Estimated Time to Read: 18 minutes
Few topics during the 89th Texas Legislative Session generated as much public attention, political investment, or electoral consequence as education. From Texas Governor Greg Abbott’s (R) relentless push for school choice to multi-billion-dollar proposals for public education funding and teacher pay raises, education policy dominated the legislative landscape in 2025.
In this installment of our 8-part series reviewing the outcomes of the 89th session, we examine what passed, what failed, and how lawmakers balanced the competing priorities of choice and funding in Texas’s sprawling education system.
Bills That Made It
The session yielded a landmark victory for school choice advocates and produced sweeping funding reforms for public education. But it also featured cultural legislation, classroom discipline policy, and curriculum mandates that will change the day-to-day reality for students and teachers alike.
Education Savings Account, Senate Bill 2
After years of failed attempts, Governor Abbott’s top priority, creating an Education Savings Account (ESA) program, crossed the finish line. Senate Bill 2 (SB 2), authored by State Sen. Brandon Creighton (R-Conroe), finally passed in the last days of the session, establishing a $1 billion ESA program designed to give parents public funds to pay for private or home school education expenses. Though narrower in scope than originally envisioned, it marks a major shift in Texas education policy.
Administered by the Texas Comptroller, the program allows qualifying families to receive up to $8,000 per year to use on approved education-related expenses such as private school tuition, instructional materials, tutoring, and certain higher education programs. The bill prioritizes eligibility for low-income students, students with disabilities, and those from underperforming public schools. It also permits up to five certified Educational Assistance Organizations (EAOs) to support families and process reimbursements.
As SB 2 moved through the legislative process, it evolved to become a much narrower program. The process introduced participation caps, tightened eligibility by requiring prior public school attendance, and included new administrative layers. While the Senate version emphasized religious and private school autonomy and broader access, the House version introduced more regulatory controls and financial restrictions, including a $1 billion biennial cap.
Though touted as a landmark win for school choice, critics, including some initial supporters, argued the final version risked entrenching a limited, bureaucratic pilot that lacked the funding or policy structure to produce meaningful competitive pressure on public schools. Ultimately, SB 2 represents a politically hard-won compromise: a foot in the door for ESAs, but one surrounded by conditions, limitations, and questions about scalability and long-term viability.
SB 2 allows for qualifying students to receive up to $8,000 annually, with priority given to low-income families, students with disabilities, and those attending failing schools. The House’s willingness to pass the measure followed a prolonged intra-GOP standoff, resolved only after Abbott successfully unseated several anti-school choice Republicans in the 2024 primaries.
Public Education Funding, House Bill 2
In what Texas House Speaker Dustin Burrows (R-Lubbock) dubbed the second half of the “Texas Two Step,” House Bill 2 (HB 2), authored by State Rep. Brad Buckley (R-Salado), delivers an $8.5 billion public education funding overhaul. The legislation increases the basic allotment, establishes a new “ABC allotment” to help cover base costs for districts, and expands the teacher designation system.
HB 2 makes comprehensive changes to the Teacher Incentive Allotment (TIA) program by introducing new designation tiers, such as “acknowledged” and “nationally board-certified,” and increasing the funding for each level of designation. The bill also establishes an Enhanced Teacher Incentive Allotment System (ETIAS), allowing districts to qualify for more funding if they implement performance-based compensation systems, principal evaluations, and high-need campus staffing strategies.
Additionally, HB 2 creates new grant programs administered by the Texas Education Agency (TEA) to assist districts in implementing teacher designation systems. The TEA is directed to provide technical assistance and data tools to help schools measure performance and meet the requirements of the allotment system. A separate provision requires TEA to contract with third parties to provide teachers with legal rights education and access to professional liability insurance, ensuring neutrality and transparency.
The bill also modifies payroll deduction rules for professional organization dues and membership fees and requires the State Board for Educator Certification (SBEC) to review national board certifications to ensure alignment with Texas standards. This includes prohibitions on the use of disallowed content, such as Common Core standards or three-cueing reading strategies.
Though comprehensive, HB 2 comes with a significant fiscal cost, estimated at over $8.38 billion for the 2026–27 biennium. Major cost drivers include expanded TIA payments, salary-related TRS contributions, special education enhancements, and early literacy programs. TEA expects to add over 85 full-time employees to manage implementation, and school districts face new reporting and compliance responsibilities.
Supporters frame HB 2 as a necessary complement to the passage of SB 2, offering public schools the resources and flexibility needed to remain competitive in a landscape increasingly shaped by school choice. Critics caution, however, that the scale and complexity of the reforms may strain the system and expand state control over compensation and classroom practices.
