Advertisement

SKIP ADVERTISEMENT

Few Solutions in Texas School Finance Ruling

Lt. Gov. Dan Patrick told Republicans at the state party convention Thursday that the issue “for now, has been resolved.”Credit...LM Otero/Associated Press

DALLAS — Now that it is clear that Texas’ complicated school finance system is here to stay, districts around the state must find a way to move forward — whether that is by pressuring lawmakers for more money or by raising property taxes.

The Texas Supreme Court rejected arguments on Friday by a coalition of 600-plus districts that the “Robin Hood” school funding system, in which wealthy districts share local property tax revenue with those in poorer areas, was unconstitutional.

The unanimous decision, which stemmed from a lawsuit over the Republican-led Legislature’s 2011 move to cut $5.4 billion in education funding, does not require the Legislature to do anything, and Lt. Gov. Dan Patrick told Republicans at the state party convention that the issue “for now, has been resolved.”

That did not keep the justices from urging that lawmakers should do something. As Justice Don R. Willett wrote, they have “vast discretion in fulfilling their constitutional duty to fashion a school system fit for our dynamic and fast-growing state’s unique characteristics. We hope lawmakers will seize this urgent challenge and upend an ossified regime ill-suited for 21st-century Texas.”

Whether lawmakers will accept that challenge remains to be seen. When the 2017 legislative session convenes in January, there will be a number of other financial obligations, including covering the continued costs of $3.8 billion in property and business tax cuts, fixing the state’s embattled foster care system and finding more money for a road and highway network overtaxed by a booming population.

Plus, Mr. Patrick has promised to make up $4 billion in federal funding for free and reduced-price school lunches that will disappear if Texas defies the Obama administration’s order to let transgender students use bathrooms and locker rooms that match their gender identity.

The lieutenant governor and many Republicans in the state Legislature seized on the ruling to push for increasing “school choice” in the form of expanded charter schools and voucher programs. Outnumbered Democratic lawmakers, meanwhile, said 2017 should bring a major effort to strengthen traditional public schools — though that will be a tough sell.

“The issue requires the Texas Legislature’s undivided attention this next session,” said Buddy Guerra, a Democrat from McAllen on Texas’ border with Mexico. “The future of our state is at stake.”

The high court made clear that “kids deserve transformational top-to-bottom reform,” said Karen Rue, president of the Texas Association of School Administrators. What is needed the most, she said, is a better understanding of what it costs to educate 5.2 million students, the second-most in the country after California.

“What does it take in today’s economic environment to actually turn on the lights, pay teachers, provide training,” and does that amount ensure that students are ready for college? Ms. Rue asked.

The Texas State Teachers Association notes that the state spends an average of $9,561 per student annually, below the national average of $12,251. But Ms. Rue, who is a superintendent in a district north of Fort Worth, noted there is an array of rankings to see how one state compares to another. “Whether or not they fit us is really the point,” she said.

Texas’ overall funding mechanism is similar to ones found in many other states, with base funding that is augmented by extra “weights” for those who need specialized or extra instruction, according to Allan Odden, a national school finance expert based in Chicago.

“The one wrinkle for Texas is that special component to get resources from high-wealth districts to low-wealth districts,” Mr. Odden said. “That’s a unique Texas thing.”

What is important for districts to determine, he said, is whether money is being used efficiently. Mr. Odden said studies do not indicate whether student performance improves if a school focuses on small classrooms, and there is no discernible benefit to offering more electives to keep students engaged.

Public schools rely heavily on property taxes because Texas has no state income tax, so unless the Legislature changes the funding formula, the only way districts will be able to keep up with rising costs is increasing taxes, said Lonnie Hollingsworth, the general counsel for the Texas Classroom Teachers Association.

But if that happens, then lawmakers need to ensure that money stays with the local school district instead of diverting it to other purposes statewide.

“Had this mechanism been in place years ago, the schools would be in a much better situation,” Mr. Hollingsworth said.

The issue is not going away, said Rick Gray, a lawyer who represented more than 400 districts in mostly poorer areas in the case that the state Supreme Court decided Friday.

“What school districts have to do is turn to the Legislature and ask, and try and force, Texas lawmakers to do their jobs,” Mr. Gray said. “There’s enough good Texans in the Legislature that will realize that changes need to be made.”

A version of this article appears in print on  , Section A, Page 11 of the New York edition with the headline: School Finance System in Texas Is Upheld. Order Reprints | Today’s Paper | Subscribe

Advertisement

SKIP ADVERTISEMENT