Updated: School Finance Ruling Favors Districts
Updated, 3:43 p.m.:
In a decision certain to be appealed to the Texas Supreme Court, state district Judge John Dietz ruled Monday in favor of more than 600 school districts on all of their major claims against the state's school finance system. With a swift ruling issued from the bench shortly after the state finished its closing arguments, Dietz said that the state does not adequately or efficiently fund public schools — and that it has created an unconstitutional de-facto property tax in shifting the burden of paying for them to the local level.
"There is no free ...

Comments (67)
Toni Mikel via Texas Tribune on Facebook
Children, their safety, their happiness, their education is our National Treasure. I know my daughter was short changed in Arkansas education. I think We The People, as responsible adults, Patriotic Americans have an obligation to insure the highest standards for their education. If Governor Perry wants to be ignorant, well that's his personal decision, but the rest of Texas, American children are promised to the rights of the pursuit of happiness and that begins with the best possible education for each and every child, no matter if poor, rich, middleclass, white, black, Hispanic, Asian fat, thin, healthy, sick, disabled or gay or straight! Every child deserves the best. Go for it!!
Matthew Cowan via Texas Tribune on Facebook
Toni, the issue is not about Perry and education. It is about you, the parent. You see failure in your childrens education and look to Austin for the fix but yet you ignore the real issue. Education is controlled locally. Your school board, your teachers and you the parent are the true source of the education problem. You are funded but instead you mismanage the moneys you have. You do not demand accountability of the teachers and the school board. You do not demand accountability of the children and the parents.
So quit whining and focus locally on the problem and then you might actually make a difference!
Bambi Clark via Texas Tribune on Facebook
Local control will not solve the looming shortfall of the business margin tax structural deficit. THAT was Perry and his cronies decision back in 2006. Few Texans even understand it. ALL need to.
Matthew Cowan via Texas Tribune on Facebook
Bambi, local control is the center of the issue with education. Unless that issue is dealt with education will fail in those localities
Rebecca Book Warnick via Texas Tribune on Facebook
I think it may be more that the lack of local control is at the heart of the matter. With the requirements of NCLB and state mandated high stakes testing, and the related consequences, local school districts seem to lack the resources and flexibility to do what's right for their areas.
Matthew Cowan via Texas Tribune on Facebook
Rebecca, that may be true. Why was state mandated testing instituted? It was because school districts were graduating students who could not read and write. Many of them were going to college and were having to be put in remedial classes. Yet now test scores are still not where they need to be. Why? Why? Instead of teaching the subjects, teachers and school administrators were not teaching students how to take tests and not content. Paper work galore because parents are not involved and yet they are the first ones who will sue if you look at their child wrong. The demands for individual lessons plans take away time from teaching. The experimentation by PhD's with classroom teaching who are so far removed from reality that it just creates a dysfunctional system. Where is the School Board? They are making sure that the stadiums are built and the overpaid administration are happy. The districts would have the resources if they were to prioritize and the people hold the school board accountable.
Rick Archer via Texas Tribune on Facebook
Matthew U R so clueless on this subject.
Rick Archer via Texas Tribune on Facebook
Standardized testing is and has been all about publishers and the political buddies making money. Benchmarking should be controlled by educators and no one else.
Matthew Cowan via Texas Tribune on Facebook
Rick, it is clear that you are not well educated on this subject. But that is not your fault right? You probably blame the State for that right?
I suggest you actually do some research and you will find out that the issue with schools producing student who can not read or write began in the 1980's. Some districts tried their own proficiency exams. The state also saw the problem manifest itself in the early 1990's when they noticed the cost of remedial classes at Universities. The tests and benchmarks are set by educators. Perhaps if you were to visit the Texas Education Agency, you might be more educated.
Rick Archer via Texas Tribune on Facebook
Matty Boy... I work in education. I have Superintendent's certificate. Try again little one.
Rick Archer via Texas Tribune on Facebook
Matt you sound like a typical Republican mouth piece.
Matthew Cowan via Texas Tribune on Facebook
Well little Ricky your knowledge of the education system is not buoyed by your certificate. In fact your defense of the crumbling system indicates that you are part of the problem. Your diatribes indicate that you are nothing more than a liberal who spends other peoples money and take no responsibility for their actions. No wonder our school system is a mess!
Michelle Michon via Texas Tribune on Facebook
Truth! Texas Republicans are in Violation of our State Constitution, Article 7!
Charlie Jackson via Texas Tribune on Facebook
I think that the Texas Constitution speaks eloquently: ARTICLE 7. EDUCATION Sec. 1. SUPPORT AND MAINTENANCE OF SYSTEM OF PUBLIC FREE SCHOOLS. A general diffusion of knowledge being essential to the preservation of the liberties and rights of the people, 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.
