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Acting Texas Comptroller Kelly Hancock is asking the Texas Attorney General’s Office whether certain schools can be excluded from Texas’ new school voucher program based on connections to a U.S. Muslim advocacy group or alleged ties to the Chinese government.
In a request for opinion filed to state Attorney General Ken Paxton’s office on Dec. 12, Hancock asked whether schools could be excluded from the program if they were linked to a “foreign terrorist organization” or a “foreign adversary.” Hancock suggested schools that had hosted events for the Council on American-Islamic Relations, a Muslim civil rights group which Gov. Greg Abbott recently designated as a terrorist organization, would be affected.
CAIR is suing Abbott over the terrorist designation, claiming it was defamatory and not based in law.
Hancock also alleged that one school in the state was owned or controlled by a group connected to an adviser for the Chinese government, which he wrote “appear to implicate newly enacted laws restricting property ownership, control, and financial influence by foreign adversary entities in Texas.” Senate Bill 17, which went into effect on Sept. 1, bans governments, companies and individuals who legally reside in China, Russia, Iran and North Korea from owning land and properties in the state.
Hancock said in a statement that the request came after “credible concerns” were raised about the affiliation of some pre-approved providers for the voucher program, and so legal guidance was requested. The Houston Chronicle first reported Hancock’s request.
“This request does not prejudge any institution or presume any outcome,” Hancock said. “It simply reflects our obligation to safeguard personal data from foreign adversaries and ensure that no public funds are used, directly or indirectly, in a manner that conflicts with Texas law or undermines the security interests of our state.”
Hancock did not indicate in his request or statement which schools or how many could potentially be affected by the determination from Paxton’s office. Attorney General opinions are not legally binding, but are used as guidance for state agencies as they operate.
A spokesperson for CAIR Texas said in a statement 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 that any part of Senate Bill 2, which created the new voucher program, or “other relevant laws” authorized excluding schools from the program.
“Hosting civil rights education for students is lawful. So is teaching students about their rights under the U.S. and Texas Constitutions,” a spokesperson with CAIR Texas said. “Any attempt to penalize schools for learning about their civil rights from an organization Greg Abbott happens to dislike would raise serious First Amendment concerns.”
About 600 Texas private schools and 200 vendors have already applied for the state’s new voucher program in the 10 days since applications opened, according to the Comptroller’s office. The applications are accepted on a rolling basis. The creation of the voucher program was long sought after by Abbott, and rules for the vouchers were approved in late November. Applications for Texas families open Feb. 4.
Abbott’s designation of CAIR as a foreign terrorist organization is part of an uptick in Texas politicians’ criticisms of Islam and the presence of Muslim organizations in the state. The increase was in part sparked by several investigations earlier this year into the East Plano Islamic Center’s “EPIC City” development in North Texas.
Disclosure: The Texas Comptroller of Public Accounts has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
