Overshadowed by the impeachment proceedings in the Texas legislature is the issue of school choice. Will Gov. Abbott call a special session to pass a school choice bill? Will he be able to whip the votes in the House that would deliver this major legislative priority?
During the regular legislative session, Gov. Abbott toured the state promising Texas voters he would deliver a school choice victory.
On Twitter, Abbott was vocal and bold. He said, “empowering parents to choose the best educational path for their child is an essential priority this session.” He went further to say school choice is a “civil rights issue” and “the time for school choice in Texas is NOW!”
The signature legislation in the school choice pursuit was SB8 (Sen. Creighton), which, in addition to expanding “parental rights,” would establish state-funded education savings accounts (ESA). An ESA would let parents unenroll in the assigned public school or charter school for their child and gain $8,000 to pay for education expenses, such as tuition at their school of choice.
SB8 was left pending in committee. The two chambers could not come up with a compromise bill that would appease the Governor. During deliberations, the bill was amended by the House to only apply to students with disabilities or those enrolled in an F-rated school. In an out-of-character display of power, Governor Abbott threatened to veto the House version if the Senate adopted it or it wasn’t restored to the original bill’s intent. The clock ran out.
Meanwhile, Republican governors across the country, including Ron DeSantis (Florida), Sarah Huckabee Sanders (Arkansas), Spencer Cox (Utah) and Kim Reynolds (Iowa) were signing legislation to establish or expand school choice programs in their states.
Although no votes were taken on the original SB8 in the House, one amendment to the budget bill highlights the dilemma Abbott faces, and makes clear who might be in the way of school choice in Texas. The amendment to prohibit the use of state funds to pay for any school voucher program, including education savings accounts (ESAs), was offered by Rep. Abel Herrero (D-Robstown). The amendment was supported by 24 Republican and almost all Democrat members of the House:
As James Henson, the director of the Texas Politics Project put it: “At the most mundane level, the governor has found himself in a position where he’s very publicly committed. But he may have overestimated his ability to turn votes in the House.”
Another nine Republicans were marked as “present, not voting” on the amendment. This leaves the Republican Governor of Texas at least 12 votes short in the House to pass his school choice legislation, despite support by the state GOP as part of the party’s platform.
Raise Your Hand Texas, an organization focused on public education policy and advocacy, says that education savings accounts reduce access to educational opportunities, cut inadequate public school budgets, hurt rural school districts, weaken rights for students with disabilities, and expose taxpayers to fraud.
According to proponents like the Texas Public Policy Foundation, ESAs result in better education outcomes for all students, empower parents to make decisions that are best for their children, and improve the quality of schools for all students, including rural students and students with disabilities.
In national rankings, Texas consistently rates in the bottom half of states for education outcomes and quality (USNews - 37th, WalletHub - 30th). And, in 2023, new polling found that a majority of Texans support the creation of state-funded voucher programs, like education savings accounts.
We agree with the majority of Texans. Education decisions should be made by parents and should be about outcomes, including to prepare Texas students to succeed as adults. In weighing all of the evidence, it is clear that the potential benefits to educational outcomes and empowering parents to choose outweigh the risks. We urge Texas Governor Abbott and the members of the legislature to pass ESAs in a special session this fall.
That may have just gotten a lot more difficult.
