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SB 2
Became law
Effective 9/1/2025
- Establishes an education savings account program administered by the comptroller to provide funding for approved education-related expenses
- Provides funding for the accounts in an amount equal to 85% of the estimated statewide average amount of state and local funding per student in average daily attendance, including state contributions to TRS
- Provides additional funding for students with a disability in an amount equal to the funding that a school district would be entitled to
- Caps the total funding for a student with a disability at $30,00 per year
- Caps the total funding for a student who is home-schooled at $2,000 per year
- Allows funds to carry over from year to year
- Requires the comptroller, for each biennium, to request legislative appropriations for the program for each currently participating student, each student on the waiting list as of January 1 prior to the biennium, and each sibling of a student participating who will be eligible for the program for the first time for the biennium
- Clarifies that the legislature is not required to fund the full amount requested by the comptroller
- Caps the total amount of money for the biennium running from September 1, 2025 to August 31, 2027 at $1 billion
- Allows the comptroller to use funds appropriated to market the program
- Allows organizations to apply to the comptroller to become a certified educational assistance organization during an application period set by the comptroller
- Requires certified education assistance organization to be registered to business in Texas, be able to assist in the processing and tracking of applications for the program, assist individuals with finding pre approved education service providers or vendors of educational products, assist in the processing of payments for approved education-related expenses, assist in verifying proper expenses and program eligibility, assist in processing inquiries and complaints regarding the program, and assist in establishing and maintaining a website
- Requires the comptroller to set cybersecurity standards for certified educational assistance organizations
- Limits the number of certified education assistance organizations to 5
- Requires certified educational assistance organizations to assist parents interested in and participating in the program regarding educational options, how to apply to the program, how to manage the account, other program requirements, and to raise awareness regarding the availability of the program
- Makes all children eligible to attend public schools in Texas eligible for an education savings account
- Allows the comptroller to establish a timeline for application to the program
- If more applications are received than available slots due to funding, the applicants must be selected by lottery in the following order:
- siblings of children in the program
- children who are participating for the first time
- children who previously ceased participation due to enrollment in a public school
- Within each grouping, children must be selected in the following order:
- children with disabilities whose household income is at or below 500% of the federal poverty level
- children whose household income is at or below 200% of the federal poverty level
- children whose household income is between 200% and 500% of the federal poverty level
- children whose household income is at or above 500% of the federal poverty level, except that no more than 20% of the funds for the program can be spent on this group and students who were enrolled in public school for 90% of the year prior to the year for which they are applying for an ESA must be prioritized within this group
- Requires certified educational assistance organizations to approve all applications from siblings that are submitted in the same year simultaneously
- Requires the comptroller to maintain a waiting list for students who are not accepted
- Requires the creation of a handbook that includes the expenses allowed under the program, a list of preapproved education service providers and vendors of educational products, a description of the application process, and a description of the responsibilities of program participants
- Allows the comptroller to require notice of intent for a child to continue in the program, but prohibits requiring a participant in good standing to reapply
- Requires participating parents to agree to:
- request that program money only be spent on authorized expenses
- share or authorize the sharing of the required assessment results with the certified educational assistance organization
- refrain from selling something purchased with program funds
- notify the certified educational assistance organization within 30 business days after the date their student enrolls in a school district, graduates from high school, or is no longer eligible to enroll in public schools
- Requires private schools that wish to provide education services in the program to demonstrate accreditation by an organization recognized by the Texas Private School Accreditation Commission or the TEA, annually administer for students in grades 3 through 12 a nationally norm-referenced assessment or STAAR, and that the school has operated for at least two years and if the private school serves preK or Kindergarten students to meet the requirements to be an eligible preK provider
- Requires school districts or charter schools that wish to provide education services in the program to demonstrate TEA accreditation and the ability to provide services or products in a manner in which the student would not be counted toward ADA
- Requires private tutors, therapists, or teaching services that wish to provide education services in the program to demonstrate that:
- each employee is an educator or retired educator that was formerly employed by an accredited school, holds a relevant licences or certification, or is employed in or retired from a teaching or tutoring capacity at a higher education provider
- each person who is providing educational services to the child has a completed background check and is not required to be on the do not hire registry
- Requires higher education providers that wish to provide education services to be accredited
- Requires providers of educational services to be located in Texas
