Regular Session of the 88th Texas Legislature (2023)
House Bill 619 (Shaheen) – “Relating to an insurance premium tax credit for contributions made to certain educational assistance organizations.”
This bill proposes to provide a premium tax credit for qualified entities to be administered as student scholarships for private education by Education Assistance Organizations (EAO’s) that are approved by the state. The program would award up to 75% of the state average maintenance and operations education expenditure per student (from the previous year) to qualifying students. Students from both private and public schools would be eligible. The bill would take effect on January 1, 2024 and limits the total expenditures for the program for that year to $100 million. The Coalition for Public Schools considers this a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities.
House Bill 557 (Vasut) – “Relating to the establishment of an educational expenses reimbursement program.”
This bill proposes a reimbursement from the Comptroller to parents for eligible educational expenses, including tuition to a private school. Each year, a parent would be entitled to receive a reimbursement payment from the state in an amount that is equal to the lesser of: (1) the total amount of all eligible education-related expenses described by Section 33.303 incurred by the parent during the most recent federal income tax year; or (2) the deduction amount for state and local sales and use taxes claimed by the parent on the parent’s federal income tax return for the most recent federal income tax year. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 710 (Patterson) – “Relating to the removal of restrictions on funding and payment of costs for certain full-time online educational programs; authorizing a fee.”
This bill allows a school district to operate a full-time online program by allowing them to pay the Texas Education Agency a one-time setup fee. The bill effectively removes the current course limitation on virtual courses. The Coalition for Public Schools considers this to be a voucher bill since it removes the course restrictions on virtual courses.
House Bill 1938 (Stucky) – “Relating to the protection of students from sexual grooming.”
This bill would provide a fully funded voucher to any parent who determined that their child is being subjected to “sexual grooming.” All of the funds expended on the student in the public school system would follow the student to any school – public or private. The bill excludes the use of monies from the available school fund or federal funds. The bill further absolves any private school receiving the voucher from compliance with any state law that was not in effect as of January 1, 2023. The bill would take effect September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 1892 (Cain) – “Relating to improved educational efficiency by empowering parents through a program administered by the comptroller.”
This bill provides for the reimbursement from the Comptroller to the parent of a child in a private school or home-schooled at the lesser amount of the tuition paid or 80% of the state average maintenance and operations expenditures per student. The bill excludes the use of monies from the available school fund or federal funds for this reimbursement. The bill further absolves any private school receiving the voucher from compliance with any state law that was not in effect as of January 1, 2023. The bill would take effect immediately with a 2/3 vote of each chamber of the legislature or September 1, 2023 if not. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 2114 (Toth) – “Relating to the establishment of an empowerment scholarship account program.”
The bill requires the Comptroller to establish and maintain an Empowerment Scholarship Program. The program would pay parents with students enrolled in private schools or home-schooled $10,000. If coming from a public school, that school would be eligible to receive up to 50% of certain costs during the first year the student is enrolled in the voucher program. The bill excludes the use of monies from the available school fund or federal funds for the program. The bill would take effect immediately with a 2/3 vote of each chamber of the legislature or September 1, 2023 if not. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 2803 – (Leo-Wilson) – “Relating to a program to serve special education students’ needs.”
This bill proposes the creation of a Special Education Grant Program. An eligible student may attend a public school in the district in which the student resides or may use a special education grant to attend another district, or accredited private school chosen by the student’s parent. A student is eligible to receive a grant to attend another school if the student’s parents determine that the student’s special education needs are not being met at the school to which the child is assigned. The bill excludes the use of monies from the available school fund or federal funds. If passed the bill takes effect on September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 2530 – (Toth) – “Relating to state savings achieved through a budget savings program administered by the comptroller of public accounts making an appropriation of a portion of those savings.”
