Virdell’s ‘Public Education’ Scholarship Bill Pays Families To Leave Zoned Schools

The text as introduced · 526 words

By: Virdell
H.B. No. 3938

A BILL TO BE ENTITLED

AN ACT

relating to the formation of a public education scholarship

program.

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

SECTION 1. Chapter 29, Education Code, is amended by adding

Section 29.202.

SUBCHAPTER G. PUBLIC EDUCATION SCHOLARSHIP PROGRAM

Sec. 29.202. DEFINITIONS. In this subchapter:

(1) "Eligible child" or "child eligible to receive a

public education scholarship" means a child who

(A) is eligible to attend school under Section

25.001,

(B) meets the requirements in 29.202 of the

Education Code,

(C) was enrolled in a public school in the

preceding year or is enrolling in prekindergarten, kindergarten, or

first grade for the first time in 2025.

(2) A school district shall annually notify the

parent, guardian, or custodian of each eligible child of the

child's eligibility for scholarship as provided by this subchapter

no later than 30 days before the beginning of the school year.

Sec. 29.203. FINANCING. (a) A child's public education

scholarship is equal to the amount of maintenance and operations

property tax paid for the child's primary residence to the

corresponding public school district or the full amount of the

basic allotment, whichever is less. In the event there is more than

one eligible child residing at the residence, the amount of the

scholarship for each child shall be a pro-rata share of the total

amount. A scholarship for one child cannot be used for another

child in the same home.

(b) In the event the child lives in a single-family home or a

multi-family dwelling owned by an unaffiliated entity and the

parent or guardian rents, the child is eligible for the amount of

maintenance and operations property tax paid that corresponds to

the pro-rata share of the dwelling rented.

(c) A child's public education scholarship is the

entitlement of the child, under the supervision of the child's

parent, guardian, or custodian, and is not an entitlement of any

school of any kind.

(d) In order to receive the amount of the scholarship, a

parent must present proof of enrollment at an educational

institution, other than the public school to which the student is

zoned, to the county tax office. This proof must be renewed

annually on or before January 1 of each year.

(e) The parent shall be issued a property tax refund via an

electronic payment or paper check in the amount of the scholarship

within 30 days of presenting the proof to the county tax office.

(f) Upon graduation or withdrawal of the eligible student,

the parent will no longer be allowed to receive the property tax

refund allowed under this section.

(g) If a child enrolls in a public school after receiving a

scholarship under this section, the parent shall pay a pro-rata

share of the scholarship back to the county that issued the refund

initially.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.