Helping Michigan compete to receive up to $400 million from the $4.35 billion “Race to the Top” federal incentive program, the Michigan legislature on Saturday, December 19, 2009 passed five bills to expand high quality public charter schools, provide alternative administrator and teacher certification, link student performance data to teacher effectiveness, and mandate state intervention for the persistently lowest-achieving schools.

The cornerstone of the legislative package was the nation’s first “Smart Cap” on public charter schools.  Michigan becomes the first state in the nation to go beyond simply the “quantity” of charter schools and focus on “quality” charters.  For the first time, those existing charter schools that deliver exceptional academic success, especially those with high achievement among at-risk students, will have the opportunity to become “Schools of Excellence” under the legislation, which will allow for the replication of additional high-quality charter schools and will attract the nation’s best charter school models.

Existing charters that become “Schools of Excellence” will no longer count against the legislative cap of 150 university-authorized charter schools.   A limited number of new applicants, and cyber-charter schools, will also be allowed to open under the legislation.

Much of the credit for the new “smart cap” goes to Sen. Buzz Thomas (D-Detroit), the primary bill sponsor, and Sen. Wayne Kuipers (R-Holland), Chair of the Senate Education Committee.  Through their strong bi-partisan leadership, Michigan has made a significant contribution to the on-going policy debate regarding the proper place of public charter schools in the education landscape.  Congrats and kudos to these two key public servants!!

Additionally, the state will  be developoing a systemic program to intervene in the those schools meeting the new federal definition of ““persistently lowest-achieving schools” (Those failing to reach AYP for 2 consecutive years; are among the lowest 5% of the state in academic achievement; and/or is a high school with a graduation rate less than 60%).

SB 981 (Kuipers) is the charter expansion bill.