Texas Senate passes plan to send public money to private schools, House stands against it

AUSTIN — The Senate green-lit a sweeping education bill that would funnel taxpayer dollars into private schools, even as the House voted to bar funding for any voucher-like efforts.

The clash between the Republican-led chambers could set the stage for a showdown over Gov. Greg Abbott’s top education policy priority.

The third-term Republican is throwing his full political weight behind the school choice push this session, and has traveled the state making the pitch directly to voters.

The Senate passed the bill in an 18-13 vote largely along party lines. Jacksonville Sen. Robert Nichols offered the only Republican dissent. The legislation now heads to the House.

The centerpiece of the wide-ranging bill, named a priority by Lt. Gov. Dan Patrick, would create $8,000 education savings accounts for families to spend on private school tuition, tutoring and books or other materials.

It also would restrict public schools from offering instruction in sexual orientation or gender identity, no matter the grade level ― a step viewed as an expansion of the Florida legislation derided by critics as the “Don’t Say Gay” bill.

Sen. Brandon Creighton, R-Conroe, described the bill as a way to empower parents, especially financially, to make the best choices for their children.

“Parental involvement is the most significant factor for student success, and as lawmakers, it’s our responsibility to ensure that parents are connected and engaged in their children’s education,” he said.

But it faced pushback from Democrats, who warned private schools don’t have to take all students and the money would amount to a discount for families whose students are already enrolled.

The $8,000 account would cover annual tuition at less than half the state’s private accredited schools, whose median price tag is $9,831 a year, according to the Texas Private Schools Association.

Sen. José Menéndez, D-San Antonio, called the program a “coupon” to discount private school education.

“The programs aren’t accessible to all children,” he said. “In some cases, they’re not accessible to kids with disabilities or families with fewer resources. My concern is that they encourage a trend of pop-up private schools that can’t be held accountable.”

Several attempts by Democrats to change the bill — including to offer protections for LGBTQ students and to require stricter testing — were rejected. Sen. Roland Gutierrez, D-San Antonio, brought a successful amendment to bar the children of state legislators from getting ESA dollars.

The most substantive change came to eligibility requirements. The first draft of the bill set out to only provide money to students who previously attended public school or were just beginning their education.

That prompted pushback from conservative groups who call for a “universal” option. The Senate bill was amended Thursday to open up a small percentage of the money to low-income families who already enroll in private schools.

Sen. Drew Springer, R-Muenster, pointed to the families who sacrificed — driving old cars, skipping vacations ― to scrape together funds to send their children to private options.

“We’re not forgetting anybody and not leaving anybody behind,” Springer said.

Another change extends the financial cushion for small public school districts from two years to five. Under the bill, districts with fewer than 20,000 students receive $10,000 for every student who leaves with an ESA.

An effort by Menéndez to give the hold harmless funds to all school districts, including the 71 largest that cater to more than half the state’s 5.4 million public school students, failed.

Sen. Joan Huffman, R-Houston, said the funds are “geared toward those smaller schools that would really feel the loss.”

Meanwhile, the House dealt the school-choice effort a blow with the adoption of a budget amendment that bars state funding for vouchers or anything like it. The vote is widely viewed as a gauge of the policy’s chances this session, as voucher-like efforts have historically died in the GOP-led House.

Twenty-four Republicans, mostly from rural districts, joined with almost all Democrats to adopt the budget language prohibiting a “program through which a child may use state money for non-public primary or secondary education.”

The Texas State Teachers Association applauded the House’s actions, but cautioned the fight was not over in the GOP-led Legislature.

“The ultimate losers would be the vast majority of Texas students, who would remain in under-funded public schools further stripped of needed resources,” the group said in a statement.

Proponents of the plan, though, hope there is stronger momentum this time around. Creighton wrapped the funding plan in a broader bill trumpeting a need for parental rights and education freedom — issues that energize conservatives.

Asked on the floor about the House’s rejection, Creighton said: “Of course they’re going to be a no, until they’re a yes.”

Conservatives are tapping into angst over culture wars to argue parents need a way out of public schools, which they accuse of promoting indoctrination. Among the other provisions in the bill is a prohibition on teaching about sexual orientation or gender identity in schools.

Menéndez said he believes the bill, as drafted, would mean students couldn’t discuss the Supreme Court decision that legalized same-sex marriage.

“That’s a legal historic decision,” he said.

A state fiscal note found that the program could cost an estimated $1 billion a year by 2028, while draining funds from public schools. The analysis assumes 25,000 children will leave public schools to take advantage of the program in the first year, and that the number will grow to nearly 42,000 by 2028. It was written before the hold harmless provision was extended.

The money would likely benefit religious schools most. Abbott is promoting the education savings account plan exclusively in private Christian schools, some of which require families to sign a statement of faith or otherwise show evidence of their Christianity.

Sen. Borris Miles, D-Houston, questioned how the law would offer protections against potentially discriminatory admissions policies at private schools.

Unlike public schools, private ones do not have to accept all students. They can be selective based on a child’s behavior, grades or disabilities.

Creighton said his bill does come with accountability measures and, he added, parents ultimately have the power to leave a private school if it falls short.

The DMN Education Lab deepens the coverage and conversation about urgent education issues critical to the future of North Texas.

The DMN Education Lab is a community-funded journalism initiative, with support from Bobby and Lottye Lyle, Communities Foundation of Texas, The Dallas Foundation, Dallas Regional Chamber, Deedie Rose, Garrett and Cecilia Boone, The Meadows Foundation, The Murrell Foundation, Solutions Journalism Network, Southern Methodist University, Sydney Smith Hicks and the University of Texas at Dallas. The Dallas Morning News retains full editorial control of the Education Lab’s journalism.