The 82nd Legislature passed Senate Bill 1, which contained a provision that called for the inclusion of charter schools in the Bond Guarantee Program. That provision went into effect on September 28, 2011. In October 2011, the State of Texas requested an IRS ruling on whether the inclusion of charter schools in the Program might cause the Program to violate current arbitrage laws, which could result in the loss of the Program's tax-free status. The U.S. Treasury and IRS published proposed rules in the Federal Register for September 16, 2013, that would extend the guarantee of tax-exempt bonds to include charter schools. Final IRS rules had not been published as of March 2014. The Fund plans to award the first bond guarantees to charter schools during fiscal year 2014, as allowed by the proposed IRS rules.
IRS Proposes Rule to Allow Charters to Participate in Bond Guarantee Program
