We are almost at the halfway point of the 88th Texas Legislative Session.

The deadline for filing bills has come and gone – at the forefront of bills filed is parental choice in education.

THSC’s legislative team has been closely monitoring several bills related to parental school choice, including bills related to Education Savings Account (ESA) programs. 

The proposed ESA programs are aimed at providing options for disadvantaged children and empowering parents. The ESA program would give these parents the ability to choose the best educational option for their child, whether that be a private school, online school, or homeschooling.

The goal of these proposals is to give parents more choice in their children’s education. 

Overview of Parental Choice Bills Filed:

State Representative James Frank has filed:

• HB 5267 would enable specific children to utilize an Education Savings Account to seek educational alternatives to public schools.
• HB 5261 relates to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
• HB 4339 would let certain disadvantaged kids and their siblings utilize public funds to attend educational institutions other than public schools and would provide an insurance premium tax credit for donations made for the purposes of that program.
• HB 4340 would allow certain kids to utilize public funds to seek educational alternatives to public schools, as well as an insurance premium tax credit for donations made for the program’s aims.

State Senator Paul Bettencourt has filed:

• SB 2354 relates to whether property transferred to a living spouse or surviving child is still eligible to be valued for ad valorem tax purposes as qualifying open-space land.

State Senator Brandon Creighton has filed:

• SB 8 relates to public education, including the creation of an education savings account and parental and public school obligations with relation to instructional materials.

State Senator Paul Bettencourt has filed:

• SB 1474 relates to special education in public schools, such as the special education allocation under the Foundation School Program, an education savings account program for specific children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retired teachers employed to teach special education who are members of the Teacher Retirement System of Texas.

State Senator Angela Paxton has filed:

• SB 2483 relates to the establishment of an Education Savings Account program.

State Representative Jacey Jetton has filed:

• HB 3781 relates to special education in public schools, such as the special education allocation under the Foundation School Program, an education savings account program for specific children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retired teachers employed to teach special education who are members of the Teacher Retirement System of Texas.

State Representative Nate Schlatzline has filed:

• HB 5112 relates to the establishment of an education savings account program.

State Representative Cody Vasut has filed:

• HB 557 relates to the establishment of an educational expenses reimbursement program.

State Representative Steve Toth has filed:

• HB 2114 relates to the establishment of an empowerment scholarship account program.

State Representative Briscoe Cain has filed:

• HB 1892 relating to improved educational efficiency by empowering parents through a program administered by the comptroller.

It is important to note that the proposed ESA programs in Texas are not yet law, and there are many factors to consider before implementing such a program.

However, the proposed ESA programs in Texas represent a significant shift in education policy, one that could give parents more control over their child’s education.

THSC will continue to closely monitor each of these bills and any effect they could have on homeschool families.

One way that we are continuing to pursue freedom and security for homeschool families is through House Joint Resolution 37, which proposes a Homeschool Constitutional Amendment.

The State of Texas does not currently regulate the educational program of private schools, and that includes homeschools.

Texas private schools offer a diverse set of educational programs that parents can choose from based on the unique needs of their child free of interference from state or local government. The Texas Constitution, however, does not expressly prohibit the legislature from regulating the educational programs of private schools in the future, subjecting the existing framework to a degree of uncertainty.

House Joint Resolution 37 proposes an amendment to the Texas Constitution to ensure the Legislature, and any political subdivision of this state, does not regulate the educational programs of private schools, including home schools, in the future.

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