Burnt Orange Report

Breaking News: Judge Rules School Finance System Unconstitutional

By Andrew Dobbs

In one of the most anticipated rulings of the year, the Associated Press is reporting that District Court Judge John Dietz found the current funding system unconstitutional:

Texas' $30 billion system for financing public schools was found unconstitutional Wednesday by a judge who said he would issue an injunction ordering state funds for education to cease within a year if the Legislature does not find an equitable solution.

State District Judge John Dietz ruled moments after closing arguments in the lawsuit brought against the state by more than 300 school districts. The districts contended that the system violated the state Constitution by not providing equal educational opportunities.

Dietz agreed, saying the gap between "the haves and the have nots" was too wide, and Texas faces dire consequences if it doesn't provide adequate funding to all its students now.

"By 2040, we'll have a population that's larger, poorer, less educated and more needy than today," Dietz said. "Who in Texas would choose this for our future? The answer is no one."

The decision, which follows nearly six weeks of testimony, is expected to be appealed.

The suing districts, both wealthy and poor, argued that the state depends too heavily on local property taxes and should share more of the financial burden of public education. (...)

The state argued that the system meets the minimum constitutional requirements for Texas' 4.3 million students. Changing the system should be the responsibility of the Legislature, not the courts, the state has argued.. Nearly two-thirds of the state's education budget comes from property taxes.. But the districts say a cap on local property taxes limits their ability to raise money.

The case will be appealed and unless the all GOP Supreme Court sinks to shocking new lows by putting political considerations over the funding of our schools (some naive part of me is hoping that they show us better than we have come to expect), the ball will end up in the legislature's court. It is time for us to commit fully to the most excellent school system in the world and our current system- constitutional or not- does not meet that standard.

So, this is big news and this is a story we should all be keeping tabs on.