Passing the Texas Senate, Education Savings Accounts have tougher road in House

The Texas Senate passed a bill allowing parents to use $500 million in public school funds to pay for private schools and other educational programs. If passed, more than 62,000 families may receive an $8,000 Education Savings Accounts (ESAs). The idea has a tough road in the Texas House because a coalition of democrats and rural republicans usually block the measure wanting to protect public schools.

Speaker of the House Dade Phelan, R - Beaumont, signaled to NBC 5 an ESA program may get enough votes if it's packaged with a large increase in public school funding. The Texas Senate passed a companion bill Thursday night pumping in more than $5 billion to the state's school finance formulas.

"It's unprecedented for what we're putting into public education for new dollars," Sen. Brandon Creighton, R - Conroe, told NBC 5, "and then separate over here as we fund the border and healthcare and the grid we've also got an appropriation of $500 million that will serve at best just over 60,000 kids out of five and a half million."

Creighton is chair of the Senate's education committee. If passed the program would be controlled by the Comptroller Glen Hegar, who would audit the funds. As written now, 40 percent would go to low-income public school students, 30 percent would go to families making up to 500 percent of the Federal poverty limit, around $150,000 a year for a family of four, twenty percent would go to disabled and special needs students, and then ten percent, around 6,000 families, could use the money if their child is homeschooled or already enrolled in a private school.

"At the end of the day, that's appropriate. There could be low-income or disabled kids who sought a private school route just a couple of years ago. And that may help them have a fighting chance to stay in that program that's working so well for them," said Sen. Creighton.

As for state strings attached requiring testing or other curriculum requirements, a key sticking point for many private schools to accept the money, Sen. Creighton said there are none required at this point.

"We worked very hard not to impose strings or new standards on private schools that don't currently exist," said Sen. Creighton, who said the program could expand or be repealed in the future depending on future legislatures.

School districts across Texas fear this program would divert school funds because per state formulas, public school money follows the student. Sen. Creighton tells NBC 5 he argues with an ever-increasing public school population, a small fraction of students leaving to private or home schools won't have a big impact.

"We have incredible growth constraints to keep up with," said Sen. Creighton, "A number of ESAs is a fraction of a fraction of our total public school children that are out there."

For a bill to pass the Texas House, it needs the majority of the 150 members. More than 60 of those members are Democrats who usually oppose school choice voucher programs, fearing fewer kids will go to public schools causing them to close. They also criticize the idea because the fear the program opens the door for discrimination because private schools get to choose who they accept in and public schools do not.

"Plain and simple, our public dollars belong in our public schools. That is something we've continued to say. And right now particular in Dallas County, we see in DISD in particular, our scores are just now on the rise in our public schools," said Rep. Venton Jones, D - Dallas.

"This issue has come before us many times before and every time it comes up we vote it down. So actually we don't understand why the Governor is choosing to waste taxpayer dollars for something we've already voted on," said Rep. Mihaela Pleasa, D- Collin County.

Then, rural Republicans have their own concerns, like how private schools will be treated differently than public schools because they'll get public money without the same requirements public schools have.

"Where's the accountability with this? Are private schools going to agree to take the STARR test? Or are homeschoolers going to agree to take the STARR test? If not, is that fair? That we send money to public schools and we put all these strings on it. You have to do all these things and then private school here's you a check, go spend it as you wish. I don't think anyone would agree that that's fair and equitable," said Rep. Gary VanDeaver, R - New Boston, in an interview earlier this year with NBC 5.

Rep. VanDeaver did tell NBC 5 he would entertain a "very narrow" program with a focus on students whose needs are not being met in public school.

NBC 5 asked Sen. Creighton if he would support a carve-out for rural districts who may not have private schools open nearby. He said he opposes the idea.

"I don't think it would be fair to carve out any part of the state from allowing moms and dads to have that education freedom. So that would not be my intention," said Sen. Creighton.

Speaker of the Texas House told NBC 5 in an interview last week there may be enough votes in the Texas House among a larger package with more per-student public school funding, more school security funding, and a pay raise for teachers.

"I think as a package when you bring in rural districts and other areas of the state who need more school finance and you offer them that in addition to an ESA. I think there's an opportunity there," said Speaker Phelan, R - Beaumont.

Sen. Creighton said he was open to those types of negotiations.

"We see different ways that these bills are packaged up and we end up going to conference and negotiating on that. It's part of the process," said Sen. Creighton.

But the package may fall apart based on what is acceptable to both chambers. If the House puts testing and curriculum requirements on the program and limits it to only certain populations, that may not be acceptable to the Texas Senate whose leader, Lt. Governor Dan Patrick, wants a broader program. Negotiations over who gets these Education Savings Accounts and what they have to do to get them will be lengthy. This will be the toughest item on Governor Abbott's special session call.

Other items will move quicker. As usual, the Texas Senate already passed their versions of the Governor's items out. That includes Senate Bill 7, which bans private companies from requiring the COVID-19 vaccine. The bill by Republican Senator Mayes Middleton, R - Galveston, now heads to the Texas House.

The Senate also passed Senate Bill 11 by Republican Senator Brian Birdwell, R-Granbury, which would create a new state crime for entering Texas illegally. The idea would give local police and DPS troopers the ability to arrest people with a first-time offender getting a year in jail according to a press release from the Lt. Governor. If the idea becomes law it will almost certainly be challenged in court. Under our system of government, immigration laws are usually left to Federal immigration officials. Many parts of a similar Arizona law were struck down a few years ago but it is a new Supreme Court in Washington D.C. which may allow this one to become reality.