On Saturday, May 3, Texas Gov. Greg Abbott signed Senate Bill 2 into law at the Governor’s Mansion in Austin. This legislation, hailed as the largest initial launch of school choice in the nation, establishes a comprehensive Education Savings Account (ESA) program set to launch in the 2026-2027 school year. The signing ceremony, attended by hundreds of parents, students, educators, and school choice advocates, affirmed the significance of this achievement for Texas families and the broader school choice movement.
Outside the mansion’s white walls, however, a few left-wing protesters blew whistles — they were powerless to stop at that moment what they had prevented for 36 years.
The school choice victory took decades. Success is owed to a spectrum of Texans, from minority parents concerned about their children’s education, to the Catholic church and its extensive network of schools, to the Texas Public Policy Foundation (TPPF), a conservative think tank (and my employer), to steadfast legislators, and, of course, the energetic leadership of Gov. Abbott. TPPF’s mission has long included bringing school choice to Texas, particularly to offer parents of students in low-performing public schools the option to send their children to better institutions, free from the constraints of their zip code.
One of TPPF’s founders and chairman emeritus, Dr. James Leininger, played a crucial role in early advocacy. In the late 1990s, he personally funded a voucher program through the Children’s Educational Opportunity Foundation, providing tuition for poor students in the Edgewood Independent School District to attend private or parochial schools. This program, financed with $50 million over 10 years, offered vouchers of up to $4,000 annually and demonstrated the capacity of minority students from poor families to perform at high levels academically.
For his trouble, Dr. Leininger told me hours before Abbott’s historic signing that the National Education Association put him on a “most wanted” list of government education enemies in the mid-1990s. An early form of doxing, the list included his address, his work, his wife’s name, and other details. Leininger was already a successful medical device inventor and businessman by then, but he imagined that this sort of intimidation campaign could be devastating for a person without the means to defend themselves. The teachers unions played for keeps.
Despite the success of Dr. Leininger’s scholarship program, many lawmakers remained unmoved. Democrats, even in areas with failing public schools, with rare exceptions, backed the teachers unions, which fiercely opposed school choice. Rural Republicans, skeptical of the impact on their local schools, believed their districts were adequate and feared being left out due to low student numbers. This skepticism was fueled by the structure of Texas, with more than 1,200 school districts, many of which are the largest employers in rural counties, with superintendents often being the highest-paid individuals locally.
Political Dynamics and Opposition
The political landscape was further complicated by crossover voting in Republican primaries, where Democratic-aligned groups, including teachers unions and figures like Charles Butt, CEO of the H-E-B grocery chain, backed anti-school choice Republicans. This strategy was evident in the 2005 legislative session under Speaker Tom Craddick, when a school choice bill was torpedoed by a dozen Republicans breaking ranks, including Fort Worth Republican Charlie Geren, who has consistently opposed such measures.
Along with Dr. Leininger, another key figure, Kent Grusendorf, R-Arlington, then-House Public Education Committee Chair and a leader in the 2005 effort, was present at the May 3 signing ceremony. His school choice advocacy cost him politically; he was defeated in the March 2006 Republican primary, due to union-backed opposition.
The momentum for school choice waned after 2008, when Republicans nearly lost the Texas House, emerging from the election with a razor-thin majority of 76 to 74. Moderate Republicans, including Geren, teamed up with Democrats and ousted Speaker Craddick. It took 16 years for a conservative, pro-school choice speaker to gain majority support, with Lt. Gov. Dan Patrick, in office since 2015, repeatedly sending school choice bills to the House, only to see them defeated.
Recent Developments and Legislative Success
The turning point came with Abbott’s resolute push for school choice. After the 2023 legislative session failed to pass the bill, Abbott called four special sessions to force the issue. He warned recalcitrant Republicans that he’d come after them. On the eve of his call for a third special session, Abbott warned uncooperative Republicans in the House, “If we don’t (pass a school choice bill during the special session) then I think it’s time to send this to the voters themselves to vote in the primaries. We will have everything teed up in a way where we will be giving voters in a primary a choice. They can choose someone who supports school choice or they can support someone who is against school choice. There’s an easy way to get it done and a hard way to get it done.”
Abbott followed through, investing $8.8 million in campaign cash out of $24.5 million in overall spending during the 2024 primaries as well as his personal credibility to target the 21 anti-school choice Republicans. The effort worked — five Republicans prudently retired while another 11 were defeated in primaries. Then-Speaker Dade Phelan was forced to a run-off that he barely won, dooming his effort to return as speaker. Phelan isn’t running for reelection.
Key Role of Mandy Drogin
Throughout this journey, TPPF’s Mandy Drogin, campaign director for Next Generation Texas, played a pivotal role. Drogin tirelessly encouraged lawmakers, parents across Texas, and grassroots groups to support parental empowerment, even leading rallies across the state in the districts of reluctant Republican House members. These rallies, energized by Abbott’s presence, were instrumental in building public and legislative support, showcasing the grassroots momentum behind the bill. At one Texas rally, Abbott even remarked that Drogin was a “secret weapon” for school choice and parent empowerment.
Abbott’s all-in push paved the way for the election of House Speaker Dustin Burrows in January 2025, who, along with Rep. Brad Buckley, appointed as chairman of the Committee on Public Education, provided the leadership needed to advance SB 2 in the House.
The bill’s passage was a historic milestone, with the Texas House approving it on an 86-61 vote, crossing a barrier that had stood for decades. The Texas Senate quickly concurred.
SB 2 establishes an ESA program administered by the Texas Comptroller’s Office, with certified educational assistance organizations handling applications and payments. The new law provides up to $10,000 annually per child, with higher amounts for disabled students, funded through general revenue. Funds are allowed for tuition, textbooks, tutoring, transportation, educational therapies, etc., excluding out-of-state tuition.
This program, with an initial $1 billion allocation for the first two years, is designed to empower parents by offering flexibility and choice, making it the largest initial launch of school launch in the nation.
After signing the bill, Abbott remarked, “When I ran for re-election in 2022, I promised Texans that we will bring education freedom to every Texas family. When it comes to education, parents matter, and families deserve the ability to choose the best education opportunities for their children.” Abbott emphasized, “School choice was on the ballot last November, and despite the desperate smears from the teachers unions and their allies, Texans spoke loud and clear in electing a school choice majority. In the Texas legislature, Republicans stood strong all session against a campaign fueled by lies and propaganda and delivered for Texas families. Now, I am proud to declare that school choice is the law of the land in Texas.”
The passage of SB 2 is a victory for parental empowerment, improving educational outcomes by allowing families to tailor education to their children’s needs. The bill’s success is a testament to persistence in pursuit of good public policy.
