The 200th District Court recognized parallels in the various claims of the six different groups of plaintiffs suing the state over the constitutionality of the public school funding system and ordered that all claims, including the charter schools` claim, be consolidated, and so the process of massive school funding began on October 22, 2012. The charter school`s claim is the latest plaintiff to present evidence to the court, which is expected to be the case by the end of January. Hopefully, this historic decision by the charter sector to join the voice of schools seeking adequate funding from public schools will lead to a victory for all public schools and force the Texas legislature to take action to correct all inequalities in state funding. Form IrS 990 is an annual information statement that most organizations applying for tax-exempt status must file annually. Read the IRS instructions for Forms 990. A charter school with open enrollment may not charge tuition, but may require a student to pay fees that a traditional school district may charge.36 An open enrollment charter school may not be allowed in its admissions policy based on gender, national origin, ethnicity, religion, the disability, academic, artistic or sporting abilities, or district that the applicant child otherwise attends. 37 Similarly, charter schools are not permitted to make an admission decision based on the child`s previous academic performance in an admission interview. An open charter school, as set out in its charter, may exclude from admission a student who has a documented history of a criminal offense, juvenile court decision, or disciplinary matters under Chapter 37, Subchapter A of the Texas Code of Education.38 If a charter school is approved for specialization in the performing arts, the school may have an audition or similar demonstration of a student`s artistic abilities. 39 These two cases – some documented misconduct and essays due to artistic abilities – are the only grounds on which a charter can deny admission to a student.
In all other cases where a charter receives a request for a free place in the school, the charter school must admit that student. We hope this introduction has given a useful introduction to the basics of charter schools in Texas. Now, more than ever, with the legal battle over school funding underway and the 83rd Texas Legislature convened, the public school sector — the traditional graphics and districts — should understand and use that understanding to collectively advance the state of public education in Texas. As representatives of the Texas Charter Schools Association, we are happy to answer any questions you may have about Texas charter schools and the role they play in the Texas public school system. The best way to get to know a charter school is to see it in action, and we recommend visiting a charter school soon. An interactive map of charter schools with open registration can be found on our website under www.txcharterschoos.org. The fourth type of charter is a charter formed by an eligible college, junior college, or university that submits an application to the state Board of Education that meets not only the financial, operational, and state standards required for an open charter school, but also certain specific academic and operational thresholds. Businesses earning less than $50,000 do not need to file either form, but must tell the IRS that they are still in business via an E-Postcard Form 990N. Under the public school system, charter schools are funded by the state.8 They are also monitored as part of the statewide testing and academic and financial accountability systems that govern mainstream public schools.9 In Texas, there are actually four different types or “classes” of charters.10 Each type is very different, in particular with regard to the way in which the charter is formed and regulated. The Texas Constitution, art. 8, requires certain tax exemptions and allows the legislature to take others by law. The Odyssey Court stated that the Constitution “does not allow an exemption for leased property that is private property but is legally considered public” and that “ownership of leased property determines tax liability and the right to exemption.” 58.
Tex. Educ. Code § 39.102. The Commissioner may also review the records of the charter holder if they are different from those of the open charter school and the records of the management society of an open charter school. Tex. Educ. Code § 12.1163. However, for other purposes and laws, schools must rely on the opinions of the Texas Attorney General, a court order, or, failing that, the advice of appropriate legal counsel to determine whether a charter school with open enrollment as a government agency is acting under a particular state or federal law.
The Attorney General has determined that the board of directors of an open-enrollment charter school is not a “state entity” authorized to establish a mandated police force.55 In addition, a Texas court of appeals has ruled that open-enrollment charter schools are not “government entities” within the meaning of the Texas Whistleblower Act.56 For many purposes, including federal legal or constitutional responsibility under 42 U.S. C. § 1983 and the Texas Pay Day Act, for example, remain an open question. Unlike traditional public schools, Texas charter schools must meet the specific requirements set out in their charter and comply with Chapter 12 of the Texas Code of Education and Chapter 100 of Title 19 of the Texas Administrative Code. Open enrollment charters that are 501(c)(3) nonprofits have the additional requirements of Chapter 22 of the Texas Business Organizations Code and Internal Revenue Service regulations required to maintain the federal tax exemption.52 These obligations apply only to open enrollment charter schools and, in addition to state and federal educational requirements, create a chartered public school must meet an additional level of compliance. 1. Data on the number of charter schools in Texas, compiled from the Texas Education Agency`s 2012 ASK TED report, available here: mansfield.tea.state.tx.us/TEA. AskTED.Web/Forms/SearchScreen.aspx?orgType=State.
If an open enrollment charter school receives more applications than available places, state law requires the charter to admit students in the order in which applications are received or conduct a random lottery.40 However, if a charter school with open enrollment receives federal funding through the U.S. Department of Education`s Charter Schools Program, a random lottery is absolutely necessary.41 After a student`s enrollment, the student`s enrollment does not end until the student withdraws, has completed the required program of the school, or is excluded in accordance with the school`s student code of conduct.
