Marathon Hearing on School Vouchers Features Intense Bipartisan Opposition

Representative Brad Buckley, Republican House Public Education Committee chair and author of the chamber’s voucher proposal, opened the hearing on House Bill 3 Tuesday morning, stating: “My intent is to provide families with the opportunity to choose the best possible educational setting for their child, and I believe House Bill 3 provides this choice while prioritizing Texas’ most high needs and vulnerable students.”

After hearing testimony for the next 23 hours—more than 300 registered to speak—the committee left the bill pending without an immediate vote. The bill’s numerous opponents who testified often echoed Democratic Representative James Talarico’s statement that, “There is a disconnect between the rhetoric and what the bill actually says.”

HB 3 is a universal voucher program that would provide an estimated $10,330 to students (and more for those with disabilities) who attend private schools and $2,000 for homeschooled students in the program. The amount for private school students is set at 85 percent of the average local and state funding public schools receive per student statewide; it is estimated to grow to $10,889 by 2030 in the bill’s fiscal note. Lawmakers have initially set aside $1 billion for the program for 2027, while the Legislative Budget Board estimates the program’s net cost at nearly $4 billion by 2030.

Proponents of the bill touted that HB 3 prioritizes low-income students and students with disabilities. If applicants exceed capacity, the bill lays out a priority order favoring kids with disabilities and in households at or below 200 or 500 percent of the federal poverty line. Despite that language, critics argued there are barriers for such families.

“Prioritization in a lot of states is window dressing because what matters is who actually gets the funds; who actually gets admitted; or who’s already been admitted,” Talarico said.

Democratic Representative Harold Dutton argued high tuition rates made private schools cost-prohibitive to low-income students, citing an average private school tuition of around $27,000 in the Houston area. “If you get $10,000, you’re still $17,000 short. And for most of these families that are poor families, that creates, you know, a mirage that they can now access it.”

Representatives of the Texas Private Schools Association and the Texas Catholic Conference of Bishops spoke of financial assistance that private schools could offer to some families.

Talarico called for a hard cap on income for eligible families and a provision that would give current public school students priority over current private school students to be added to the bill. “What we’re talking about is we are sending our limited, precious taxpayer dollars to the wealthiest families in the state who are already sending their kids to private school. And if you say that’s not the purpose, then put it in your bill.”

Democratic Representative Diego Bernal recommended adding a mandate for private schools to waive the difference between the tuition and the voucher amount for low-income applicants.

“That would be an inappropriate regulation into the private school and an inappropriate intervention into that process with the parent,” responded Jennifer Allmon, executive director of the Texas Catholic Conference of Bishops.

Matthew Ladner, a senior policy adviser with the right-wing Heritage Foundation, testified that “private schools wouldn’t participate” if that mandate was included in the proposal.

Voucher opponents expressed concerns that it would mostly be current private school students who would ultimately take advantage of the program. Josh Cowen, a professor of education policy at Michigan State University, testified that only a quarter of voucher program participants nationwide came from public schools. The bill’s fiscal note estimates that of 350,000 students currently attending private schools statewide, “50.0 percent would apply to participate in the program in the first year, increasing five percent each subsequent year.”

HB 3’s per-student funding formula, along with details of its student prioritization and some provisions related to kids with disabilities, distinguish it from its counterpart Senate Bill 2, which the Senate has already passed.

Under HB 3, students with disabilities in private school could receive up to $30,000 a year—but private schools do not have to offer special education services as public schools are required to under federal special education laws, Steven Aleman, a policy specialist with Disability Rights Texas, said. “There is no state law or federal law for that matter that requires an IEP [Individualized Education Program for students with disabilities] be developed by a private school for a student with a disability. The rights that a student gets pursuant to IDEA [the Individuals with Disabilities Education Act], you forgo those rights when you go to a private school.”

Laura Colangelo, executive director of the Texas Private Schools Association testified that 19 percent of private school students currently enrolled have “special needs” and that services students can receive are dependent on the student’s contract with the private school.

Others testified that private schools did not admit or accommodate the needs of students with disabilities. “My name is Phil Lee, sixth grade, and I use a power walker because I have cerebral palsy,” a student testified. “My mom has tried and looked at private schools for me, but they turned me away because I’m in a wheelchair.”

Dr. Liz Piñon, a mother of kids with disabilities and education associate with the pro-public ed Intercultural Development Research Association testified, “We’ve explored the possibility of private schools all over DFW, but the outcome was always the same. As soon as they learned about our children’s disabilities, the doors were closed.”

“If we truly want to support students with disabilities, we must strengthen, not abandon, our public schools instead of draining money from our public schools. Why not fix our system, fully fund our special ed schools, reduce those class sizes, hire and train more special ed teachers and expand access to transition programs to prepare students for the life after high school?” Piñon said.

Criticism of the bill came from both sides of the political aisle, with conservatives denouncing the program’s high cost to taxpayers. “I’m coming to you as a Texas retired teacher and as a conservative from Harris County. I’m a Republican precinct lead, and I wanted to remind you to please represent your Texas constituents. … My input for you today is to kill this bill,” Mary Ann Jackson said.

Mary Lowe, who testified as a member of the conservative public education group Families Engaged, said the debate around vouchers was “ripping the party apart.” She added, “This bill has an open-ended check for the taxpayer.”

Last week, the education committee heard testimony on House Bill 2, what Buckley has called “a historic school funding bill.” While applauding the bill’s investment in special education funding, school district leaders and teachers criticized the bill for insufficient increases to the state’s basic allotment and to teacher pay.