The 89th Session of the Texas Legislature presented significant challenges for Texas public schools and the dedicated professionals who serve in them. Several newly enacted bills could negatively impact public education, particularly by limiting vital funding at a time when many school districts are already grappling with budget deficits. While supporters of this legislative agenda argue enrollment declines and rising demand for school choice justify these shifts, TEPSA members should carefully evaluate the long-term implications.
Senate Bill 2: Education Savings Account (Voucher Program)
One of the most consequential measures this session was Senate Bill 2 (Creighton, Buckley), which established a statewide Education Savings Account (ESA) program—essentially a school voucher. This program includes a $1 billion cap in its first biennium but is projected to expand to $4.8 billion by 2030.
Parents may now qualify for $10,000 per child to cover private tuition and other educational expenses. Children with disabilities may receive up to $11,500, with some eligible for as much as $20,000. Homeschooling families may access up to $2,000 per child. Notably, up to 20% of the program’s initial funding may go to families earning more than 500% of the federal poverty level, or about $160,000 for a family of four.
Additionally, a federal clause introduced by Senator Ted Cruz could further influence this landscape by providing tax credits for private education costs—though its full impact is still unclear.
House Bill 2: Public School Funding
House Bill 2 (Buckley) allocates $8.5 billion in new funding for public schools, with much of it targeted at teacher salaries. Due to strong advocacy from TEPSA and other associations, some funds were set aside for non-teaching staff. However, administrators were once again excluded from mandated raises and must rely on local districts to address salary increases.
Other notable components of HB 2 include:
- Funding for special education based on service intensity
- Additional support for early learning and identification of learning difficulties
- Expanded eligibility for prekindergarten for 4-year-olds who are children of educators
- Funding earmarked for school safety upgrades
House Bill 6: Student Discipline Changes
House Bill 6 (Leach/Perry) introduces significant changes to student discipline practices. Key elements include:
- No strict time limit on in-school suspension (ISS), although principals or designees must review ISS placements every 10 days.
- Teachers may now remove students from classrooms after a single incident, with no required documentation. Students cannot return to that classroom without the teacher’s written consent.
TEPSA urges caution: school leaders should avoid overusing these provisions as disciplinary tools and instead focus on creating effective, equitable behavior intervention plans.
These three bills represent only a portion of the legislation passed during the 89th Session. As TEA and the courts implement these laws, TEPSA will continue to update members via our Legislative Summary which includes analysis from legal experts such as Kevin Lungwitz.
For questions or clarification, email Mark Terry. Visit the TEPSA Advocacy section for more resources.
Mark Terry is the Deputy Executive Director at TEPSA.
