TCCRI Offers Comments on the Comptroller's Proposed ESA Rule

TCCRI submits comments on the Comptroller of Public Accounts' proposed rule on the implementation of the Education Savings Account program, created by Senate Bill 2 during the 89th Legislative Session.

The Texas Conservative Coalition Research Institute (TCCRI) offers these comments regarding the Texas Comptroller of Public Accounts’ proposed rule related to the implementation of the Education Savings Account (ESA) program, which was created by Senate Bill 2 during the 89th Legislative Session. This program is the culmination of decades of effort from countless parents, lawmakers, and advocates. Once implemented, the program will enable parents to select the educational setting that most benefits their student, whether it be public school, private school, homeschool, or another alternative education plan. Texans will finally be able to ensure that their child receives an education tailored to their own individual needs. TCCRI’s expectation is that the ESA program will have a demonstrably positive impact on educational outcomes, attainment of higher education, and parental satisfaction.

Proper rulemaking and implementation of the law are critical for SB 2’s success. As proposed, the rules for the ESA program faithfully implement the laws passed by the legislature. They provide clarity in the application process, use of program funds, and the operations of Certified Educational Assistance Organizations (CEAOs). They will effectively guide program applicants and participants through their time in the program. The provided definition of “instructional materials” is broad, online coursework covers both synchronous and asynchronous learning, and the application process laid out will make it easy for families to apply for multiple children. As a result, TCCRI supports the proposed rules as written.

If there are areas in which TCCRI would offer suggestions, those are technical, but meaningful. For

example, an online education course is defined as a course being offered “for-credit,” which may be narrowly interpreted in a manner that restricts eligible courses to those that specifically count towards a diploma. Language that more broadly captures educational courses that may not specifically count towards a degree would improve the rules and bill’s implementation. Another example is a requirement that waitlisted families re-apply each year that their child remains on the waitlist. If possible, waitlisted families should be permitted to remain on a waitlist without re-applying. There should be a presumption that they would still like to participate.TCCRI’s main concern in the comment process is that your office will be inundated with comments from

individuals and interest groups whose intent is for SB 2 to fail, and their comments will be tailored to those ends. We would advise your office to resolve comments in conflict with the spirit and intent of SB 2 in a manner that (1) is consistent with the law as written, and (2) maximizes parental choice and freedom within the bounds of the law. The purpose of the bill is to increase educational freedom, and comments asking you to re-write rules in a manner that does the opposite should be disregarded.

SB 2 is one of the most important education reforms ever passed by the Texas Legislature. Any revisions made to the proposed rules should move in one direction: they should only act to increase educational freedom in line with the intent of Senate Bill 2.

Thank you for your hard work and your commitment to properly implementing the will of Texas voters.