Paul Hughes via Texas Tribune on Facebook
So this opens the door to more federal confiscation, redistribution, and control, right?
Mike Openshaw via Texas Tribune on Facebook
This ALSO kills Robin Hood, does it not?
Brenda Lee Huerta via Texas Tribune on Facebook
Wow!
Andrew Elliott McBurney via Texas Tribune on Facebook
I doubt it opens the door to a federal takeover. It never has all the other times our school finance schemes have been found unconstitutional.
Alexandra Richmond via Texas Tribune on Facebook
Stop being so dang scared of the feds. Theyre not the ones stacking the deck against kids in texas.
Lisa Ahrlett via Texas Tribune on Facebook
Robin Hood was ruled against years ago, we've just never fixed it. Ugh, while education is very important, not being in debt is more important. I hope this didn't pave the way to digging ourselves in a financial hole like many other states.
Andrew Elliott McBurney via Texas Tribune on Facebook
I think Robin Hood as first implemented was found unconstitutional the last go around. There is still some redistribution though, just not like it was under Robin Hood.
Michael Weiser via Texas Tribune on Facebook
The texas government doesnt care that our schools are some of the worst in america
Michael Weiser via Texas Tribune on Facebook
Its more important to save money than to have good schools. It's time to suck it up and fund our schools like the rest of the country
Red Man On the Blue Island via Texas Tribune on Facebook
I think it is very ironic that AISD sued the state since it takes part in Robin-Hood-like activity -- stealing from the rich to give to the poor -- when it is guilty of the same thing within its borders.
Look at the per child expenditures for schools in more affluent areas compared to schools in less affluent areas. Not only do those schools in less affluent areas have significantly higher per child expenditures, but because the property values are lower, the people who own those properties contribute far less to the education system than do the property owners in more affluent attendance zones.
AISD is hypocritical as all get out for suing the state for the same damn thing it does in its own sandbox.
Michael Weiser via Texas Tribune on Facebook
Dont people in texas care how bad the schools are?
Susan C. Cooper via Texas Tribune on Facebook
It's about time.
Carla Pope-Osborne via Texas Tribune on Facebook
Yeah!!! Great ruling. Not shocking
Kat Kuehler Walters via Texas Tribune on Facebook
Schools and quality education is more important than the debt but it doesn't have to be an either-or situation. With the industry in this state (7th largest economy, yadda, yadda) we should have a better education system.
Rick Archer via Texas Tribune on Facebook
Typical republican robot speak. Another clueless potential VP candidate. Hilarious!!
Susie Martinez-Dominguez via Texas Tribune on Facebook
Privatizing is a really bad idea. Education is not a business.
Eric Metz via Texas Tribune on Facebook
The same situation certainly applies in California. Sure hope some legal-beagals can see and pursue this here.
Pickles Sorrell
A ruling from a liberal Democrat Judge in a very liberal Democrat County now heads to the 9-0 all Republican Texas Supreme Court.
How do you spell reversal? D-I-E-T-Z. Enjoy the victory plaintiffs - it will be brief.
Chris Jonsson
Hooray for Judge John Dietz! He understands the assault on public schools from budget cutting, school vouchers, school choice is an attempt to destroy the public school system. He is right. We were given public school education and it is our turn to support future generations. That's the deal. It's a good deal.
Neil Moyer via Texas Tribune on Facebook
This not the first rodeo for court action/inaction in TX; TX courts are just plain notorious for screwing things up...this going to TX Supremes and they'll move with glacial alacrity...
Christina Jonsson via Texas Tribune on Facebook
Hooray for Judge John Dietz! He understands the assault on public schools from budget cutting, school vouchers, school choice is an attempt to destroy the public school system. He is right. We were given public school education and it is our turn to support future generations. That's the deal. It's a good deal.
Andres Baltimore via Texas Tribune on Facebook
I'm not sure if belly-aching over the average cost per student is all that significant if what inflates that number includes pension costs. The other item Texas legislators seem to be missing is the backbone to really mandate a stronger math, science, & engineering curriculum. This ruling may be a step in the right direction, but we're not sprinting anywhere quickly.
Susie Martinez-Dominguez via Texas Tribune on Facebook
Pension???? Lol
Michael Warjas via Texas Tribune on Facebook
http://www.amazon.com/Savage-Inequalities-Children-Americas-Schools/dp/0060974990
Liz Worswick-Johnson via Texas Tribune on Facebook
My Texas school does a decent job. I would prefer school choice for vouchers. Had to do it over again? I'd go private schools hands down. They educate children better and for less money. Top colleges pick students from top private high schools in Dallas. Our school system should allow parents to choose where the money goes. If a school or it's teachers don't produce? The taxpayers should be allowed to take their business elsewhere!
