Texas ESA Final Rules Published - What Microschools Need to Know

Finalized rules for the Texas Education Freedom Accounts program were published by the state comptroller yesterday, and are available online here.

Significant clarifications included that private schools holding accreditation by a state-sanctioned organization may participate if they have operated any campus for at least two years, whether or not that campus is within the state of Texas. The final rules clarify that a private school may operate multiple campuses without needed to qualify each individually, and that online schools must have an
established physical administrative location in Texas, and meet all accreditation requirements. The rules decline to offer program eligibility for private schools with "pre-accreditation" status.

Private schools must submit proof of annual administration of an assessment instrument to participating children in grades 3 through 12.

The program will provide approximately $10,800 for students to attend program-approved private schools. Homeschooled students will be eligible to receive $2,000. All Texas students are eligible to apply, whether currently enrolled in private or public school, or if they are homeschooled.

Children with special needs have priority access to the program, and are eligible for additional funding as high as $30,000, provided they have an IEP issued by a public school district or charter school. This excellent summary of the process for obtaining an IEP, from the Texas Catholic Conference of Bishops – public schools must respond to parents’ requests within 15 days, 45 days to complete an evaluation, and then produce the IEP within 30 days from that point.

In the likely event (at some point in the not-too-distant future) that program demand exceeds the $1 billion funded, in addition to children with disabilities, program priority will go to siblings of children already in the TEFA program, and those from low-income households, as determined by their family’s adjusted gross income. 

Eligible private schools and other education vendors will be invited to join the program on December 9, with an open vendor application following shortly after. Online applications for Texas families will open on February 4, 2026.

The final rules also clarified that participating students who remain in good standing will not need to reapply each year.

The state comptroller will continue to release guidance materials and instructions over the coming weeks.