- Requires education service providers or vendors of educational products approved in the program to agree to abide by the disbursement schedule, accept money only for education-related expenses, notify the comptroller within 30 days of no longer meeting the requirements, and return any money received in violation of the requirements of the program
- Requires the comptroller to suspend providers or vendors who are no longer eligible or who violate requirements and decide within 30 days whether to remove, conditionally reinstate, or unconditionally reinstate the provider or vendor
- Limits program money to being spent on:
- tuition and fees for private schools, higher education providers, online educational courses or programs, or programs that provide training for an industry-based credential approved by the agency
- purchase of textbooks, instructional materials, or uniforms
- fees for classes of services provided by a school district or charter school if the school does not receive ADA for the student
- costs related to academic assessments
- fees for tutor services
- fees for transportation provided by a paid-for transportation provider for travel to a provider or vendor
- fees for educational therapies or services if those costs are not covered by federal, state, or local government benefits or by private insurance
- costs for computer hardware and software
- costs of breakfast and lunch provided by a private school
- To initiate payment, requires a parent to submit the required form with the expense and request for payment
- Requires certified educational assistance organizations to provide access to parents for them to view their balance, initiate a payment, and view a summary of past account activity
- Prohibits the program payment system from allowing parents to withdraw funds or receive direct reimbursement
- Provides a 0.1 weight for a student who ceases participation in the ESA program and enrolls in a public school during a school year and excludes that student from accountability for the first school year after the student ceases participation in the program
- Allows parents to request a school district conduct an evaluation of the student for eligibility for special education services and requires the school district to develop an IEP for any student who is eligible
- Limits costs for the comptroller to administer the program to 3% and amount paid to certified educational assistance organizations to 5% of the funds appropriated
- Requires funds to be returned to the comptroller when a child is no longer eligible to participate in the program
- Requires the comptroller to contract with a private entity to conduct annual audits of accounts and eligibility data, including internal controls and compliance of certified educational assistance organizations
- Requires the state auditor to conduct an eligibility verification audit on 10% of program applications, randomly selected
- Requires the comptroller to suspend the account of a child who fails to remain in good standing and within 30 days either close the account, order conditional and temporary reinstatement, or order full reinstatement
- Allows the comptroller to recover funds spent in violation of the requirements from either the parent or the education services provider or vendor
- Prohibits providers and vendors from charging program participants higher tuition or fees than non-participants or from providing any rebates, refunds, or credits to a program participant
- Requires certified educational assistance organizations to post and send a notice to program participants that states that private schools are not subject to federal and state laws related to serving students with disabilities and information on rights for students with disabilities
- Requires a private school in which a student with a disability who participates in the program enrolls to provide the notice to the parent of the student
- Guarantees autonomy in religious practices, curriculum, and admissions and enrollment practices for providers and vendors
- Allows districts to provide student records necessary to certified educational assistance organizations
- Requires the comptroller to publish an annual longitudinal report covering at least five years regarding:
- the number of program applications, including those accepted and wait-listed, disaggregated by age
- program participant satisfaction
- results of assessments
- the effect of the program on school capacity
- cost savings accruing to the state
- the amount of funding required for the next biennium
- the amount of gifts, grants, or donations received to the program
- the number of students who are college, career, or military ready
- the dropout rate
- Requires the comptroller to report the demographics of participating children including, grade, age, sex, race or ethnicity, school district in which the student resides, district campus the child would otherwise attend, zip code, date of enrollment in the program, priority category, and whether the child has a disability
SB 12
Became law
Effective for the 2025-2026 school year
- Requires school districts to implement and comply with any legally required policies
- Prohibits the infringement of the right of parents to direct the moral and religious training of their child, make decisions concerning the child' education, and consent to medical, psychiatric, and psychological treatment of the child unless the infringement is necessary to further a compelling state interest and narrowly tailored using the least restrictive means to achieve that interest
- Requires school district to report the following information to TEA for a report on facility usage:
- the square footage of each district facility and acreage of the property on which it sits
- total student capacity for each instructional facility
- enrollment capacity and actual enrollment for each grade level at each campus and the total for each campus
- whether a facility is used by one or more campuses and the campus identifier
- what each facility is used for
- whether each facility is leased or owned
- Requires the TEA to use the provided information to publish an annual report on district land and facilities
- Prohibits school districts from assigning DEI duties to any person and requires districts to prohibit any employees, contractors, or volunteers from engaging in DEI duties on the district's behalf
- Defines DEI duties to include any of the following:
- influencing hiring or employment practices with respect to race, sex, color or ethnicity
- promoting differential treatment of or providing special benefits to individuals based on race, color, or ethnicity
