Hot Off the Presses: Texas Comptroller Releases Proposed ESA Program Rules
- Accessible Education
- Aug 24
- 3 min read
Updated: Nov 10
On August 22, 2025, Acting Texas Comptroller Kelly Hancock announced the release of proposed rules for Texas’s first statewide Education Savings Account (ESA) Program. These are the official guidelines that will determine how the program is run.
At first glance, the rules track closely with what we’ve already shared in our Education Savings Accounts Field Notes Newsletter and YouTube Explainer series, though a few new details stand out.
Because the ink is still fresh, we’ll need a little more time for a full analysis, so stay tuned for our upcoming review.
Here’s the most important point for now: these are still proposed rules. They’re open for public comment, and we’ll outline how you can weigh in below. But first, let’s walk through what’s inside.
Overview of the Proposed Rules
Here’s a quick review of the Texas Administrative Code proposed rules released on Friday:
Education Savings Account Program Rules (34 TAC §§16.401 - 16.410)
The ESA program rules cover several key areas:
Eligibility Requirements:
Child must be able to attend public school or free pre-K
Cannot currently be enrolled in public school or pre-K
Must be U.S. citizen/national or lawfully admitted
Cannot have graduated high school
Special provisions exist for children with disabilities
Funding Structure:
Each participating child receives 85% of estimated statewide average state and local funding per student
Children with disabilities may receive additional funding up to $30,000
Children not enrolled in approved private schools have a $2,000 annual limit
Funds disbursed quarterly in July, October, and April
Approved Expenses: Program funds can be used for:
Tuition and fees at approved schools
Uniforms and textbooks
Public school classes (if not counted for attendance)
Assessment costs
Private tutoring and teaching services
Educational therapies
Transportation
Computer hardware/software (up to 10% of allocation)
Private school meals
Program Administration:
Certified Educational Assistance Organizations (CEAOs) will help administer the program
Education service providers and vendors must apply for approval
Strict oversight and audit requirements
Clear suspension and removal procedures for non-compliance
Important Protections: The rules explicitly state that providers and vendors receiving program money maintain their autonomy and are not considered state actors. State agencies cannot impose requirements that limit religious or institutional values or freedom in curriculum, admissions, or practices.
How to Participate in the Public Comment Process
These proposed rules are now open for public input through a formal 30-day comment period. Here's what you need to know:
Where to Submit Comments: All public comments must be submitted directly to the Comptroller's office
Deadline: Comments must be received or postmarked within 30 days of the proposal's publication in the Texas Register
What Happens Next: After the comment period closes, the Comptroller's office will review all feedback received, make appropriate revisions to the rules, and then move toward final adoption in accordance with state law
Timeline: The goal is to have the program ready for families by the 2026-27 school year, with applications opening in early 2026.
The 30-day comment period is your opportunity to have your voice heard in shaping these important rules. Don't miss this chance to participate in the process that will determine how Texas's first statewide ESA program operates. Have questions about how SB2 might affect your family or educational organization? Contact us, follow us on Facebook, Instagram, or subscribe to our newsletter for the latest updates and insights.
The ESA program represents a significant shift in Texas education. Our goal is to help families and educators make informed decisions with accurate, up-to-date information as this program develops and details continue to emerge from state officials.
