WEEK IN REVIEW
SENATE APPROVES SCHOOL CHOICE PLAN
(AUSTIN) — Parents across the state could apply for access to state funds to pay for private education services under a bill approved by the Senate on Wednesday evening. School choice legislation is a top priority of state leadership, including Lt. Governor Dan Patrick, who named it the top issue for the session. The Senate passed similar legislation multiple times across five sessions in 2023. “And now we look for the House - this being the sixth time we’ve passed school choice - to finally step up and give this opportunity to every child in Texas,” Patrick said, before gaveling final passage of the bill.
The bill, SB 2 by Education K-16 Committee Chair and Conroe Senator Brandon Creighton, would use $1 billion of the $23.7 billion surplus from last session’s budget to fund around 100,000 education savings accounts. Students who are homeschooled or attend a non-accredited private school would be eligible for $2,000 accounts, whereas students attending accredited private schools would be eligible for $10,000 accounts. Students with learning disabilities could qualify for an additional $1,500. In addition to tuition, these funds could be used for other educational services, tutoring, instructional materials, or transportation. If applications exceed capacity, slots would be awarded by lottery, with 80 percent of the space reserved for students with learning disabilities or who come from families making less than 500 percent of the federal poverty level, which is about $160,000 in annual income for a family of four.
Creighton touted the measure’s anti-abuse provisions, pointing out that this differs from “voucher” programs in that the parents never lay hands on the funds. The program would be administered through the Office of the Comptroller, who would be responsible for vetting and approving service providers. Parents would then be able to choose from among these approved vendors services they believe will help their children the most. Students using these funds would have to take norm-reference exams to confirm they are learning at an appropriate level, and the comptroller would conduct annual audits of service providers to ensure they remain in compliance with state requirements.
The Senate was able to take such fast action on this measure because Governor Greg Abbott labeled the issue as an emergency during his State of the State address, delivered on Sunday night in Austin. The state constitution prohibits consideration of any legislation in the first 60 days of a regular legislative session unless four-fifths of the members in each chamber agree. The exception to this are issues tagged as “emergencies” by the governor, and Abbott, like prior governors, uses this power to emphasize his priority legislation. School choice was one of seven items given priority on Sunday. Two others deal with public education, as he called on lawmakers to expand vocational training programs at state high schools, as well as a bill to raise the pay of all Texas public school teachers. The Senate has nearly five billion dollars set aside in their draft of the state budget for that purpose: a $4,000 raise for all teachers, with those teaching in rural areas eligible for up to $10,000 in additional pay.
Following last session’s historic property tax cut, Abbott called for more tax relief this session, as well as closure of loopholes that he said allowed local taxing entities to pare down the tax savings approved by the Legislature. “Last session, we slashed your property taxes,” he said. “But for many Texans, those cuts were wiped out by local taxing authorities that hiked your property taxes even more. That must end this session.” He also wants to use $10 billion of the surplus for additional property tax cuts this year.
Other emergency items include water infrastructure, bail reform, and the creation of a state cybercrime center in San Antonio. Just because an issue makes the governor’s emergency list, however, doesn’t mean it will become law. School choice bills like the one passed Wednesday by the Senate were also an emergency item in 2023, but the legislation could never garner enough support in the House despite Abbott calling four special sessions on the issue.
The Senate will reconvene Tuesday, February 11, at 11 a.m.
###