Key Takeaways
- Acting Texas Comptroller Kelly Hancock has requested an opinion from the Texas Attorney General’s Office on whether schools can be excluded from the state’s new school voucher program due to connections to a U.S. Muslim advocacy group or alleged ties to the Chinese government.
- Hancock’s request specifically mentions schools that have hosted events for the Council on American-Islamic Relations (CAIR), which was recently designated as a terrorist organization by Governor Greg Abbott.
- The request also mentions a school allegedly owned or controlled by a group connected to an adviser for the Chinese government, which could be affected by newly enacted laws restricting property ownership and control by foreign adversary entities in Texas.
- The determination from the Attorney General’s Office could potentially affect the eligibility of certain schools to participate in the voucher program, which has already seen around 600 private schools and 200 vendors apply in the 10 days since applications opened.
Introduction to the Voucher Program and CAIR Controversy
The Texas school voucher program has been a topic of discussion in recent months, with the program’s creation being a long-sought goal of Governor Greg Abbott. The program allows for the allocation of public funds to be used for private education, and rules for the vouchers were approved in late November. However, the program has been embroiled in controversy, particularly with regards to the involvement of certain organizations, such as the Council on American-Islamic Relations (CAIR). CAIR is a Muslim civil rights group that was recently designated as a terrorist organization by Governor Abbott, a move that the group is currently suing over, claiming it was defamatory and not based in law.
Hancock’s Request for Opinion
Acting Texas Comptroller Kelly Hancock has requested an opinion from the Texas Attorney General’s Office on whether schools can be excluded from the voucher program due to connections to CAIR or alleged ties to the Chinese government. Hancock’s request specifically mentions schools that have hosted events for CAIR, which he suggests could be affected by the program. The request also mentions a school allegedly owned or controlled by a group connected to an adviser for the Chinese government, which could be affected by newly enacted laws restricting property ownership and control by foreign adversary entities in Texas. Hancock stated that the request came after "credible concerns" were raised about the affiliation of some pre-approved providers for the voucher program, and that the request was necessary to ensure that no public funds are used in a manner that conflicts with Texas law or undermines the security interests of the state.
CAIR’s Response and First Amendment Concerns
CAIR Texas has responded to Hancock’s request, stating that the events hosted at the schools were "Know Your Rights" events designed to inform students about state and federal civil rights and protections. The group challenged the idea that any part of the voucher program or other relevant laws authorized excluding schools from the program due to their affiliation with CAIR. A spokesperson for CAIR Texas noted that hosting civil rights education for students is lawful, and that teaching students about their rights under the U.S. and Texas Constitutions is also protected. The spokesperson also raised concerns about the potential for First Amendment violations, stating that any attempt to penalize schools for learning about their civil rights from an organization that Governor Abbott happens to dislike would raise serious concerns.
Implications and Next Steps
The determination from the Attorney General’s Office could potentially affect the eligibility of certain schools to participate in the voucher program. While Attorney General opinions are not legally binding, they are used as guidance for state agencies as they operate. As such, the opinion could have significant implications for the program and the schools that are participating in it. With around 600 private schools and 200 vendors having already applied for the program in the 10 days since applications opened, the decision could impact a significant number of institutions. The Comptroller’s office has stated that applications are accepted on a rolling basis, and that applications for Texas families will open on February 4.
Conclusion and Context
The controversy surrounding the voucher program and CAIR is part of a larger trend of increased criticism of Islam and Muslim organizations in Texas. The increase in criticism has been sparked in part by several investigations earlier this year into the East Plano Islamic Center’s "EPIC City" development in North Texas. The situation highlights the complex and often contentious nature of issues surrounding education, religion, and national security. As the situation continues to unfold, it will be important to consider the potential implications of the Attorney General’s opinion and the impact it could have on the voucher program, as well as the broader context of the controversy and its potential effects on the state’s Muslim community.
