The charter school plaintiffs requested protection for children’s constitutional rights as it relates to sufficient funding for open-enrollment charter schools and a lifting of the arbitrary cap on charters imposed by the Legislature.

  1. No facilities funding for open-enrollment charter schools results in unconstitutionally inequitable and inadequate levels of funding for students attending charter schools; and
  2. The arbitrary cap of 305 (by 2019) on open-enrollment charter school holders presents an arbitrary obstacle to the State’s ability to achieve constitutional efficiency and stymies the very efficiency charter schools were intended to promote

Nothing is more inequitable than zero.

  • Public charter schools have existed in Texas education since 1995 with no facilities funding from the state. Further, charter schools do not receive individualized adjustments for school and student characteristics like school districts receive.
  • Parents in charter schools exercised the options given by the state and chose the right school for their children to be successful. They did not choose less funding for their student.

The cap on charter schools is arbitrary especially with a waiting list of students across the state.

  • As tax-payers, Texans object to the arbitrary cap on charter schools. The Texas Constitution expressly requires that the educational system be efficient.
  • There is a waiting list of more than 100,000 students whose parents want to exercise options and cannot.