This bill proposes the establishment of a Budget Savings Program. Through the program a qualifying taxpayer may designate an amount equal to all or a portion of the school district maintenance and operations ad valorem taxes paid by the taxpayer to be used as a grant from the state to pay the tuition for the enrollment of an eligible student at a qualifying school through the use of a budget savings form. Qualifying schools include public schools receiving transfer students and private schools accredited by an organization recognized by the Texas Private School Accreditation Commission. The bill excludes the use of monies from the available school fund or federal funds. If passed the bill takes effect on September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 2547 – (Toth) – “Relating to the creation and administration of the Rural Parents Protection Plan Grant Program.”
This bill would establish the Rural Parents Protection Plan Grant fund within the state treasury. Program funds would be allocated to each child to “an educational program best suited for that child,” including private or public schools, in accordance with rules adopted by the commissioner of agriculture. Funding per participating student would be equivalent to 95 percent of the statewide average Foundation School Program funding. Eligible students must be eligible to attend a public school in an agriculture-base community and the commissioner of agriculture determines that the community is in need of economic development or if the student’s parents determine that their child is not receiving adequate agricultural training; unable to attend their public school due to migrant worker status; in need of specialized food or nutrition services; or unsafe at their public school. If passed the bill takes effect on September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 2817 – (Jetton) – Relating to establishing a program allowing certain students who are educationally disadvantaged, have a disability, or failed certain assessment instruments to use state money or money the state receives for the purpose from gifts and non-federal grants to pursue certain educational alternatives to public schools.
This bill proposes the creation of an Education Savings Account to disburse public funds to private educational entities if the children meet the eligibility requirements listed above. Parents of eligible children will receive each year an amount equal to 90 percent of the amount to which the school district in which the child resides would be entitled to receive for the child under Chapter 48 if the child were enrolled in the district. If passing by 2/3 vote in each chamber the bill would become law immediately or on September 1, 2023 if not. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 3781 – (Jetton) – “Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach special education.”
The bill focuses on requiring TEA to develop a comprehensive system to ensure school district compliance with federal and state law regarding special education and outlines rules for that system including the provision of supplemental services outside of the admissions, review, and dismissal (ARD) process for special needs children. The bill requires the agency to establish and administer an education savings account (voucher) program to provide funding for certain education-related expenses of eligible children. A child is eligible to participate in the program if the child is a child with a disability; is eligible to attend a public school and (A) was enrolled in a public school in this state for a period of at least six weeks during the preceding or current school year; (B) was required to attend school under Section 25.085 for a period of less than six weeks during the preceding and current school year due to the child’s age or nonresidence in this state; or (C) participated in the program during the preceding school year. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 4340 – (Frank) – Relating to the establishment of the Education Savings Account Program to allow certain children to use public money to pursue educational alternatives to public schools and an insurance premium tax credit for contributions made for purposes of that program.
This bill would create education savings account programs that rely on educational assistance organizations (EAOs) to receive funds, either from the state or from private donations, to provide to individuals of varying eligibility for educational expenses, including private school tuition. The EAOs could take up to 10 percent of the provided funds, which could be provided by donations from companies that could then claim a tax credit against their state taxes to limit their contribution to state general revenue. The ESA Amount would be 90% of average M&O. This is both a tax credit voucher and an ESA type voucher. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
House Bill 4807 – (Harrison) – Relating to the establishment of the Texas Parental Empowerment Program and an insurance premium tax credit for contributions made for purposes of that program.
As filed, the bill would create the “Texas Parental Empowerment Program, which would use state funds and insurance premium tax credits to provide vouchers for certain eligible students. The bill would require that the Comptroller transfer an amount equal to average M&O expenditures per ADA in the preceding year into each eligible student’s account. Based on budgeted expenditures reported in 2021-22, this would be around $10,725. The bill also allows certain entities to receive an insurance premium tax credit equal to their contribution to the empowerment program fund or their tax liability. Total credits would be limited to $200 million in FY 2024. The bill provides a formula for total credit limits in subsequent years. The credits cannot be transferred to another taxpayer.