Steve Munday via Texas Tribune on Facebook
Are Texas children graduating from high school with the fundamentals to work in our society and succeed? Yes or no?
Rick Archer via Texas Tribune on Facebook
Liz, private schools educate kids for less money? Really? I have completely disagree. If the republicans have their way the whole state Ed. will be under private control.
Rick Archer via Texas Tribune on Facebook
Yes they are...although the standardized testing fiasco has made it more difficult to prepare students for life. Maybe we can have that $1 million a year back from Pearson the state gives them for testing materials.
Steve Munday via Texas Tribune on Facebook
Rick, with all due respect and out of curiosity, are you a native Texan? If not, how long have you lived here? Thanks.
Sue Robinson Harris via Texas Tribune on Facebook
Steve Munday I am a 4th Generation TEXAN and I agree with Rick Archer!! Heaven help the students of TEXAS if the REPUBLICANS have their way!!
Phillip Sanders via Texas Tribune on Facebook
Steve, to answer your question about TX students, because of standardized testing and the demands put on educators by unfunded mandates, a large portion are not ready for college when they graduate. We are teaching with materials, i.e. textbooks, that are 10-15 years old and are expected to prepare students for a standardized test that was just released last year. Teachers are teaching to a test instead of teaching the course. Because of this students often have to take remedial classes when they enter college.
Pat Henry via Texas Tribune on Facebook
Now the repugs will it to a higher court and spend more tax money. I think they would like to do away with public schools.
Steve Munday via Texas Tribune on Facebook
I suspected that there was a gap between the textbooks and the testing. And, at a time, when knowledge is exploding and available in some many ways. Thanks.
Steve Munday via Texas Tribune on Facebook
Pat, why don't you ask the Republicans that you know about doing away with public schools?
Jennifer Freeman via Texas Tribune on Facebook
Regarding the private vs. public cost of education...have "y'all" ever heard of FAPE? If you have, you understand that comparing cost per student in private versus public classrooms is comparing APPLES to ORANGES. Unless you want education to become the entitled vs. the have nots, be wary of school vouchers.
Toni Mikel via Texas Tribune on Facebook
YeAh for TEXAS's state treasure; its youth and their future!
Adrianne Stone via Texas Tribune on Facebook
As a former public school educator I wish we did have a voucher system because I have seen first hand the inefficiency and waste generated by some portions of the public system. Forcing them to compete for the share of the funds against systems that typically are set up to get maximum efficiency per pupil dollar will mean a leaner greener public system. As for Jennifer's comment - most students at private schools are not in fact "have's" bc most private schools are full of students who's parents are making a sacrifice for them to be there. I'm in favor of making sure private schools who receive voucher money are held to at minimum the same standards as the public schools in terms of achievement, and also think major reform in the way we "do" education (ie get rid of textbooks, the Internet has made them obsolete, teach critical skills not jut the ability to regurgitate facts, etc.) which some teachers are trying but get held back by the many hurdles present in a bloated, inefficient system.
Amber Schunka Rangel via Texas Tribune on Facebook
Although I agree the system is plagued with fallacies, there's such a lack of accountability it's almost at a point of insanity. My hubby's a teacher and a kick butt one at that. Yea, he's got a text book, and they rarely crack it. He's there to teach, not just collect a paycheck. I worked along side him in the same school and "appalling" would be the nicest word I could possibly say. There is an extreme lack of good, credible, genuine teachers anymore. Educators are there to raise up future generations of leaders yet they can't even lead a simple 3rd period class because they're too busy on their FB account, etc. I've been there, I've watched it happen, I've seen the fantastically awesome but I've seen the horrific more often :( It's the lack of personal responsibility and accountability....I don't know when or where it went but it'd be nice if it would please return!!!
Carlos Hernandez via Texas Tribune on Facebook
Awesome!!
Phillip Sanders via Texas Tribune on Facebook
Adrianna, vouchers won't happen because the private schools don't want to be held accountable the same way as public schools. They don't want to give the STARR test and have funding tied to it. They don't want to be held to the same standards as public schools. You see, if vouchers were passed private schools would be held to the same standards. There are very few, if any, that want to deal with this.
Matthew Cowan via Texas Tribune on Facebook
Steve, Rick just lied to you. The students are not prepared. The way the education is setup everyone is suppose to be prepared to go to college. If you are not wanting to go to college then you are screwed. Furthermore, the students that are supposedly graduating "prepared to go to college" are failing. They are enrolling and flunking out and are in major need of remedial courses.
