89th Legislature Regular Session

HB 2674

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

HB 2674 seeks to formally limit the regulatory authority of Texas public education entities over homeschool programs. Specifically, it amends Chapter 1 of the Texas Education Code to add a new section—Section 1.007—which prohibits the Texas Education Agency (TEA), the State Board of Education (SBOE), and any public educational institution identified in Section 1.001 from making or adopting any rules that would increase regulation over homeschool programs as defined by Section 29.916(a)(1). This would effectively codify into law a longstanding principle that homeschools in Texas operate independently of state oversight, beyond basic requirements already established in statute or case law.

The bill reaffirms Texas’s recognition of homeschools as legitimate private educational settings, thereby strengthening the autonomy of families who choose to educate their children outside of traditional public or private school systems. It reflects a commitment to preserving educational freedom by preventing state agencies from enacting future administrative rules that could place additional burdens or restrictions on homeschoolers.

HB 2674 is designed to take effect with the 2025–2026 school year.

Author
David Cook
Shelley Luther
Terri Leo-Wilson
Bradley Buckley
Helen Kerwin
Co-Author
Charles Cunningham
Hillary Hickland
Andy Hopper
Carrie Isaac
David Lowe
Matt Morgan
Dennis Paul
Ellen Troxclair
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 2674 is expected to have no fiscal impact on the State of Texas. The bill’s directive—to prohibit the Texas Education Agency (TEA), the State Board of Education, or other public education entities from increasing regulation over homeschool programs—does not require the creation of any new administrative processes, systems, or enforcement mechanisms that would necessitate additional state appropriations or staffing adjustments.

Similarly, no fiscal implication is anticipated for units of local government. Since local school districts and other educational institutions are not tasked with enforcing or implementing any new regulatory policies under the bill, they will not incur additional costs as a result of this legislation. The bill is purely restrictive in nature, barring future increases in oversight rather than initiating new state or local responsibilities.

Overall, HB 2674 maintains the status quo in terms of fiscal operations and imposes no new budgetary burdens. It represents a policy shift affirming the independence of homeschool programs without requiring state or local expenditure.

Vote Recommendation Notes

HB 2674 receives a strong recommendation for passage based on its clear support for individual liberty, limited government, and personal responsibility—core liberty principles. The bill codifies existing practices that treat homeschooling as a private educational option exempt from regulation by the Texas Education Agency (TEA). It explicitly prohibits the TEA, the State Board of Education, and other public education institutions from creating rules that would increase regulation over homeschool programs. This restriction reinforces long-standing precedent without requiring new administrative burdens or costs.

The rationale behind the bill, as outlined in the committee's background and purpose, reflects concerns among homeschooling advocates about the risk of future administrative overreach. While the current framework already offers regulatory minimalism, this legislation aims to secure that position in statute, providing assurance to families that their autonomy in educational decisions will be preserved over time. The bill effectively formalizes the TEA’s hands-off approach and ensures that the interpretation cannot easily be reversed through agency rulemaking or bureaucratic reinterpretation.

There are no new criminal offenses, fiscal impacts, or rulemaking powers associated with the bill, making it a clean measure to strengthen civil liberties without unintended consequences. It aligns strongly with the Republican and Libertarian party platforms in Texas, both of which emphasize parental rights and minimal state interference in education. For these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 2674.

  • Individual Liberty: This bill most directly strengthens individual liberty by affirming the rights of parents or guardians to direct their children’s education without interference from the state. Texas law already recognizes homeschoolers as operating private schools, but the bill codifies protections to ensure that no state agency can later reinterpret its authority to impose new oversight or mandates. This preserves educational freedom as a matter of legal right, not just administrative practice.
  • Personal Responsibility: The bill implicitly supports the principle of personal responsibility by affirming that parents are capable of determining and managing the educational needs of their children. By removing the threat of increased regulatory burden, the bill trusts and empowers families to be accountable for their children's learning outcomes without government oversight.
  • Free Enterprise: While the bill does not directly regulate markets, its effect on the education sector supports free enterprise indirectly. The homeschool ecosystem includes curriculum developers, tutors, online academies, and co-ops. By keeping regulatory barriers low, the bill ensures that families can continue to engage freely in a diverse educational marketplace without restrictions that might favor state-approved vendors or centralized curriculum mandates.
  • Private Property Rights: Many homeschool activities take place in the home. By preventing future regulations that could intrude on educational practices, the bill also limits any pathway for government intrusion into private property under the pretext of educational oversight. This offers an indirect but important safeguard for the sanctity of the home as a place of instruction.
  • Limited Government: This is perhaps the bill’s most explicit impact. The bill directly limits the rulemaking authority of the Texas Education Agency, State Board of Education, and other public education entities by barring them from adopting new regulations over homeschoolers. This statutory check reinforces the principle that state power should be confined and predictable, especially when it comes to family and educational autonomy.
Related Legislation
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