TEXAS

Lisa Studness & Valerie Wrenholt

Background Information
        In 1995, the Texas educational code was rewritten by the 
Senate Education Committee.  The 1,088 page document offered 
"'a veritable smorgasbord'" of educational options to update 
the current public school system (Walt, Houston Chronicle, 
Feb. 10, '94).  One of the components of the document is a 
bill which would allow for the creation of charter schools in 
the state.
        Opponents of the charter schools bill fear that the 
initiation of charter schools will lead to more racial, 
socioeconomic, and academic segregation than currently exists 
in the public school system.  Magnolia McCullogh of Dallas 
fears that charter schools would "resegregate" Texas.  She 
fears that charter schools could be "another way to get rid 
of African-American males"  (Walt, Senate Panel..., 1A). 
There is currently a federal desegregation rule which 
prohibits the state from making any changes resulting in 
changing the racial makeup of a district by more than one 
percent, but charter schools could potentially upset this 
court mandated balance by radically shifting racial 
populations.
        Another major concern in Texas is how much local control 
should be given to districts.  Eric Hartman of the Texas 
Federation of Teachers stated this concern when he said, "We 
had local control for 140 years and in that time Texas 
schoolchildren's performance was at the bottom level" (Walt, 
Senate Panel..., 1A).  Under the charter school bill most 
decisions would be given to local districts.  This local 
control would allow for greater innovation by charter schools 
in approved home school districts.  These innovations would 
be expected to bolster student performance.  The trade off 
would be delivered academic results in exchange for greater 
local control.
        The Houston Independent School District school board, 
the Texas Business and Education Coalition, and many 
professional organizations support charter schools, although 
their support includes many stipulations regarding who has 
the authority to grant charters, who will be eligible to 
receive charters, and what state laws will be waived for 
charter schools.

Legislation
        The Texas education reform bill, a component of which is 
charter schools, is supported by both the House of 
Representatives, the Senate, and Governor George Bush.  The 
two houses began meeting April 10, 1995, to reach a 
compromise regarding their respective education reform bills.  
If the houses successfully reach a compromise and the bill is 
signed by the Governor, as is expected, charter schools would 
be allowed in Texas.
        Texas charter schools would be free of most state 
restrictions, but would not be granted complete autonomy.  
Under the Texas bill, charter schools could be created by 
anyone, but would then be subject to local school board 
approval.  Charter schools could only be formed in home-rule 
districts.  These home rule districts would be distinct 
entities from general and special districts.  The designation 
as a home-rule district would have to be approved by at least 
five percent of the district's registered voters or at least 
two thirds of the school board.
        Home rule charters would still be bound by some state 
mandates including minimum standards for students and no 
tolerance policies toward drugs and violence on campus.  
Schools would also be prohibited from any type of 
discrimination on the basis of gender, national origin, 
ethnicity, religion, disability, or academic or athletic 
ability.  Charter schools would be required to follow federal 
guidelines regarding special education and bilingual 
programs.

Conclusion
        Senator Bill Ratliff probably best summed up charter 
school legislation in Texas when he said, "'I think generally 
people are favorable to the idea (of charter schools).  I 
think the devil will be in the details as to what things they 
(the Legislature) allow the charter schools to do'" (Markley, 
The Houston Chronicle, Dec. 18, '94).  If the current debates 
regarding class size caps in grades kindergarten through four 
and restrictions regarding the Texas' no pass, no play 
regulation are solved by the Legislature, charter schools may 
be created in Texas.  Although under the past Texas education 
bill there was no explicit provision which would not allow 
for the creation of charter schools, the passing of the Texas 
charter school legislation is hoped to stimulate charter 
school creation.  "There is a keen interest in charter school 
status and relief from state mandates; a similar TEA (Texas 
Education Association) program, The Partnership School 
Initiative, drew applications from 2,000 schools (99 were 
granted)"  (Overview...). Texas is currently seeking major 
changes and innovation in education and many Texans view 
charter schools as a initial solution to a better educational 
system.