Law & Courts

Texas K-12 Funding Fight Seen Headed to State’s High Court

By Andrew Ujifusa — February 19, 2013 3 min read
  • Save to favorites
  • Print

A Texas judge’s ruling this month that the state’s school financing system is inadequate, unfair, and unconstitutional, is expected to end up before the state’s supreme court, even as school funding advocates celebrate the lower court decision in a case in which more than 600 school districts took part.

State District Court Judge John Dietz, in Austin, said the plaintiffs—roughly two-thirds of all school districts in Texas—were correct in asserting that the state government’s system of funding K-12 schools did not meet the constitutional standard for providing an adequate and equitable public education for all students in the state.

The lawsuit was triggered by $5.4 billion in state funding cuts for public schools made by state lawmakers in 2011.

Districts argued that the cuts hurt their ability to meet new standards and testing requirements, such as the State of Texas Assessments of Academic Readiness (STAAR) and end-of-course tests, at the same time that their enrollments were increasing. The Texas State Teachers Association, an affiliate of the National Education Association with 68,000 members, says that since the budget cuts, 11,000 teachers have lost their jobs.

“There is no free lunch,” stated Judge Dietz in announcing his Feb. 4 ruling. “We either want increased standards and are willing to pay the price, or we don’t.”

The poorest districts in the state, despite charging more on average in local taxes, said they received roughly $43,000 less per classroom than the state’s wealthiest districts. Richer districts, meanwhile, said they still received far less funding than they should, since voters are reluctant to raise funds through higher property taxes that they believe ultimately won’t reach their local schools. Attorneys for the state government have argued, however, that the cuts were necessary in light of a $27 billion budget deficit lawmakers faced at the start of the 2011 legislative session. (The Texas legislature meets every two years.) They also said that while public schools are adequately funded in general, individual districts don’t always spend their money well.

Charter schools were also a party to the suit, asking Judge Dietz to strike down a cap on the number of charters, which the state limits to 215. They also sought state funding for their facilities. But Judge Dietz sided with the state, ruling against the charters on both counts.

Appeal Expected

In a statement after the ruling, Texas Commissioner of Education Michael Williams said, “All sides have known that, regardless of the outcome at the district level, final resolution will not come until this case reaches the Texas Supreme Court.”

In his remarks, Mr. Williams also said that Attorney General Gregory Phillips’ office had made a “strong case” on behalf of state government, but did not refer to the districts’ arguments. Mr. Williams was appointed last year by Gov. Rick Perry, a Republican, who approved the $5.4 billion in cuts to K-12 funding.

Although lawmakers in the GOP-controlled state legislature may wait until a state supreme court ruling to make big changes to school funding, there are some who believe that lawmakers should not sit on their hands and wait until the ruling to make significant changes to school funding.

On Feb. 11, for example, Democrats in the Texas House tried to force an opening for bills on school funding, but Republicans quashed the move, saying the time is not right for such action because of the next stage of the legal fight.

“I think the tide is turning, at least for right now, towards getting some relief this session,” argued Allen Weeks, the director of Austin-based Save Texas Schools, a group that supports greater K-12 funding. “That’s going to be a tough fight.”

Since 1984, courts in Texas have dealt with six such cases about the constitutionality of school funding. In 2005, Judge Dietz also ruled against the state concerning the constitutionality of K-12 finance at the time, and directed Texas lawmakers to craft a new funding system for public schools.

The Associated Press contributed to this story.
A version of this article appeared in the February 20, 2013 edition of Education Week as Texas School Financing Battle Seen Continuing, Despite Ruling

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Student Well-Being Webinar
The Ripple Effect: Mental Health & Student Outcomes
Learn how student mental health impacts outcomes—and how to use that data to support your school’s IEP funding strategy.
Content provided by Huddle Up
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar The Trump Budget and Schools: Subscriber Exclusive Quick Hit
EdWeek subscribers, join this 30-minute webinar to find out what the latest federal policy changes mean for K-12 education.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Retired Justice Souter, Advocate for Civics and Church-State Split, Dies at 85
Retired Justice David Souter, who wrote Supreme Court opinions on student strip searches and government aid to religion, has died.
4 min read
Retired Supreme Court Justice David Souter smiles during a new lecture series titled, "Constitutionally Speaking" on Sept. 14, 2012 in Concord, N.H. Souter spoke to more than 1,300 who packed a small theater to hear him.
Retired U.S. Supreme Court Justice David H. Souter, pictured participating a Sept. 14, 2012, lecture series on the U.S. Constitution in Concord, N.H., died May 8, 2025.
Jim Cole/AP
Law & Courts Trump Admin. Ends a Decades-Old School Desegregation Order—And Expects to End Others
Officials suggested that other desegregation orders dating to the Civil Rights Movement should be reconsidered.
5 min read
Students from Charlotte High School in Charlotte, N.C., ride a bus together, May 15, 1972.
Students from Charlotte High School in Charlotte, N.C., ride a bus together on May 15, 1972.
Harold L. Valentine/AP
Law & Courts Supreme Court Appears Open to Religious Charter School
The U.S. Supreme Court grappled with whether charter schools are public schools and whether the Constitution permits a religious charter.
7 min read
Supporters of charter schools rally outside of the Supreme Court on April 30, 2025, in Washington.
Supporters of religious charter schools rally outside of the U.S. Supreme Court on April 30, 2025, in Washington.
Mark Schiefelbein/AP
Law & Courts Supreme Court Poised to Back Student in Key Disability-Rights Case
The U.S. Supreme Court considered what liability standard should apply for cases brought by students under two key federal disability laws.
6 min read
The Tharpe family, pictured outside the U.S. Supreme Court in Washington, on April 28, 2025.
Gina and Aaron Tharpe appear outside the U.S. Supreme Court on April 28 with their daughter Ava, who has a severe form of epilepsy. The court is weighing what liability standard should apply to the suit for damages they filed against their school district.
Mark Walsh/Education Week