HJR 37 / SJR 72:

This is a Texas Constitutional Amendment that would prevent the state from engaging in any regulation of homeschools and private schools in Texas.

Homeschools and private schools in Texas currently enjoy immense freedom. This amendment would ensure that freedom continues.

Read HJR 37 and SJR 72

HJR 85/ SJR 70:

This is a Texas Constitutional Amendment that enshrines the right of parents to make decisions for their children. 

The amendment protects a parent’s right to make decisions in all areas, but also specifically lists the areas of education, moral and religious training, and healthcare.

Read HJR 85 and SJR 70

Education Savings Accounts (ESA)

These proposals would take a portion of the state funds allocated for a given student at the local public school and place the funds into a restricted savings account.

The accounts can then be used by the parent to purchase educational goods and services outside of the public school.

More than a dozen education savings accounts bills have been filed in the Texas legislature.

Types of Education Savings Accounts bills filed in Texas Legislature

• • Universal Bills: All students are eligible, but funding is limited.
  • New Student Bills: Current homeschool and private school students are not eligible, but new ones are (ie. students leaving the public school to homeschool or new homeschool students who are entering kindergarten.).
  • Special Needs/Low-Income Bills: New home/private school students with special needs or from low-income families are eligible.

HOW DOES IT WORK?

The idea is that if a student is not in the public school, the money earmarked for that student should follow that student to help fund their alternative style of education instead of being available only to the public school.

DO MOST HOMESCHOOLERS SUPPORT THESE BILLS?

Yes. Statewide survey data shows that  71% of TX homeschoolers support ESA’s. 20% oppose.

HOW DO WE PROTECT OUR FREEDOM?

With boldness. Freedom is always at risk. That’s why we fight in the legislature every session. We should be bold to defend homeschool freedom through bills like the homeschool constitutional amendment and to expand freedom for parents through parental choice bills.

HAS IT WORKED ELSEWHERE?

Across the country, there are 72 programs in 32 states that involve some type of a “money follows the child” system. These programs enable the parent to direct the use of the tax dollars allocated for their child's education. Others states have had great success with these programs. Read more here.

DO ANY OF THESE BILLS CHANGE THE DEFINITION OF HOMESCHOOLING?

No. Every bill currently filed in the 2023 Texas Legislature that includes homeschoolers relies on the existing definition of homeschooling already in the TX law. This definition comes from the Leeper Case, the Texas Supreme Court Decision that legalized homeschooling in 1994. 

ARE THERE PROTECTIONS FOR HOMESCHOOLS AND PRIVATE SCHOOLS IN THESE BILLS?

Yes, THSC has worked to include explicit language that prevents the state from regulating homeschools and private schools. 

Here is an example excerpt from a list of included protections:  “an individual, governmental entity, court of law, or program administrator may not limit a program participant's ability to determine the participant's educational content or to exercise the participant's religious values.

DO THESE BILLS CAUSE REGULATION OF HOMESCHOOLING AND PRIVATE SCHOOLING?

No. Homeschool regulations will not be changed by these bills. Any requirements to participate (distinct from the regulation of homeschooling) will only apply to those who choose to participate because every bill is explicitly voluntary.  Additionally, 32 other states with 72 parental choice programs for the past several decades have never seen any increase in homeschool regulations since the passage of these programs. This includes states that are traditionally high-regulation homeschool states as well as states that are very low-regulation homeschool states. In fact, as parental choice programs have proliferated over the last few decades, homeschool regulation has plummeted nationwide. No state has seen an increase in homeschool regulation of any kind for two decades.

WHAT ARE THE REQUIREMENTS TO PARTICIPATE?

Over a dozen bills have been filed. In essence, the requirements for participation come down to two points:

• Student eligibility options
  • Universally available to all students
  • Only available to new, incoming homeschool/private school students
  • Available to special needs/low income students
• Administrative requirements.
  • Funds can only be spent on education related items
  • ESA account may be randomly audited
  • Cannot resell ESA purchased items for 1 year

… that raising children is a family’s God-given right and calling.

… in empowering parents to raise and educate the next generation of leaders.