Paxton, Hancock Clash Amid Lawsuit Over School Choice Program

Paxton called on Hancock to be replaced, after the acting comptroller criticized the AG’s handling of a lawsuit over the state’s new school choice program.

Ken Paxton and Kelly Hancock

A dispute over Texas’ new school choice program has escalated into a public clash between Acting Comptroller Kelly Hancock and Attorney General Ken Paxton, highlighting tensions within state leadership as litigation continues over the program’s implementation.

In a March 24 letter to Paxton, Hancock raised concerns about alleged terrorism ties among certain schools seeking to participate in the Texas Education Freedom Accounts program and urged additional legal action.

The letter follows a recent federal court order extending the application deadline for families and requiring the state to provide Islamic schools access to apply while lawsuits over their eligibility proceed.

Hancock pointed specifically to Houston Quran Academy, one of the schools the court has temporarily allowed to participate.

“At the time the order was issued, scant evidence had been presented to the court and it was not aware that the school has documented ties to the Muslim Brotherhood,” Hancock wrote, adding that both Gov. Greg Abbott and President Donald Trump have designated the group as a terrorist organization.

He asked Paxton to take several steps, including presenting additional evidence to the court, pursuing revocation of corporate charters for any schools with documented ties to terrorist organizations, and taking broader action to prevent such entities from operating in Texas.

“The court cannot protect against threats it does not know exist,” Hancock wrote.

Paxton responded in a post on X, sharply criticizing Hancock and calling for his replacement.

“Kelly Hancock is a Never Trumper and an incompetent loser who’s an embarrassment to the position of Chief Clerk that he holds,” Paxton wrote. “To protect Texans’ tax dollars, I am officially calling for Gov. Greg Abbott to immediately replace him with the person Texans actually voted for to be Comptroller, Don Huffines.”

Hancock is currently serving as acting comptroller following the departure of former Comptroller Glenn Hegar. Earlier this month, Hancock lost the Republican primary for the office to Huffines.

Paxton’s post also referenced Hancock’s role in his 2023 impeachment, writing that Hancock “failed to take me down during impeachment” and that “his career is over.”

The exchange comes amid an ongoing legal battle over the TEFA program, which has drawn attention over questions of eligibility standards and the state’s authority to exclude certain schools.

More than 229,000 students have applied for the program, according to the comptroller’s office, exceeding initial projections. Participation is determined by lottery rather than application timing.

An injunction hearing in the case is scheduled for April 24.