Education savings accounts closer to becoming law in Texas

A major step in Texas education policy unfolded this week as Lt. Gov. Dan Patrick announced that he will recommend the Senate concur with the House's amendments to the sweeping school choice legislation, Senate Bill 2. The move clears the path for the bill to reach Gov. Greg Abbott’s desk without another round of voting in the House, fast-tracking a historic shift in the state’s education system.

The centerpiece of SB 2 is the establishment of a “fully universal” Education Savings Account (ESA) program, which would make Texas one of the few states offering broad school choice access to families, regardless of income or background.

SB 2 passed the House after nearly 12 hours of heated debate, with a vote of 86–63. All supporters were Republicans, while two broke ranks to oppose it: Rep. Gary VanDeaver (R-New Boston) and former House Speaker Dade Phelan (R-Beaumont). Their votes reflect longstanding concerns among some rural Republicans that school choice could divert resources from already underfunded public schools.

Despite these challenges, the passage in the House marks a turning point. The lower chamber has historically been the main roadblock to school choice efforts in Texas. Gov. Abbott, a vocal advocate for education reform, called the House passage an “unprecedented victory.”

“With historic school choice combined with record public education funding, Texas is on track to lead the nation in education,” Abbott said following the vote.

SB 2 sets aside $1 billion for the ESA program. Under the plan, participating families would receive ESAs tied to 85% of the average state and local funding per student in average daily attendance. Families of children with disabilities would receive additional funds, while homeschoolers would be capped at $2,000 per account.

The funds can be used for a wide array of educational expenses, including private school tuition, homeschooling supplies, tutoring, transportation, and educational therapies.

“This isn’t just about private schools,” said Rep. Brad Buckley (R-Salado), who chairs the House Public Education Committee and authored the bill. “It’s about empowering parents with choices that work best for their kids.”

Several significant amendments were added during the House debate. Buckley introduced a “perfecting” amendment to preserve a funding guarantee (known as "hold harmless") for traditional public schools, enhance charter school facilities funding, and ensure school counselors, nurses, and librarians receive a pay raise.

These concessions were aimed at easing concerns that the bill would harm traditional public education — a key issue for many skeptical lawmakers and education advocates.

Meanwhile, Democratic efforts to rein in the bill through amendments largely failed. Rep. James Talarico (D-Austin) offered a proposal to send the school choice question to voters in a statewide referendum — a move that would have delayed implementation and gauged public support — but that amendment was tabled along with others.

Rather than send the bill to a conference committee — a common move when the House and Senate pass different versions — Patrick’s call for the Senate to concur means the upper chamber will simply agree to the House’s changes. That decision removes a significant procedural hurdle and all but guarantees the bill’s arrival on the governor’s desk.

Abbott, for his part, is ready. “Ready to sign this bill into law,” he posted on social media shortly after Patrick’s announcement.

If signed into law as expected, the ESA program could begin as early as the 2025–2026 school year, pending logistical and administrative setup. While hailed as a victory by school choice proponents, the law is almost certain to face legal and political challenges, especially from public education advocates who argue the program could erode support for neighborhood schools.

Still, for now, Texas is on the cusp of a major educational transformation.

SB 2 is a game-changer, giving families more flexibility in how they educate their children — but it's not without controversy. Supporters see it as empowering; critics fear it could weaken public education. Either way, the wheels are in motion for one of the biggest shifts in Texas education policy in decades.