Texas Senate Bill SB1838

Texas 2017 - 85th Regular

Caption

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

Impact

The bill directly influences how municipal authorities can engage with open-enrollment charter schools, especially regarding agreements related to land development. It mandates that municipalities enter into agreements to establish review fees and standards for land development upon request from a charter school. Additionally, it provides a procedural framework for arbitration if a municipality fails to reach an agreement within a specified time, ensuring that charter schools can add temporary classroom buildings without onerous constraints from land development ordinances. This shift could streamline processes for charter schools and potentially alleviate hurdles in securing needed physical space for educational purposes.

Summary

Senate Bill 1838 relates to the applicability of certain laws specifically concerning open-enrollment charter schools in Texas. The bill amends the Education and Local Government Codes to ensure that municipalities do not treat open-enrollment charter schools differently than traditional school districts when it comes to zoning, permitting, code compliance, and land development standards. This legislation aims to provide parity and clarity in the treatment of charter schools in relation to local governance and land use regulations.

Sentiment

The sentiment around SB 1838 appears to reflect a generally supportive outlook among advocates of charter schools, who view the bill as a necessary step in providing equal treatment under local regulations. Supporters argue that it removes barriers and arbitrary differences that charter schools faced compared to district schools, thus promoting educational access and choices for parents and students. However, there might be concerns from local governments regarding their diminished control in zoning and land use decisions, which could lead to reservations among some municipal leaders about the implications of the bill's provisions.

Contention

Controversy may arise regarding the balance of authority between state mandates and local governance, as municipalities are typically granted significant leeway in regulating land use within their jurisdictions. Critics might argue that the bill could inadvertently weaken municipal governance and limit local input on land development standards that may uniquely affect community needs. Additionally, there may be discussions around the efficacy and fairness of the arbitration process established for unresolved agreements, raising questions on whether it adequately represents the interests of both open-enrollment charter schools and municipalities.