The bill requires that the comptroller transfer applicable amounts from the Foundation School Fund to fund accounts for eligible students who attended public school in the prior year, are entering kindergarten, or are currently participating in the program. The comptroller would rely on general revenue and contributions used to generate insurance premium tax credits to fund accounts for those students who had not previously been attending public schools. The bill allows funds deposited into these accounts to be spent on tuition and fees, textbooks, computers, tutors, therapies, curriculum for home-schooled students, transportation and more. Funds cannot be used to pay certain individuals related to the student or a member of their household.The bill allows unused funds to rollover into the following school year. Students may use previously deposited funds after graduation from high school. The bill requires that private schools provide certain notices to parents of special education students upon application.
The bill requires that the Comptroller certify no more than three educational assistance organizations that would help administer the program by verifying the child’s eligibility and the use of funds in their account. The bill would also establish a parental review committee to preapprove providers eligible to accept payment from students’ program accounts. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
Senate Bill 8 – (Creighton | Bettencourt | Campbell | King | Middleton | Parker | Paxton | Schwertner | Springer) – “Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.”
Article 2 of of this bill proposes the establishment of an Education Savings Account (ESA) program. The comptroller would certify one or more Educational Assistance Organizations (EAO’s) charged with administering: (A) the application process under Section 29.356; and (B) the program expenditures process under Section 29.360; and (2) assisting prospective applicants, applicants, and program participants with understanding approved education-related expenses and finding preapproved education service providers and vendors of educational products. Funds from the program would pay for tuition to private school; instructional materials; testing costs; tutoring; educational therapies; and transportation. The total amount of funds that would be deposited in an eligible participants ESA account is $8,000 per year. The Coalition for Public Schools considers this a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities.
See Talking Points for SB 8 here…
Senate Bill 176 (Middleton) – “Relating to the establishment of the Texas Parental Empowerment Program and an insurance premium tax credit for contributions made for purposes of that program.”
This bill proposes the creation of the Texas Parental Empowerment Program and provides a premium tax credit for qualified entities to be administered as student scholarships for private education by Education Assistance Organizations (EAO’s) that are approved by the state. The introduction to the bill emphasizes that private religious schools must be included. The bill requires a parental review committee to approve the providers of educational services or products but prohibits anyone requires to register as a lobbyist or anyone employed by a political subdivision that hires a lobbyist from serving on the committee. The program would award 100% of the state average maintenance and operations education expenditure per student (from the previous year) to qualifying students. The bill would take effect on January 1, 2024 and limits the total expenditures for the program for that year to $200 million. The Coalition for Public Schools considers this a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities.
Senate Bill 960 (Campbell) – “Relating to state savings and government efficiency achieved through a taxpayer savings grant program administered by the comptroller of public accounts.”
This bill would establish a Taxpayers Savings Grant Program. A voucher would be available to a student to enroll in a private school if they were entering kindergarten or first grade, attended a public school for the entire preceding school year, or participated in the program in preceding years. The grant would not be available to home school students. The amount of the grant would be 60% of the amount to which public schools are entitled under Texas law. The bill excludes the use of monies from the available school fund or federal funds for the program. The bill further absolves any private school receiving the voucher from compliance with any state law that was not in effect as of January 1, 2023. The bill would take effect September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
SB 1474 – (Bettencourt/Paxton) – “Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach special education.”
This bill provides for the establishment of an Education Savings Account (ESA) for eligible special needs students. The bill adjust the amount of the Basic Allotment (BA) to the severity of the need of the child. The bill additionally provides for a statement to parents that private schools are not subject to certain federal protections otherwise guaranteed the child. The ESA pays for tuition at a private school; curriculum for homeschool; a private tutor; $500 per year transportation costs; food costs at private school; uniform costs at private school; therapy needs, etc. The bill expands the supplemental services program for special needs students outside of their Individual Education Program (IEP). If receiving a 2/3 vote of both chambers of the legislature the bill takes effect immediately, otherwise it takes effect September 1, 2023. Amendments to the Texas Education Code take effect September 1, 2024. The Coalition for Public Schools considers this an ESA type voucher bill since there is an overt transference of taxpayer funds to private citizens.
SB 1557 – (Parker) – “Relating to providing for an election by the parent of a student who was victimized by a public school employee to transfer the student to another public school campus or receive funding for the student to attend private school.”
