Texas House Bill HB3800

Texas 2017 - 85th Regular

Caption

Relating to the applicability of certain laws to open-enrollment charter schools.

Impact

The implications of HB 3800 are significant as they modify the legal standing of charter schools in Texas. By codifying that charter schools are generally not considered political subdivisions, the legislation alters their responsibilities and the governance structure. This change can potentially limit the rights of charter school employees and the ability of local entities to influence their operations. Moreover, any existing bargaining contracts that charter schools may have entered into prior to the enactment of this bill will not be affected until they expire, introducing a transitional phase regarding labor relations.

Summary

House Bill 3800 proposes amendments to the applicability of certain laws in relation to open-enrollment charter schools in Texas. The bill specifies that these charter schools, which are operated by tax-exempt entities, do not automatically qualify as political subdivisions or local governments unless explicitly stated in applicable statutes. This means that many state laws may not apply to charter schools unless the law specifically refers to them, which could alter the regulatory framework governing these institutions.

Contention

The bill has attracted varying perspectives among stakeholders. Proponents argue that this legislation would enhance operational freedom for charter schools by reducing regulatory burdens that come from being classified as political subdivisions. Critics, however, express concern that this could weaken accountability and oversight over charter schools, which may lead to inconsistent educational outcomes and lesser protections for employees. The restriction of collective bargaining for teachers at charter schools may also create divides between traditional public schools and their charter counterparts.