Texas Attorney General Ken Paxton, a supporter of school choice, insists there's no constitutional barrier preventing Texas from adopting such programs.
Paxton issued the legal opinion Monday stating that Education Savings Account, or 'ESA programs' do not violate the Establishment Clause of the First Amendment, but found that part of the Texas constitution that excludes religious schools from receiving ESA Funds actually violate the Free Exercise Clause of the First Amendment to the U.S. Constitution.
The opinion states ESAs can offer parents and students a better educational experience by providing them with education assistance payments that can be directed to public and private schools, including sectarian schools.
"Texas parents should have the right to choose the best school for their kids, and every Texas child deserves the opportunity to attend a good, safe school where they can learn and thrive," said Attorney General Paxton. "Today I issued a legal opinion which informs the Texas Legislature that there are no constitutional barriers to enacting school choice in Texas. It's time to empower Texas parents and provide additional educational opportunities so every Texas child can reach their dreams."
Governor Greg Abbott and others have been pushing lawmakers to expand ESAs in Texas this session, saying parents have the right to choose the education that works for their child.
To read the full opinion, click here.
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