- developing or implementing policies, procedures, trainings, activities or programs that reference race, color, ethnicity, gender identity, or sexual orientation except for student recruitment efforts by historically black colleges and universities or to comply with state and federal law
- compelling, inducing, or soliciting anyone to provide a DEI statement
- Requires districts to adopt policies and procedures, including discipline for any employee or contractor who intentionally or knowingly violates the DEI prohibitions
- Clarifies that the DEI prohibitions do not limit districts from contracting with historically underutilized businesses, acknowledging or teaching the significance of state and federal holidays or commemorative months, affect a student's 1st amendment rights, limit a school from analyzing and taking steps to eliminate unlawful discriminatory practices necessary to address achievement gaps, apply to classroom instruction that is consistent with the TEKS, collection and reporting of data, or a student club
- Requires districts to update trustee information on their websites and submit to TEA trustee information within 30 days of a new member being sworn in
- Requires districts to annually submit information to the TEA for each trustee and that identifies the chair of the board
- Allows school districts to recover attorneys fees in an administrative proceeding brought under state law or rules for a frivolous administrative proceeding, except for due process hearings or local grievance proceedings
- Prohibits districts from assisting a student with social transitioning, which means adoption of a different name, different pronouns, or other expressions of gender that deny or encourage a denial of the person's biological sex at birth
- Requires boards to report any violations of this provision to the commissioner
- Makes charter schools subject to DEI provisions, the parental access to instructional materials requirements, parental engagement policy requirement, requirements related to parental rights regarding student mental, emotion, and physical health needs, and school health advisory council requirements
- Prohibits districts from exempting themselves from the requirement to have a school health advisory council using a local innovation plan
- Prohibits districts from exempting themselves from the requirement to provide parental notification of non-certified teachers
- Prohibits districts from withholding information from a parent regarding the parent's child and clarifies that compliance with FERPA constitutes not withholding information
- Requires school districts to develop a plan for parental participation in the district to improve parent and teacher cooperation regarding homework, attendance, and discipline
- Requires districts to provide information on parental rights and options to parents upon their enrollment and at the beginning of each year
- Requires TEA to create a form for sue by school districts regarding providing the information and requires school districts to post the form on the district's website
- Clarifies that parents have a right to access their student's medical records and records relating to library materials
- Requires districts to post on the homepage of their website a notice that parents are entitled to review teaching and instructional materials
- Requires school districts to provide an instructional plan or course syllabus for each class on the website
- Requires teachers to provide an instructional plan or course syllabus to district administrators and the parent of every student in the class
- Requires school boards to adopt a policy for parental engagement that provides for an internet portal through which parents may submit comments to campus or district administrators and the board, requires the board to prioritize public comments by presenting those comments at the beginning of each board meeting and requires board meetings to be held outside of typical work hours
- Requires districts to notify parents within one business day after the dat a school district employee first suspects a criminal offense has been committed against the parent's child
- Allows the State Board of Educator Certification to discipline an employee who encourages a student to withhold information from their parent
- Requires TEA to adopt a procedure for school districts to notify parents of changes in services provided to or monitoring of a student related to their mental, emotional, or physical health or well-being
- Requires district personnel to encourage a student to discuss issues related to the student's well-being with the student's parent or facilitate such a discussion
- Prohibits districts from prohibiting an employee from notifying a parent about information related to their student's mental, emotional, or physical health or well-being or services related to any of those items
- Clarifies that disclosure of the information is not required if a reasonably prudent person would believe disclosing the information would be likely to result in the student suffering abuse or neglect
- Requires districts to provide notice of each health-related service offered at the campus and the parent's right to withhold consent prior to the first instructional day of each year
- Requires districts to provide a copy of and receive parental consent to administer any well-being questionnaire or health screening to a student
- Clarifies that school employees may still inquire about a student's daily well-being without parental consent
- Requires TEA, the State Board of Education and the State Board of Educator Certification to review and revise school counseling frameworks and standards, educator practices and professional conduct principles, and any other student services personnel guidelines by June 30, 2026 to ensure compliance of those frameworks with the provisions of the act
- Requires district employees or contractors to receive written parental consent to do any of the following for their student:
- conduct any method to elicit information regarding an attitude, habit, trait, opinion, belief, feeling, or mental disorder or condition that is thought to lead to a mental disorder
- to conduct the planned, systematic use of a method or technique designed to affect behavioral, emotional, or attitudinal characteristics of an individual or group
- to disclose a child's health or medical information to someone other than the parent
