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July 07, 2005

Texas Justices Seek Role in School Funding

At the end of the day, if one takes clues from the hearing, we might expect to see the tax cap lifted by the Court so that property-rich districts can go above $1.50 in their tax rates.

Then if a majority of justices agree with MALDEF claims that funding formulas for low income students, for limited English proficiency students, and for facilities represent "substantial defaults" by the legislature in meeting its constitutional obligations, the Court may send the legislature back to work on another round of school legislation.

As for the more general question of "systemwide adequacy" there were a couple of clues that readiness for college might serve as a reasonable baseline for a Court standard. Whereas more rigorous test systems would seem to show that the state is hard at work, the performance on those tests combined with poor graduation rates might encourage a majority of the Court to support a more sweeping indictment, especially if they adopt trial court findings that the legislature has not provided funding needed to provide the children of Texas with their each and every right to an adequate education.

Other than glaring inequities in facilities funding, justices seemed not to be very interested in other questions of equity. None of them referenced a brief filed on Friday by the ACLU, NAACP, and LULAC asking for a 'bright line' ruling on equity that would treat every school dollar as sharable. The State's repeated reference to 'equity up to the point of adequacy' met with no challenges. What's 'good enough' for Texas children will continue to depend on where they are born.

Texas Supreme Court Justices Seek Role in Education: Reviewing the Oral Arguments Texas Civil Rights Review

Posted by gregmoses at July 7, 2005 07:16 PM

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