GovOps panel backs rules pathway for Education Freedom Scholarship bill

The House Government Operations Committee voted to give House Bill 6004 a positive recommendation on a roll-call vote, sending the measure to the Finance, Ways and Means Committee after members focused on which state bodies would promulgate rules for the proposed Education Freedom Scholarship program.

Representative Leader Lambert, the bill’s sponsor in this committee, told members the measure assigns much of the rulemaking responsibility to the State Board of Education and clarifies that the state treasurer “is not required to promulgate rules to effectuate the requirements of e 1 e,” though the treasurer “may promulgate rules to effectuate the purposes of the E 1” and, if so, must follow the Uniform Administrative Procedures Act.

Why it matters: The exchanges focused narrowly on which agencies would write procedures that govern private-school participation, student eligibility and testing standards. That determines which bodies — the State Board of Education, the Department of Education or the state treasurer — will write and defend rules, and which oversight processes apply.

Committee discussion and sponsor explanation Representative Lambert described several provisions that shift rulemaking authority to the State Board of Education, citing code sections referenced in the bill (for example, provisions described around 496-3502, 496-3507, 496-3508 and 496-3512 in the sponsor’s remarks). He said the bill requires the State Board to promulgate rules “in accordance with the UAPA compiled in title 4 chapter 5” to implement program sections such as private-school definitions, testing requirements and administrative appeals for denials.

On the question of student testing, Lambert said the bill requires a “nationally normed test” aligned to a private school’s instructional plan but does not compel schools to use any single test: “nothing in these rules that can be promulgated would force a school to utilize the TCAP or in any way coerce them to preference any school that may or may not use the TCAP.” Representative Hardaway pressed whether the department or board would compile the allowable tests and whether schools could choose different tests year to year; Lambert said the Department and the State Board would work together and some rulemaking authority rests with the State Board.

Legal and constitutional safeguards Doug Garrett of the Office of Legal Services told the committee that “any rules that are promulgated require approval by the attorney general.” He said the attorney general reviews promulgated rules for legality and constitutionality and can return proposed rules to the agency for revision if necessary.

Program mechanics and eligibility referenced by the sponsor Lambert reiterated that private schools must be category 1, 2 or 3 as defined in the bill’s language and that students must be lawful residents of the state to participate. He said the program for year one is capped at 20,000 scholarships, with 10,000 reserved for families below specified income thresholds and 10,000 awarded on a first-come, first-served basis; subsequent preference rules and program expansions are governed by provisions in the bill’s text rather than this committee’s rules discussion.

Committee action and vote On a roll-call vote, the committee recorded 17 ayes and 5 noes and gave a positive recommendation; the bill now advances to the Finance, Ways and Means Committee.

Ending Committee members and the sponsor emphasized that final rule text will return to Government Operations for review under the committee’s routine rule-approval process and that the State Board, Department staff and the attorney general will be involved in drafting and clearing rules before they reach the committee.