How much further can Texas push religion into public schools?

Jul 31
4 min read

Just when it seemed Texas lawmakers had exhausted every possible way to insert religion into public education, Lieutenant Gov. Dan Patrick is asking them to find more.

In a new set of interim legislative charges released on Monday, Patrick directed the Senate Committee on Religious Liberty to examine whether Texas needs additional legal protections for religious practice, identify new ways to educate Texans about religious liberty in schools, workplaces, government offices and health care settings, and monitor the implementation of a law expanding religious instruction during the public school day.

Interim charges give Senate committees their agenda between legislative sessions and often provide an early preview of the bills lawmakers may pursue when they return to Austin. Patrick’s latest directive therefore raises an obvious question for public school educators and families: After the Ten Commandments mandate, school prayer votes, Bible-infused curriculum and off-campus religious instruction, how much further can the state possibly go?

The committee was only created last year, but Patrick’s charges make clear that he doesn’t view the Legislature’s recent religion-focused agenda to be complete. He has asked senators to determine whether “additional protections” are needed and to recommend legislation that could “improve, enhance, or complete” implementation of existing laws. The language is broad enough to open the door to another round of proposals involving public schools, even though students and employees already possess extensive constitutional protections allowing voluntary religious expression.

That distinction matters as protecting the right of an individual student to pray isn’t the same thing as directing public institutions to display religious texts, adopt devotional periods or rearrange the school day around private religious instruction. Texas leaders increasingly treat those very different actions as though they are interchangeable.

The state’s recent record shows how quickly that approach has expanded:

Mandatory Ten Commandments displays: Senate Bill (SB) 10 requires public schools to display a donated copy of the Ten Commandments in every classroom. After a federal trial court blocked enforcement in several districts, the Fifth Circuit ruled in April that Texas could enforce the mandate, clearing the way for the state to continue requiring a specific religious text on classroom walls.
Mandatory school board votes on prayer periods: Under SB 11, every Texas school board had to vote on whether to establish a daily period for prayer and reading the Bible or another religious text. Although participation is described as voluntary, the Legislature still required each local district to formally consider whether religious activity should become part of the school schedule. Most districts ultimately rejected the proposal, because students already had the right to pray and administrators saw no need to create a new state-designed process.
School chaplains: In the 88^th Legislature, SB 763 authorized school districts to employ or accept volunteer chaplains to provide support, services, and programs for students, even though chaplains aren’t required to hold State Board for Educator Certification credentials. The law also required every school board in Texas to hold a public vote on whether to adopt a chaplain policy, further expanding the Legislature’s effort to incorporate religious figures into public schools.
Bible-infused state curriculum: Texas approved Bluebonnet Learning instructional materials that incorporate biblical stories and Christian references into elementary reading lessons. District adoption is technically optional, but the state created a financial incentive for schools to use the materials, giving lawmakers substantial influence over which religious traditions students encounter in publicly funded classrooms.
State-approved literary reading lists: The State Board of Education (SBOE) has also approved state literary works lists, which includes Bible passages at each grade levelfor public school reading instruction, further expanding state control over the books and texts districts will be expected to use.
Religious instruction during the school day: SB 1049 requires districts to excuse students for up to five hours each week to attend off-campus religious courses. Patrick specifically directed senators to monitor that law. In Boerne ISD, students at two elementary schools will soon be able to leave art, music, computer or physical education classes and travel by bus to nearby churches for Bible lessons through LifeWise Academy. The organization plans to expand the program throughout Boerne ISD and into other Texas districts.

Supporters insist these policies are about religious liberty and parental choice, and the Constitution unquestionably protects students’ right to practice their faith. Public schools cannot prohibit a student from praying privately, wearing religious clothing, forming a religious club under the same rules as other student groups or discussing faith when relevant to an assignment.

But Texas leaders seem to want much, much more than that. The growing controversy is about whether the government should use its authority to elevate religious activity, and overwhelmingly Christian activity, within institutions that serve children of every faith or no faith at all.

The Boerne program is instructive here. LifeWise is privately funded and provides its lessons off campus, but public school employees must still coordinate student releases, track absences, manage transportation handoffs and adjust schedules when participating children leave classes. Students who enroll may miss required enrichment instruction such as art and physical education, while principals and teachers remain responsible for meeting academic and accountability expectations with less instructional time and another logistical obligation added to the school day.

None of that solves the problems educators have repeatedly asked lawmakers to address. It doesn’t reduce class sizes, improve teacher pay, increase special education funding, hire more counselors, or repair deteriorating campuses. Instead, local boards and school employees are once again being asked to spend time navigating a culture war legal fight created by state lawmakers.

Patrick’s new charges suggest that this push will continue into next year’s legislative session. Texas lawmakers could choose to respect the religious freedom students already possess while allowing families and faith communities to handle religious instruction themselves. So far, however, state leaders appear far more interested in testing how much religion they can place inside public education before the courts finally tell them they have gone too far.