that are unused, in whole or in part, available to charter schools for use. The county board may not charge over market value for the lease, but may charge less than market value. During the lease, the charter school governing board is responsible for expense associated with operation.
Citations: W. Va. Code, § 18-5G-12
Unused Facilities: The City of Milwaukee can sell or lease city-owned properties used for school purposes that have been deemed unused or underutilized for at least 12 consecutive months. Upon adoption by the common council of the resolution to approve the sale or lease of the property, the Milwaukee school board is required to provide the common council and city employees and agents copies of all documents related to the property and access to and entry into the property for purposes related to the sale or lease.Bonds: Charter schools have access to tax-exempt financing through the Wisconsin Health and Educational Facilities Authority and the Wisconsin Public Finance Authority.
Citations: Wis. Statutes § 119.60; Wis. Statutes § 119.61; Wis. Stat. Ann. § 231; Wis. Stat. Ann. § 66.0304
Funds for major building and facility repairs and replacements are distributed based on square footage computations for each school district. A school building or facility that is owned by a school district and used for operating a charter school qualifies to receive its proportionate share of the district’s funding under this program.
Charter schools are not required to pay rent for space which is deemed available, as negotiated by contract, in school district facilities. All other costs for the improvement, modification, operation and maintenance of the facilities used by the charter school are subject to negotiation between the charter school and the district board.
Citations: Wyo. Stat. Ann. § 21-15-109; Wyo. Stat. Ann. § 21-3-304