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(a)Municipal ordinances apply. A charter holder is
subject to federal and state laws and rules governing public schools
and to zoning and all other municipal ordinances governing public
schools.
(b)When zoning ordinances do not apply. Notwithstanding
subsection (a) of this section, a charter school site located in whole
or in part in a municipality with a population of 20,000 or less is
not subject to a municipal zoning ordinance governing public schools.
(c)Notification to political subdivisions.
A political subdivision shall consider an open-enrollment charter
school a school district for purposes related to land development
standards, licensing, zoning, and various purposes and services pursuant
to the following.
(1)The governing body of an open-enrollment charter
school must certify in writing to the political subdivision that no
employee, board member or charter holder of the charter school received
any personal financial benefits from a real estate transaction with
the charter school.
(2)The open-enrollment charter school files notice
of the new property location within 10 business days of the completing
the purchase or lease of real property for that location to the Texas
Education Agency division responsible for charter schools and the
division will notify the following within 10 business days:
(A)the superintendent and the board of trustees of
each school district from which the proposed location is likely to
draw students, as defined in §100.1013 of this title (relating
to Notification of Charter Application); and
(B)each member of the legislature that represents
the geographic area to be served by the location, as defined in §100.1013
of this title.
(d)Charter school related purposes.
An agreement between a municipality and an open-enrollment charter
school may require that any revised land development standards can
only apply while the property is used for charter school related purposes
and that any property in use subject to open-enrollment charter school
land development standards must become compliant with all applicable
non-school commercial development regulations after the closure or
relocation of the charter school.
The agency certifies that legal counsel has reviewed
the proposal and found it to be within the state agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 4, 2024
TRD-202400954 Cristina De La Fuente-Valadez
Director, Rulemaking
Texas Education Agency
Earliest possible
date of adoption: April 14, 2024
For further information, please call: (512) 475-1497
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