Texas House Bill HB1427

Texas 2025 - 89th Regular

• Filed: 11/20/24

Caption

Relating to prohibiting the denial of public benefits for students enrolled in a private school operated by a religious organization or providing religious instruction.

Impact

If enacted, HB 1427 would significantly redefine the eligibility for public benefits within the educational landscape of Texas. By ensuring that students in religiously affiliated private schools can access public funding resources, the bill aims to promote equality in educational funding irrespective of a school's religious affiliation. This could potentially increase enrollment in religious private schools as families gain access to public financial assistance traditionally reserved for their secular counterparts.

Summary

House Bill 1427 seeks to amend the Texas Education Code by prohibiting the denial of public benefits to students enrolled in private schools operated by religious organizations. The bill directly responds to the Supreme Court’s ruling in Carson v. Makin, which emphasized the right to access public funding for religious education. Under this bill, state entities are expressly restricted from denying any public benefit solely because a student's education is derived from a religiously affiliated institution or curriculum.

Contention

While supporters of HB 1427 argue that it fosters equity in educational funding and respects the rights of families to choose religious education, critics express concerns about the implications for separation of church and state principles. Opponents worry that the bill could lead to a diversion of public funds from publicly funded educational institutions into private religious schools, ultimately diluting the resources available for public education and raising questions about the quality of education provided in those settings.

Texas Constitutional Statutes Affected

Education Code

• Chapter 1. General Provisions
  • Section: New Section