Teacher Bill of Rights, House Bill 6
Dubbed the “Teacher Bill of Rights,” House Bill 6 (HB 6), authored by State Rep. Jeff Leach (R–Allen), is an omnibus education bill that reforms disciplinary policy, expands access to student mental health care, and reinforces teacher authority in public schools.
One of the bill’s major components provides legal immunity for public school educators who, acting in good faith, enforce disciplinary policies or intervene to maintain safety and order. This new protection is aimed at reducing employment-related retaliation or discharge when teachers take necessary action to control disruptive behavior. It also defines “disciplinary proceeding” broadly, encompassing employment suspensions, demotions, or reprimands.
The bill modifies admission and discipline policies for open-enrollment charter schools. It tightens the criteria under which students can be denied enrollment due to behavioral history, allowing exclusion only for students with certain criminal convictions or those whose conduct meets specific thresholds under state law. This change eliminates vague discretionary language and increases access for students previously excluded under broad criteria.
HB 6 also mandates that the Texas Education Agency (TEA) establish procedures to ensure access to mental health services through telehealth providers. While the bill does not provide new funding, it requires schools to notify parents of available services and obtain consent prior to treatment. The policy responds to the rise in student mental health concerns following the pandemic.
Additional provisions reaffirm that districts labeled as “Districts of Innovation” may not exempt themselves from Chapter 37 discipline rules. The bill also enhances transparency around student placement in Disciplinary Alternative Education Programs (DAEPs) and Juvenile Justice Alternative Education Programs (JJAEPs), requiring parental notice, clearer standards, and better recordkeeping.
Although the bill has no significant projected fiscal impact at the state level, local districts may incur costs if they adopt virtual discipline programs or expand telehealth services. HB 6 marks a comprehensive legislative push to bolster classroom order, mental health access, and teacher protections while imposing new discipline-related compliance standards across all public schools.
Classroom Cellphone Ban, House Bill 1481
Another major win for classroom management advocates, House Bill 1481, authored by State Rep. Caroline Fairly (R–Amarillo), requires all Texas public school districts and open-enrollment charter schools to adopt a written policy prohibiting students from using personal communication devices while on school property during the school day.
The bill mandates policies that outline disciplinary actions for violations and authorizes schools to confiscate and potentially dispose of devices after providing 90 days’ notice to a student’s parent or guardian. Exceptions are made for students who require device use due to a documented disability, medical necessity, or legal or safety requirements. District-issued devices are exempt from the ban.
The Texas Education Agency is tasked with developing model policy language to assist districts in implementation. The bill represents a significant expansion from the originally filed version, which applied only during instructional time. The final version reflects a legislative shift in framing, relocating the statute from a health concern to a student discipline issue.
While HB 1481 aligns with national trends to reduce digital distraction in schools, critics argue it undermines parental rights, student autonomy, and local control. The top-down mandate replaces district-level discretion with a statewide policy and allows schools broad authority over personal property, raising liberty and due process concerns. Nonetheless, the bill passed with strong support and is now set to become law across all Texas public schools.
Religious Expression in Schools, Senate Bills 10 and 11
Senate Bill 10 (SB 10), authored by State Sen. Phil King (R-Weatherford), mandates that every public elementary and secondary school classroom in Texas display a copy of the Ten Commandments. The display must be at least 16 inches by 20 inches, legible from any point in the room, and must reproduce the specific language prescribed in the statute, without paraphrasing or interpretation. Schools are required to accept donated posters that comply with these specifications and may also use public funds to purchase them.
The legislation is grounded in recent shifts in constitutional interpretation of the First Amendment’s Establishment Clause, particularly the U.S. Supreme Court’s 2022 decision in Kennedy v. Bremerton, which moved away from the “Lemon test” and emphasized historical practices. SB 10 cites this legal precedent as justification for restoring what supporters call a “moral foundation” to Texas classrooms. To shield districts from legal risk, the law also requires the Office of the Attorney General to defend schools from any lawsuits and assume liability for related costs.
Senate Bill 11 (SB 11), authored by State Sen. Mayes Middleton (R-Galveston), creates a framework for school districts and eligible open-enrollment charter schools to formally adopt a policy allowing for a daily period of prayer or religious reading. Participation requires a signed consent form, and the activity must be conducted in a way that excludes non-consenting individuals—no use of PA systems, no classroom participation during instructional time, and clear separation of location and timing.
The bill requires all school boards to hold a recorded vote on whether to adopt such a policy within six months of the bill’s effective date. Like SB 10, SB 11 obligates the Attorney General to defend any district that adopts a compliant policy and requests state legal support.
Together, these bills reflect the Legislature’s push to reintroduce structured religious expression into public schools through carefully crafted policies designed to align with the evolving jurisprudence of the U.S. Supreme Court.
