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Though charter school creation is inching forward slowly, Sen. Del Marsh, R-Anniston, said he is not worried about the pace.
"It's important that we take this time to make sure we don't make mistakes that maybe others have made," said Marsh, sponsor of the 2015 law authorizing charter schools in Alabama. He said he is optimistic that moving slowly will ensure success down the road.
But so far, only two school districts, Birmingham City and Athens City, are fully registered as charter authorizers in Alabama, and only two additional districts, Macon County and Greene County, applied before the November 1 deadline, according to the Office of Public Charter Schools at the Alabama State Department of Education.
Emily Schultz, State Manager of Policy and Advocacy for the National Alliance for Public Charter Schools, said the lack of interest by school boards is likely because there is no incentive for them to participate, adding "I don't think it's really on their radar."
Schultz has been assisting state officials with implementation of the law. Alabama was the 43rd state to authorize operation of public charter schools. The first charter school law was enacted in 1991 in Minnesota.
One way for boards to participate is by becoming a charter school authorizer, which means they set the rules, approve a charter school operator's application, and oversee accountability for any charter school operating within their district.
Sally Smith, Executive Director of the Alabama Association of School Boards has encouraged boards to become charter authorizers, stressing the amount of control they maintain if they serve as an authorizer, but recognizes there are challenges to consider.
"If there is an obstacle, it is likely the additional time and effort required to be a quality authorizer. Most school leaders' schedules are stretched to capacity already without taking on this additional challenge, and for most, hiring additional staff to focus on this effort simply is not an option," Smith said.
Alabama's charter school law is considered one of the strongest in the nation, particularly in the area of accountability.
Schultz said a board does take on a lot of responsibility when they become an authorizer. A board needs to know if a charter school is not producing the student outcomes promised in its application, and if not, what it takes to close the school.
Schultz also said that deadlines may have been confusing, but both she and Marsh are optimistic those kinks have been ironed out.
The statewide Alabama Public Charter School Commission has authority over charter schools in districts where a board chooses not to register as an authorizer.
The state commission recently approved two applications for charter school operators: one in Mobile County and one in Huntsville. The Huntsville application must be reviewed by a federal judge overseeing enforcement of a decades-old desegregation order for that city district.
The Commission also can hear appeals if a local board serving as an authorizer rejects an application.
The two existing charter authorizers released guidelines for what they are looking for from a charter operator, known as the request for proposal, or RFP, on November 1. The deadline for applications to operate a charter school in those districts is November 30.
Birmingham City Schools is looking for an operator for a dual-language immersion school.
Athens City School's RFP states it is looking for an operator who will focus on students with learning disabilities and students who are at-risk or incarcerated, though superintendent Dr. Trey Holladay told the Decatur Daily he didn't expect any charter school operators to apply.
Asked whether Alabama's implementation of charter schools is following a normal pace, Schultz said it's not possible to compare Alabama's rollout with that of other states because we have different authorizer standards.
Smith agreed, saying, "Starting slowly and taking the time to develop quality and accountability is preferable to poor planning. We do expect that with time, more school boards could consider becoming authorizers, especially as they learn important lessons from those who are now going through the process."
Marsh predicted as more people learn what charter schools offer and see them in action, the "snowball effect" will occur, and more charter schools will open.
Marsh said it's important to "start with a small amount of schools. Let's get it right."