Charter Schools - Forming a Charter FAQ
This page contains frequently asked questions related to forming a charter school in Texas.
1. What is the process for obtaining a charter for an open-enrollment charter school?
2. Who may be granted an open-enrollment charter?
3. May a church or religious organization operate an open-enrollment charter school?
4. Is there an appeal process for applications that are denied?
- What is the process for obtaining a charter for an open-enrollment charter school?
The State Board of Education requests applications for open-enrollment charters once per year. An eligible entity (i.e., an institution of higher education, a governmental entity, or a non-profit corporation that has tax exempt status under section 501(c)(3) of the Internal Revenue Code) must submit an application by the deadline designated by the State Board of Education. For more specific details on the current cycle, please contact the Texas Education Agency's Charter School Division or refer to the Charter School Division's web page to view the most recent application.
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- Who may be granted an open-enrollment charter?
The State Board of Education may grant an open-enrollment charter to one of the following types of entities: an institution of higher education; a governmental entity; or a non-profit corporation that has tax exempt status under section 501(c)(3) of the Internal Revenue Code.
A majority of the open-enrollment charters that have been granted are held by non-profit corporations; however, several open-enrollment charters have been awarded to universities and governmental entities. (Note: Public senior colleges and universities may also apply for college or university charters under Chapter 12, Subchapter E).
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- May a church or religious organization operate an open-enrollment charter school?
Churches and other faith-based organizations are not eligible to apply for a charter. Therefore, only an applicant that has established a separate, nonsectarian organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code is eligible to operate a charter.
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- Is there an appeal process for applications that are denied?
No. The State Board of Education's decision to deny an application for open-enrollment charter is final and not reviewable.
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*The information in this document is intended to provide nonregulatory guidance relating to charter schools and should not be construed as TEA rules.
If you have any questions about the information on this page, contact the Division of Charter School Administration at (512) 463-9575.
Division of Charter School Administration
1701 North Congress Avenue
Austin, TX 78701
Phone: (512) 463-9575
Page last modified on 12/12/2012.