Sunday, May 22, 2011

The eventual class-action lawsuit over Texas public school funding

This ought to be required reading by every state elected official -- state rep, senator, SCOTX justice, and especially the governor, lite guv, attorney general and all the rest.

Sen. Bob Deuell, R-Greenville, put a spotlight on the state’s grossly inequitable school funding system Friday night when he stood on the Senate floor and read a list of the highest and lowest school revenue amounts in each of Texas’ 31 senatorial districts.

Deuell’s  record could be part of the opening statement in the next school funding lawsuit, which is likely lurking around the corner. The state’s Constitution requires lawmakers to provide a free and efficient system of public education.

The landmark Edgewood case from the 1980s produced Texas Supreme Court rulings that school districts must get substantially similar revenue for similar tax rates.

But lawmakers have allowed the system to deteriorate to the point where a child’s school funding largely hinges on the zip code of his or her parents’ home. It would be interesting to see how the state defends that as a rational system for funding public education.

Deuell noted that the top 100 best funded school districts have property tax rates of $1, while the lowest 100 school districts  levy an average tax rate of $1.16.

The physician-senator read a list highlighting the lowest and highest revenue per student in each senatorial district.


Senate District 1 (Sen. Kevin Eltife, R-Tyler):  Lowest, $3,926; Highest, $6,981; Disparity, $3,055 per student.
Senate District 2 (Sen.  Bob Deuell, R-Greenville): Lowest, $4,576; Highest, $6,261; Disparity, $1,694.
Senate District 3 (Sen.  Robert Nichols, R-Jacksonville): Lowest, $4,407; Highest, $7,367; Disparity, $2,960.
Senate District 4 (Sen.  Tommy Williams, R-The Woodlands): Lowest, $4,615; Highest, $7,064; Disparity, $2,449.
Senate District 5 (Sen.  Steve Ogden, R-Bryan): Lowest, $4,694; Highest, $8,646; Disparity, $3,952.
Senate District 6 (Sen.  Mario Gallegos, D-Houston): Lowest, $4,890; Highest, $5,668; Disparity, $778.
Senate District 7 (Sen. Dan Patrick, R-Houston): Lowest, $4,772; Highest, $6,024; Disparity, $1,252.
Senate District 8 (Sen.  Florence Shapiro, R-Plano): Lowest, $5,194; Highest, $7,418; Disparity, $2,224.
Senate District 9 (Sen.  Chris Harris, R-Arlington): Lowest, $4,836; Highest, $5,706; Disparity, $870.
Senate District 10 (Sen.  Wendy Davis,D-Ft.Worth): Lowest, $4,797; Highest, $6,880; Disparity, $2,083.
Senate District 11 (Sen.  Mike Jackson, R-LaPorte): Lowest, $4,863; Highest, $5,984; Disparity, $1,121.
Senate District 12 (Sen.  Jane Nelson, R-Flower Mound): Lowest, $4,770; Highest, $7,050; Disparity, $2,280.
Senate District 13 (Sen.  Rodney Ellis, D-Houston): Lowest, $4,890; Highest, $5,292; Disparity, $402.
Senate District 14 (Sen.  Kirk Watson, R-Austin): Lowest, $5,102; Highest, $6,282; Disparity, $1,180.
Senate District 15 (Sen.  John Whitmire, D-Houston): Lowest, $4,887; Highest, $6,459; Disparity, $1,572.
Senate District 16 (Sen.  John Carona, R-Dallas): Lowest, $4,780; Highest, $5,856; Disparity, $1,076.
Senate District 17 (Sen.  Joan Huffman, R-Southside Place): Lowest, $4,804; Highest, $6,876; Disparity, $2,072.
Senate District 18 (Sen.  Glenn Hagar, R-Katy): Lowest, $4,710; Highest, $7,935; Disparity, $3,225.
Senate District 19 (Sen.  Carlos Uresti, D-San Antonio): Lowest, $3,831; Highest, $12,400; Disparity, $8,569.
Senate District 20 (Sen.  Chuy Hinojosa, D-McAllen): Lowest, $4,678; Highest, $9,548; Disparity, $4,870.
Senate District 21 (Sen.  Judith Zaffirini, D-Laredo): Lowest, $3,732; Highest, $10,908; Disparity, $7,176.
Senate District 22 (Sen.  Brian Birdwell, R-Granbury): Lowest, $4,118; Highest, $7,750; Disparity, $3,632.
Senate District 23 (Sen.  Royce West, D-Dallas): Lowest, $4,884; Highest, $5,430; Disparity, $546.
Senate District 24 (Sen.  Troy Fraser, R-Horseshoe Bay): Lowest, $3,896; Highest, $6,864; Disparity, $2,968.
Senate District 25 (Sen.  Jeff  Wentworth, R-San Antonio): Lowest, $4,426; Highest, $6,109; Disparity, $1,683.
Senate District 26 (Sen.  Leticia Van de Putte, D-San Antonio): Lowest, $3,759; Highest, $5,573; Disparity, $1,814.
Senate District 27 (Sen.  Eddie Lucio, D-Brownsville): Lowest, $4,304; Highest, $7,321; Disparity, $3,017.
Senate District 28 (Sen.  Robert Duncan, R-Lubbock): Lowest, $4,390; Highest, $12,979; Disparity, $8,589.
Senate District 29 (Sen.  Jose Rodriguez, D-El Paso): Lowest, $4,614; Highest, $5,083; Disparity, $469.
Senate District 30 (Sen.  Craig Estes, R-Wichita Falls): Lowest, $4,425; Highest, $7,488; Disparity, $3,063.
Senate District 31 (Sen.  Kyle Seliger, R-Amarillo): Lowest, $4,432; Highest, $12,387; Disparity, $7,955.

