Texas Attorney General Ken Paxton has stated that the state comptroller has the authority to exclude private educational institutions from the newly implemented voucher program if they are found to be in violation of laws prohibiting support for foreign terrorist organizations or regulations governing certain foreign ownership.
This opinion was issued in response to a query from Acting Comptroller Kelly Hancock, who sought clarification on whether schools that had previously hosted events with the Council on American-Islamic Relations (CAIR) or were alleged to have connections with the Chinese government could be barred from participating in the program.
Paxton emphasized that his office would not determine which schools should be excluded, placing the responsibility on the comptroller to investigate and assess the eligibility of these institutions.
While opinions issued by the attorney general are not legally binding, they serve as advisory guidance for state agencies.
In his request for clarification, Hancock noted that CAIR described the events they organized as “Know Your Rights” sessions aimed at educating students about their civil rights. CAIR argued that excluding schools based on their association with such events could infringe upon First Amendment rights.
In November, Governor Greg Abbott designated CAIR as a terrorist organization, a classification the civil rights group is contesting in court, claiming it is defamatory and lacks legal justification.
Abbott’s declaration has already influenced at least one school district in North Texas to terminate discussions about hosting an event organized by a Muslim group, despite the organizers disputing any connection to CAIR.
The comptroller’s office has not disclosed any specific schools undergoing evaluation and did not respond to inquiries regarding how many may ultimately face exclusion from the voucher program.
In a statement, Hancock asserted that the opinion “clarifies that Texans will not allow taxpayer funds to be diverted to bad actors,” emphasizing his commitment to maintaining the integrity of the program.
Edward Ahmed Mitchell, the national deputy director of CAIR, criticized the attorney general’s opinion, stating, “Ken Paxton might have a future as an NFL punter. Instead of addressing the straightforward question posed by Comptroller Hancock, the attorney general has issued a confusing, evasive letter that shifts the responsibility back to Mr. Hancock.”
Mitchell further asserted, “Nothing in the law allows Mr. Hancock to scrutinize private Muslim schools based solely on their religious identity, nor can he penalize them for previously hosting educational lectures from a civil rights organization that Governor Abbott disapproves of.”
In a correspondence to the comptroller on Thursday, CAIR warned that excluding or delaying the approval of Islamic schools from the program due to their association with CAIR events would constitute religious discrimination.
The voucher program was approved by lawmakers last year after years of unsuccessful attempts and significant political contention.
Families will be able to start applying for the voucher program on February 4.
