CEDC Request 2002/05/08Robert E. Hager
E -mail: rhager@njdhs.com
Mr. Jim Witt
City Manager
City of Coppell
255 Parkway Boulevard
P. O. Box 9478
Coppell, Texas 75019
RE: Open Enrollment Charter Schools and the Coppell Development Education
Corporation Grants
Dear Mr. Witt:
May 8, 2002
You have advised us to offer a legal opinion concerning whether or not an open
enrollment charter school as incorporated under Section 12.01 et. seq. of the Texas Education
Code would qualify as a "public school" for the purposes of administering grants under the Local
Sales Tax Corporation known as the Coppell Education Development Corporation. Under the
terms of the incorporating or enabling statute grants may be made to either public and /or private
entities for the purpose of promoting and implementing programs regarding job training and
educational opportunities for an educated work force. In accordance therewith, City of Coppell
adopted such a tax and incorporated the Development Education Corporation. Under the
referendum, and the incorporation of the Education Development Corporation limited that funds
would only be expended to public institutions located within the corporate limits of the City of
Coppell. The question has arisen as whether or not an open enrollment charter school
incorporated under the laws of the State of Texas would qualify for treatment as a "public"
school.
Under the provisions of the Education Code a public school would mean those learning
institutions incorporated under the Texas Education Code. Clearly an open enrollment charter
school meets that qualification. § 12.101, TEXAS EDUCATION CODE.
The next ciiteria for a public school is whether or not the school would be funded by the
use of public funds. Under Section 12.1071 it is clear that a charter school that accepts state
funds under state funding mechanism agrees to and is subject to the requirements contained in
such grant of funds. Further to the extent that the school is precluded from using religious and/or
social status or other criteria for enrollment which is exclusionary, there appears to be no
impediment to the open enrollment charter school as being anything other than a public school.
Thus we can conclude the sum degree of certainty after reading all the provisions in 12.0101 of
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Mr. Jim Witt
May 8, 2002
Page 2
the Texas Education Code that open enrollment charter schools are considered public schools
and are governed by public as to their admissions, auditing procedures, purchasing procedure,
liability issues and funding. Thus, they have all the indicia of public school system for the
purposes of administering this educational development program shall be treated as public
schools. Such schools may make appropriate applications subject to constraints of the grant
program to the charter schools.
Thank you for your attention to this matter. If you have any questions please contact us
at your convenience.
REHIev /cdb
Very truly yours,
NICHOLS, r • ON, DILLARD,
HAOE L .P.
Bv:
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