FYI, are things better now than they use to be? Perhaps, marginally. Could the system be better? You betcha. Is the answer more money? No not really. What is needed is parental involvement and accountability of the school districts. From teachers to administrators to school board members.
hans5162@ix.netcom.com hans
Matthew Cowan is a typical Americans for Prosperity troll. He created a shell facebook page. His name is really Peggy. Contrary to his factually misleading statements, the problem is Rick Perry. Saying the problem is local, ignores the restrictions placed upon school districts in raising the revenue necessary to provide an adequate education. I'm quite tired of the lies repeated again and again by Perry and other Republicans. They cut $5.4 billion dollars from education. They call it a funding increase. TPPF, AFP and the other trolls like "Cowan" argue that the state education budget has increased at a much greater rate than inflation or student enrollment would justify. That too is misleading. Taking into account inflation, student enrollment, legislatively mandated salary increases and construction costs, the amount of increase in the state education budget has not been that significant over the past 10 years. They also conveniently pick 2010 for the cut-off for their misleading statistic, which is prior to the unprecedented cuts imposed in that year. Trying to deflect attention to the local level ignores the fact that our forefathers put universal Public Education in the State Constitution, as they understood that an educated populace is critical to a healthy democracy. This is not some socialist experiment. It is one of the great innovations of the United States of America. Dietz was correct in holding that the State of Texas has failed in its Constitutional obligation to provide for the public education system.
Charlie Jackson via Texas Tribune on Facebook
The 1st duty of the Texas Legislature is to the Texas Constitution.
Charlie Jackson via Texas Tribune on Facebook
...and to Article 7.
Phillip Sanders via Texas Tribune on Facebook
Hans you are correct. While there are school districts that have adequate funding, there are hundreds more, majority in Texas, that do not. The lawyers did a great job showing the gap between those that had funding and the ones that don't. They also did a great job of showing how effective learning has been declining over the last 10 years because of the lack of funding and more mandates being placed on schools with no funding to meet those mandates. I believe Judge Dietz alluded to that in his remarks.
Rebecca Book Warnick via Texas Tribune on Facebook
Amber, please be careful with your generalizations. I can guarantee you that what you say is a rampant issue at your husband's school is not happening at my son's school. Before I had a child I assumed that situations like the one you describe were common, but once I started volunteering in Austin elementary schools I found out how wrong I was about so many issues impacting public schools in Texas. I have witnessed hard working educators who, in spite of being demeaned and demoralized by politicians, business people and an inexperienced public, continue to give their best work and their hearts to our schools, even as we continue to treat them unprofessionally by not including them in decision making that affects their futures and those of our children. They aren't even permitted to speak freely about real problems they see day in and day out in public schools. Instead we rely on so many people with so little knowledge and experience to tell us what's best for our schools.
Bill Eaves via Texas Tribune on Facebook
Good thing that moron judge is not the last word......
Timothy Stark via Texas Tribune on Facebook
Maybe, but shouldn't the people who live in an area directly provide most of the support the schools to which their children go? I'm just askin'...
Laura Short Mallary via Texas Tribune on Facebook
My 5 children have all been educated in Texas public schools and the four who have finished high school were successfully prepared for post-secondary education/employment opportunities. Can we do a better job and increase efficiency? Absolutely, and we should. Are our Texas schools a dismal failure? Absolutely not. The problem is not a lack of funds, but a lack of appropriate priorities. Funny though that Texas, under conservative leadership, has managed to maintain a solvent financial position while other states where money is committed without any regard to revenues by liberal leadership are bankrupt. This is not a simple problem with a single source and there are some things about it that just can't be fixed with more money because of the imperfect world we live in.
hans5162@ix.netcom.com hans
Laura,
Money matters. Class sizes matter. Administrative costs in public schools are about 3% on average. In charter schools, which are held up as a model, administrative costs are a huge part of the budget. Finally, name the states that are "bankrupt." Texas isn't doing well because of Rick Perry's policies. Texas is doing well because of the fracking boom in the eagle ford shale. Stick those salaries and royalty payment in the middle of California and they'd be leaving us in the dust.
Kathleen Painter via Texas Tribune on Facebook
All lawmakers who don't seem able to follow their own constitutions should be required to resign.
Samdavis
Matthew, we get that you're a homer for Rick Perry. Now shut up and let other people pose.
What does it say about Texas education that Perry does not plan to restore funding cuts and wants to refund any "surplus" to taxpayers. Local districts are hamstrung by a lack of state funding that they can never hope to make up. If we neglect this issue we'll raise a whole generation of uneducated citizens with limited reasoning skills and an inability to tell truth from fiction. You know, a whole bunch of Matthew Cowans.
Michael Hull
Hans, keep posting, brother--good stuff!