Texas senators spar over whether school voucher proposal prioritizes vulnerable students

Yahoo

29-01-2025

A conversation among state senators and guests invited to the Texas Capitol to speak Tuesday about legislation to create a school voucher-like program largely focused on whether the proposal would live up to its promise of prioritizing low-income families and children with disabilities.
Senate Bill 2, a bill authored by Sen. Brandon Creighton, a Republican from Conroe who chairs the Senate Education Committee, would create an education savings account program. It would provide families with $10,000 a year per student in taxpayer dollars to fund their children's tuition at an accredited private school and additional expenses like textbooks, transportation and therapy. The legislation would provide $11,500 per student for children with disabilities. It also would provide at least $2,000 a year per student for home-schooling families who participate in the program.
Any child eligible to attend or already attending a public school could apply to the program proposed by the Senate, as well as those enrolled in a public school's pre-K program. Families with children already attending private schools could also participate. Using a lottery system, the bill would prioritize students in low-income households and children with disabilities if demand for the savings accounts exceeds the funding available.
But during Tuesday's hearing, Democrats on the Texas Senate Education Committee raised questions about whether the bill would actually help underserved students.
They took issue with how the proposal considers a family 'low income' if its total annual income sits at or below 500% of the federal poverty level — a number far above the 130% threshold the federal and state governments use to determine whether a student is 'economically disadvantaged' and eligible for free lunch.
If the recent proposal passed into law as it currently stands, a household of two making roughly $105,750 per year would fall under the definition of a low-income household.
The bill says organizations that help the state run the program would have to notify parents that private schools do not have to follow federal and state laws regarding special education that public schools must abide by, such as the Individuals with Disabilities Education Act, or IDEA. The federal law, among other requirements, has long protected families and their children by working to ensure students with disabilities receive thorough evaluations and educational services.
On Tuesday, Sen. José Menéndez said the bill seems like it 'doesn't really have a priority' because of the high income threshold. The San Antonio Democrat expressed concern about families of children with disabilities waiving their protections under federal law.
Menéndez also sought clarity from Creighton, the bill's author, about whether a private school could deny a student admission because of their disability.
Sen. Royce West, a Democrat from Dallas, raised similar worries about the bill's broad definition of a low-income household not prioritizing the neediest students. He also shared concerns about the history of school vouchers in the South, which included an attempt in Texas to establish such programs in opposition to school desegregation in the 1950s. West also noted that many of the children who benefit from expansive school voucher programs elsewhere in the country come from wealthier families already sending their kids to private schools.
'So frankly, we're subsidizing students that were already involved in the program?' Royce asked.
Creighton said only examining recent demographic data of voucher-like programs may not provide an accurate picture of who they benefit because some of those programs have existed for decades. Addressing concerns about the bill's definition of a low-income household, the education committee chair said the 500% threshold would include people who play essential roles in their communities while raising their families.
'That's the number we ended up at to make sure that if a teacher and a fireman that are working hard every day to just make life make sense, and they have three or four kids, that they would be eligible within the framework and prioritized first,' Creighton said.
The Conroe Republican also said he intended for the bill's generous income provisions to make education savings accounts available to a wide range of families. He cited some parents' desire to explore other educational options because of challenges their children faced in their public schools, like bullying.
Regarding the potential for private schools to deny admission to students with disabilities, Creighton said private schools have to base their admissions decisions based on the types of services they offer. He noted a difference between a 'reasonable' rejection and discrimination, which he said could have 'serious implications' for a private school relying on a tax exemption.
Sen. Mayes Middleton, R-Galveston, said he didn't think parents would place their children with disabilities in private schools that don't meet their needs. He also said he thinks the program would create opportunities for more private schools to open that specialize in providing special education services.
'I am anticipating that,' Creighton said.