Focus Report, Volume 87, Number 4, November 2021 Page: 8
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Page 8 House Research Organization
During the regular session of the 87th Legislature,
the Senate passed SB 487 by Hughes, which would have
required municipalities to consider a charter school to
be the same as a school district for purposes of zoning,
project permitting, utility services, signage, fees, and
other regulations related to land development. The
bill would have prohibited a political subdivision from
taking any action that prohibited a charter school from
operating a public school campus that it could not take
against a school district. The bill died on the House floor
after a point of order was raised and the House sponsor
postponed consideration of the bill until after the end
of the legislative session. A similar bill, HB 1348 by
Deshotel, also died on the House floor.
Supporters oflegislation requiring
cities to treat charter schools the same
as district schools for zoning purposes
say action is needed to prevent
cities from putting up unnecessary
hurdles, including those related
to traffic and signage, that could
significantly increase facilities costs
for charter schools and limit their
ability to serve Texas schoolchildren. Charter schools
are public schools and should not be forced to spend
extra time and money attempting to open new campuses
in their chosen locations, supporters say. They say the
Legislature should create a level playing field by requiring
cities to consider a charter school a school district for
purposes of zoning, permitting, code compliance, and
development. Such a law would not remove the authority
of local officials to review proposed charter school
locations, supporters say, but would require those officials
to follow the same processes or procedures they use in
reviewing school district construction.
Critics oflegislation requiring cities to treat charter
schools the same as district schoolsfor zoningpurposes say
local permitting processes are necessary to ensure that
campuses are placed in safe and appropriate locations.
They say local officials and residents are in the best
position to know about neighborhoods and traffic
patterns, issues that are important when any new school
is being opened. Municipal zoning hearings also provide
a level of transparency for new charter campuses, which,
unlike school districts, are not required to have new school
construction approved by elected school board members
and construction bond funding approved by district
voters, critics say.Data reported to T
American and Hisp
up a higherpercentag
charter schools than
schoolcampuses overCharter school operations
Charter schools by law operate differently from district
schools in the way they admit and discipline students.
Charter schools also have different governance structures
and requirements for teacher qualifications and pay.
Student admissions. An open-enrollment charter
holder is limited by its performance contract with TEA
to enrolling a certain number of students in its approved
grade levels who live within the charter school's approved
geographic boundaries. If student applications exceed
a charter school's available positions, the charter must
follow the steps outlined in its admission and enrollment
policy to conduct a lottery for open
showAfrican- slots. Although Texas law allows a
charter school to fill positions in the
inic students make order in which they were received
ge students at if it publishes a notice of the
they do at public opportunity to apply for admission,
call. eligibility for federal Charter School
Program grants requires a school to
use a lottery.
Charter schools may not discriminate in their
enrollment policy, although a charter specializing in
performing arts may require an audition. Once students
are selected for the available positions, the charter school
begins its enrollment process, which may include requests
for student records from a previous school.
Student demographics. Data reported to TEA show
African American and Hispanic students make up a higher
percentage of students at charter schools than they do at
public school campuses overall. The combined enrollment
of African American and Hispanic students is about 80
percent at charter schools and about 66 percent at public
schools overall. The situation is similar with economically
disadvantaged students, who make up 71 percent of
students at charter schools compared to 60 percent at
public schools overall, and English learners, who make up
about 29 percent at charter schools compared to about
21 percent at public schools overall. Charter schools
serve about 3 percent fewer students designated to receive
special education services than do all public schools.
Waiting lists. Lawmakers in 2019 enacted SB 2293
by Fallon to require TEA to collect data on waiting lists
maintained by charter schools. Since the 2020-2021Page 8
House Research Organization
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Texas. Legislature. House of Representatives. Research Organization. Focus Report, Volume 87, Number 4, November 2021, periodical, November 1, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1507625/m1/8/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.