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Title: Court rules (Texas) school finance unconstitutional
Source:
Fort Worth Star-Telegram
URL Source: http://www.dfw.com/mld/dfw/13233574.htm
Published: Nov 22, 2005
Author: R.A. Dyer
Post Date: 2005-11-22 12:15:53 by Sam Houston
Keywords: unconstitutional, (Texas), finance
Views: 17
Comments: 7
Court rules school finance unconstitutional By R.A. Dyer Star-Telegram Austin Bureau In a landmark decision that could dramatically change how Texans pay for schools, the state Supreme Court on Tuesday ruled that the property tax system violates the Texas Constitution and gave lawmakers until June 1 to make a fix or face a possible shutdown of schools. But the court, in a mixed 7-1 ruling, found that the state provides adequate funding for schools - and therefore does not violate a Constitutional requirement that Texas guarantee a “general diffusion of knowledge” for school kids. It also rejected a lower court finding that property-poor districts don’t get enough money for facility construction. The June 1 deadline to overhaul the tax system means that Gov. Rick Perry will be obliged to call a special legislative session before the next regularly scheduled one in 2007. Five previous sessions under Perry — including three special ones — have ended with no resolution to the school finance tangle. The landmark ruling from the all-Republican court is the result of a lawsuit brought by more than 300 districts — property rich ones, property poor ones, and those in between — who alleged the current system does not provide an adequate education for students, that school districts fail to have enough control over their own tax rates, and that poor districts are treated inequitably. Citing testimony that showed a significant achievement gap between economically disadvantaged students and others, state District Judge John Dietz had upheld most of those claims in a Sept. 15 ruling. At the time, he said that Texas will suffer long-term consequences unless that gap shrinks. “This is really remarkable when you consider that over half of our public education students in Texas are economically disadvantaged,” Dietz said when he issued his ruling. “The key to changing our future is to close the gap in academic achievement between the haves and the have-nots.” But Justice Nathan Hecht, writing for the majority, noted that “the public education system need not operate perfectly; it is adequate if districts are reasonably able to provide their students the access and opportunity the district court described.” Further, he noted that “more money does not guarantee better schools or more-educated children.” This latest legal war represents the fifth over education funding since San Antonio’s Edgewood school district first sued the state in 1984. The last time the Legislature overhauled the school finance system — when it created the current share-the-wealth system known as Robin Hood — was in 1993, when lawmakers were under the gun from another court mandate. Perry and other GOP lawmakers swept into office promising an end to Robin Hood, and an overhaul of the current tax system. Lawmakers flailed at the problem during two regular sessions and three special ones — but so far, every attempt to overhaul Robin Hood has failed. The state provides about 40 percent of the roughly $33 billion spent each year on Texas public schools, the federal government provides 9 percent, and the rest comes from local property taxes. Justice Scott Brister cast the sole dissenting opinion. Judge Don Willett, who was sworn into office this week, recused himself.
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#1. To: All (#0)
Nathan Hecht recently received his '15 minutes of fame' by being romantically (sort of) linked to U.S. Supreme Court Justice (Not) Harriet Miers. All this ruling guarantees is several more special sessions of the Lege. The battle lines are still drawn with neither the suburban "have" property wealthy nor the without-a-pot-to-pee-in rural "have nots" budging one inch.
This isnt a landmark ruling.. its the same exact ruling that was madein
Kentucky. Although the judge also ruled that the very type of education needed
to be reworked which was outside the lawsuit.. it was the beginning of the end
of education in Kentucky.. although Kentucky's educational system wasn't good
..now its far worse.
Oh goodie. The hookers on S.Congress will have their tricks back in town soon.
Texas has a problem Kentucky will eventually have, given the undefended southern border. The illegals and their children do not have a tradition of schooling beyond sixth grade in Mexico. It is very hard to educate someone against his will. These residents make up a rapidly increasing percentage of the public school population. IMHO, the state should not provide free public education to residents who do not want to be educated. I have heard the other side of the argument that a well-educated citizenry is the key to economic growth, etc. However, I believe the decision has already been made to convert to Third World status large portions of the North American continent, including most of Texas. Why should I be taxed to reverse (or attempt to reverse) a decision which has already been made by the globalists?
Excellent question, indeed.
The illegals and their children do not have a tradition of schooling beyond sixth grade in Mexico. It is very hard to educate someone against his will. These residents make up a rapidly increasing percentage of the public school population. IMHO, the state should not provide free public education to residents who do not want to be educated. Look up KERA .. Kentucky Education Reform Act.. the costs are unreal.. it's outcome based education.. you may read some positive things.. re scores etc.. all manipulated BS.. what they wont say is they redistricted several districts therefore relocating some of the kids who were the best performers into poor performing districts.. thus helping the scores.. It's expensive.. it doesnt work.. and many of your best teachers will unexpectedly retire.
Bottom line - there's no work for these folks to do if they do become "educated". Increasingly the work in this country will be of two levels - the grunt work that these illegals are already doing in bulk - cleaning, agriculture, construction,food service, etc, and much higher level work that may require advanced degrees. Those of us in the middle are already fighting it out for the decreasing jobs in that middle range that might require a HS or Bachelor's degree. What these folks who support illegal immigration don't seem to realize is that these "immigrants" are not going to be perpetually satisfied, generation after generation, with the shit work of America. Like the Muslims of Europe they're going to want more. The problem is....there IS no more.
#2. To: Sam Houston (#0)
#3. To: Sam Houston (#0)
#4. To: Zipporah (#2)
#5. To: Sam Houston (#4)
However, I believe the decision has already been made to convert to Third World status large portions of the North American continent, including most of Texas. Why should I be taxed to reverse (or attempt to reverse) a decision which has already been made by the globalists?
#6. To: Sam Houston (#4)
Texas has a problem Kentucky will eventually have, given the undefended southern border.
#7. To: Sam Houston (#4)
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