Education Committee takes up HB3

AUSTIN – Last week, the House Public Education Committee took up House Bill 3, a bill aimed at school choice and establishing Education Savings Accounts in Texas. 

The bill, authored by Rep. Brad Buckley, R-Salado, has been sponsored by 76 members of the House and differs slightly from Senate Bill 2, which passed the Senate in February, but it is in line with that legislation. Of those 76 members, all were Republican. 

According to a press release from House District 23 Rep. Terri Leo Wilson, the bill allows parents to choose the best educational setting for their children, whether public, private, or homeschooled. 

"As a special educator for thirty-eight years, I have seen firsthand how different children have different needs. While many parents are happy with the special services being provided by their local public schools, HB 3 allows parents to make the best decisions for their children, especially those with special needs who require specialized education services," Leo Wilson said. 

The discussion of HB3 follows talks on HB2 in previous weeks that focused on school funding. 

"We have already debated school funding," Rep. Leo Wilson emphasized. "House Bill 2 addressed those concerns last week. The discussion this week is about parental choice and giving families options," Leo Wilson said. 

Leo Wilson believes any claims that HB3 undermines public schools are misleading and set out to intentionally distract parents from their fundamental right to choose the appropriate educational setting for their children. 

"This bill recognizes that one size does not fit all. Some of my students who were braille learners had up to seven different Individualized Education Program (IEP) areas with complex, expensive technology needs that followed them from school to school. HB 3 ensures that students like them can access the resources they require," Leo Wilson said. 

The bill aims to create ESAs, and Leo Wilson clarifies that no money is being diverted away from public schools under the legislation, which establishes a $1 billion investment, much like SB2. 

"Any claim that HB 3 undermines public schools is misleading and intentionally designed to distract from the fundamental right of parents to choose the best education for their children," Leo Wilson said. 

If adopted, the bill would provide "85 percent of the estimated statewide average amount of state and local funding per student in average daily attendance for the applicable school year." 

That amount would exceed $10,000 per student, the set amount in the Senate's legislation. Qualifying students with disabilities would receive the 85% allotment plus other fees associated with that student's education, not exceeding $30,000. 

Parents opting to utilize funds for homeschooling would see a credit of $2,000 toward their child's education. 

Other details on who qualifies for the ESAs differ between the two chambers. The tiered lottery system that would decide which students receive funding would be granted in a priority order. 

At the top of the priority order are students with disabilities whose families make less than five times the federal poverty guideline, followed by students whose families make less than twice the federal poverty guideline. 

Lower in the order are students whose families make more than twice the federal poverty guidelines and finally, students whose families make more than five times the federal poverty guidelines. 

This disbursement contrasts with SB2, which taps 80% of students with disabilities or families making below five times the federal poverty level. The remaining 20% would be randomly distributed. 

If the House and Senate do eventually come to a common ground on financing school choice, Texas will become the 33rd state in the country to implement school choice. In the meantime, HB3 is pending in committee.