In GOVT 2306 this week we covered the purpose behind education in the Texas - the fact that it is tied into the ability of the electorate to secure right and liberties, as well as the capacity for self governance.This point is made in both the Texas Declaration of Independence and the Article 7 of the Texas Constitution. We read through the first section of that article and say the following language: "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools."
While the Texas Constitution is normally held to be clear - that's what 80,000 words gets you - there can be a debate over what the phrase "suitable provision" and the word "efficient" actually mean.
That's the broader context for the judge's decision. More specific is the fact that the 82nd Texas legislature cut over $5 billion in education funding, some of which was restored by the 83rd Legislature. Over 600 school districts sued the state alleging that the Texas Constitution - the language highlighted above - had been violated.
For detail on the case, click on these articles:
- Texas Tribune: Judge: Texas School Finance System Unconstitutional.
- Dallas Morning News: Texas' school finance system again overturned in court.
- Austin American-Statesman: Judge: Texas school finance system unconstitutional.
More importantly:
- here is a link to the judge's decision.
- here is the findings of fact and conclusions of law.
In case you're curious - this applies to later parts of the class - here's Judge Dietz's website. Her serves as the judge for the 250th District Civil Court.
The AAS summarizes the basic argument made by the judge. these will be reviewed by the Texas Supreme Court.
Dietz found four constitutional problems with the way Texas finances its schools:
• The Legislature has failed to suitably provide for Texas public schools because the school finance system “cannot provide a constitutionally adequate education for all Texans,” Dietz said in his order.
• The finance system is inadequate because it does not provide enough money to accomplish a “general diffusion of knowledge.
• The system effectively imposes a property tax, in violation of the Texas Constitution, because districts do not have “meaningful discretion” over how the taxes are raised, assessed or spent.
• The system is financially inefficient because all Texas students do not have equal access to the educational money needed.
“Consequently, the court enjoins further funding under the system until the constitutional infirmities are corrected,” Dietz wrote.
