Burnt Orange Report

Vouchers Expected To Make The Grade This Session

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Guest Post By Vince Leibowitz

AUSTIN--With its ultra-conservative, right-wing majority intact following the November election, GOP legislators in the Texas House look to follow last session's polarizing redistricting plan with yet another volatile part of its legislative agenda: school vouchers.

For the past three sessions, opponents of school vouchers (namely Democrats) have managed to keep such bills from coming to a vote. But, in a bow to major campaign donors and their party's platform, Republican legislators say they are ready to pass the measure this session.

The Houston Chronicle notes one lawmaker is already scheming ways to get vouchers through the legislature when it convenes in January:

Earlier this month, on the first day to file bills, Rep. Frank Corte (R-San Antonio), submitted a proposal for a pilot voucher program that would include the Houston and Cypress-Fairbanks districts.

In addition, it appears Corte is looking at hijacking a "must-pass" bill--the reauthorization of the Texas Education Agency--as a vehicle for a voucher program. If Corte's proposal, House Bill 12, gets stuck in committee as those which came before it did, he says he's prepared to attach it as an amendment to the TEA sunset bill or another education or school finance bill.

Corte's bill would allow students who are struggling academically or attending low-rated public schools to enroll in private schools (including religious schools) using a state-funded voucher. The voucher would be for an amount equal to the average per-student funding at the local public school.

The pilot would apply to the six largest districts in the state.

Public school administrators, teachers and public education advocates agree vouchers would spell disaster for public education in Texas.

"I will be looking at any legislation to see if it's something that fits in the same category," said Corte. "My staff has been looking at sunset for TEA...We're probably at a better position this term than any time before to try to bring (vouchers) to fruition," said Corte.

The TEA bill will be one of the main pieces of legislation next session, particularly since it coincides with efforts to write a new education funding law.

The Chronicle notes the TEA sunset bill likely will end up before a House-Senate conference committee, which will settle any differences passed by the separate chambers. If vouchers are added to the bill in that committee, it could hold the education agency hostage because conference committee reports cannot be changed on the House or Senate floors; they must be voted up or down.

Education advocates were quick to criticise Corte's agenda:

"Obviously we see a danger in things like vouchers being included in the reauthorization legislation," said Rob D'Amico, a spokesman for the Texas Federation of Teachers. "When attempts are made to attach agendas like that, it has the potential of sinking the legislation."

With Texas Republicans emboldened by November election victories in Congressional races thanks to the redistricting plan forced through the Legislature in 2003 (which prompted Democrat walk-outs in both chambers), aren't the longshot they once. Plus, their champion this year, Corte, has a reputation for making sure controversial legislation through. Last session, he passed a bill requiring a 24-hour waiting period for women seeking abortions.

And, if a voucher program is passed in the legislature, don't expect Texas Governor Rick Perry to veto the measure.

Such programs are supported by Perry, whose campaigns are funded through large contributions from such high-profile voucher advocates as Dr. James Leininger. Earlier this month, in fact, a group of Perry's business advisers called for vouchers, more funding for charter schools and restructuring the way teachers are paid.

The House has not debated vouchers since 1997, when a floor amendment proposed by Rep. Ron Wilson (D-Houston), failed on a 68-68 vote.

Last spring, during a special session on school finance, Lt. Gov. David Dewhurst said vouchers would encounter strong opposition in the Senate. He said at the time that he would not let school finance "crash on this one issue," The Chron noted.

However, school finance could indeed "crash on this one issue." As noted by The Chron, there is ample precedent of agency reauthorization bills being derailed over contentious issues. Just last session, the Texas Lottery Commission sunset bill got bogged down in a fight over increased regulation of charitable bingo games, and the State Board for Educator Certification was sidetracked over alternative certification for teachers.

Both agencies were added to "safety net" bills that kept them operating for two years. They, too, will be up for reauthorization during the 2005 session.

Most state agencies undergo sunset review every 12 years. The process begins with a review of the agency by the Sunset Advisory Commission staff. The staff report on TEA was issued earlier this month and was critical of the agency's oversight of charter schools, another hot-button issue for lawmakers.

Vince Leibowitz is County Chairman of the Democratic Party of Van Zandt County. He is a regular contributor to the Political State Report.