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LAW |
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Year Passed |
1995; last amended in 2007.
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Rank |
16th weakest of the nation's 40 charter laws. |
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Grade |
D |
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GENERAL DATA |
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• State board approved charter cap reached
• No blanket waiver from rules and regulations and over time, highly regulatory environment has resulted
• Lack of facilities funds are a huge challenge with few available buildings |
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MULTIPLE AUTHORIZERS - YES (2) |
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Approval |
School boards and the State Board of Education. |
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Appeal |
None |
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NUMBER OF SCHOOLS ALLOWED |
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Cap |
Yes. 215 open-enrollment charter schools, sponsored by the State Board of Education, which allows multiple campuses in state. There is no cap on charters authorized by school districts (campus charters) or university-partnered charters. |
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OPERATIONAL AUTONOMY |
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State |
Limited. Waiver requests considered on a case-by-case basis. Over the years, bills have been passed that have increased the administrative responsibilities of charter schools, forcing them to adhere to regulations not even required by conventional schools. Virtual schools are not allowed. Management contracts with ESPs are not restricted. |
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Local |
No. Waiver requests considered on a case-by-case basis. Certain government code regulations of school boards also apply to open-enrollment charter schools. |
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Teacher Freedom |
Yes for open-enrollment schools. Teachers may remain covered by district bargaining agreement, or negotiate as separate unit with charter school governing body. No for district-approved schools. Teachers remain part of district. Charter schools must participate in the state's retirement system. |
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EQUITY |
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Student Funding |
• Charter schools receive state funds based on average daily attendance, but only certain types of categorical funding.
• For district charters, funds pass through the district. For open-enrollment charters, funds pass through the state.
• Average per pupil revenue - $6,600
"A charter holder is entitled to receive for the open-enrollment charter school funding under Chapter 42 as if the school were a school district without a tier one local share for purposes of Section 42.253 and without any local revenue ("LR") for purposes of Section 42.302. In determining funding for an open-enrollment charter school, adjustments under Sections 42.102, 42.103, 42.104, and 42.105 and the district enrichment tax rate ("DTR") under Section 42.302 are based on the average adjustment and average district enrichment tax rate for the state.
(b) An open-enrollment charter school is entitled to funds that are available to school districts from the agency or the commissioner in the form of grants or other discretionary funding unless the statute authorizing the funding explicitly provides that open-enrollment charter schools are not entitled to the funding." [Tex. Educ. Code § 12.106] |
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Facilities Funding |
None |