Anti-Communism Curriculum Mandate, Senate Bill 24
Senate Bill 24 (SB 24), filed by State Sen. Donna Campbell (R–New Braunfels), mandates that the Texas State Board of Education incorporate lessons on communist regimes into the social studies curriculum for grades 4 through 12. The bill requires instruction on the tactics, atrocities, and historical events associated with regimes such as the Soviet Union, Communist China, Cambodia, Cuba, and others. It also calls for comparative analysis between collectivist ideologies and foundational American principles like democracy, free enterprise, and individual rights.
A Committee Substitute narrowed the originally filed version, which had included requirements for grades K–12 and mandates for first-person victim accounts and input from external advocacy groups. The substitute version maintains the educational goals while streamlining implementation, focusing on historical events rather than broader political commentary, and providing more discretion to the State Board of Education.
Supporters argue that SB 24 addresses a critical gap in civic education and equips students to better understand the dangers of totalitarian ideologies. Critics, however, raise concerns about the politicization of curriculum. The bill imposes no significant fiscal burden and includes a curriculum development deadline of July 31, 2026. SB 24 is viewed as part of a broader movement to promote ideological clarity and reinforce the values of liberty and limited government in Texas classrooms.
School District Liability for Employee Sexual Misconduct, House Bill 4623
Authored by State Rep. Mitch Little (R–Lewisville), House Bill 4623 (HB 4623) removes sovereign immunity protections for public school districts in cases of negligence that result in the sexual abuse of a student by an employee. The bill creates Chapter 118 of the Texas Civil Practice and Remedies Code, establishing a statutory cause of action and liability standards for both school districts and individual employees found to have engaged in or failed to prevent such misconduct.
The bill defines “professional school employee” broadly, including administrators, teachers, aides, substitutes, bus drivers, school board members, and even contracted service providers and education preparation interns. Public schools may be held liable when found grossly negligent, reckless, or intentionally misconducting in hiring, supervising, or employing such individuals. Victims may recover damages of up to $500,000 per claimant, plus court costs and attorney’s fees, and lawsuits must name the paindividual employee as a co-defendant.
Crucially, HB 4623 waives governmental immunity for school districts and bars employees from asserting official immunity. The law takes effect September 1, 2025, applying prospectively. Though the Legislative Budget Board classified the fiscal impact as “indeterminable,” the policy shift is expected to have serious implications for district liability and school governance procedures statewide.
Texas Lt. Gov. Dan Patrick (R) praised the bill’s passage, describing it as one of the most important legislative moments of his career. It reflects a significant change in how Texas will handle civil accountability in cases of sexual abuse in public education.
Parental Rights, DEI Bans, and Expanded Oversight, Senate Bill 12
Senate Bill 12 (SB 12), authored by State Sen. Brandon Creighton (R–Conroe), is a sweeping education reform bill that codifies parental rights, bans Diversity, Equity, and Inclusion (DEI)-related activities in public schools, and expands the state’s authority over local education agencies. The bill declares parental rights as fundamental and constitutionally protected, and requires schools to notify parents about changes in a child’s mental or physical health, criminal incidents, or when uncertified teachers are assigned. It also prohibits school personnel from facilitating gender-related social transitioning (e.g., name/pronoun changes) without explicit parental consent, thanks to an amendment by State Rep. Steve Toth (R-The Woodlands).
The bill bans instruction on sexual orientation and gender identity from Pre-K through 12th grade and prohibits school-sponsored student clubs based on sexual orientation or gender identity without parental opt-in, effectively barring clubs like Gay-Straight Alliances (GSAs) unless parents provide written permission. During House debate, Leach defended the measure as a way to depoliticize extracurricular activities and prevent the “sexualization” of school spaces, while other lawmakers described such clubs as ideological “social engineering.”
SB 12 also imposes sweeping restrictions on DEI-related programming, banning DEI duties in hiring, training, or policy development unless explicitly required by law. Employees who knowingly violate the ban must be terminated, and school boards must publicly certify compliance with DEI and critical race theory prohibitions. The Texas Education Agency (TEA) is granted rulemaking and enforcement authority, including the power to hear parent grievances.
Parents are now entitled to a formal grievance and appeals process that may escalate to the TEA commissioner, with binding decisions issued within 60 days. Districts that lose five or more such cases in a school year must have their superintendent testify before the State Board of Education (SBOE). Carve-outs are included to protect organizations like the Boy Scouts and Girl Scouts and to clarify that contracts with historically underutilized or women-owned businesses are not prohibited.
To increase transparency, the bill requires districts to annually report the size, capacity, and enrollment of each campus and standardize student transfer procedures using public criteria like space availability and discipline records, removing discretion based on “equity” considerations.
