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November 22, 2005

Courts Rule on School Finance

By Phillip Martin

Quorum Report has the full ruling. I'll try to put together a summary together for this afternoon. Basically they said that the ad valorem taxes, because of how they were capped, constituted a state property tax that is unconstitutional. The Legislature will have to pass a new law by June 1, 2006, to fix it.

Here's what they said about funding:

"We recognize that the standard of arbitrariness we have applied is very deferential to the Legislature, but as we have explained, we believe that standard is what the Constitution requires. Nevertheless, the standard can be violated. There is substantial evidence, which again the district court credited, that the public education system has reached the point where continued improvement will not be possible absent significant change, whether that change take the form of increased funding, improved efficiencies, or better methods of education. ... But an impending constitutional violation is not an existing one, and it remains to be seen whether the system’s predicted drift toward constitutional inadequacy will be avoided by legislative reaction to widespread calls for changes."

SO, the funding is legally fine for now, but it could easily "drift toward constitutional inadequacy" if the Legislature doesn't make some changes -- whatever changes they feel should be made.

Anyone with any better reading/understanding, leave a comment...

UPDATE: Statesman article is up.

Posted by Phillip Martin at November 22, 2005 10:07 AM | TrackBack

Comments

They also pushed back the injunction date to June 1. I'm guessing Perry will call a special right after the primaries - early April, most likely.

Posted by: Fine Bottled Water at November 22, 2005 10:13 AM

Per QR's summary, the Court said "public school financing does not yet violate the 'general diffusion of knowledge' mandate under any of the three article VII, section 1 requirements."

Posted by: Fine Bottled Water at November 22, 2005 10:14 AM

Expanding on my last comment, I suppose that means the Court finds the overall funding adequate. Anyone read that differently?

Posted by: Fine Bottled Water at November 22, 2005 10:18 AM

I think they just left the adequacy issue on the tablie -- "punting" it back to the Legislature to decide if there needs to be more funding. Again -- that's what I think they're saying.

Posted by: Phillip Martin at November 22, 2005 10:29 AM

the court found funding adequate. the plaintiffs lost on that point.

Posted by: legal eagle at November 22, 2005 10:35 AM

So now the Lege must simply reduce reliance on property taxes without increasing overall school funding? Weak.

Posted by: Fine Bottled Water at November 22, 2005 10:44 AM

The court actually left the issue of funding to the Legislature (See update to my post, above).

Posted by: Phillip Martin at November 22, 2005 10:49 AM

And now, for my best Alice Cooper impression...

:: cough ::

"School's out for-ever... duhnuhnuh"

Posted by: Jim D at November 22, 2005 11:48 AM

"So now the Lege must simply reduce reliance on property taxes without increasing overall school funding? Weak."

Or they can raise the cap on school district tax rates. Most are already over the cap with "debt retirement" and other little loopholes. But of course if they do that, they will start a taxpayer revolt. Which might result in some "retirement" at the polls.

Very complex matter that to date has yet to address the simple matter of waste within the districts themselves. Until that is addressed, nothing will change and we will see our public education become the worst in the nation.

Posted by: Baby Snooks at November 22, 2005 01:12 PM

Here's a snippet of Chris Bell's statement:

"Rick Perry now has a choice. He can either hide behind black robes on the Supreme Court or his hand-picked campaign donors on the tax commission, or he can show real leadership and fight to give our public schools the resources they need to thrive."

Agreed. Again, while the court said that we're constitutionally OK on the adequacy of education, it's important to note that "adequate" means that 55% of students pass the TAKS test. If a student got a 55 on a test, we'd give them a failing grade.

Why, then, shouldn't we expect the same from the state?

Posted by: Phillip Martin at November 22, 2005 02:48 PM

This was a total washout for the school lobby. Their lawyers were hosed but the state.

They the school suing lost on every point where there was disagreement. The state always knew the cap of $1.50, hence the effort to lower the property taxes of the last two years, was to uniform since so many districts were at or near the cap.

I guess Perry will get his wish. More money spent in the classroom instead of the courtroom. The schools that spent money on this fool's errand should sue their lawyersm for malpractice.

Who was the idiot who thought the nine folks on the bench who campaign to not legislate from the bench actually would?

Posted by: hamiltonfan at November 22, 2005 09:43 PM

Well how about something different -- a NEW IDEA --not just from out of left field but deep center field, which pushes the envelope and is even out of the box. Instead of moving the sales tax, property tax and franchise tax "deck chairs" around on the Titanic, let's do something both the left and right wings can identify with -- in fact let's just lose the wings and act like a unified rocket that will satisfy taxpayers, schools, judges, and give the state a great big star for innovation.

Let's get rid of the school property taxes, sales tax, franchise tax, excise taxes, and a variety of fees. Let's replace all that 20th century thinking with the most progressive tax available, a very small transaction tax without exemption, deduction, or returns to file, immediately collected on all financial transactions carried out in the State and processed through an account registered to a Texas resident or company doing business here. Sounds different doesn't it? Now before you really smart folks start shooting this down, think it through carefully. The rate is the key -- if too big it will be worth considerable effort to evade it BUT if the rate is tiny and the penalties high -- why risk it? The rate to cover all expenditures of the state and the non-state part of school districts (approx $45 Billion annually) is generously 0.2% per side of every transaction. I say generous because it assumes capture of only an estimated 25% of the potential transaction tax base.

The Sharp Tax Commission and Legislature needs to officially sanction a study by, why not UT?, Law and Business Schools along with the Econ Dept to detail the exact size of the tax base, laws required to "capture" it and effects on the state in general. It is well worth the money for a chance to move to the 21st century in taxation. You can review the plan and the credibility behind it, based on a national format, at www.apttax.com. Meanwhile, I will watch this blog for questions and comments.

Posted by: Bill Hermann at November 22, 2005 10:08 PM
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