John Craig of ACSI asked me to join the Texas Private School Association (then the Texas Association of Nonpublic Schools) back in 2008. I had not heard of this organization, and very few people had. John explained that it was the advocacy voice in the Texas Legislature for private schools, and he thought I’d be good for the board, given my background as a lawyer.
I wanted to get more involved in private school causes generally, and I believed it was important back then to preserve our religious liberties as Christian schools ( I still do). So, I said yes. This was my first introduction to school choice- using public funds to allow parents to choose where they sent their children to school. Even then, the concept made sense to me. Parents are paying taxes to educate children throughout Texas, as well as their own children. Shouldn’t they have some agency, some say, in how their dollars were used to educate their children? And, shouldn’t families who were still paying taxes but wanted but couldn’t afford full Christian school tuition in part because of that bill have the opportunity to send their children to those schools? Shouldn’t parents have these opportunities as long as public schools are funded for everyone else (which I deeply believe they should)?
Even in 2008, the Texas Private School Association advocated for school choice, or parents’ right to choose where their children attended school. Except no one had heard about the idea, and there was virtually no support for it. Meanwhile, other states began to adopt school choice programs of their own.
In the late 2010s, there began to be more momentum for school choice in Texas. In fact, several school choice bills passed the State Senate during this time. But they could never get a hearing in the House.
Then COVID happened. For many reasons I won’t discuss here, but which are well-documented, people became frustrated with their current schooling options and more interested in what was happening in private schools. School choice initiatives were adopted on a widespread basis in around 75 programs in 34 states around the country, before Texas. Not wanting to be left behind, the Governor and Lieutenant Governor got behind similar legislation in Texas, and, as you know, over the past several months, a school choice bill has passed the House and Senate. It will be signed into law by the Governor on Saturday.
In the meantime, God has given me the opportunity to serve as chair (now past chair) of the TPSA and to have a front-row (and sometimes in-the-ring) seat in the world of school choice. I thought it would be helpful to talk about what this initiative is, what it isn’t, and how it’s likely to impact Grace over the next several years.
First, let’s talk about what the law does. The school choice law creates an Education Savings Account, or ESA. ESAs allow families who qualify to have access to funding, like a debit card, which they can use for various things, like tuition to private schools, tutoring, online programs, curriculum for homeschooling, or several other uses. U.S. Supreme Court cases for the past 40 years, beginning with the Zelman case and moving through the recent Carson case, have said that even when these funds are used for religious schooling, they are not considered state funding of religious entities. This is so, courts reason, because the funds don’t go to the school directly, but to the individual who uses it as he or she deems appropriate, including for private school funding.
The Texas ESA bill provides for funding of 85 percent of the state average for public school average daily allowance for a child in public school, currently calculated at just over $10,000 per student. The program provides for $1 billion of total funding from the state, and the funding is to be allocated through a tiered system, with eligibility for the funding to be determined by the following tiers:
- Children with a disability in a family at or below 500 percent of the federal poverty guidelines (currently around $176,000 for a family of four).
- Children who are members of a family at or below 200 percent of the federal poverty guidelines.
- Children who are members of a family above 200 percent but below 500 percent of the federal poverty guidelines.
- Children who are members of a family above 500 percent of the federal poverty guidelines.
Therefore, the bill is structured so that the first dollars go to families of children with disabilities and of lower income, then proceeds toward what is essentially universal school choice availability, should there be funds remaining of the $1 billion allocated by the state. Eligible families will apply for funding through an office created by the state comptroller. The funding is currently scheduled to be available for applications to be made in January 2026, for availability at the beginning of the Fall 2026 school year.
Private schools will be responsible for reporting how they use the funding, and reporting their regularly-administered test scores (for example, we use MAP testing) for the students receiving the funding. That being said, there are specific provisions in the bill stating that the state is prohibited from interfering with the admissions policies and procedures of any private school receiving ESA students, nor can the state interfere with the religious mission of any such school.
As mentioned, school choice programs have been in use around the country for decades now. Therefore, there is quite a bit of research about what they tend to accomplish and what they do not. In almost every study that has measured outcomes for students participating in school choice initiatives nationwide, these initiatives work. They strongly tend to improve student outcomes without negatively impacting local school districts. I realize there are concerns as to whether these initiatives will actually be effective and whether they will hurt public schools, but this is one area where our state is not charting new ground. All I can say is that if 30 years of research is any indication (I can send a summary to anyone who wants to see it), the answers are “yes” and “no,” respectively.
Regarding Grace, the ESA bill is exciting, but not as important or exciting to us as our mission of “teaching Jesus” to our children. The bill will create opportunities for our existing students and families who struggle financially to have their students here to get some well-needed help. For a number of our families whose students have learning differences and who pay over and above regular tuition for these services, this bill could provide some welcome relief.
Likewise, for prospective families who are excited about their children having a Christian education but might not be able to afford it right now, this bill offers hope. And for schools like our sister school, Promise Academy, whose mission is to serve financially underserved communities around East Texas and throughout the state, this bill can be a game-changer. We’re grateful for these opportunities.
This bill will not cause our school to change or alter its mission in any way toward the families we serve. Our mission is to assist Christian families to educate, equip, and encourage their children to influence the world for Christ, and nothing about this bill will change that. If the bill did or ever does limit our freedom to exercise our mission, we won’t participate. Our school is for families who want a specific kind of education only we offer. It’s not for anyone fleeing other schools for any and all reasons. That’s never been who we serve, and it never will be.
Finally, our board and leadership have clear plans for current capacity and future growth, which were in place well before this ESA bill came to light. We have a mission and vision that doesn’t depend on this bill, and was God-breathed and directed, one that considers what is necessary to serve our community and families well, and to provide the outstanding Christian schooling experience we currently offer. Any growth we enjoy as a school will be thoughtful and prayerful and according to the plans already in place, and not dictated by any increased demand.
I am grateful that, in this season, God has provided for many children in Texas through this new ESA bill. It is his provision, because I know it results from years of prayer, planning, preparation, and work. It’s not a panacea, and I can assure you that there will be problems, as there are with any initiative instituted by humans and implemented by government. However, children who could have never known Jesus and never received a Christ-centered education should have that opportunity now. I see that as positive for the future of the Kingdom of God and the common good.
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