Texas

NCAI Region: Southern Plains

Total Population: 25,145,561

Native American Population: 315,264

Native American Reservation Population: 1,527

Percentage of population: 1.3%

Number of Tribes: 3

State Public Education Department: Texas Education Agency

State Average Per Pupil Funding: $8,485

Charter Support Organizations: Texas Charter Schools Association

Year Charter Law Enacted: 1995

2020 Model Law Ranking: 29

Estimated Number of Charter Schools: 834

Estimated Number of Charter Students: 357,217

From 2018-19, Texas law provides $60 million in annual facilities funds to charter schools that have received at least an acceptable rating within the state’s accountability system. This approximates to $200 per student (based on average daily attendance).The New Instructional Facilities Allotment, subject to annual appropriations by the state legislature, provides to public school districts and open-enrollment charter schools operational expenses associated with constructing new instructional facilities that meet the requirements of the statute and rules. Reimbursement is for up to $1,000 per student in average daily attendance in the first two years of operation, but generally are prorated due to limited available funds. The program is capped in statute at $100 million per year. $62.13 million was made available for 2019-20.
Texas law requires a local school board that intends to sell, lease, or allow use of an unused or underused district facility to give each open-enrollment charter school located wholly or partly within its boundaries the opportunity to make an offer to purchase, lease, or use the facility, as applicable, in response to any terms established by the local school board, before offering the facility to any other specific entity. The law does not require the local school board to accept an offer made by an open-enrollment charter school.
Texas law provides that a local school district may not require a charter school to pay rent for or to purchase a facility in order for it to use the facility.
Texas law provides that open-enrollment charter schools may access revenue bonds from the Texas Public Finance Authority Charter School Finance Corporation for the acquisition, construction, repair, or renovation of educational facilities.
Texas law allows open-enrollment charter schools that have an investment grade rating and meet certain financial criteria to apply to have their bonds guaranteed by the Permanent School Fund. The amount of the Permanent School Fund guarantee available to charters is limited to the percentage of the number of students enrolled in open-enrollment charters. Such backing would result in charter bonds being backed by the full, faith, and credit of the state, putting charter schools more on par with school districts and allowing most charters to achieve AAA rating.
The Texas Credit Enhancement Program (TCEP) for Texas open-enrollment charter schools was established to provide a guarantee fund for issuing tax exempt revenue bonds to provide financing for the acquisition, construction, repair, or renovation of Texas charter school facilities, including refinancing of facilities debt within federal program guidelines. A consortium of Texas entities was awarded a federal grant to create the guarantee fund. The consortium consists of the Texas Public Finance Authority Charter School Finance Corporation (CSFC), the Texas Charter Schools Association (TCSA), and the Texas Education Agency (TEA).