This bill allows a student who has been victimized by a school employee to move to another public school district, private school, or home school. If the parent of an eligible student elects for the student to enroll in a private school, including a home school, the parent is entitled to receive from the state an annual amount equal to the amount to which the school district in which the student resides would be entitled to receive for the student under Chapter 48 if the student were enrolled in the district. The bill applies to the 2023-2024 school year. If receiving a 2/3 vote of both chambers of the legislature the bill takes effect immediately, otherwise it takes effect September 1, 2023. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
SB 1068 – (Middleton) – Relating to the removal of restrictions on funding and payment of costs for certain full-time online educational programs; authorizing a fee.
A companion bill to HB 710, this bill allows a school district to operate a full-time online program by allowing them to pay the Texas Education Agency a one-time setup fee. The bill effectively removes the current course limitation on virtual courses. The Coalition for Public Schools considers this to be a voucher bill since it removes the course restrictions on virtual courses.
SB 2354 – (Bettencourt) – “Relating to the establishment of the Education Savings Account Program to allow certain disadvantaged children and their siblings to use public money to pursue educational alternatives to public schools and an insurance premium tax credit for contributions made for purposes of that program.”
This bill proposes the establishment of an Education Savings Account for eligible participants funded by a tax credit to qualifying entities. A child is eligible to participate in the program if the child was enrolled in a public school during the entire preceding school year; or is enrolling in a school in this state for the first time; and meets one of the following criteria: is a member of a household with a total annual income that is at or below 200 percent of the income guidelines necessary to qualify for the national free or reduced-price lunch program; is the sibling of a child who is eligible to participate in the program; was eligible to participate in the program during a previous school year; is a child with a disability; or is covered by Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794). A parent of an eligible child shall receive each year that the child participates in the program a payment from the state from funds available under Section 29.353 to the child’s account in an amount equal to 90 percent of the state average maintenance and operations revenue per student in average daily attendance for the preceding state fiscal year. Approved expenses under the bill include tuition and fees; instructional materials; uniforms; online program costs; testing; co-curricular activities; transportation; and educational therapies. The Coalition for Public Schools considers this a voucher bill since there is an overt transference of taxpayer funds to private citizens.
Regular Session of the 87th Texas Legislature (2021)
House Bill 4537 (Middleton) – “Relating to the establishment of the Family Educational Relief Program and an insurance premium tax credit for contributions made for purposes of that program.”
This bill would create the Family Educational Relief Program which would allow parents of eligible private or home-schooled children to receive reimbursements for educational expenses from the state. The money would be distributed by Certified Educational Assistance Organizations which would be required to be non-profit (501(C)3) organizations. The program is funded by allowing entities a credit against the premium tax liability to the state. The total amount of tax credits for the program is capped at $200 million. The Coalition for Public Schools considers this a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities.
House Bill 1015 (Toth) – “Relating to an education microgrant pilot program for certain children with special needs and other educational disadvantages.”
HB 1015 provides a payment directly from the comptroller to the parent of an eligible child in the Houston school district. Eligibility is predicated on special needs but seems relatively expansive in the bill. Because this bill provides for a direct transfer of taxpayer funds to a parent, the Coalition of Public schools considers this bill a voucher.
Senate Bill 27 (Taylor) – “Relating to the state virtual school network; changing a fee.”
This bill provides for an expansion of the Texas Virtual School Network (TXVSN) and the use of the network by independent school districts and charter schools. The Coalition for Public Schools considers this a bill with a voucher in it because it removes the requirement that a student must attended a public school the previous year to enrolling in the TSVSN. Additionally, this bill allows students the ability to enroll in schools outside of their attendance zone, setting up schools to poach students from one district to another and making it harder to ensure quality control.
Senate Bill 1698 (Paxton) – “Relating to a franchise or insurance premium tax credit for contributions made to certain educational assistance organizations.”
This bill allows for the creation of up to 25 educational assistance organizations (EAO’s) that would provide scholarships for students and their parents to go to private schools. Businesses and other entities would receive a tax credit for donations to the EAO. Students may not receive more than 75% of the state average per pupil expenditure or 50% if the student’s parents are above 175% of the income level to determine free and reduced lunch status. The Coalition for Public Schools considers this bill a “tax credit tuition” voucher because it results in taxpayer funds going directly to a non-profit, private entity.
