May 23

How One Texas Program Navigated Zoning and Came Out a Winner


When Jourdan Simmang, principal of Spyrja Academy of New Braunfels, Texas, found what he thought was the perfect home for the growing program, he had no idea what hurdles that lay ahead.

Spyrja Academy—named after the Old Norse word for "ask" or "inquire"—is a unique educational program for high school-aged learners, blending homeschooling with a structured academic environment. Students can attend full-time or part-time, and Spyrja also partners with homeschooling families to enhance their learning experience.

As enrollment grew, Spyrja outgrew its initial home. In a stroke of generosity, members of the school community donated a residential property that seemed idea with no renovations required. Over Thanksgiving break, Jourdan prepared the space, eager to welcome students back after the holiday.

But on the very first day back in session, an unexpected roadblock appeared: a cease-and-desist order from the local planning department.

Caught in a Zoning Gray Area

It turned out that zoning officials weren’t sure how to classify Spyrja Academy. The property was in an area where private schools were allowed to operate but instead of treating Spyrja as a school, the zoning board classified it as a commercial enterprise, which wasn’t permitted in that zone.

Jourdan reached out to the appropriate authorities, but the answers weren’t clear. Since Spyrja didn’t fit neatly into traditional categories, the zoning board defaulted to treating it as a business rather than a school.

Determined to find a way to continue to serve the kids enrolled in the program, Jourdan dug into state laws and soon found a potential solution: the Texas Learning Pod Protection Act.

Finding a Legal Solution 

The Learning Pod Protection Act was designed to exempt small, parent-organized educational programs from local zoning, building, and fire codes. Since Spyrja’s model aligned closely with the definition of learning pod in the Act, the Academy should have been able to operate in the property.

To get more clarity, Jourdan reached out to the Edupreneur Resource Center at Stand Together. There, he connected with Lynn Swanson, an attorney familiar with the law, who confirmed that the Act should exempt Spyrja from the local zoning regulations. However, convincing local authorities was another matter.

Recognizing the need for legal representation, Lynn introduced Jourdan to Daniel Suhr from the Center for American Rights, who was working on a similar case in Travis County, Texas. Daniel quickly drafted a letter to the county attorney, outlining Spyrja’s rights under the law and emphasizing its intent to protect alternative education models like Spyrja.

A Win for Spyrja Academy

While working to resolve the legal dispute, the Spyrja community identified another residential property that was also zoned for commercial use. Given New Braunfels’ small size and the Academy’s desire to maintain a positive relationship with the city, the leadership team decided to relocate to this new property where they could operate in full compliance with city codes as long as they kept enrollment below 49 students. This number was well within Spyrja’s needs, making it a win-win solution for both the Academy and local officials.

Lessons Learned from the Experience

Looking back on the experience, Jourdan shared three key takeaways that may help other educators and small learning environments navigate similar challenges:
  • Understand the difference between zoning laws and occupancy regulations. Just because a property is zoned for schools doesn’t mean there aren’t other restrictions in place.
  • Transparency is key. Keeping open lines of communication with local authorities makes the process smoother.
  • Build positive relationships with city officials. In small towns, everything is interconnected. It’s better to be seen as a community partner than as an adversary.

A Bright Future for Spyrja

Despite the unexpected obstacles, Spyrja Academy emerged stronger and more informed. Thanks to a dedicated school community, legal expertise, and strategic problem-solving, Spyrja now has a stable home where it can continue inspiring curiosity, encouraging inquiry, and providing a supportive learning environment for kids.