Texas taxpayers will fund dozens of private schools that openly discriminate

From the Texas Observer:

Upon signing school vouchers into law last May, Governor Greg Abbott pronounced that he had delivered “education freedom to every Texas family.” But the billion-dollar program, which opens to parents on February 4, has enrolled dozens of private schools that openly discriminate against Texas families on the basis of religion, sexual orientation, or gender identity, according to a Texas Observer analysis of information gathered from the schools’ websites and handbooks, and survey responses and phone calls with school leaders.

The Observer gathered information about all 291 schools selected by the state that offer education beyond the kindergarten level. More than 90 percent are affiliated with or owned by a religious or faith-based group, the analysis found. More than 100 of those schools require or prioritize for admission students of the same faith, and more than 60 have a written policy that discriminates against LGBTQ+ students, the schools’ own data shows.

The Texas Comptroller’s office announced December 22 that nearly 600 private K-12 and early pre-K schools had  already been enrolled in the Texas Education Freedom Account (TEFA) program, as the state vouchers have been dubbed. But only about half that were listed on its website as of January 1 serve students beyond kindergarten. The comptroller’s office, which administers the voucher program, has not provided comment for this story.

About 70 percent of these schools are concentrated in the greater metropolitan areas of Houston, Dallas-Fort Worth, San Antonio, and Austin. Many rural Texas families will have no options; more than 180 of Texas’ 254 counties have no elementary, junior, or senior high schools enrolled so far.

Participating students in approved private schools will receive $10,474 for the 2026-27 school year—though students with special needs may receive up to $30,000 and homeschool students will receive $2,000. If applications for the voucher program exceed available funding, program rules state that the comptroller must prioritize applications of students with disabilities and lower incomes.

But these rules don’t guarantee student access to enrolled private schools.

The Observer’s analysis found that around a third of the schools enrolled in the program have a 2025-26 tuition that exceeds $10,474 and few offer special education services. Private schools generally increase rates every year, and the tuition excludes other fees and costs, such as registration, testing, sports, supplies, field trips, or uniforms.

Unlike public schools, private schools are not required to accept all students and can weed out students through a lengthy admission process that requires recommendations, testing, and interviews. Chinquapin Preparatory School, a secular school in the Greater Houston area, only invites students to take an admissions test if they first pass a review of prior standardized test scores, report cards, and recommendations. Even after passing the exam, they still have to clear interviews and classroom observations.

In addition, around 40 percent of the religious schools have policies that favor students of their own faith and around 25 percent have policies that discriminate against LGBTQ+ students.

Nik Nartowicz, lead policy counsel for Americans United for Separation of Church and State, said the organization has opposed private school vouchers for many years because of such inherent biases. “Taxpayers should not be forced to fund someone else’s religion or discrimination; it’s a violation of taxpayers’ religious freedom,” he told the Observer.

Of the participating schools included in the Observer’s analysis, 268 are religious—with 176 Catholic, 91 Protestant, and one Jewish. Only 23 are secular.

Of the 176 Catholic parochial schools, at least 40 percent prioritize admission of students from their own parish or other Catholic students, based on a review of policies posted on school websites and handbooks. For many of these schools, non-Catholic students are at the bottom of the priority enrollment list. For example, St. Theresa Catholic School in Austin prioritizes in order: children of faculty, siblings of current students, children of parishioners, children of alumni, and children of other Catholic parishes, before enrolling all other applicants, based on “alignment with the school’s mission and values” and assessment results.

“Parochial schools maintain admission requirements so we can faithfully live out our educational and spiritual mission,” Camille Garcia, Secretariat Director of the Diocese of Austin, wrote in response to the Observer’s inquiry on St. Theresa Catholic School’s admission policies. “These requirements are not meant to exclude, but to ensure alignment with the mission and with the parent’s vision for their children.”

About a third of the other participating 91 Christian schools bar from enrollment students who are not from Christian families, based on admission policies posted on websites and handbooks and some responses via phone calls. Some identify themselves as “covenant schools” that aim to only partner with Christian families in the education of their children, as opposed to “mission schools” with an evangelical objective. Many of these covenant schools require an applicant’s family to be professing Christians, to be active members of a Christian church, or provide a character reference from a pastor. That includes Conroe’s Lifestyle Christian School, whose website states: “For a student to be eligible for admission or re-enrollment, the family must be Christians, a member of an evangelical, Bible-believing church, and REGULAR in attendance at the church.” Even if families fit this criteria, its handbook states, “LCS reserves the right to decline admission or re-enrollment of any student at the sole discretion of the school’s administration.”