- to collect, use, store or disclose the child's biometric identifiers
- to provide health care services or medication
- Requires district to provide an annual notice prior to the first day of school that outlines the district's collection, use, and storage a student's health information and biometric identifiers, and the legal authority for the district to collect that data, and obtain a signed notice from the parent
- Requires a district to discipline any employee that allows a student to participate in health care services without obtaining parental consent
- Requires grievance procedures for parents to allow for grievances related to school board policies
- Requires a minimum of three levels of grievances with the first level being a review by the principal or their designee, or for non-campus issues a district-level administrator, second level being a review by the Superintendent or designee and third level being review by the Board
- Provides for an optional additional level, between the first and second levels, being a review by another district administrator
- The person conducting the grievance or appeal must have the authority to address the grievance
- Allows a board to delegate its authority to hear a grievance to a committee of at least three board members
- Requires grievance policies to include a timeline of at least 60 days after the person knew or should have known of the facts giving rise to the grievance or, if the parent engaged in informal attempts to resolve the grievance, the later of 90 days after the person knew or should have known of the facts giving rise to the grievance or 30 days after the district provided the person information regarding how to file the grievance
- Requires a 20 day timeline to file an appeal after the date of the decision
- Requires a hearing within 10 days after the date on which the grievance or appeal was filed and a written decision within 20 days after the date on which the hearing was held, except for hearings in front of the Board
- Requires written decisions to include any relief or redress being provided and information on filing an appeal, including the timeline
- Requires a hearing before the board within 60 days after the date on which the previous decision was made and a decision within 30 days of the meeting
- Prohibits districts from retaliating against a student or parent for filing a grievance
- Requires a person to recuse themselves from hearing the grievance if the grievance is about the person and for the grievance to be heard at a higher level of review
- Requires the creation and retention of a record of each grievance including documents submitted by the grievant and the decision, including an explanation of the basis and each document that supports the decision
- Requires districts to accept additional documents or claims during the grievance process
- Allows districts to remand a grievance to a lower level of review to develop the record at any time
- Requires districts to direct grievances filed with the incorrect person to the correct person
- Requires districts to issue decisions on the merits regardless of procedural errors
- Requires districts to allow the grievant to determine whether the hearing will be held in open or closed session, except as required by law
- Requires districts to provide any information the board of trustees intends to rely on related to the grievance that is not in the record to the grievant five business days prior to the hearing
- Requires board hearings of grievances to be video or audio recorded or transcribed by a court reporter
- If a grievance is appealed to the commissioner, allows the commissioner to investigate any alleged violation of state or federal law regarding confidentiality of student information and take any action necessary to compel district compliance with the law
- Requires school districts to annually submit a report to the TEA on grievances filed during the preceding year including the resolution of the grievance and any corrective action
- Requires the TEA to annually post online, aggregated statewide, the number of grievances filed, the number resolved and the resolution of those grievances, and any corrective actions taken
- Requires districts to post on the website and include in the student handbook information on the procedures for resolving grievances, standard forms for filing a grievance, and the method by which a grievance may be filed electronically
- Requires districts to submit to the TEA the location where a grievance can be filed electronically
- Requires a superintendent to testify at the State Board of Education if the commissioner finds against a school district in five grievances in a school year
- Requires districts to adopt a policy regarding the appropriate discipline for an employee or contractor who intentionally violates provisions related to the inculcation of certain topics
- Makes human sexuality instruction opt-in instead of opt-out and requires consent to be obtained as a standalone consent at least 14 days before instruction
- Prohibits instruction, guidance, activities, or programming regarding sexual orientation or gender identity
- Requires districts to provide at least two opportunities for in-person conferences during each school year for each parent and their children's teachers
- Prohibits school districts from authorizing or sponsoring a student club based on sexual orientation or gender identity
- Requires school districts to obtain parental consent for a student to participate in a student club authorized or sponsored by the school
- Requires school districts to annually certify that the district is in compliance with the prohibitions on DEI practices and the inculcation of certain topics
- Requires the certification to be approved by a majority vote of the board at a public meeting and to include a description of the policies and procedures and the manner in which district employee or contractors were notified of the policies and any cost savings resulting from actions taken by the school district
- Requires TEA to post certifications on their website
SJR 34
Became law
Effective 11/4/2025 (approved by voters)
- Amends the Texas Constitution to affirm that a parent has the responsibility to nurture and protect the parent's child and the corresponding fundamental right to exercise care, custody, and control of the parent's child including the right to make decisions concerning the child's upbringing
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