69ý

Law & Courts

Judge’s Ruling Cites Flaws in Texas’ School Finance System

By Joetta L. Sack — December 07, 2004 3 min read
  • Save to favorites
  • Print
Email Copy URL

A state judge told Texas last week that it has until next fall to fix its school funding system—a change that would likely force the legislature to add billions of dollars to the education budget.

Travis County Chief Judge John K. Dietz had declared in September that Texas’ school aid system was unconstitutional. (“Texas Judge Rules Funds Not Enough,” Sept. 22, 2004.)

Last week, he released his much-anticipated final ruling, in which he wrote that the state’s way of paying for its schools “is financially inefficient, inadequate, and unsuitable … because the school finance system fails to recognize or cover the costs of meeting the constitutional mandate of adequacy, or the legislature’s statutory definition of a comprehensive adequate education.”

But the ruling stopped short of setting a specific level of funding to reach adequacy.

See Also

The Nov. 30 court order gives the legislature until Oct. 1 of next year to find a new system to fix persistent inequities in the education funding formula.

The state is appealing the decision. Because of the short time frame given to overhaul the system, lawyers for the state are seeking to bypass the appellate system and go directly to the state supreme court early next year.

Texas now uses a “Robin Hood” formula that requires property-wealthy districts to share a portion of their tax revenues with poor districts. But the system also caps the amount school districts can collect at $1.50 of every $100 in assessed property value.

That cap has become “a floor and a ceiling, denying districts meaningful discretion in setting their tax rates,” the judge wrote.

The ruling echoes arguments made by leaders of Texas’ largest districts when they testified before Judge Dietz in August that they were barely able to afford an adequate education for their students, and were seeing increasing burdens and costs from federal and state accountability laws.

Three separate groups of districts, many with predominantly Latino enrollments, brought the case. They argued that their lack of property wealth did not allow them to raise enough money, and that the state’s formula did not give them enough relief.

David Hinojosa, a lawyer for the Mexican American Legal Defense and Educational Fund who helped argue the case for some of the plaintiffs, said that the judge’s decision reaffirmed that the districts were doing as well as they could with the money they had, but that more money was needed.

“Overall, it is a victory for our children; certainly we still have lingering problem with access to revenue,” Mr. Hinojosa said.

‘No Easy Solutions’

The state is hoping for a speedy appeal to resolve the case, said Debbie Graves Ratcliffe, a spokeswoman for the Texas Education Agency. It’s impossible to tell which way the state high court would rule, she added.

“We’re optimistic we can get a quick appeal to the supreme court,” she said.

The state had argued that the districts had discretionary funds that they used for activities such as athletics that could be redirected toward providing basic education services.

But Judge Dietz rejected that claim. He said the state’s accountability requirements, and its constitutional mandate of adequacy in education, set the funding bar at a higher level than the current $30 billion K-12 education budget could provide—particularly considering the added challenges of educating students who are poor or still learning English.

Last week’s ruling will not affect districts’ ability to issue bonds or take on public debt before the October 2005 deadline.

Regardless of which court takes up an appeal—and when it is heard—the topic of school finance is expected to be a dominant theme when the Texas legislature reconvenes for its 140-day session beginning in January.

But whether lawmakers can find an acceptable solution is unclear. The legislature met in a 30-day special session last spring on school finance, but was unable to agree on a new formula. (“‘Robin Hood’ Still Alive After Texas Special Session,” May 26, 2004.) Though various legislative remedies have been debated, and several school finance bills have been filed before the opening session, nobody has found a “magic bullet” that will solve the state’s finance problems, Ms. Ratcliffe said.

“There are no easy solutions left on the table,” she said.

Mr. Hinojosa, the MALDEF lawyer, said he worries that many legislators are more interested in tax cuts for their constituents than in finding more money for schools. “They just want to replace the money received with one tax with another [tax cut],” he said. “Hopefully, they’ll put partisan politics aside and talk about children’s education, which is a priority.”

Related Tags:

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Special Education Webinar
Don’t Count Them Out: Dyscalculia Support from PreK-Career
Join Dr. Elliott and Dr. Wall as they empower educators to support students with dyscalculia to envision successful careers and leadership roles.
Content provided by 
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
Improve School Culture and Engage 69ý: Archery’s Critical Role in Education
Changing lives one arrow at a time. Find out why administrators and principals are raving about archery in their schools.
Content provided by 
School Climate & Safety Webinar Engaging Every Student: How to Address Absenteeism and Build Belonging
Gain valuable insights and practical solutions to address absenteeism and build a more welcoming and supportive school environment.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.

Read Next

Law & Courts Are Religious Charter 69ý Legal? The Supreme Court Will Decide Soon
The court's ruling could fundamentally alter the line between church and state in education.
5 min read
The Supreme Court in Washington, June 30, 2024.
The U.S. Supreme Court has granted review in a potentially landmark case about whether a state may, or even must, include a religious school in its public charter school funding program.
Susan Walsh/AP
Law & Courts Legal Fights Highlight Clashes Over Transgender 69ý’ Pronouns in 69ý
A federal court weighs the case of a teacher who refused to use students' chosen names and pronouns, as similar questions arise elsewhere.
9 min read
John Kluge, a former Indiana teacher, pictured in an undated photo.
John M. Kluge is an Indiana teacher who was dismissed for refusing to use transgender students' chosen names and pronouns.
Courtesy of Alliance Defending Freedom
Law & Courts Can Parents Opt Kids Out of 69ý LGBTQ+ Books? The Supreme Court Will Decide
The U.S. Supreme Court will take up a school district's policy of refusing to let parents opt out their children from LGBTQ+ storybooks.
3 min read
The Supreme Court on Wednesday afternoon, April 19, 2023, in Washington.
A view of the Supreme Court in the afternoon on April 19, 2023, in Washington.
Jacquelyn Martin/AP
Law & Courts How Educators Feel About the Supreme Court's Decision to Uphold TikTok Ban
The Supreme Court upheld a law targeting TikTok, increasing the uncertainty for an app highly popular among U.S. educators and students.
6 min read
Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, on Jan. 10, 2025, in Washington.
Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, on Jan. 10, 2025, in Washington.
Jacquelyn Martin/AP