Lifestyle Christian School’s head of school Chris Brown did not respond to the Observer’s multiple requests for comment on the school’s admission policies.

Students enrolled in Christian schools generally have to attend chapel services and are taught scripture. But some of the approved schools also practice “Kingdom Education,” a religious education model that integrates the Bible into all subject-area instruction. For example, the the McAllen-based Covenant Christian Academy’s curriculum map for 8th Grade American History states that for all units from European settlement to the Civil War to the Industrial Revolution students will learn the guiding Biblical principle that begins with, “God is creator. All things, including time, were made by and for Himself” and ends with, “God’s plans for history are beyond my full comprehension.” Its curriculum map for a unit on “Prokaryotes and Viruses” for 9th Grade Biology states students will learn about creationism, the “success of pathogenic organisms as a result of the Fall and Curse,” and “disease as a result of sin.” Learning addition, subtraction, multiplication, and division, according to its 3rd Grade Math curriculum map, means learning about the “absoluteness-immutability” of God.

Milton Gonzalez, executive director of Covenant Christian Academy declined to comment on the school’s curriculum for this story.

Covenant Christian Academy and other approved schools, like the First Baptist Academy in the San Antonio area, use textbooks from Abeka or Bob Jones University Press which have included inflammatory and controversial racist statements that describe slavery as “black immigration” and characterize slaves as “better investments than indentured servants.”

Christine Povolich, head administrator of the First Baptist Academy did not respond to the Observer’s multiple requests for comments on the school’s curriculum.

In 2005, the Association of Christian Schools International sued the University of California for religious discrimination because the university system had rejected credits from high school courses based on Abeka and Bob Jones textbooks. The attempt was quashed by a 2008 United States District Court for the Central District of California decision in favor of the University of California and a year later upheld by the Ninth Circuit Court of Appeals. But Texas’ approval of schools that use these texts could raise more questions about whether these schools are appropriately preparing students for colleges.

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For at least 25 percent of the 268 participating religious schools, behavioral expectations include adherence to strict sexuality and gender policies. Some of these schools forbid enrollment of or allow schools to kick out LGBTQ+ students, according to the Observer’s review of school handbooks.

Many Christian schools use the Association of Christian Schools International’s template “Statement on Marriage, Gender, and Sexuality,” which states that “rejection of one’s biological sex is a rejection of the image of God within that person,” that “‘marriage’ only has one meaning: the uniting of one man and one woman,” and that “any form of sexual immorality (including adultery, fornication, homosexual behavior, bisexual conduct, bestiality, incest, and use of pornography) is sinful and offensive to God.” The Bay Area Christian School in the Greater Houston area states in its handbook under a section called “Bay Area Christian School Lifestyle Stance” that “The school reserves the right to refuse enrollment or discontinue partnership when the atmosphere or conduct within a family or actions or stances of a student oppose the scriptural posture” of the school, including “immoral heterosexual activity, homosexual activity, bisexual activity, transgender activity, or sexual deviancy.”

Many Catholic schools included similar statements in their policies. For example, Catholic schools in the Diocese of Corpus Christi use “Human Sexuality: Guiding Principles for Catholic School Leaders,” which states that students will use names, pronouns, and facilities corresponding to their biological sex and that “expressions of a student’s sexual identity” and “expressions of a student’s disordered inclination for same‐sex attraction” are prohibited as they may cause “disruption or confusion regarding the Church’s teaching on human sexuality.” The Diocese also suggests conversion therapy should be used when school leaders identify gay and transgender students. The document states that school leaders should “encourage the family to seek the guidance of their pediatrician and counseling by a trained licensed professional who may be able to assist with this issue in accord with Catholic teaching and natural law.”

Katia Uriarte, director of communications for the Diocese of Corpus Christi, declined to comment for this story.

Bay Area Christian School’s Head of School Les Rainey did not respond to the Observer’s multiple requests for comment on the school’s admission policies.