Supporters see it as a landmark affirmation of parental control and ideological neutrality in public education. Critics argue it may suppress student expression, chill teacher speech, and entrench a political agenda in curriculum and governance. Regardless, the law represents one of the most expansive shifts in cultural and administrative oversight of Texas public schools in recent history.
Bills That Did Not Make It
Despite strong early momentum, not all education bills made it to the governor’s desk. Notably, major reform efforts targeting standardized testing and additional accountability mechanisms stalled before final passage.
STARR Testing & School Accountability Reform, House Bill 4
One of the most anticipated education reforms that failed to reach the governor’s desk was House Bill 4 (HB 4), authored by State Rep. Brad Buckley (R-Salado), which proposed a comprehensive overhaul of Texas’s public school assessment and accountability framework. HB 4 aimed to reduce the state’s reliance on high-stakes standardized testing and replace it with a more holistic, instructionally supportive model focused on student growth.
The bill would have required the State Board of Education to implement a redesigned assessment system emphasizing instructional alignment, progress monitoring, and innovation in testing tools. It also sought to expand district-level planning and goal-setting, particularly in early literacy and numeracy, and to enhance public transparency through annual performance reports.
HB 4 included additional provisions to improve teacher development, expand access to student assessment data for parents, standardize bilingual reclassification, and refine early education performance metrics. A centerpiece of the bill was the redefinition of accountability indicators to incorporate multiple measures of student growth, moving away from static raw score comparisons.
It also introduced due process procedures for schools to appeal TEA accountability decisions and established a grant program to encourage local accountability innovation.
Despite early bipartisan momentum, HB 4 died in conference committee due to unresolved disagreements over implementation timelines, oversight authority, and the scope of district discretion. Its failure preserves the current STAAR-based model, but the debate is far from over—expect a renewed push in the 90th session.
Library Access Restrictions for Minors, House Bill 3225
House Bill 3225 (HB 3225), filed by State Rep. Daniel Alders (R-Tyler), would have created Chapter 310 of the Local Government Code to regulate minors’ access to sexually explicit materials in municipal public libraries. The bill prohibited libraries from including such materials, defined broadly to encompass written, visual, or audio depictions of sexual conduct, in collections labeled or curated for minors. Libraries would have been required to implement age verification systems and restrict access to these materials without parental consent.
The Texas State Library and Archives Commission (TSLAC) would have been responsible for issuing review guidelines and a public petition process. Libraries would have been required to evaluate challenged materials within 10 days and relocate or remove noncompliant items within 45 days. Annual compliance certification would have been tied to eligibility for state library grants, and noncompliance could result in civil penalties of up to $10,000 per violation, enforceable by the Attorney General. The bill explicitly exempted religious materials and applied only to municipal libraries, not school or university libraries.
A Committee Substitute version of the bill expanded the definition of “sexually explicit” content, removed TSLAC’s enforcement authority in favor of the Attorney General, and adjusted deadlines for implementation. It also refined the civil enforcement mechanisms and removed the threat of cutting off broader public funds, instead limiting penalties to grant ineligibility.
Supporters framed the bill as a continuation of Texas’s broader efforts to restrict sexually explicit materials in publicly funded spaces, following similar legislation targeting online retailers (HB 1181) and school libraries (HB 900). Critics argued the bill’s definitions were vague and risked overreach or censorship. Although HB 3225 ultimately failed, the issue remains politically potent heading into the next session.
Political Takeaways/Trends
The education fight dominated the 89th session and reshaped the political landscape. Governor Abbott’s successful campaign to unseat anti-ESA Republicans reshuffled the House, delivering him a working majority on school choice. The passage of SB 2 represents both a personal victory for Abbott and a turning point in the long-running battle over school choice in Texas.
At the same time, the Legislature neutered the impact of ESAs with a historic public school funding package in HB 2, both to address alleged resource needs and to placate rural and urban lawmakers concerned about losing state support. The result is a political compromise that delivered on choice and funding without fully satisfying either camp.
The Legislature also continued its trend of advancing cultural and classroom governance issues, signaling that education policy in Texas is as much about values and ideology as it is about funding and outcomes.
Conclusion
In the 89th session, Texas lawmakers passed transformative education legislation, but not without resistance, compromise, and political fallout. With SB 2, the state took its biggest step yet toward school choice. With HB 2, it answered critics who feared defunding public schools. And with a raft of classroom-focused bills, it reshaped the daily experience of teachers and students.
Still, the session left many unfinished fights, especially around standardized testing, curriculum transparency, and broader school finance reform. As the next session approaches, expect those issues to resurface amid a political climate that shows no sign of cooling down.
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