Texas Attorney General Ken Paxton has enthusiastically applauded the recent enactment of school choice legislation in Texas, championed by Governor Greg Abbott. This pivotal new law signifies a significant transformation in the state’s educational framework, offering parents expanded options for their children’s schooling.
Attorney General Paxton hailed the bill as a “major victory” for both parents and students across the Lone Star State, underscoring its potential to broaden their educational horizons.
“This legislation is a monumental step forward in empowering Texas families,” stated Attorney General Paxton. “By providing parents with more options, we are acknowledging the diverse academic needs of our students and ensuring they have the chance to learn in an environment that best suits them.”
The newly signed Senate Bill 2 establishes a statewide Education Savings Account (ESA) program, initially budgeted at $1 billion for its first year, with the potential for significant expansion in subsequent years as a cap on the program is set to be removed. Under this law, eligible parents can utilize public funds for private school tuition and other approved educational expenses.
Students accepted into the ESA program will receive funds equivalent to 85% of the per-student funding allocated to public schools, currently around $10,000 annually. The program prioritizes students with disabilities from lower-income families, who could be eligible for up to $30,000 per year. Homeschool students are also eligible for a lower level of funding, up to $2,000 annually, with the program slated to commence in the 2026-27 school year.
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While celebrating this legislative triumph, Paxton also acknowledged the potential for legal challenges to the new law. “If radical activists and special interests sue to prevent children from receiving the education that’s best for them, I promise to vigorously defend this law,” he asserted. “Texas will provide educational freedom and school choice to our students.”
In 2023, Paxton issued a legal opinion affirming the Texas Constitution did not inherently prohibit school choice, a crucial determination that laid the groundwork for the current legislative action. This prior opinion provided a vital legal foundation for the recently signed bill.
The passage of this legislation marks the culmination of years of persistent effort and debate, with Governor Abbott declaring school choice an “emergency item.”
This victory comes after a similar measure failed in 2023 due to bipartisan opposition raising concerns about the potential negative impact on public school funding, particularly in rural areas. Estimates suggesting a potential cost exceeding $2 billion annually also fueled opposition.
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Following that setback, Governor Abbott actively campaigned against Republican lawmakers who opposed the initiative, ultimately paving the way for the passage of SB 2.
With the signing of SB 2, Texas joins a growing number of states implementing expansive school choice programs. While supporters laud the expanded options for families, Attorney General Paxton’s pledge to vigorously defend the law suggests that potential legal battles may lie ahead as the state moves to implement this significant shift in its educational landscape.
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