Finalized rules announced for Texas voucher program
Date Posted: 12/02/2025 | Author: Tricia Cave
Acting State Comptroller Kelly Hancock (R) announced the final rules for the Texas voucher program, otherwise known as Texas Education Freedom Accounts (TEFA), on Nov. 25. The rules officially set guidelines about Pre-K funding and upcoming windows for schools and families to begin applying for the program, as well as guidelines for special education funding.
Highlights of the new rules include:
- Private schools and vendors that service students with disabilities can begin applying to the program Dec. 9.
- The application window for families will open Feb. 4, 2026, and remain open until mid-March, with acceptance decisions coming from the state in early May.
- Funding amounts will be $10,300 per student attending a private school, $2,000 for homeschool students, and up to $30,000 for students with disabilities.
- Preschoolers will be eligible for the full $10,300, not the $2,000 originally proposed by the comptroller’s office.
- Special education students will be eligible for acceptance to the program with a Social Security determination letter, doctor’s note, or an Individualized Education Program (IEP) from a school district. Disability rights advocates had argued in hearings earlier this fall that not requiring an IEP would allow students without demonstrated need to request these additional funds. The new rules show that the comptroller disagreed and felt other documentation was sufficient for application to the program. In order to receive the additional funds, however, the students will need to receive an evaluation from a public school. Public schools will be required to provide these evaluations within 45 days of a request to do so. The funding amounts of up to $30,000 for special education students will depend on demonstrated need.
- The comptroller’s office denied requests from public school advocates for private schools to be required to disclose more information, such as donor information, the number of available spots by grade level, graduation rates, and statistics on money recouped by the state for ineligible expenses. The comptroller’s office said it would only comply with the reporting requirements outlined in state law, which include an annual report disclosing the number of applications received and accepted, demographic information for participants, survey data showing participant satisfaction, and information about the program’s impact on school capacity and open seats available in public and private schools. Gifts, grants, and donations must also be disclosed, though donor information can be withheld.
The school voucher program, signed into law earlier this year by Gov. Greg Abbott (R), will be overseen by the comptroller’s office, and the accounts will be managed by Odyssey, which was awarded the contract earlier this fall. Legislators allocated $1 billion in funds for the program this biennium, and it is estimated the funds will serve only 90,000 of the more than 5.5 million students in Texas. Families can use the funds through their online Odyssey accounts for private and preschool tuition, as well as educational supplies and services from approved vendors. Applicants will prioritized in this order:
- Students with disabilities from families at or under 500% of the federal poverty level, or roughly $160,000
- Students from families at or under 200% of the federal poverty level, or $64,300
- Students from families between 200% and 500% of the federal poverty level
- Students at or above 500% of the federal poverty level (this tier is limited to only 20% of the program’s budget)
This prioritization system, however, does not guarantee acceptance to a participating school nor acceptance to the program itself. Private schools are permitted under Senate Bill (SB) 2—the legislation authorizing the voucher program—to continue setting admission requirements as they see fit, meaning they can choose to deny students entry for any reason they want. Private schools also do not have to follow federal special education laws, meaning they can deny services to students with disabilities even if they do accept them.
Texas will begin making payments through its school voucher program in the 2026-27 school year.
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So PUBLIC SCHOOLS have to use their personnel, time and funds to test students to see if they qualify for special education, but the private schools AREN''T REQUIRED to actually provide necessary services once they''ve accepted them (and gotten the voucher money). What an injustice!
Public schools have 45 SCHOOL days (based on their district calendar) in which to complete evaluations. Not 45 days. Please update your article. Thanks!
I have a daughter with autism does she qualify for funding? Is the funding for her school or her at home?