Editor's Note: The above video is KXAN's previous coverage of Senate Bill 2 when it passed in the Texas Senate.
AUSTIN (Nexstar) -- Texas Gov. Greg Abbott will sign Senate Bill 2, the education savings account (ESA) program, into law on Saturday afternoon, creating the nation's largest day-one school choice program.
After previous failed attempts, alleged threats against Republican House members, and a call from President Donald Trump, Abbott will finally get one of his top priorities across the finish line.
Data shows how far school choice funds will go with private special education programs in TexasThe governor will be joined alongside the authors of the bill, State Sen. Brandon Creighton, R-Conroe, and State Rep. Brad Buckley, R-Salado, as well as Lt. Gov. Dan Patrick and Speaker of the House Dustin Burrows, R-Lubbock. A school choice advocate and private school director are also listed to make comments at the signing.
Watch the signing in the video player above at 2 p.m. CT Saturday.
What will ESAs look like?
The ESA program will allow approved applicants to use public dollars to help cover the costs of sending their children to a private school. Parents would be able to use money to pay for things like tuition, school supplies, uniforms, travel, etc.
The program is allocated for $1 billion in its first year, but the bill language states that cap will be removed after the first year of implementation. Lawmakers could set the same cap in the next legislative session when they write the budget, or can even increase or decrease the program amount.
How much does each student get?
Each child accepted into the program will receive 85% of the statewide average of local and state dollars that each student receives in public schools. Right now, that is a little over $10,000 per year. Special education students are able to receive the same amount of money they would receive if they attend public school, with a cap at $30,000. Home-schooled students are eligible to receive up to $2,000 per year.
Who is prioritized?
Since there is a cap, only so many students will be able to take advantage of the program. The bill does prioritize applicants based on educational needs and family income. Here's how it is broken down:
Priority LevelEligibility1Children with a disability in a household with income at or below 500% of the federal poverty line2Children in a household with income at or below 200% of the federal poverty line3Children in a household with income that is above 200% and below 500% of the federal poverty line4Everyone elseThe federal poverty line for a family of 4 is $32,150. For example, a child in a family of 4 would be in the 3rd priority level if their household income is between $64,300 and $160,750.If the comptroller, the agency tasked with operating the program, receives more applicants than available spots, it will use a lottery system to fill out the program. A child whose sibling is in the program would automatically be placed in the program as well.
What's next for public school finance?
The Texas House passed both school choice and public school finance legislation at the same time. Speaker Burrows called the initiative the "Texas Two-Step." House Democrats fought against the ESA program arguing it would cause public schools to lose out on state dollars, since that money is determined by attendance.
Democrats argued they wanted to use the $1 billion set aside for school choice to be used toward increasing public school financing. House Bill 2, the public school finance bill, increased public school funding by roughly $7.7 billion.
Democrats said the school finance bill does not go far enough in increasing the basic allotment, which is a portion of the total school funding a school district receives per student. The last time it was increased was in 2019 when the legislature bumped it up to $6,160. The latest school finance bill would increase the basic allotment by $340, but Democrats argue the basic allotment needs to increase by about $1,400 in order for schools to catch up with inflation.
But unlike school choice legislation, the school finance bill has not been fully approved by both chambers. The bill was referred to the Senate Committee on Education K-16, but does not have a hearing date set. The bill was passed on the same night as school choice, April 17.
This past week, State Rep. Gene Wu, D-Houston, voiced his concerns with the Senate not scheduling a hearing for school finance. In a line of parliamentary questioning to the Speaker, Wu asked, "Is the Senate aware that if HB 2 does not pass that our school system may completely collapse?"
"Mr. Wu, the Chair is not advised," Burrows responded.
"I think it's very concerning that the governor forced his private school voucher bill through the House and is now stalling on funding for our public schools," State Rep. James Talarico, D-Austin, said. "This was supposed to be the Texas two-step, but right now I'm just seeing one step, and that's defunding our neighborhood public schools across the state."
The last day for the Texas Senate to consider all bills on second and third reading is May 28, according to the Legislature's Deadline Action calendar.
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