What is the Citys ability to regulate private and public educational facilities via the Zoning Ordinance?
Schools operated by an independent school district in connection with the Central Education Agency in the State of Texas have powers superseding any local regulation with regard to the site selection and acquisition of property for school construction. Zoning ordinances are not a valid vehicle for regulating such institutions. However, the construction and safety matters with regard to compliance to local building codes can be demanded even of a school district funded project. Private schools are not regulated in the same manner as the public school system and are therefore more subject to the local municipality’s rules and regulations, including zoning matters. The Sunset Valley case briefly addresses the differences between private schools and the level of municipal regulation allowed as compared to the constitutional and statutory restriction on municipal authority over public school systems.
