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The topic of school vouchers has long been a source of intense debate in the realm of Texas politics.
For a considerable duration, the proposal has created a deep divide between the Senate and the House, where Democrats and rural Republicans have united to oppose it firmly.
But throw in Attorney General Ken Paxton’s impeachment trial and acquittal — and the explosive intraparty conflict it has caused in the Capitol — and state lawmakers are bracing for an even more epic showdown over the issue this fall.
Gov. Greg Abbott has not announced the date yet, but he has long indicated that he would call lawmakers back to Austin after Paxton’s trial to revisit his signature push to let parents use taxpayers dollars to take their kids out of public school.
Getting legislative approval was never going to be easy. The chambers spent months gridlocked on the issue during the regular session. Any kind of deal would likely require delicate negotiations and cooperation between the chambers — something that has always been difficult with Patrick and House Speaker Dade Phelan. Earlier this year, Patrick and Phelan fought bitterly and publicly for months over how to cut property taxes — a goal that had near-unanimous support on both sides of the Capitol. “School choice” has faced opposition from a majority in the House for years, complicating negotiations.
The disputes regarding Paxton have further deepened the rift between the two chambers.
After the House voted overwhelmingly to impeach Paxton in May, the Senate decisively acquitted him on all 16 articles of impeachment it considered in the trial. Patrick, effectively the judge, ended the trial by blasting the House for how it handled the impeachment, saying it was rushed and calling for an audit of the House’s spending. Phelan shot back, accusing Patrick of “cheating the people of Texas of justice” and “placing his contempt for the people’s House on full display.”
Despite the ongoing conflict between chambers, supporters of school choice maintain a positive outlook. On Monday, Mandy Drogin, the leading advocate for this cause at the Texas Public Policy Foundation, expressed her unwavering optimism.
Drogin expressed his belief that amidst the chaotic and eventful summer, Texans have an opportunity to come together for a positive cause. He anticipates witnessing this unity during the special session.
On Monday, Abbott made it clear that he intends to continue his efforts. It was declared that he would be a special guest in a tele-town hall focused on “school choice” on Tuesday, and he emphasized on Twitter that the time to take action on this matter is now.
In a statement, Renae Eze, spokesperson for Abbott, expressed anticipation for collaborating with the Texas Legislature in the upcoming special session. The aim is to further enhance the accomplishments of the regular legislative session in empowering parents and guaranteeing that every Texas family can make the optimal educational choices for their children.
The exact timing of the special session is still unknown. While Patrick and lawmakers have mentioned October as a potential month for the session, Abbott has not provided any specific details.
Following the arduous trial, Republican senators, who served as jurors, expressed their anticipation for the upcoming special session.
“I am ready to get back to the important work of representing you, my constituents, in the upcoming special session,” Sen. Angela Paxton — Ken Paxton’s wife — wrote in a letter to constituents. “I’m looking forward to defending critical parental rights, protections, and educational opportunities for all Texas children.”
However, the focus will remain on the House where Republican members seemed more reserved on Monday, and Phelan’s office chose not to provide any comments for this story.
About a month before the trial, Phelan said in an interview that a special House committee was having “some of the most productive conversations that we’ve had in years” regarding education, but school choice was no guarantee. That committee issued a report outlining a possible path forward for vouchers, suggesting a scaled-back approach compared to the legislation debated during the regular session.
Phelan maintained his hands-off approach to the governor’s major concern in 2023, stating that he was not engaged in personal lobbying with members, either for or against it.
However, Phelan’s critics within his own party now feel that he is under greater pressure than ever to address the issue. Numerous Republicans who were previously upset with the House’s impeachment of Paxton also happen to be advocates for school choice.
Luke Macias, a Republican strategist opposing Dade Phelan, expressed that if Phelan possesses intelligence, he will approve comprehensive school choice. Macias further asserted that failure to do so will only create a more challenging situation for his members leading up to March.
The Texas GOP, despite not being a supporter of Phelan, is exercising restraint and waiting to observe the outcomes of the special session. Prior to the commencement of the Paxton trial, the resolutions committee of the state party chose not to progress a county party resolution to criticize Phelan for his stance on school choice and other matters. They deemed it premature considering the impending special session.
A major question that still lingers is whether the House’s stance on school choice has evolved since May. Drogin indicated that Abbott’s determination has become increasingly apparent, and with the recent enactment of a budget that includes provisions for education savings accounts, parents may be allowed to use state funds to cover private school expenses.
It is anticipated that Abbott will persist in linking ESAs with education proposals that garner more widespread support, such as increasing teacher salaries.
Democrats say little has changed, citing test votes on the issue during the regular session. In April, the chamber voted 86 to 52 in favor of banning the use of state dollars on voucher-like programs.
“I don’t have to look at the impeachment to determine the viability of vouchers,” said state Rep. Trey Martinez Fischer of San Antonio, who chairs the House Democratic Caucus. “There’s clearly not an appetite for vouchers in the House.”
Depending on the timing of the special session — and any subsequent ones — the attitude of the House toward school vouchers could see slight changes compared to the end of the regular legislative session. At least two anti-voucher Republicans — Reps. John Raney of Bryan and Four Price of Amarillo — have since announced they will not be running for reelection, making them less likely to be swayed by political pressure. And there will be a Nov. 7 special election to fill a vacant seat where one leading GOP candidate is promising to vote for Abbott’s agenda.
During a forum last month, candidate Brent Money emphasized the importance of electing the right person at the right time on November 7. He highlighted that having someone advocating for school choice would be possible if we make the right choice.
However, at present, Republicans in both chambers are simply thankful to have left behind the impeachment controversy.
“We did our constitutional duty, it’s behind us, we’re excited, in my case, to be back home in North Texas and get back to the people’s businesses,” state Sen. Tan Parker, R-Flower Mound, said in a radio interview Monday. “We have so many challenges before us that we need to address” — including, Parker added, “tackling education in this special session around the corner.”
Disclosure: The Texas Public Policy Foundation has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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