How School Choice and Educational Rights Are Handled in Texas Mediation After H.B. 2495
- Feb 1
- 3 min read
When parents work through custody or parenting plans in Texas, decisions about a child’s education often become one of the most sensitive issues at the table. Questions about where a child will attend school, who makes educational decisions, and how disagreements will be resolved can quickly lead to conflict if they are not clearly addressed.
Recent changes to Texas law under House Bill 2495 bring more structure and clarity to how educational rights must be handled in custody cases and mediated settlement agreements. Understanding these changes can help parents avoid future disputes and create more workable parenting plans.
Why School Choice Can Create Conflict
In many cases, parents assume that “educational rights” are straightforward. Historically, custody orders often included general language giving one or both parents the right to make educational decisions. While that may sound sufficient, vague wording has frequently led to confusion later on.
Disagreements can arise over issues such as:
Whether a child will attend public, private, charter, or specialized schools
Who has the authority to enroll the child
What happens if parents disagree about a change in schools
Without clear direction, parents may find themselves back in court trying to interpret an order that was never specific enough to begin with.
What H.B. 2495 Changes in Texas Custody Cases
House Bill 2495 was designed to reduce ambiguity by requiring educational rights to be addressed more precisely in custody orders and mediated agreements.
Under the updated framework, educational authority is broken into three distinct rights:
The right to make educational decisions
This includes choices about academic programs, tutoring, special services, and other education-related matters.
The right to designate the school the child will attend
This determines which specific school—public, private, or otherwise—the child is assigned to.
The right to enroll the child in the designated school
This covers the act of registration and compliance with admissions requirements.
By separating these rights, Texas law now encourages parents and practitioners to be clear about who holds each responsibility.
How These Changes Affect Mediation
Mediation remains a common and effective way for parents to resolve custody issues outside of court. However, general or catch-all language about education is no longer enough.
When educational rights are addressed in mediation, agreements should clearly state:
Whether rights are shared or held by one parent
How disagreements will be resolved if parents cannot agree
What happens if a school option becomes unavailable or impractical
Clear language helps ensure that both parents leave mediation with the same understanding—and reduces the risk of future enforcement disputes.
Why Clarity Matters for Families
Educational decisions directly affect a child’s routine, stability, and long-term development. When parents have different views on schooling, uncertainty in a custody order can place unnecessary stress on both the child and the parents.
By addressing school choice and educational authority in detail:
Parents know who is responsible for decisions
Expectations are set from the beginning
Costly and emotionally draining court disputes can often be avoided
Thoughtful planning now can make co-parenting smoother later.
Preparing to Discuss School Choice in Mediation
Parents preparing for mediation may find it helpful to:
Identify their priorities regarding education and explain why they matter
Focus discussions on the child’s needs rather than personal disagreements
Consider future changes, such as academic challenges or relocation
Understand school enrollment timelines and requirements
Approaching mediation with preparation and flexibility can lead to more durable agreements.
Final Thoughts
School choice is one of the most important decisions parents make for their children. Texas law now provides clearer guidance on how educational rights should be allocated, giving families an opportunity to address these issues thoughtfully and proactively during mediation.
If you are navigating custody, mediation, or parenting plan issues involving education, the family law team at Sims & Purzer can help you understand how current Texas law applies to your situation and assist you in crafting agreements that provide clarity and stability for your family. Reach out to us. Share what’s going on, and we’ll help you understand your options and identify next steps that support your child’s routine and your family’s future.
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