The voucher-like proposal is now headed to the full Texas Senate, and the upper chamber could vote on it as soon as next week. The Senate is in recess until 10 a.m. Feb. 3, according to Texas Legislature Online.
Senate Bill 2 is the first bill to be sent to the Senate floor this year, reflecting urgency from Gov. Greg Abbott and Lt. Gov. Dan Patrick to pass the legislation after similar proposals died during the 2023 legislative session.
The committee’s nine Republicans voted in favor of SB 2 after a nearly eight-hour hearing, while the two Democrats opposed the bill.
The overview
The hearing came a few days before Abbott’s biennial State of the State address, which is scheduled for Feb. 2 in Austin. The governor is expected to outline his legislative priorities during the speech and may declare education savings accounts an “emergency item,” which would allow lawmakers to bypass a constitutional rule that generally prevents them from passing legislation during the first 60 days of the session.
Abbott deemed education savings accounts, or ESAs, an emergency priority in 2023.
“As a former math teacher, as a former counselor, as a mom, a grandmother, ... I believe that our children literally are our future,” Sen. Angela Paxton, R-McKinney, said during the Jan. 28 hearing. “I believe also that, if we are going to keep our future free, that it is imperative that we provide options to parents so that their children can have the best fit, the best success that they're capable of.”
SB 2, authored by Sen. Brandon Creighton, R-Conroe, would give families $10,000 annually per student to pay for tuition and other educational expenses, such as textbooks or transportation, at an accredited private school. Children with disabilities would receive $11,500 each year for private school, and families who homeschool their children would receive at least $2,000 annually.
Creighton, who chairs the Senate Education Committee, emphasized that families would never touch the ESA money, which he said could prevent fraud. Instead, the state comptroller would distribute funds to private schools or other vendors, such as tutors.
“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 $1,000 left over,” Creighton said. “This is an education savings account with the strongest anti-fraud provisions in the country.”
Breaking down the bill
SB 2 would allow “universal” access to ESAs in Texas, Creighton said. Students who are eligible to attend or enrolled in a public school could apply, alongside students enrolled in a private school or homeschool.
If more families apply than funding is available, SB 2 would give priority access to public school students who have disabilities or are from low-income households.
Initial drafts of Texas’ 2026-27 budget—House Bill 1 and SB 1—propose $1 billion annually for ESAs beginning in 2027, although it is unclear exactly how many students would be able to enter the program.
“The funds for the education savings account, they don't come from public education,” Creighton said. “We’re being consistent in keeping those subjects separate in our efforts to lift up public schools and public school teachers.”
House lawmakers attempted to tie the two policies together during a 2023 special session, but the proposal stalled due to opposition from Democrats and rural Republicans. Abbott expressed confidence that a “school choice” plan would reach his desk this year after several pro-voucher Republicans were elected to the House in November.
“Please use your voice and use your vote this session to expand the opportunity for every parent to choose the school that's best for their child,” Abbott told state senators Jan. 14. “There’s a hunger for that.”
Zooming in
During the Jan. 28 hearing, Sen. José Menéndez, D-San Antonio, said he was concerned $10,000 would not be enough to help low-income families pay for private education.
“In many schools, it'll possibly cover tuition, but it may not cover uniforms, transportation, lunch [or] books,” Menéndez said. “So if the parents have this $10,000 but they can't afford to make up the difference, are they really eligible?”
During the 2021-22 school year, the average cost of private school tuition in Texas was $9,831, according to the Texas Private Schools Association. The overall cost to attend a private Catholic school in Texas is about $15,000 per year, said Jennifer Allmon, executive director of the Texas Catholic Conference of Bishops.
“The message I would leave you with is: anything helps,” said Nathan Cunneen, the state director for the American Federation for Children, a school choice advocacy group. “There are thousands of families in Texas that are low-income or middle-income that are struggling to pay for private school out of pocket already. There's many more that just need a little bit of help.”
The debate
Over 100 people signed up to testify about SB 2 during the hearing, including some Texans who expressed concerns the program would not benefit their families or communities.
SB 2 could have a “negative impact on students with disabilities,” said Sabrina Gonzalez Saucedo, public policy director for the Arc of Texas, an organization advocating for people with intellectual and developmental disabilities.
Gonzalez Saucedo said she believes private schools that would receive state funding should comply with the Individuals with Disabilities Education Act, a federal law requiring that public schools serve students with disabilities and provide them certain educational services. Private schools would not be required to follow the act under SB 2.
“Without these protections, students may face discrimination, exclusion and a lack of necessary support,” Gonzalez Saucedo said. “In addition, we recommend that families receive clear, comprehensive and accessible information about how an ESA program will impact their child's education, [such as] the loss of IDEA rights and other federal protections when enrolling in a private school.”
Rebecca Renfro, a mother from Huntsville, said she supported SB 2 because private education “completely changed” the life of her teenage son, who has autism. Renfro told senators she pulled her son out of public school several years ago after he was “marginalized, abused, bullied and largely ignored.”
Her son, Owen, enrolled in Texas Autism Academy in Magnolia in 2018, Renfro said, and is involved in several extracurricular activities and “planning a life after high school, which includes college and a career.”
Renfro urged the committee to support SB 2 for families like hers.
“I'm a single mom, and private school is expensive—my parents are spending their retirement savings to help you pay for my son's education,” she said. “There are many families who do not have these resources, and their children are left to fall through the cracks. This legislation would go a long way in giving hope to families who just want their children to thrive.”
One more thing
Others testified that Texas lawmakers should increase funding for public schools before creating an ESA program.
Grapevine resident Rachael Abell told the committee she believes private schools “can be the best option” for some families but should not receive public funding.
“Under SB 2, private schools in Texas would be allowed to take my tax dollars without being held to the same accountability standards as public schools,” Abell said. “We should focus on investing in public education, which builds the Texas workforce and strengthens our economy. ... These programs need more resources, not fewer, to help fill the gap caused by inflation and underfunded mandates.”
To applause from some audience members, Menéndez said he would be “more than happy to support something as innovative as this after we fully support our public schools.”
Budget writers from both legislative chambers set aside about $5 billion in new public education funding, which could include pay raises for teachers and about $400 million for school safety, according to Jan. 22 news releases from Patrick and House Speaker Dustin Burrows. Legislation tied to those proposals had not been filed as of Jan. 29.
