Voucher bills simply divert public funds away from neighborhood public schools to private institutions or companies and are objectionable for a number of reasons. Historically in the United States of America, public funds have been used for the common good and when they are appropriated to inure to the benefit of private citizens it is deemed as immoral and inappropriate.
88th Texas Legislature Voucher Update
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 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 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.
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 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.
87th Texas Legislature Voucher Update
Several vouchers were introduced into the legislature this session but very few got any traction. While several were sponsored, only a few voucher bills moved forward and vouchers were stripped from the bill or the bill was killed through a variety of mechanisms.
Vouchers in some form or another have been legislated in Texas since 1995. To date, none have passed.
The Coalition for Public Schools was formed as a result of the first vouchers proposed in the Texas State Legislature. We continue to fight vouchers as an attack on our Texas public schools.
Texas House Bills
HB 3 – Pandemic Response Bill – Did Not Pass
Early in the session a voucher was placed in HB 3, a pandemic response bill sponsored by Rep. Dustin Burrows. We worked the bill with the public education advocacy community and Rep. Burrows constituents in Lubbock. Within days, another member of the Coalition and I were invited into a conference with Rep. Burrows and informed by the representative that the voucher was removed from the bill. This bill made it through the House and Senate but died in conference committee.
HB 1015 – Microgrant Pilot Program for Special Needs Students – Did Not Pass
HB 1015 would have provided a payment directly from the comptroller to the parent of an eligible child in the Houston school district. Eligibility was predicated on special needs but seemed relatively expansive in the bill. The bill failed to receive a hearing.
Texas Senate Bills
SB 27 – State Virtual School Network – Did Not Pass
This bill provided for an expansion of the Texas Virtual School Network (TXVSN) and the use of the network by independent school districts and charter schools. This bill was considered a voucher because it removed the requirement that a student must attended a public school the previous year to enrolling in the TSVSN. Additionally, this bill allowed 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. Members of the Coalition continually worked on this bill to remove the voucher but it kept “popping back in”. This bill did not get out of the Senate.
SB 1968 – Family Educational Relief Program – Did Not Pass
The bill would have created 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. This was considered a tax credit voucher bill since there is an overt transference of taxpayer funds to private entities. Although Sen. Paul Bettencourt, the author of the bill said that opponents of the bill did not show up to testify because they had a “morally bankrupt argument” and made assurances that the bill would pass, the legislation did not get out of the Senate. The companion bill – HB 4537 did not receive a hearing.
SB 1698 – Scholarship Tuition Tax Credit – Did Not Pass
This bill allowed 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 would 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. This bill was considered a “tax credit tuition” voucher because it resulted in taxpayer funds going directly to a non-profit, private entity. The bill did not receive a hearing.
SB 1716 – Special Education Supplemental Education Services – Passed
While listed in this update as a finance bill (since it has a fiscal note of $30 million), SB 1716 initially contained a voucher – paying money directly from the state to the parent(s) of a special needs child. Through an outcry from the Coalition and the rest of the advocacy community, the bill was amended to include the Admissions, Review, Dismissal (ARD) committee of the local school district in the service selection process.
SB 1716 gives certain special education students enrolled in a public school $1,500 to purchase supplemental educational services. Funding will be managed through educational service centers.
House Bills – 87th Texas Legislature
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 Bills – 87th Texas Legislature
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.
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Senate Bills – 86th Texas Legislature
SB 380 (Hall) – This bill would have removed the cap on the number of online courses that may be taken by a student. The Coalition for Public Schools registered opposition and delivered a letter to Senate members opposing this bill. The bill was left pending in committee.
SB 947 (Campbell) – This bill would have removed the requirement that students of those serving in the military must have previously attended a public school in order enroll in online virtual courses. The Coalition for Public schools registered opposition and delivered a letter to Senate members opposing this bill. The bill was left pending in committee.
SB 1455 (Taylor) – The introduced version of this bill essentially allowed the Commissioner of Education to grant a charter to a private vendor or private entity to operate a full-time virtual school, removed the substantially similar course prohibition, removed the requirement that students must have previously attended a traditional public school, and removed the cap on the number of virtual courses allowable. The committee substitute for the bill removed the charter grant provision but still retained the other provisions. The Coalition registered opposition and delivered a letter to Senate members opposing the bill. The bill passed the Senate and was referred to the House Public Education Committee. We testified against this bill on May 7 (44:16). The bill was left pending in committee.
House Bills – 86th Texas Legislature
HB 429 (Shaheen) – Would have removed the prohibition from offering a virtual course when a district offers a substantially similar course. Would have removed the cap on the number of virtual courses that can be taken. I testified against this bill on April 16 (22:06) on behalf of the Coalition for Public Schools. The bill was left pending in committee.
Senate Bills – 85th Texas Legislature
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 – 85th Texas Legislature
HB 1184 (Bohac) – HB 1184 is the companion bill to SB 542. It provies for a credit against an entity’s insruance 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.