Islamic Schools Still Banned From Texas School Choice Program

March 18, 2026 – A federal judge in Houston is drawing attention amid ongoing legal challenges to Texas’ new school choice program, particularly over questions involving religious schools and eligibility rules.

U.S. District Court Judge Alfred Bennett of the Southern District of Texas reportedly described the lack of Islamic schools participating in the state’s Education Freedom Accounts program as “troubling” during recent proceedings.

The program, created to provide state-funded education savings accounts for families seeking alternatives to public schools, has drawn widespread interest. State officials report that more than 200,000 applications have been submitted, despite funding being available for only about half that number of students. The application period closed this week.

At the center of the legal dispute is a provision that bars private schools from participating in the program if they have ties to terrorist organizations or foreign adversaries. Supporters of the rule argue it is necessary to protect national security and ensure public funds are not directed to entities with questionable affiliations.

However, two federal lawsuits currently before Bennett’s court challenge that restriction. Plaintiffs argue the provision could unfairly limit participation by certain religious schools and may violate constitutional protections, including religious freedom and equal access.

The judge’s comments have added another layer to the debate, which sits at the intersection of education policy, national security concerns and religious rights.

The outcome of the cases could have significant implications for how Texas implements its school choice program moving forward, particularly in determining which private institutions are eligible to receive public funds.

For now, the program remains in place as applications are reviewed, but its long-term structure may ultimately depend on how the court rules in the pending lawsuits.