A difference of $1,000 per student can pile up quickly. That kind of disparity amounts to at least $25,000 per classroom.

No one disputed or discounted Deuell’s case. But the prevailing attitude is:  ”We’re doing the best we can do this session.”

It’s a theme also heard during the 2009 legislative session.

Sen. Wendy Davis, D-Ft. Worth, complimented Deuell for doing “a beautiful job of pointing out what’s broken about school funding in the state of Texas and why it so desperately needs to be fixed.”

The disparity has increased dramatically since 2006 when lawmakers reduced school property taxes but didn’t raise enough revenue to pay for it. Most school districts now receive funding based on what they got five years ago instead of formulas. It’s called a “target revenue” system, which lawmakers want to fix. But they didn’t want to use any of the remaining $6 billion plus in the state’s Rainy Day Fund, which again left them without funding to fix the broken system.

“To the life of me, I cannot understand why we would not use (the Rainy Day Fund) to help equalize this system,” Deuell  told his colleagues.

Lawmakers have set a goal of replacing the target revenue system by 2017. But it will be hard to reach the goal without additional funding – and with a structural revenue deficit that experts peg at $5 billion per year.

That’s another problem lawmakers continue to ignore.

“State and local taxes are not being used efficiently,” Deuell complained. That’s an admission the system violates the Texas Constitution.

This has been going on a long, long, time. Let's go back in time to this 2000 column by Molly Ivins for the historical -- as in mid-'80's to mid-'90's -- perspective.

Everyone knew that something would have to be done about equalizing spending on the public schools, and everyone knew it would be a long, hard fight.

Gov. Mark White had the singularly bright idea to name Ross Perot to head a commission on reforming the schools. Perot understood one important thing: We would never get Texans to pay more for public schools unless we could guarantee them better schools and prove that we were getting them. Thus the system of testing and accountability was born.

Perot put together a package of reform bills that mandated smaller class sizes and expanded pre-kindergarten programs — the most crucial reforms. Bob Bullock, then the state comptroller, worked out a formula for how the state could more equalize spending between rich and poor districts.

White called a special session to do nothing but education reform, and it was a donnybrook. One of Perot's reforms was "no-pass, no-play" — if you weren't passing all your school subjects, you couldn't play football! It was a revolutionary notion in Texas.

Lt. Gov. Bill Hobby did heavy lifting for the reforms. Perot hired his own lobbyists to help pass the bills. It was a tremendous effort and a narrow win. Then the state went broke.

The oil crash of the mid-'80s left Texas in bad shape, so the equalization formula didn't advance much. The Edgewood case was still dragging on, and in 1987, Edgewood won at last.

In 1989, Gov. Bill Clements had to sign a huge tax increase to fund the agreement to equalize spending. Then came Son of Edgewood, with the courts again siding with the poor districts. Gov. Ann Richards proposed the Robin Hood plan, taking from rich districts to give to the poor. Another horrendous fight. A modified version of Robin Hood finally passed.

What the Rand story found was that despite all the screaming and yelling, what Texas did is what works: smaller class sizes, early childhood education (though we still don't have kindergarten statewide) and equalized spending.

And here we are back again. Repeating history.

Which teaches us that some collection of sensible, reasonable Republicans like Deuell is going to have join Democrats and straighten this mess out again.

I'm just not going to hold my breath waiting for that to happen, though.

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