Following Passage, Institute for Justice Pledges to Defend Texas’ School Choice Program in Court

AUSTIN, Tex.—The Texas House of Representatives passed SB 2, joining the Texas Senate in approving legislation that creates Texas’s first education savings account program (ESAs). The ESA program is universal and available to all Texas families while prioritizing lower income and special-needs applicants if demand exceeds available funding. SB 2 empowers parents to direct their child’s education and afford the learning environment that best fits their needs. 

The Institute for Justice (IJ), which defends school choice programs nationwide, including victories in the U.S. Supreme Court in Zelman v. Simmons-Harris, Espinoza v. Montana Department of Revenue, and Carson v. Makin, supports this legislation. Once signed into law, the Partnership for Educational Choice—a joint project of the Institute for Justice and EdChoice—stands ready to defend the ESA program in court on behalf of parents should a challenge occur.

The ESA program created by SB 2 fully complies with the state and federal constitutions.

“Every child deserves a chance at a great education,” said Arif Panju, Managing Attorney of IJ’s Texas office. “SB 2 will empower all Texas families, regardless of means, to enjoy the freedom to direct their children’s education. It creates a voluntary ESA program that recognizes there is no one-size-fits-all way to educate a child.”