Sovereign Immunity and the Private Holder of an Open-Enrollment Charter
This article offers an illustrative example of the issues presented by private charter school holders. It deals exclusively with Texas Educational Code § 12.1056. It explains who is granted immunity under § 12.1056, and how those individuals or entities are protected, and it looks prospectively at its application. It discusses common law immunity compared to statutory immunity for open-enrollment charter schools, Richardson v. McKnight and other analogous cases, liability for torts and § 1983 claims, and qualified immunity for torts.