HOUSTON – A judge ruled Tuesday to extend the application deadline for the Texas school voucher program after four Muslim parents and three private schools sued Texas leaders, alleging Islamic private schools were excluded from participating in the state’s program.
The two federal lawsuits ask the court to block the voucher program from discriminating on the basis of religion.
The first lawsuit, filed March 1 by a parent on behalf of two children who attend a Houston private school, names Texas Attorney General Ken Paxton, Acting Comptroller Kelly Hancock and Education Commissioner Mike Morath as defendants.
A second lawsuit, filed March 11 by three parents and three schools, names Hancock and Mary Katherine Stout, the education savings account program manager, as defendants.
Tuesday, March 17, was supposed to be the final day for families to apply for the state’s new school voucher program. However, a federal judge granted a temporary restraining order allowing parents to submit applications until March 31.
The judge also ordered the comptroller’s office to allow Islamic schools to submit applications for the Texas Education Freedom Accounts program.
Cherkaoui says the issue goes beyond denial, claiming many Islamic schools were never given access to apply in the first place.
“We found out that a lot of the schools, perhaps all of them, never received the opportunity to even apply,” Cherkaoui said. “They technically qualify under the Texas Education Code, but they were never sent a link to be invited to apply.”
Cherkaoui says that lack of access appears widespread.
“None of the presumed 30 Islamic private schools in Texas have been given the opportunity to apply or have been added to the list of approved schools,” he said. “The comptroller’s office says more than 2,200 institutions have been approved, none of them are Islamic schools.”
He says he first became aware of the issue after applying for his own children.
“When I submitted an application for my children to receive these funds, just like any other parent, whether they’re Christian, Jewish, or of any faith, I found out my school had been excluded,” Cherkaoui said. “When I spoke with the principal and other parents, we all heard the same thing, Islamic schools in Houston, Dallas, San Antonio, and Austin were not even allowed to apply, much less approved.”
The state has previously indicated it was reviewing Islamic schools for potential connections to the Council on American-Islamic Relations (CAIR), after Greg Abbott labeled the group an extremist organization.
CAIR has filed a lawsuit against Abbot for the designation.
Cherkaoui pushed back on that reasoning.
“As a parent, I don’t believe there’s any connection to CAIR with my children’s school,” he said. “If there is an investigation into any school, make it public. But to be zero for 30 when it comes to Islamic schools, that suggests a targeted effort to exclude them based on religion.”
Cherkaoui also argued that the lack of any approved Islamic schools was telling in court.
“To the best of my knowledge, none have been approved and if they had been, the state would have presented that before the judge,” he said.
According to the Texas Comptroller’s Office, more than 200,000 students have applied, making it one of the largest school choice launches in the country.
Under the program, selected students could receive about $10,000 per year for private school tuition, while homeschool students may receive smaller amounts for educational expenses.
Funding decisions are expected to be announced starting in early April.
To apply, visit the Texas Education Freedom Program website.
The State’s Response
Acting Texas Comptroller Kelly Hancock announced today that applications for the Texas Education Freedom Accounts (TEFA) program will be extended through 11:59 p.m. CT, March 31.
The extension satisfies a federal court order issued by Judge Alfred H. Bennett of the Southern District of Texas.
Parents may submit new applications before the extended deadline. Those who have already submitted their applications may also log in to the Odyssey platform to update their child’s information.
“This two-week extension will give families an additional opportunity to apply for the first year of school choice in Texas,” Hancock said. “We look forward to building on the record-setting demand for educational options that we have seen over the first six weeks.”
So far, more than 229,000 students have applied, and 2,200 schools have signed up to participate. Families do not have to select a school when they submit their application, and more schools are joining the program daily. The program is not first come, first served, so all families will be considered on a level playing field within each priority tier, regardless of when their application is submitted.
The Texas Tribune contributed to this article.