Senate rejects bill that would lower turnout threshold for charter-school conversions

Sen. Cathy sponsored Senate Bill 65, which would change how preexisting public schools may begin the charter-application process by counting a simple majority of ballots returned rather than treating nonreturned ballots as "no." The sponsor said the bill "fixes that by using a simple majority of those who actually vote" and described the change as a procedural step that simply allows an application to be submitted to BESE for review, not an automatic conversion.

Lawmakers pressed the sponsor on potential consequences for taxpayers and on what happens to bonded indebtedness tied to school facilities. Sen. Price asked whether the bill would let a small number of returned ballots determine a school's fate; the sponsor replied that the change removes the 50% turnout requirement and that BESE's full application review — including financial scrutiny — remains the gating step. "This vote of the parents does not establish a charter school. It only allows you to submit the application to BESE," the sponsor said.

Sen. Morris offered an amendment requiring that at least 25% of enrolled pupils be represented in any election; the amendment was adopted without objection. Sen. Jackson Andrews then proposed an amendment to require a districtwide election of all taxpayers in the school district before a conversion could proceed; that amendment was rejected in a roll-call vote (15 yeas, 21 nays). After debate and the amendments, the Senate recorded 19 yeas and 17 nays on final passage and the bill failed to pass on third reading.

The debate focused on turnout math, whether nonvoters should count as negatives under the prior rule, the role of BESE in the approval process, and concerns about charter organizations that may not include parents or local residents. Several senators emphasized that the measure only permits an application to be filed and that the many-step BESE review would still determine whether a charter is approved.