It’s no secret that education is a major topic this legislative session. In fact, it’s a topic that has been on the minds of Texans ever since we declared independence in 1836.
One of the grievances listed in the Texas Declaration of Independence is that Mexico “failed to establish any public system of education.” As they observed, “unless a people are educated and enlightened, it is idle to expect the continuance of civil liberty, or the capacity for self government.”
This reasoning is enshrined in the Texas Constitution and is why the state has an interest “to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.”
The purpose of the state’s involvement in education is to promote the cultivation of the next generation of hardworking, responsible citizens.
As such, the aim of the legislature is to serve the best interests of families and children. And if we’re to stay true to that aim, then we need to support not only public schools, but also the growing alternatives of private schools and homeschooling.
That’s why I’m excited about the opportunity to embrace school choice this legislative session.
Tomorrow, the Texas House Public Education Committee will be hearing House Bill (HB) 3, the school choice bill. Ahead of that, I wanted to share with you the details of what is in the bill as well as the other priority education bills so that you can be well informed of what is happening here at the Capitol.
Where is school choice in the legislative process?
Before I share the details of HB 3, it’s important to understand where the bill is in the legislative process and that it could still evolve before it goes to the governor’s desk and becomes law.
Senate Bill (SB) 2, the Senate’s version of school choice, was approved by the Senate in early February. However, a bill has to be approved by both chambers in identical form before the governor can sign it into law.
After the House Public Education Committee hears the bill, it can pass the bill along to the Calendars Committee, which will then schedule it on the House floor for debate and a vote. The House will vote on the bill twice, and then it will be sent over to the Senate. If the Senate doesn’t vote to concur with all of the changes made in the House version, then it will go to a conference committee for the differences to be hashed out, and then return to both chambers for final approval.
At any of the points above, changes may be made to the bill.
However, the bill as introduced by Chairman Brad Buckley is the general framework that the House is working with and will likely be very similar to what finally makes its way into law this year.
How does HB 3 create school choice?
Broadly speaking, HB 3 creates a $1 billion fund for Educational Savings Accounts (ESAs) that can be used by families for tuition at private schools and for other educational expenses.
ESAs are different from “vouchers,” which are usually more limited in terms of who can receive the benefit and are restricted to tuition. ESAs, on other hand, can be used for other education-related costs, like curriculum and tutors.
Parents apply to receive an ESA for their child, and if approved, direct the funds to be used for qualified expenses. This ensures that the funds aren’t used fraudulently for purposes not related to education.
Under the bill as currently proposed, most families may receive around $10,000 per child (or up to 85% what the state spends per child on public education) to attend a private school, or up to $2,000 for homeschooling. For students with a disability, that funding could be up to $30,000.
Importantly, HB 3 is referred to as “universal” school choice not because students automatically qualify for benefits, but because in contrast with most other school choice programs, applications aren’t limited to students with disabilities or low-income families. Those students are still prioritized under this plan, but any student who is eligible to go to a public school is eligible to apply to the ESA program under HB 3.
With HB 3, applicant qualification is prioritized in this order:
- Students with disabilities from households at or below 500% of the Federal Poverty Guidelines ($160,750 for a family of 4)
- Students from low-income households under 200% of the Federal Poverty Guidelines ($64,300 for a family of 4)
- Students from lower-income households between 200-500% of the Federal Poverty Guidelines ($64,300-$160,750 for a family of 4)
- Students from households at or above 500% of the Federal Poverty Guidelines ($160,750 for a family of 4)
This prioritization was created with the intent that those who need assistance the most will be the first in line eligible to participate in the school choice program.
Does this open private schools or homeschooling to state control?
While there are restrictions on what ESA funds can be used for to safeguard against fraud, the text of HB 3 makes it clear that the legislative intent is to protect the autonomy of private schools and homeschooling.
To quote the bill directly (page 26), it states that a “state agency or state official may not adopt a rule or take other governmental action that [. . .] limits or imposes requirements that are contrary to the religious or institutional values or practices of an education service provider, vendor of educational products, or program participant.”
Likewise, private schools retain their freedom to determine methods and curriculum for education, as well as keep their own admissions and enrollment policies.
Furthermore, HB 3 builds upon the Senate’s school choice bill by eliminating testing requirements for homeschooled students who receive ESA funds.
But if those protections don’t satisfy a private school or a homeschooling family, there’s one easy solution: don’t apply.
How will this affect public schools?
The goal of school choice is to give parents more flexibility in finding the education that best fits the needs of their children. By and large, public schools like those in Smith County have worked well for the vast majority of Texans, and this bill won’t change that fact.
The State of Texas provides close to $100 billion in funding to public schools – and that’s on top of what schools receive from local property taxes. Moreover, with HB 2, the House is teeing up to add another $8 billion.
In comparison, the $1 billion in funding that will flow to private schools from this program is a drop in the bucket.
The House is also aiming to implement a “hold harmless” provision in HB 2, a mechanism that would ensure that in the rare possibility that a public school sees a plummet in average daily attendance (ADA)—for any reason—it would still receive funding for an ADA level of no less than 95% of the prior school year.
Why is the Legislature focused on school choice instead of fixing public schools?
This is a common criticism I hear from opponents of school choice, and it makes an assumption that isn’t true.
The House is working on a number of bills to address the problems in public schools, beginning with a massive boost to public education funding with HB 2. This includes increasing teacher pay and per-student funding, extra funding for rural and mid-sized schools, and additional funding for special education, pre-K, and fine arts programs.
HB 4 would revamp the much-criticized STAAR test to require a statewide assessment that is shorter and places more emphasis on essential knowledge and skills.
Another priority bill is HB 6, which would empower teachers and school districts to better address problematic students who are causing disruptions in class.
And HB 2396 would address concerns about transferring to a school outside of the district in which the student lives, particularly if the student lives closer to it.
Altogether, public education is by no means being left to the wayside in the way that some vocal activists would lead you to believe.
As I mentioned at the beginning of this newsletter, the state is tasked with supporting and maintaining “an efficient system of public free schools.” We’ll be doing that this session and giving families more freedom in their schooling choices.