Texas proposed virtual-education rules let charters compel online enrollment while districts may not
The Texas Education Agency's proposed Chapter 71 rules create a structural difference in parental rights: open-enrollment charter schools may require a student to attend a full-time virtual or hybrid campus, but school districts must offer in-person instruction and cannot compel virtual enrollment.
The Texas Education Agency on Aug. 28 published proposed rules that would establish a new framework for full-time virtual and hybrid public school campuses in the state. Under the proposal, open-enrollment charter schools may require a student to attend a full-time virtual or hybrid campus, while school districts are barred from compelling virtual enrollment and must offer in-person instruction. The comment period runs through Sept. 28, 2026.
Proposed §71.1016(c) states that a student enrolled in a school district may not be compelled to enroll in a full-time virtual or full-time hybrid campus, and a school district must offer the option for a parent to select in-person instruction. The next subsection, (d), says an open-enrollment charter school may require a student to attend a full-time hybrid campus or virtual campus. The Texas Education Agency's proposed rule package makes this distinction explicit.
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