A federal judge on Tuesday ordered the extension of the application deadline for Texas' school voucher program because of the state's exclusion of Islamic schools.
A federal judge on Tuesday ordered the extension of the application deadline for Texas' school voucher program because of the state's exclusion of Islamic schools.U.S. District Judge Alfred Bennett ordered the state to extend the deadline until March 31 after four Muslim parents and three Islamic private schools sued the comptroller's office earlier this month, claiming the state was discriminating against their religion by excluding them from the program.
Under the order, two schools named in the lawsuit, Excellence Academy and Houston Quran Academy- Katy must be sent applications for approval within 24 hours.Eric Hudson, an attorney representing Bayaan Academy, said the judge's order is "an initial step, but an important one.""We are pleased that the Court recognized what this case has been about from the beginning: the State cannot exclude families and schools from a public program based on religion," Hudson said. "The temporary restraining order ensures that Muslim families are not forced to navigate a distorted application process while their schools are sidelined."Acting Comptroller Kelly Hancock had previously asked for an opinion on excluding schools from the program and who had that authority. Hancock's question specifically asked if schools that had hosted events for the Council on American-Islamic Relations could be banned from the program.Gov. Greg Abbott designated CAIR as a terrorist organization in November. The group has since filed a lawsuit claiming the proclamation is based on "defamatory" and "provably false statements."Democratic lawmakers have accused the comptroller of using this justification to issue a blanket ban on Islamic schools in the program.On Tuesday, CAIR applauded the decision."We welcome the court’s decision to extend the application deadline and recognize the serious concerns raised about the exclusion of Islamic schools from Texas’ voucher program. All families, regardless of their faith, deserve equal access to educational opportunities supported by public programs," CAIR said in a statement. "The lack of approved Islamic schools raises important questions about whether the program is being implemented in a fair, inclusive and nondiscriminatory manner. We urge state officials to take immediate steps to ensure that faith-based schools, including Islamic institutions, are given a fair opportunity to participate."A hearing for a permanent injunction is set for April 24.The comptroller's office has not yet responded to a request for comment.Prior to the judge's ruling, applications for the TEFA program were set to close at 11:59 p.m. Tuesday.The Comptroller's Office said more than 200,000 students were signed up for the program as of Monday.The program was created by the Texas Legislature in 2025 and funded with $1 billion in its inaugural year. The current number of applicants is more than double the available spots, as it is expected to serve only up to 90,000 students.The Texas Education Freedom Accounts program allows eligible families to use state education funds for approved expenses such as private school tuition, tutoring, textbooks, transportation and certain therapies. Funds are placed in state-managed education savings accounts, and parents’ direct payments to participating schools or approved vendors.More than 2,200 schools have signed up to participate so far, according to the comptroller’s office. Families do not have to select a school when submitting an application and will have until July 15 to confirm their school choices.The application process is not first-come, first-served, meaning families who apply before the deadline will receive equal consideration regardless of when they submit their applications.Data released by the comptroller’s office shows the majority of applicants are seeking to attend private schools, with 78% indicating private school enrollment for the 2026–27 school year, while 22% listed homeschooling or other options.The income breakdown of applicants ranges with about 35% of applicants reporting household income at or below 200% of the federal poverty level. 37% of applicants falling between 200% and 500% of the federal poverty level, and 28% reported income above 500% of the federal poverty level. Applications cover students across all grade levels, with the largest number coming from early grades. Prekindergarten accounts for about 25,800 applications and kindergarten more than 19,000, while each elementary grade level has roughly 15,000 applications.
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