Texas 2023 - 88th Regular

Texas Senate Bill SB472

Filed
1/17/23  
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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

Impact

If passed, SB472 would significantly amend the Education Code and Local Government Code, mandating that charter schools operate under the same zoning and local development standards as public school districts. This would require municipalities to grant charter schools the same approvals and processes that are afforded to school districts, thereby streamlining administration and potentially increasing the establishment of charter schools in areas where they might face local opposition. The bill aims to enhance educational opportunities and access for students while also addressing inequalities that have been evident in the differing treatment of charter versus public schools.

Summary

Senate Bill 472, introduced by Senator Hughes, aims to ensure that open-enrollment charter schools are treated equally under local government laws, particularly in the areas of zoning, permitting, and land development standards, in comparison to traditional public school districts. The bill emphasizes the need for parity in treatment to facilitate the functioning of charter schools within local jurisdictions, establishing that certain laws applicable to conventional public schools must also apply to charter institutions. It intends to eliminate barriers that may prevent the effective operation of these schools, reflecting a growing trend that favors equitable treatment of various educational entities.

Sentiment

The sentiment around SB472 has been mixed. Proponents, including representatives from various charter schools, express that the legislation promotes fairness and acknowledges the role of charter schools as integral components of the public education system. They argue that the bill will facilitate growth and support educational choices available to families. Conversely, some opponents raise concerns about the potential undermining of local governance and the ability of municipalities to make decisions best suited for their communities. This contention revolves around the belief that local oversight is crucial for maintaining standard educational environments that consider specific community needs.

Contention

Debates during committee discussions revealed notable points of contention related to local control. Critics voiced apprehension that mandating equal treatment for charter schools could diminish local authority in regulating educational institutions, leading to a loss of tailored educational governance. They fear that this might result in a one-size-fits-all approach that inadequately addresses individual community circumstances, thereby fostering a conflict between state-level educational mandates and local governance priorities.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 12. Charters
    • Section: New Section
    • Section: 1058
    • Section: 1058
    • Section: New Section

Local Government Code

  • Chapter 212. Municipal Regulation Of Subdivisions And Property Development
    • Section: 902
    • Section: 902
  • Chapter 552. Municipal Utilities
    • Section: 053

Companion Bills

TX HB1707

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

TX HB983

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

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