us-tx/regs
34 Tex. Admin. Code § 16.408 — Program Participant, Provider, and Vendor Autonomy
(a)
An education service provider or vendor of educational products or services that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receiving that money, and may not be considered to be a state actor on the basis of receiving that money.
(b)
state agency or state official may not adopt a rule or take other governmental action related to the program and a certified educational assistance organization may not take action that:
(1) limits or imposes requirements that are contrary to the religious or institutional values or practices of an education service provider, vendor of educational products or services, or program participant; or
(2) limits an education service provider, vendor of educational products or services, or program participant from freely:
(A) determining the methods or curriculum to educate students;
(B) determining admissions and enrollment practices, policies, and standards;
(C) modifying or refusing to modify the provider's, vendor's, or participant's religious or institutional values or practices, operations, conduct, policies, standards, assessments, or employment practices based on the provider's, vendor's, or participant's religious values or practices; or
(D) exercising the provider's, vendor's, or participant's religious or institutional practices as the provider, vendor, or participant determines.
Source Note: The provisions of this §16.408 adopted
to be effective December 15, 2025, 50 TexReg 8046.
Source: official text