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Bill to align charter-school immunity with school districts gets support from counsel but remains pending
Summary
House Bill 46 87 would codify governmental immunity for two categories of charter schools. Proponents told the committee the change would align statutory language with case law and not expand existing protections; members asked about insurance and a separate bill that would limit immunity.
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Senator King laid out House Bill 46 87 to the Senate Committee on Education and explained the bill would add statutory governmental immunity for charter schools organized under Subchapter C (campus or district-partnered charters) and Subchapter G (adult charter high schools), aligning those statutes with existing case law and the language already in statute for traditional districts and open-enrollment charters.
Justin Wood, counsel with Shulman, Lopez, Hoffer and Adelstein, told the committee his firm represents charter schools and school districts and that the bill “simply codif(ies) governmental immunity for these two classes of charters” and mirrors language already in statute for school districts and open-enrollment charters. Wood said the bill “does not grant these charters any greater rights or privileges … or any other immunity than already exist for their traditional charter and school district counterparts.”
Senator Menéndez asked whether the bill would conflict with another agenda item that would remove some immunity from traditional public schools; Wood said both bills could coexist and that the legislature can limit governmental immunity in other contexts. Committee members also asked about liability coverage and whether charters carry insurance similar to school districts; Wood said coverage is typically similar and offered to provide specifics on request.
No members of the public requested to testify. Public testimony closed and House Bill 46 87 was left pending for further consideration.
