Fast Facts:

Law enacted: 1995

Most recently amended: 2021

Number of charter schools: 921

Number of charter students: 404,100

Cap on the number of schools allowed: No cap on charters, but on enrollment in specific districts.

Virtual charters allowed: Yes

Charter Law Analysis:

AUTHORIZERS: Local school districts and the State Commissioner of Education are the only authorizers. Additionally, the state commissioner must notify the state board of education of each school he or she intends to authorize, and the board can overturn that decision by majority vote. There are four types of charter schools allowed in Texas: 1) Home-rule School District Charters, but there are none. 2) Campus Program Charters -- school districts authorize and oversee these schools. 3) Open-enrollment Charters -- most charters in Texas fall under this category, which the commissioner authorizes as well as 4) Junior College Charters which allow public colleges and universities to start charter schools. There is no appeals process for any type of school.

GROWTH: Texas caps the number of open enrollment charter schools at 305 but does not cap the number of schools a charter operator can open. There is no cap on the number of university charter schools allowed. There is also no cap for open-enrollment charter schools primarily serving students with disabilities. Campus charter schools, which are approved by districts, may not collectively enroll more than 15% of the district's total enrollment during the preceding school year, with some exceptions. Growth has been steady as existing schools expand.

OPERATIONS: Charters in Texas are exempt from many rules and regulations that apply to traditional public schools, but they do not receive a blanket waiver. Additionally, charters are subject to automatic closure rules which do not always take into consideration who Charter Schools serve or their growth. In 2019, Texas passed legislation that requires the state commissioner of education to use a common application form for admission to an open-enrollment charter school. It also requires the commissioner to create a waiting list of applicants to charter schools and make it publicly available.

EQUITY: The law provides a funding formula for open-enrollment charters but no formula for district-authorized charters. The funding formula is based on the average daily attendance of students. The Foundation School Program (FSP) is the source for the funds. Open-enrollment charters are entitled to funds from the state agency or state commissioner in the form of grants. The state does not provide per pupil facilities funding for charter schools, though it does provide per-pupil funding for charter schools operating pre-k programs, and transportation funding is available but not automatically provided. The Attorney General can approve tax-exempt charter school bonds, outlawing the previous authority held by municipalities, which had the potential to prevent charters from expanding by withholding tax-exempt status.

Fast Facts:

Number of programs: 1

Statewide participation: N/A - New Program

Types of programs: Education Savings Account

Choice Laws & Analysis:

Education Savings Account
Education Savings Account Program
Law Enacted: 2025
Most Recently Revisited: N/A
Set to launch in the 2026–27 fiscal year, Texas’ first —and the nation's largest day-one education freedom account program — Education Savings Account (ESA) program marks a major step forward for school choice. With an initial $1 billion in funding, the program is designed to serve approximately 100,000 students, or about 2% of the state’s K–12 population. Eligible families will receive $10,000 per student annually (about 85% of Texas' average per-pupil spending) to use for approved educational expenses, including private school tuition, homeschooling costs, educational therapies, tutoring, and standardized test fees. Students with disabilities are eligible for up to $11,500—or full entitlement funding up to $30,000—depending on their level of need. The program is open to U.S. citizen students from families earning up to 500% of the federal poverty line (around $156,000 for a family of four), without requiring prior public school attendance. Priority is given to students with special needs, those from low-income households, and siblings of participating students. Homeschooling families may receive $2,000 per student. Participating private schools must be accredited, have been in operation for at least two years, and administer state-approved assessments, though parents retain the right to choose the best educational fit for their child. While not formally phased in, the legislation includes provisions requiring the state comptroller to monitor enrollment and waitlist data to inform future funding needs. Designed to be functionally universal over time, this program represents a significant expansion of educational freedom for Texas families.

USE OF STUDENT DATA IN EVALUATING TEACHER PREP

"In Texas, student growth will be measured by a beginning teacher's STAAR Progress Measure, which is published at the institutional level in the Accountability System for Educator Preparation (ASEP) reports."

This is just one indicator from The National Council on Teacher Quality, which collects and analyzes states on how well their policies and practices lead to well-prepared teachers. They collect data on state laws and regulations concerning the preparation of teachers, the policies that govern their oversight and the contracts that guide their employment. Learn more about your state here.