These are "tax credit scholarship programs" and it seems to be the term used instead of "school voucher." Does the tax credit divert public funds in a manner prevented buy the House Amendment? That seem to be the debate right now:
During debate on the floor, Herrero emphasized that he intended for his measure to outlaw tax credit scholarship programs, as he said in an exchange with state Rep. Chris Turner, D-Arlington.
"So a tax scholarship, or whatever you want to call it, is still public funds being diverted to a non-public school? And your amendment would seek to make sure that will not happen?" Turner asked.
"That's exactly right," Herrero said.
One of the scholarship bills up for debate, Senate Bill 23, by Dan Patrick, R-Houston, does not involve funds that would go to the Texas Education Agency. It allows businesses to apply for up to 15 percent back on their state taxes in exchange for donations to a scholarship program to help economically disadvantaged and at-risk students attend private school.
Another proposal, SB 1575, by Sen. Donna Campbell, R-New Braunfels, takes a different approach. It would reimburse parents for a portion of the state’s cost to educate their children so they could be enrolled in private schools. That money would come from TEA funds and requires the state's comptroller and education commissioner to implement the program.
The same is true for a third bill, SB 115, which would provide vouchers for special education students. That measure, already heard by the committee, is still pending.
DeEtta Culbertson, a spokeswoman with the Texas Education Agency, said the agency doesn't yet know if Herrero's amendment would affect such tax credit legislation because it "did not target a specific bill."
"If a voucher bill doesn't pass, then it would be moot, but if it does they would have to go back and specify,” she said.
Opponents of tax credit scholarship programs say that whichever form they take, they fit squarely within the definition of a voucher: It is a use of public money, or what would otherwise be public money, to send students to private schools. In an interview on Friday, Herrero said that his colleagues understood they were voting in favor of an “all encompassing” ban.
“The concept of diverting funds to private schools was rejected last night,” he said. “People asked me on the floor and I made that clear over and over again, that it would prohibit any diversion of funds that would otherwise go to our public schools."
If I understand the debate correctly, the tax credits might not divert public funds because they are applied prior to the collection of the tax, not after the tax is collected. So I suppose this gets into questions over the definition of "diversion." Sounds like this is set up for a court case. The longer term strategy of voucher proponents is coming clear (if I'm thinking about this correctly).
Some background:
- Tax credit scholarships ignite voucher debate.
- Public money finds backdoor to private schools.
