What would’ve been school-choice proponents’ triumphant publicity tour after the application period closed on Texas’ shiny new voucher program, in mid-March, was instead consumed by catty finger-pointing between two top state officials over who’s to blame for the state seemingly botching its attempt to religiously discriminate against some program participants.
It’s the sort of comedic tragedy that has become all too common in the red empire of Texas: Pass a harmful new policy while prevaricating as to its actual intent, create a pretext to carry out the policy in a clearly discriminatory fashion, invite a costly lawsuit that will ultimately end with the state being forced to comply, muddy the waters over who’s to blame.
While pushing the private-school voucher bill through the state House and Senate last year, Republican legislative hands repeatedly insisted, when presented with various theoretical scenarios, that this near-universal “Texas Education Freedom Accounts” program would be open to any and all types of private schools—of all creeds and persuasions. Religious freedom was to reign supreme. How dare thee even question the universality of this venerable program, Republican legislators inveighed.
In predictable fashion, the Texas GOP—lately in the throes of another virulent anti-Muslim bender—hasn’t quite lived up to that promise. In the lead-up to the official voucher rollout, acting Texas Comptroller Kelly Hancock—who is currently in charge of administering the program and was, at the time, trying to win a primary election to hold onto his appointed post—used the administrative process to effectively block certain Islamic schools from participating by alleging such potential applicants were affiliated with the Council on American-Islamic Relations (CAIR), a national civil rights group akin to the NAACP or LULAC, and the Egypt-based transnational organization the Muslim Brotherhood, each of which the state has deemed a “foreign terrorist organization.” (The rule also sought to block schools affiliated with the darned Chinese Communist Party.) The conflation of CAIR with the Muslim Brotherhood and Palestine’s Hamas is a theory that’s long brewed in the right’s more feverish swamps. (CAIR is suing the State of Texas over this designation.)
In response, a group of Islamic schools and Muslim families went to court over the discriminatory exclusion from the program: “The exclusion is not based on individualized findings of unlawful conduct by any specific school, but rather on categorical presumptions that Islamic schools are suspect and potentially linked to terrorism by virtue of their religious identity and community associations,” the lawsuit read. A federal judge ordered the state to extend its application deadline to allow for these schools to go through the process.
The comptroller’s office has since said that it has accepted all eligible Islamic schools that applied to participate in the program—including Houston’s Quran Academy—but not before Hancock sent a letter critiquing Attorney General Ken Paxton’s handling of the court case and urging Paxton to strip Quran Academy, which the state unsubstantially claims has links to the Muslim Brotherhood, of its ability to operate in the state. In the letter, Hancock—fresh off being blown out in his primary bid to be the duly elected comptroller by ex-state Senator Don Huffines—effectively accused Paxton of being soft on terrorism. “Texas cannot be asleep at the wheel as radical Islam spreads,” Hancock wrote.
Paxton, in the midst of a heated runoff battle with John Cornyn after coming in second in his own primary bid to ascend to the U.S. Senate, took exception to being scolded by the likes of a RINO such as Hancock (i.e., one of the two GOP senators who voted to convict Paxton in his impeachment proceedings in 2023). The still-AG issued a scorched-earth retort, calling the interim comptroller an incompetent never-Trump hack nursing a deep political grudge—and demanding Hancock be fired. (It’s not clear who, if anyone, would have the authority to fire him.)
Paxton then said his office, whose duties include serving as legal counsel for state agencies, would no longer be defending the comptroller in the federal vouchers lawsuit, claiming Hancock’s letter undermined the state’s case and introduced “incendiary” accusations against Quran Academy that had not been entered into evidence in court.
“Never before have I witnessed such a fundamentally unserious person be both an unbelievable embarrassment to the State and put his own interests above Texans,” Paxton wrote. “It would be easy to disregard Kelly Hancock’s letter as nothing more than hotheaded, politically-motivated behavior from someone desperately clinging to relevancy, but it’s far worse than that: His actions hurt my office’s ability to defend the Comptroller’s office in these critical cases.”
For vouchers, there have been some other PR snags as well. For instance, one religious school—Cypress Christian in the Houston area—that hosted a pro-voucher event during Governor Greg Abbott’s promotional tour last year, has itself opted not to participate in the program.
Per the Houston Chronicle, the school’s leader told parents that the institution is “governed exclusively by biblical doctrine and scripture” and that enrolling in the voucher program would inherently result in “ongoing government entanglement.” Many other high-end private schools—where the annual tuition typically far exceeds the standard $10,000 voucher allotment—in the Houston area have also opted against participation.
All the while, Abbott—who claims political ownership of both the school voucher program, having succeeded in ramming it through a humbled Texas House, and Kelly Hancock’s comptrollership, an ally whom he plucked from the state Senate to take over the statewide office and launch of the program—was radio silent. The governor, in late March, spent his allotted time at CPAC in Dallas, while Paxton and Hancock traded potshots, droning on about the urgent need to stop the “Talarico takeover of Texas,” referencing the Democrats’ Senate candidate.
Meanwhile, how does the voucher program—which was sold as a tool to allow low-income families to get their kids out of the state’s failing woke indoctrination facilities, known as public schools, and into predominantly Christian private schools—appear to be sizing up with its mission?
It’s certainly succeeded in getting more applications than the $1 billion that the state has initially appropriated can cover, which is about 90,000 spots. Applications had been submitted for about 275,000 students as of late March. But just 25 percent of those—about 60,000—were for students currently enrolled in public schools, according to state comptroller data. (That, per the Texas Center for Voucher Transparency, amounts to about 1 percent of the state’s 5.5 million public school students.)
To be clear, that means the vast majority of the students who are applying for vouchers are already enrolled in private schools, being homeschooled, or entering school for the first time. There were roughly 2,300 schools enrolled in the program so far—though those schools have full discretion in whether or not to accept a voucher recipient. Many of the enrolled schools are parochial Catholic schools or Christian academies. As the Texas Observer has previously reported, dozens of these enrolled schools have policies that restrict admission based on religion and even sexual identity.
The application period closed on March 31, then the process moved on to the next phase in which the state—through its privately contracted voucher vendor—will determine who receives the limited number of vouchers, based on a convoluted, multistep process accounting for family income and other variables.
By that point, it seems assured, some new brouhaha will be consuming the program.
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