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Texas House Bill 3: What You Need To Know

BACKGROUND:

HB 3 - Texas State Bill


Opening day of the 2023 Texas Legislature at the Capitol in Austin on Jan. 10, 2023. Bob Daemmrich for The Texas Tribune.
Opening day of the 2023 Texas Legislature at the Capitol in Austin on Jan. 10, 2023. Bob Daemmrich for The Texas Tribune.

House Bill 3 (HB 3) proposes an Education Savings Account (ESA) program in Texas, allowing parents to use taxpayer funds for private school tuition, homeschooling resources, and specialized educational services. The bill aims to give families more control over their children’s education and offers flexibility for students to attend private schools or access alternative educational options. The Texas Comptroller will oversee the program, ensuring accountability and proper fund distribution.


WHY THIS POLICY?

HB 3 aims to give parents more control over their children's education by allowing them to use public funds for a variety of educational options outside of traditional public schools. This program would be available to students attending private schools, receiving tutoring, or participating in other educational services. Proponents of HB 3 argue that the bill will give parents more flexibility, especially in areas where public schools may not meet their needs, and will drive educational improvement by introducing more competition into the system.



KEY DETAILS:

  • Eligibility: HB 3 establishes a universal ESA program available to all school-aged children in Texas, including those already enrolled in public or private schools. Priority is given to children with disabilities and those whose families meet income requirements (below 500% of the federal poverty line).

  • Voucher Amount:

    • $10,000 per year for students attending private schools.

    • $11,500 per year for students with disabilities.

    • $2,000 per year for home-schooled students or those using tutoring or higher education courses.

  • Funding & Allocation: Funding for ESAs would be based on a percentage of the statewide average per-pupil expenditure in public schools. For students with disabilities, additional funding considerations would apply, potentially reaching $30,000 per student annually.

  • Accountability: To ensure proper use of funds, HB 3 mandates annual audits of the program and transparency in its administration. Students would be required to take either state assessments or nationally recognized exams (like the SAT or ACT) to measure academic progress.

  • Special Education Provisions: A key feature of HB 3 is its inclusion of children with disabilities in the program. However, private schools that accept ESA funding are not required to comply with federal special education laws like the Individuals with Disabilities Education Act (IDEA), which has raised concerns about the accessibility of services for disabled students.

  • Oversight: The Texas Comptroller will manage the program and ensure compliance with spending guidelines, while certified educational assistance organizations will help administer applications and process payments to approved educational providers.



OPPOSING VOICES

Critics of HB 3 raise several concerns, especially regarding its potential impact on public school funding. As public schools are funded based on enrollment, diverting funds to private institutions could lead to significant budget cuts in public schools, particularly in rural areas where public education is often the only option.


Some critics also argue that HB 3 will disproportionately benefit higher-income families by extending eligibility up to 500% of the federal poverty line, which could allow middle-class families to take advantage of the vouchers. This could reduce the program's effectiveness in helping low-income families who may need the support the most.


Additionally, there are concerns that private schools may not be equipped to accommodate students with disabilities, as they are not required to comply with the same special education laws that public schools must follow. This could leave vulnerable students without the necessary support or accommodations.



SIGNIFICANCE

HB 3 represents a major step toward school choice in Texas, aiming to expand educational opportunities and provide parents with more control over their children's education. If passed, it could offer greater flexibility for families seeking alternatives to public education, particularly in areas where public schools are underperforming. However, the potential effects on public school funding, access to services for students with disabilities, and the broader impact on educational equity are critical issues that will continue to be debated as the bill progresses through the legislative process.


 
 
 

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