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DEFENDING FREEDOM
IN THE 2023 TEXAS LEGISLATURE
Defending Homeschool Freedom in the Legislature
Top Legislative Priorities: Texas Constitutional Amendments
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Parental Rights Amendment
Places protections directly into the Texas Constitution declaring that parents have the constitutional right to make decisions for their children. This bill is being championed by THSC's sister organization, the Family Freedom Project.
Homeschool Amendment
Places protections directly into the Texas Constitution prohibiting the state from regulating homeschools and private schools, ensuring that educational freedom is protected for generations to come.
THSC Priorities That Passed
Additional Legislative Priorities
Juvenile Curfew
HB 1819 prohibits local governments from adopting curfew ordinances that limit the times of day a child can be outdoors, which violate parental rights and disproportionately affect homeschooled students. HB 1819 continues to uphold the philosophy that parents are the best decision-makers for their children.
Top 10%
HB 3993 ensures homeschool students are treated fairly in the college admission process when class rank is used for automatic admission. The bill says that if a college is granting automatic admission based on class rank, they must calculate the homeschool student's class rank based on the average class rank of other students with the same SAT/ACT scores.
UIL Funding
HB 3708 provides financial incentives for school districts to grant UIL extracurricular access to homeschool students, paving an easier road for more homeschool students to participate. For each school district that chooses to allow homeschool access to UIL, the school will receive a $1500 funding allotment per child per activity in which they participate.
UIL Clarification
HB 699 ensures that school districts that grant homeschool students access to UIL extracurricular activities won’t be punished for doing so. Previously, UIL has attempted to punish these districts by forcing them to play in higher brackets against bigger schools. HB 699 helps ensure that more schools will grant equal access to homeschool students.
Family Freedom Project Priorities That Passed
CPS Reform
CPS Service Options
CPS Reporting Statute
Legislative Priorities Still Being Championed By FFP
CPS REPORTING REFORM
A CPS reporting reform priority would clarify who is required to file allegations of abuse or neglect with CPS and that such reports are not required because of the child’s behavior, truancy, or conditions of poverty. The bill clarifies that these types of conditions do not have to be reported to CPS and, instead, allows professionals to refer families experiencing these conditions to community-based service providers. For more on the legislation FFP supported, read HB 1667.
Parental Presumption Bill
A parental presumption priority would require that courts give preferential weight to the opinions of parents (as opposed to a non-parent) regarding their children. This legislation would require courts to start with the presumption that a fit parent is acting in their child’s best interests. For more on the legislation FFP supported, read HB 3072.
Homeschool College Admission
Ensures that homeschool students are treated fairly in the college admission process when class rank is used for automatic admission.
The bill says that if a college is granting automatic admission based on class rank, they must calculate the homeschool student’s class rank based on the average class rank of other students with the same SAT/ACT scores.
Abolish Juvenile Curfews
CPS Reform
Adds substantial due process reforms to the CPS system to ensure that innocent families are not swept up in the system.
In 2021, THSC's sister organization, the Family Freedom Project, passed a major CPS reform bill which resulted in a 40% reduction in unnecessary removals by CPS statewide.
Read HB 730
Parental Presumption Bill
Requires that courts give preferential weight to the opinions of parents (as opposed to a non-parent) regarding their children.
Requires courts to start with the presumption that a fit parent is acting in their child’s best interests. This bill is being championed by THSC's sister organization, the Family Freedom Project.
Read HB 3072
Top Legislative Priorities for the Future
FFP's Parental Rights Amendment
Places protections directly into the Texas Constitution declaring that parents have the constitutional right to make decisions for their children.
THSC's Homeschool Amendment
Places protections directly into the Texas Constitution prohibiting the state from regulating homeschools and private schools, ensuring that educational freedom is protected for generations to come.
Parental Choice Legislation
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What is parental choice legislation?
Parental Choice legislation is any legislation intended to increase the ability of parents to make decisions for their own children, especially regarding education.
What is THSC’s position on Parental Choice Legislation?
THSC supports legislation that increases educational opportunities for parents and families, provided it does not negatively impact homeschooling.
Two Top-Priority Parental Choice Bills for Homeschoolers
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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.
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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.
Additional Major Parental Choice Items Being Considered by the Legislature:
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 were filed in the 2023 Legislature.
Types of Education Savings Accounts bills filed in Texas Legislature
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- 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.
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ESA FAQ
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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.
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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 that was filed in the 2023 Texas Legislature that included homeschoolers relied 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 parental choice bills were filed in the 2023 Texas Legislature. 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
WE BELIEVE
… that raising children is a family’s God-given right and calling.
… in empowering parents to raise and educate the next generation of leaders.