The Lone Star State: Overall B+
Texas made a massive move in 2025. The state launched the largest day-one ESA in American history and codified homeschool protections into law. The remaining gap, however, is that microschools face local zoning barriers the state hasn’t addressed.
Microschools — C+
These are small independent schools, usually around 15 students. Most are started by teachers from public and private schools.
- No state licensing, no facility permits, no TEA oversight
- No state-level microschool definition exists
- Local zoning is the real barrier. Suburban cities prohibit educational use in residential zones
- Can register as approved TEFA providers and access $10,474 per student
Improvements
In 2021, Texas passed the Learning Pod Protection Act exempting parent-organized, tuition-based learning groups from local zoning laws and building codes. On paper, this looks like a win for microschools. In practice, cities have still shut down home-based schools using residential zoning enforcement. Texas needs to clarify this law to explicitly cover microschools or create a microschool-specific zoning and building code law that gives founders a clear legal path to open.
School Choice Policy — B+
School choice policies are a wide range of laws that influence charter schools, open enrollment in public schools, and private school tuition. One of the newer policies are education spending accounts that allow for things like private school tuition and include things like curriculum and a la carte/ one-off classes.
- Texas Education Freedom Accounts (TEFA) launched with $1 billion for 2026-27. Largest day-one ESA in the nation.
- Private school: $10,474/year. Disabilities: up to $30,000. Homeschool: $2,000.
- 96,000 students received awards in the first round
- 274,183 students applied.
- Students in good standing auto-continue each year
Improvements
- Close the funding gap for the TEFA
Homeschooling — A
Homeschooling today includes co-ops, online courses, and specialized classes. Families blend approaches.
- No notification, no testing, no attendance tracking, no teacher qualifications, five required subjects only
- Homeschool Freedom Act (HB 2674) prohibits any state agency from creating new homeschool regulations
- SB 401 flipped extracurricular access to opt-out by default
Improvements
- Require all districts to allow extracurricular access with no opt-out
Extra Credit: Homeschool College Admission Fix
Texas fixed a formula requiring homeschoolers to score in the top 1% on the SAT for automatic university admission. It now uses median scores and secures state financial aid eligibility. This puts homeschoolers and equal footing with traditional students.
Helpful Links for Parents
- Texas Education Freedom Accounts
- Texas Homeschool Coalition
- Homeschool Extracurricular Access Resources
This is part of a series where we review and rate education access in every state in the country. Get more information here.
Author: Jon England is the Senior Education Policy Analyst at Libertas Institute. He is a fourteen-year veteran of public schools. He taught both fifth and sixth grades, receiving Weber District’s E+ Team Award. He proudly homeschools his children with his wife.
Jon received his bachelor’s degree in elementary education from the University of Utah and a master’s degree in educational leadership from Western Governors University. He spent time in the Marine Corps and separated as a sergeant in 2006.
During his time in public schools, Jon increasingly understood the importance of parental empowerment in education. This increased understanding led him to join Libertas to provide educational freedom for families. Jon enjoys spending time with his wife and five children traveling, skiing, and playing games.
Published: June, 2026