Texas House blocks Public Education Committee chair's attempt to vote on school choice

Rep. Brad Buckley, R-Killeen, walks across the floor of the House of Representatives at the Texas Capitol Wednesday, May 10, 2023.
Rep. Brad Buckley, R-Killeen, walks across the floor of the House of Representatives at the Texas Capitol Wednesday, May 10, 2023.
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In a stunning move Wednesday night, Texas House members prevented the chamber's Committee on Public Education from gathering in what many had expected would be an attempt to advance Senate Bill 8, the education savings account or school choice bill.

The bill had generated significant chatter since Tuesday night, when an 80-page revision to the bill circulated among education advocates. The overhaul to the version of SB 8 the Senate passed last month significantly changed the bill.

In a 76-65 vote, House members shot down committee Chairman Rep. Brad Buckley’s effort to meet without meeting the three-day posting rule — normally a regular practice — because Buckley said he planned to call a vote on SB 8 without a public hearing.

Education savings accounts are one of the most hotly debated education-related bills this session. Gov. Greg Abbott has named school choice one of his priorities and has invested significant political capital traveling the state to advocate for the proposal.

The unusual move by the House on Wednesday night highlights the divisiveness surrounding education savings accounts, which some Republicans — largely from rural areas — oppose.

The House move doesn’t kill the bill. Shortly after the House recessed at 10:30 p.m. Wednesday, the committee announced it would meet Monday to consider SB 8.

Of the 13 members on the education committee, six voted to meet and seven — including two Republicans — voted against meeting during the House vote.

During Wednesday’s debate, Rep. Ernest Bailes, R-Shepherd, raised issue with Buckley’s motion to meet because the committee hadn’t heard public comments on the bill’s 80 pages.

“They are unheard in committee,” Bailes said. “Is this the right way to do this?”

Texas schoolchildren should have a hearing during which members listen to public testimony, he said.

“They are better than backroom, shady dealings,” Bailes said.

Buckley insisted the committee had taken public comment on education savings accounts when members heard four House bills on similar topics during an April 11 meeting.

“We have heard the subject matter for 16 hours,” Buckley, R-Killeen, said.

It’s common for committees to suspend the three-day notification requirement to meet and advance bills but the House has to grant permission. The committee could still hear and vote on SB 8 during a regularly posted meeting.

What's different in the bill

The House’s version of SB 8 – authored by Sen. Brandon Creighton, R-Conroe – is significantly different from what the Senate approved April 6.

The widely circulated House version of the bill would create a program available to more than 3 million of Texas' 5.5 million schoolchildren and would make at least $7,500 available to students annually, mostly to special education students and children eligible for free or reduced lunch.

More money would be available to economically disadvantaged and special education students.

The bill would also significantly overhaul the state’s standardized testing program, removing the graduation requirements tied to the State of Texas Assessments of Academic Readiness test. Instead, older students would take the Texas Success Initiative Assessment, which is more geared toward college readiness.

What's not in the bill

Gone from the House's version of SB 8 is an attempt by the Senate to assuage rural Republicans, by giving a $10,000 credit to school districts with less than 20,000 students annually for two years for every student who leaves to take advantage of the savings account program.

The bill also abandons a host of measures Creighton, the bill's author, said would address parents’ rights, like a ban on instruction about sexual orientation and tighter requirements for notifying parents about changes in their child’s physical or mental health.

What's next

The House Public Education Committee will meet at 8 a.m. Monday to consider SB 8, according to the posting which notes members will only hear invited testimony.

Education policy groups have speculated that if the House and Senate don't pass a savings account-related bill during the regular session, which ends May 29, Abbott would likely call a special session to get a proposal approved.

How Texas House Public Education Committee members voted on whether to meet Wednesday night

  • Chairman Rep. Brad Buckley, R-Killeen: Yes

  • Rep. Alma Allen, D-Houston: No

  • Rep. Steve Allison, R-San Antonio: No

  • Rep. Charles Cunningham, R-Humble: Yes

  • Rep. Harold Dutton, D-Houston: No

  • Rep. Cody Harris, R-Palestine: Yes

  • Rep. Brian Harrison, R-Midlothian: Yes

  • Rep. Cole Hefner, R-Mt. Pleasant: Yes

  • Rep. Gina Hinojosa, D-Austin: No

  • Rep. Ken King, R-Canadian: No

  • Rep. Oscar Longoria, D-Mission: No

  • Rep. Matt Schaefer, R-Tyler: Yes

  • Rep. James Talarico, D-Austin: No

This article originally appeared on Austin American-Statesman: Texas Legislature: House blocks panel from voting on school choice