Texas has approved at least four Islamic schools to enroll in the state’s $1 billion private school voucher program just days after a federal judge ordered an extension of the application deadline.
Before the restraining order was issued, not a single Islamic school was granted access to the taxpayer-financed vouchers as Texas Republicans promoted a rash of Islamophobic rhetoric and policy decisions.
But two lawsuits filed against state officials by parents and schools this month prompted U.S. District Judge Alfred Bennett in Houston to order the March 31 extension and to question why Islamic institutions were excluded.
The litigation requested the court stop the program from discriminating based on religion. Bennett set a hearing date for April 24 and directed the state to consider applications filed by Islamic schools.
According to the Houston Chronicle, the state responded so far by admitting at least four Islamic schools to the program, including Brighter Horizons Academy in Garland, Excellence Academy near Dallas, the Houston Quran Academy in Katy, and Bayaan Academy, a virtual school based in Maryland but with Texas headquarters in Galveston County.
Maha Ghyas
“The court’s ruling affirms a basic constitutional principle: The government cannot exclude families and schools from public benefits simply because of their faith,” said co-counsel Maha Ghyas of Wright, Close, Barger and Guzman, one of the law firms representing the plaintiffs.
“It’s a big relief,” said Ehsan Sayed, a board member for Horizons Academy in Garland, in a CBS News report. “We were excited about the vouchers program when it was first even mentioned, years ago, by the governor, because it would really give our parents and families an opportunity to help with their private education.”
The controversy began when Texas Acting Comptroller Kelly Hancock, who oversees the Texas Education Freedom Account program, denied Islamic schools from participating in the voucher system because he said they are connected to global terrorist organizations.
That claim stemmed from Gov. Greg Abbott’s designation of the Council on American-Islamic Relations as a terrorist group, which resulted in a lawsuit from CAIR. Islamic schools accredited by Cognia were affected because the nonprofit organization has hosted events organized by CAIR, Hancock said.
Alfred Bennett
But Bennett said during a hearing he was “troubled” that not a single Islamic school had been admitted to the program, while more than 2,000 other schools had been accepted — including some accredited by Cognia.
The state’s explanation for excluding Muslim families and Islamic schools from the voucher program fell to pieces when scrutinized during a hearing on the deadline extension, the law firm said.
“Although the state initially claimed that Islamic schools were excluded due to issues with one particular accrediting organization, in court the state conceded that several hundred other schools accredited by that same organization were approved for participation. The state further conceded that there was no evidence linking the plaintiff Islamic schools to any terrorist organization, undercutting prior insinuations made by state officials.”
Eric Hudson
Bennett also determined the state caused “immediate and irreparable harm” by denying Islamic schools and Muslim families access to the voucher program.
“The court recognized that the state cannot continue to impose unequal barriers during the active application period,” said lead counsel Eric Hudson of Arambula Terrazas. “Parents have a fundamental right to direct their children’s education, and the state cannot condition access to a public benefit on religious identity.”
The state’s exclusion of Muslims from the voucher program raises many other constitutional issues, CAIR-Texas added.
“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.”
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