Title IX of the Education Amendments of 1972 mandates that public schools prevent and redress sex-based and gender-based harassment of students in public schools. But “Private religious schools don’t have to have that framework,” said Paige Duggins-Clay, chief legal analyst at the Intercultural Development Research Association,  a Texas education and civil rights policy organization. “Private schools can say our religious beliefs or our moral beliefs dictate that having a gender identity or sexual orientation that doesn’t conform with traditional male-female binaries is against our religion.”

Texas’ voucher law also states that private schools will not be considered “state actors,” thus restricting the state from “imposing requirements that are contrary to the religious or institutional values or practices of an education service provider.” Attempts during the legislative session to include anti-discrimination provisions in the voucher law were blocked.

Unlike public schools, private schools are also not required to enroll or provide special education services to students with disabilities that are otherwise required under federal law—so long as they don’t receive federal funding under those provisions.

Even though Texas’ voucher program prioritizes students with special needs, most private schools currently enrolled lack special education services. The Observer received information from 257 schools regarding special education services through a mix of survey responses, phone calls, or information from school handbooks. Of those, less than a dozen schools stated that special education services are available to students. If students with special needs are accepted, some schools said they provide limited accommodations, such as extended time for tests, preferential seating, small-group instruction, and testing; fewer schools offer services for dyslexia and dysgraphia or tutoring for extra costs. Most Catholic school handbooks include a statement similar to that by the Archdiocese of Galveston-Houston, which states, “Students with exceptional learning needs are admitted to the extent that the needs of students can be met within the scope of the programs and available resources on each campus.”

These private schools’ limited ability to provide special education services to students has not stopped private school leaders from encouraging families to obtain an Individualized Education Plan (IEP) to qualify for up to $30,000 in school vouchers. The Texas Conference of Catholic Bishops, for instance, has created a handout for parents instructing them how to request an evaluation for an IEP from their local public school district. (The Texas comptroller enacted rules requiring an IEP to qualify.)

Steven Aleman, senior policy specialist with Disability Rights Texas, which advocates for public school students with disabilities, told the Observer he’s concerned this will “only divert precious public resources away from remaining public school students with disabilities.”

State Representative Gina Hinojosa, a longtime voucher opponent who is running to be the Democratic gubernatorial candidate, told the Observer, “Make no mistake, every time they talk about ‘school choice’ they are actually taking options away from Texans.” She added that Abbott is “making taxpayers pay the tuition of families who are already enrolled in private school.”

Last December, Brentwood Christian School in Austin held a webinar on the program for families whose students were already enrolled at the school. During the meeting, a parent expressed concern that the award-winning school would change if there was a “run of people” from public schools.

But President Jay Burcham eased their concerns. “We’re full,” Burcham said, explaining that the school only has 15 remaining seats across 14 grade levels. “We do not have to change our accommodations for anyone. We are Brentwood Christian school. This program is for the parents. You’re the beneficiary,” he said.

Burcham suggested students already enrolled in private schools would be prioritized. “It’s been said they want this first go-through to be more for the people who are already in private schools,” he said, later adding, “We want as many of our people in as possible.” During the webinar, Burcham instructed parents how to qualify for the program’s first priority tier for students with disabilities: “If you got the diagnosis, that’s step number one. … Then we have to work really hard with the school district to get an IEP in place.” Even if they don’t qualify for the priority slots, Burcham still encouraged existing Brentwood parents to apply.

In response to the Observer’s inquiry about the webinar, Burcham said the school also held an informational meeting including prospective applicants. But he wanted to make sure currently enrolled families knew they could also apply. “BCS tuition is quite a bit lower than most Central Texas private schools. Even with this lower tuition, we still have many families who receive financial aid subsidies through BCS. These are families who are making ongoing sacrifices to keep their kids in a private and parochial school environment, and they are an intended and welcome participant in the TEFA program, just like the students who may be using TEFA to transfer from a public school to a private school are intended and welcome participants,” Burcham wrote via email.

According to the voucher law’s fiscal note, the billion-dollar program could grow past $6 billion in the next biennium since the Legislature can appropriate more money to expand it to cover more students.

“We need you to register, because the intent is that they’re going to grow this,” Burcham told Brentwood parents during the webinar. “In other words, if you register, but you don’t get TEFA, in two years, you have a high likelihood. So, think of the long game.”