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Bill would codify governmental immunity for two charter school categories; lawyer says it mirrors existing law

3446461 · May 22, 2025

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Summary

House Bill 46 87 would extend statutory governmental immunity to campus‑program charters and adult charter high schools, aligning those subchapters with existing immunity codified for open‑enrollment charters and school districts, an attorney said in invited testimony. The committee took public testimony and left the bill pending.

Sen. King laid out House Bill 46 87, saying the bill would ensure certain categories of charter schools receive the same statutory governmental immunity as traditional school districts and open‑enrollment charter schools.

Justin Wood, a lawyer with Shulman Lopez Hoffer & Adelstein, testified in support and said the bill “simply codif[ies] governmental immunity for these two charter classes” by mirroring language already in statute for school districts and subchapter D charters. Wood told the committee this change reflects how courts have treated immunity and does not expand rights beyond existing case law.

Committee members asked whether the bill conflicted with other pending legislation that would limit immunity for traditional public schools and questioned typical insurance coverage levels for charters. Wood said the provisions can coexist and that charter schools’ exposure and coverage are similar to school districts, but said he could provide more details on typical insurance levels.

Public testimony closed and House Bill 46 87 was left pending subject to the call of the chair.