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Texas struggles to pass universal school choice, bucking a trend of red states that made it possible

Texas Republicans have struggled to pass a universal school choice bill amid a wave of other red states passing universal school choice legislation.

While eyes are waiting for Texas to pass a school choice bill after Texas Gov. Greg Abbott pushed the measure, the Lone Star State is struggling to join the wave of red states that made it happen.

Recently, Republican governors made significant inroads in pushing universal school choice legislation, which did not exist anywhere in the country a few years ago. 

Nine states have enacted universal school choice with state Republicans leading the effort. 

School choice, which provides all families with alternatives to the public schools they’re zoned for, can be expanded through multiple avenues at the state level, including school voucher programs, tax-credit scholarship programs, individual tuition tax credit programs and deductions, and education savings accounts. These programs can be limited to certain households based on an income threshold or other factors or can be expanded universally to all children.

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American Federation For Children senior fellow Corey DeAngelis told Fox News Digital that states with GOP trifectas are the most likely to pass universal school choice policies.

According to a Sept. 26 letter signed by Abbott and addressed to Lt. Gov. Dan Patrick and Texas House Speaker Dade Phelan, the governor notified the Texas Legislature that a third special session will begin on Oct. 9. 

The special session is expected to focus on public education, including the issues of school vouchers and public school funding. 

The call for the special session came after lawmakers failed to reach an agreement on school choice, which has been one of Abbott’s top legislative priorities this year.

On Sept. 19, Abbott called on Texans to participate in a town hall titled School Choice Sunday to be held on Oct. 15 to voice their support for school choice. Abbott emphasized the importance of Texans contacting their legislators about expanding educational options for their kids.

"I believe that every parent can do a better job of raising their children if they are given the power to choose the school that is best for their child," Abbott said.

Back in March, a group of Texas GOP senators proposed a bill, Senate Bill 8, that would provide education savings accounts [ESAs] of up to $8,000. This bill is not universal and would have only made certain students eligible. 

The ESA is a school choice model that enables parents to use public funds to cover a variety of education expenses, including private school tuition, instructional materials, and homeschooling costs.

The state legislature could not come to an agreement over education savings accounts [ESAs] during the last regular legislative session

Per the Texas Tribune, the state senate tried different ways to pass an education savings account program, but Democrats and rural Republicans blocked their efforts.

DeAngelis called out State Rep. Travis Clardy, in particular, for voting against school choice. He argued further that Texas GOP lawmakers have been bought by "teachers unions" who don't have any interest in supporting school choice measures.

"One such politician is Texas House Republican, so-called Republican Travis Clardy, who voted against school choice during the regular session and has taken teachers union money from at least three groups backed by the teachers unions in Texas."

Clardy is one of the 24 GOP lawmakers who voted against ESAs and has been at odds with Abbott over school choice. 

In a recent interview discussing the matter, he told Longview News Journal that the governor is unclear on what a school choice program would look like.

"Gov. Abbott says he wants it, but he won’t tell us what he wants and what it looks like," he said. "I’m open for innovation, but we, in the House and our rural colleagues, won’t rebel to a plan which says it will help with special needs kids, which are unique challenges to funding (for rural counties) and we need to take care of them."

Clardy explained further that he is not convinced vouchers are a good move for public schools in rural areas where there are not many options like there are in suburban and urban communities.

Clardy did not immediately respond for comment.

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Teachers unions typically lobby against school choice because they claim it siphons off taxpayer funding that is being allocated into other educational options and instead could be used to boost teachers' salaries, invest in public school facilities, and recruit more teachers.

When parents have options outside public schools such as homeschooling or charter schools, public school functions could be debilitated.

DeAngelis said Texas state lawmakers could face consequences for choosing not to support school choice by being ousted in the next primary election cycle. 

Claiming support for school choice is a "GOP-litmus test" issue, DeAngelis said, using Iowa as an example of incumbent GOP candidates losing primary elections after choosing not to support the governor's proposed universal school choice bill. GOP Iowa Gov. Kim Reynolds endorsed nine candidates with a pro-parent platform in primary elections, ousting the incumbent GOP candidates who did not support that platform.

Reynolds prioritized a bill that would establish education savings accounts that would be universally eligible to all of Iowa's children, but the bill failed despite the GOP-dominated legislature. Some GOP lawmakers objected to the school choice measure due to concerns that it would divert funds from rural areas since 42 counties do not have private schools.

"I see a parallel here between what happened in Iowa just over the past couple of years and what's currently unfolding in Texas. In Iowa, you had Governor Reynolds, a staunch education freedom advocate, fight as hard as possible for school choice last year and 2022."

DeAngelis went on to say, "So guess what happened? Instead of passing the limited version of school choice that was proposed last year in Iowa, Governor Reynolds went out and got a new house supported by the voters because school choice is a very beneficial and popular topic among primary voters in particular."

Iowa passed universal education savings accounts this year.

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"I think a time has come where a new special interest is holding those Republicans accountable, and they're called parents," DeAngelis said.

While the parental rights movement has grown since the COVID-induced school lockdowns and rising concerns over progressive curricula, it has proven to be a political force in local school board, state-level legislative, and gubernatorial elections. Virigina Gov. Glenn Youngkin's success has also been attributed to his push for pro-parent policies

After North Carolina became the ninth state to pass universal school choice, more states are on the verge of passing school choice. 

There are 22 states with GOP trifectas that have not yet passed a universal school choice bill. Tennessee and Alabama's governors have expressed strong support for school choice, so they are expected to pass universal school choice, according to DeAngelis.

Arizona was the first to start the universal school choice trend. In July 2022, the state opened up its Educational Savings Account program to all students, eliminating restrictions that had limited it to those in poor-performing school districts, Indian reservations and those with disabilities.

Arkansas, Florida, Iowa, Utah, and West Virginia also implemented ESA models. Oklahoma passed a universal tax credit program and Ohio implemented a universal school voucher program. 

Indiana’s "Choice Scholarship Program" allows children in low-and middle-income families to receive vouchers to attend private schools. It turned out that 98% of families are eligible, making it nearly universal.

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