Voucher Bill Freezes Private School Rules At January 1, 2025

The text as introduced · 906 words

89R1135 MM-F

By: Cain
H.B. No. 212

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a parental empowerment program

administered by the comptroller of public accounts.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Texas Parental

Empowerment Act of 2025.

SECTION 2. The legislature finds that:

(1) parents should be empowered to direct their

children's education;

(2) there is not one best educational option for all

children in this state;

(3) children belong to their parents, not to the

government;

(4) the best education for children in this state is

one directed by their parents, with all educational options made

available and accessible through a program in which money follows

each child to the educational option that best meets the child's

unique educational needs; and

(5) in Espinoza v. Montana Department of Revenue , 591

U.S. 464 (2020) and Carson v. Makin , 596 U.S. 767 (2022), the United

States Supreme Court held that state prohibitions on the use of

generally available state tuition assistance programs for children

to attend religious schools violate the Free Exercise Clause of the

First Amendment to the United States Constitution.

SECTION 3. The purpose of this Act is to achieve a general

diffusion of knowledge, increase efficiency by providing highly

qualified education professionals an opportunity to empower

parents to make the best decision regarding the education of the

parent's child, enshrine the parent as the primary decision maker

in all matters involving the parent's child, and fully fund schools

in this state while giving parents a choice about which type of

school is the right choice for the parent's child.

SECTION 4. Section 48.266, Education Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) Notwithstanding Subsection (b), the commissioner

shall adjust enrollment estimates and entitlement for each school

district for each school year based on information provided by the

comptroller under Section 48.551(g). This subsection expires

September 1, 2030.

SECTION 5. Chapter 48, Education Code, is amended by adding

Subchapter J to read as follows:

SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM

Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this

subchapter, "program" means the Parental Empowerment Program

established under this section.

(b) A parent or legal guardian of an eligible student who

agrees to accept reimbursement in an amount that is less than the

state average maintenance and operations expenditures per student

may receive reimbursement from the state for the tuition paid for

the enrollment of the eligible student at a private school in an

amount that is the lesser of:

(1) the tuition paid; or

(2) 80 percent of the state average maintenance and

operations expenditures per student.

(c) A student is eligible to participate in the program if

the student is a school-age child who resides in this state.

(d) Money from the available school fund and federal funds

may not be used for reimbursement under this section.

(e) A private school voluntarily selected by a parent for

the parent's child to attend, with or without governmental

assistance, may not be required to comply with any state law or rule

governing the school's educational program that was not in effect

on January 1, 2025.

(f) The comptroller shall administer the program and

provide reimbursement to a parent or legal guardian of an eligible

student, or the parent's or guardian's assignees, as authorized by

this section.

(g) Not later than October 1 of each year, the comptroller

shall notify the commissioner and the Legislative Budget Board of

the number of eligible students likely to participate in the

program, disaggregated by the school district or open-enrollment

charter school the eligible students would otherwise attend. Not

later than March 1 of each year, the comptroller shall provide final

information to the commissioner and the Legislative Budget Board

regarding the number of students participating in the program,

disaggregated in the same manner as the initial information.

(h) Each school year, the agency shall, subject to the

approval of the governor and the Legislative Budget Board,

distribute to each school district and open-enrollment charter

school on a per student basis a total amount of funding equal to the

amount of any cost savings to the Foundation School Program that

resulted from the operation of the program during the preceding

school year.

Sec. 48.552. ADMINISTRATIVE COSTS. (a) The comptroller may

deduct a percentage of each reimbursement made under this

subchapter to cover the comptroller's administrative costs in

implementing and administering the program. The percentage

deducted from each reimbursement may not exceed the lesser of:

(1) the pro rata cost of the program in the applicable

year; or

(2) two percent of the amount of the reimbursement.

(b) This section expires September 1, 2035.

SECTION 6. (a) As soon as practicable, but not later than

October 15, 2025, the comptroller of public accounts, in

coordination with the commissioner of education, shall adopt rules

to implement the Parental Empowerment Program under Subchapter J,

Chapter 48, Education Code, as added by this Act, including rules to

prevent fraud in financial transactions under the program and to

determine the net savings resulting from implementation of the

program.

(b) The rules adopted under Subsection (a) of this section

must require reconciliation of payments for all reimbursements

within the same fiscal year or within the first month following the

end of the fiscal year.

SECTION 7. This Act takes effect September 1, 2025.