A Muslim parent has filed a federal lawsuit against Texas officials, claiming that Islamic private schools have been excluded from the state’s new school voucher program. The lawsuit, brought by Mehdi Cherkaoui on behalf of his two children at Houston Qur’an Academy Spring, names Acting Comptroller Kelly Hancock, Attorney General Ken Paxton, and Education Commissioner Mike Morath as defendants.
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Cherkaoui asserts that the exclusions are based solely on the schools’ religious identity and general associations, rather than any evidence of unlawful conduct. “The exclusion is not based on individualized findings of unlawful conduct by any specific school, but rather on categorical presumptions that Islamic schools are suspect and potentially linked to terrorism by virtue of their religious identity and community associations,” the lawsuit states.
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The Texas Education Freedom Accounts program, established under Senate Bill 2 in 2025, allows families to use public funds for private or home-school education. Students may receive nearly $10,500 per year, with higher amounts available for children with disabilities. Applications opened on February 4 and closed March 17, while private schools must meet accreditation, location, and assessment requirements to participate.
Hancock requested a legal opinion from Paxton on whether schools with alleged ties to foreign adversaries could be excluded from the program. Paxton’s opinion affirmed that the comptroller has the authority to bar schools under those circumstances.
Cherkaoui pays nearly $18,000 annually in tuition for his children and seeks a court order requiring the state to process applications for Islamic schools under the same neutral standards applied to other private institutions. The lawsuit asks the court to ensure that schools meeting program requirements are not denied access based on religious affiliation or perceived associations.
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