Senate Bill 1968 (Bettencourt) – “Relating to the establishment of the Family Educational Relief Program and an insurance premium tax credit for contributions made for purposes of that program.”
This is the companion bill to HB 4537 and is identical to it. The bill would create the Family Educational Relief Program which would allow parents of eligible private or home-schooled children to receive reimbursements for educational expenses from the state. The money would be distributed by Certified Educational Assistance Organizations which would be required to be non-profit (501(C)3) organizations. The program is funded by allowing entities a credit against the premium tax liability to the state. The total amount of tax credits for the program is capped at $200 million. The Coalition for Public Schools considers this a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities.
Senate Bill 1716 (Taylor) – “Relating to a supplemental special education services and instructional materials program for certain public school students receiving special education services.”
SB 1716 provides an account for parents of special education students to purchase supplemental services outside of the purview of the school district. Eligible parents would receive funds from the comptroller to purchase outside services from Texas Education Agency approved vendors. Because this bill provides a direct payment of taxpayer funds to private citizens, the Coalition for Public Schools considers it a voucher.
Special Session of the 85th Texas Legislature (2017)
Voucher bills that were introduced in the Special Session of the 85th Texas Legislature are listed below. Click on the bill number to read the bill and to track bill activity. Click on the name of the author to find out more about them:
HB 52 by Simmons provides an Individualized Education Plan Account (IEPA) type voucher for students with a disability. The voucher provides 90% of the funding the child would have generated in a public school. The money would come from the Foundation School Program. Click here to read more about the bill and find talking points.
HB 58 by Simmons would provide a credit against an entity’s state premium insurance tax liability. This credit goes to fund non-public school tuition managed by an educational assistance organization and thereby diverts tax monies away from public schools to private schools. Click here to read more about the bill and find talking points.
HJR 29 by Anchia “proposing a constitutional amendment prohibiting the authorization or funding of an elementary or secondary education voucher program or similar program”.
HB 253 by Simmons would provide a $150 million in additional state aid for tax reduction to qualifying districts under a hardship grant and raise the Existing Debt Allotment for public schools. The bill contains a State Premium Tax Credit for donors and and Educational Expense Assistance voucher that is companion to SB 2. Talking points for HB 253 are identical to those for SB 2.
SB 2 by L. Taylor would provide a few funding concession to public schools but contains a State Premium Tax Credit for donors and an Educational Expense Assistance voucher for students with a disability. The amount of the voucher may not exceed $10,000 or the full amount of tuition to a private school, whichever is less. The bill would require school districts to notify the parents of eligible students about the availability of the vouchers and inform them that they may be giving up their due process rights under the law by accessing them. Click here to read more about the bill and find talking points.
Regular Session of the 85th Texas Legislature (2017)
Voucher bills that were introduced in the Regular Session of the 85th Texas Legislature are listed below. Click on the bill number to read the bill and to view bill history. Click on the name of the author to find out more about them:
Senate Bills
CSHB 21 is a committee substitute of HB 21 (school finance bill) with a special needs voucher attached. Click here to find out more about CSHB 21.
SB 3 (Taylor, L.)- SB 3 is a voucher bill that includes both an education savings account (ESA) and an insurance premium tax credit. Click here to find out more about SB 3.
SB 542 (Bettencourt)- SB 542 is a voucher bill that provides for a credit against an entity’s insurance premium tax liability. Click here to find out more about SB 542.
House Bills
HB 1184 (Bohac) – HB 1184 is the companion bill to SB 542. It provides for a credit against an entity’s insurance premium tax liability. Click here to find out more about HB 1184.
HB 1335 (Simmons) – HB 1335 is a voucher bill that provides an education savings account (ESA) for students with a disability. Click here to find out more about HB 1335.
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For more information contact Dr. Charles Luke at charlesluke43@gmail.com or by phone at 940-768-8594.