Lawmakers in Austin debated Tuesday into the night on one of the most controversial bills going through the legislature this year. Senate Bill 2 would allow families to use public school tax dollars on private and home schools.
The Texas Senate Committee on K-16 Education held a hearing on the bill. Similar ideas have passed the upper chamber many times but a coalition of rural Republicans and Democrats have rejected the idea so far. Governor Abbott has said he has the numbers to pass it through the lower chamber this time.
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"One size fits all education does not work for many of our students," said Sen. Creighton, "Too many families find themselves trapped by their zip code."
SB 2 includes $1 billion over the next two-year budget, enough to give up to 100,000 students and their families, roughly $10,000 in education savings accounts. There are 5.5 million students in-state public schools.
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Some of the details were debated Tuesday afternoon in front of education advocates and the press.
To cut down on fraud, the bill's sponsor, Sen. Brandon Creighton, R - Conroe, designed the program to be managed by the Texas Comptroller and state-approved vendors.
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"This money doesn't go to the parents like a voucher. So you can't go to Rooms-To-Go and buy furniture if you have a thousand bucks left over," said Sen. Creighton.
Other than a testing requirement, there are few strings attached so parents can send students to religious schools or home-schooling their students.
“Just to clarify. This bill will not allow government interference in religious beliefs would it?" asked Sen. Angela Paxton, R - McKinney.
“No," responded Sen. Creighton.
Some Democrats on the committee were concerned the program did not prioritize low-income families enough. To qualify for the lottery to obtain an education savings account, a family needs to make 500 percent of the poverty line, which according to Sen. West, was roughly $150,000 a year. Twenty percent of the accounts will be available to any income through a lottery.
“At least I don’t see it, this does not prioritize the lowest income in our state or I don’t see anything in there about prioritizing kids coming from academically failing schools," said Sen. Royce West, D-Dallas.
"If the parents can have this ten thousand but they can’t afford to make up the difference (in books, transportation, uniforms), are they really eligible," said Sen. Jose Menendez, D - San Antonio.
Even if the proposal passes the Texas House and Senate, it will likely be challenged in court by public school advocates who fear it will divert resources away from the current system. They'll likely argue the program violates the state constitution, which requires lawmakers an "efficient system of public free schools.”