Subchapter D - Eligible Entities
For an applicant to be approved by the Commissioner of Education to operate a Subchapter D open-enrollment charter, the applicant must qualify as an "eligible entity" as defined in Texas Education Code, §12.101. The types of entities eligible to hold a Texas open-enrollment charter are as follows:
- Institutions of higher education;
- Private or independent institutions of higher education;
- Organizations that are exempt from taxation under Section 501(c)(3) of the Internal Revenue Code; and
- Governmental entities.
Churches and other faith-based organizations are not eligible to apply for a charter. Only applicants that have established a separate, nonsectarian organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code are considered eligible applicants.
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).
Applying for a Subchapter D Open-Enrollment Charter
At this time the application cycle is closed and applications for charter are not being accepted. The release of the next charter Request for Application (RFA) will be announced on this site, and in the Texas Register. You may also choose to sign up to receive an electronic announcement of the RFA’s release.
The release date of the next RFA has yet to be determined; but it is anticipated to be available in the late fall of 2014 with a submission date of late February 2015. The awarded charters will begin serving students in the fall of 2016.
***Be advised that the application cycle for Generation 19 is now closed. The Application and Guidelines below remains as reference material only.***
- Application and Guidelines (PDF, 1,234 KB)
- Required Resources and Information
- Mandatory Applicant Information Sessions
- The applicant information sessions for Generation 19 were conducted on Friday, February 7, 2014 and Friday, March 7, 2014.
- Application Submission Date
- Nineteenth Generation Applications for charter were due to the Texas Education Agency March 27, 2014. The application cycle is now closed.
- Selected Laws and Rules Applicable to Open-Enrollment Charters
- Additional Information
- Applicants intending to apply as nonprofit corporations exempt from taxation under Section 501(c)(3) of the Internal Revenue Code MUST have tax exempt status established and the determination letters from the Internal Revenue Service included in the application submissions.
- Be advised that the process of establishing a nonprofit entity is completed directly with the Internal Revenue Service and is a lengthy process. A 501(c)(3) determination letter must be submitted with the application in order for the application to be found complete.
- Please note: An application must accurately describe an education program that is unique to the applicant. An application that plagiarizes or copies any other application will be presumed to not meet this standard.
If you have questions relating to the RFA and/or the application process, please contact the Division of Charter School Administration at (512)463-9575.