When
one of my old country friends felt some highbinder was trying to sell him a
bill of goods he would exclaim, “That fellow must believe he can convince me
that horse manure tastes like wild honey.” The same could be said about the recent Texas Supreme Court
ruling concerning public education.
Having
presided as Senate Education Chair for many years and grappling with the thorny
problem of trying to solve the issue of public school funding, I am familiar
with the pitfalls encountered in such an effort. It is amazing to me that anybody of intelligence could look
at Texas’ current system of allocating public resources to public education and
declare it to meet the constitutional mandate of our constitution. The critical words at issue in our
state’s basic legal document is that our legislature is obligated to provide an
efficient system of free public education for the children of this state
(emphasis mine).
It
boggles my mind that our system could be called efficient when it provides some
districts with the ability to furnish twice or three times the amount of
dollars to educate the children in that district while other districts, even
though given a maximum tax effort, can produce only one-fourth as much per
pupil.
Another
clue as to whether or not our system truly meets our constitutional mandate for
free public schools for Texas children is the fact that Texas has now slipped
to 37th in ranking for what we do for public education. There have been lawsuits filed
concerning the unfairness and inadequacy of school funding in Texas since the
early ‘60's. No court having
examined the situation has pronounced our system to be what it should be. All trial judges who have examined our
system of funding have found it not to meet the constitutional mandate. Frankly, the current situation with our
Supreme Court appears, simply, to be one where the Republican Supreme Court wants
to let our Republican Legislature off the hook so they do not have to face the
reality of adequately funding public education.
In
spite of all of our political rhetoric from our governor, lieutenant governor
and past governor about wanting to make Texas first and preparing future
generations to underpin a dynamic, growing economy for the state, their
rhetoric continues not to match their deeds. In fact when things get tight, rather than dip into the so called
Rainy Day Fund, our Republican leadership led the charge to simply rob public
schools of $5 billion dollars.
Incidentally, the $5 billion has not been replaced and we are barely
keeping up with same amount for natural growth in the number of school children
in our state.
One
thing our legislative politicians should awaken to is there is another court
system that might reach a different solution than our partisan Supreme
Court–the federal court system.
Back in the ‘60's, Edgewood School District, a very poor school district
in San Antonio, filed a federal suit.
By a close vote of the panel of judges hearing that lawsuit, the court
ruled against plaintiffs, but in the process were extremely critical of Texas’
system of funding. The courts said
although the Edgewood case did not quite reach the status of being a denial of
equal protection, it was very close; and unless the state did something to
address the problem, the federal courts would take another serious look at
Texas’ system. While our past attorney
general, now our governor, and the current attorney general seem to enjoy
making a hobby out of suing the federal government, the future of our children
in Texas is far too important to continue to play political games, particularly with public education.
The
real problem that faces our legislature is there is really only one way to
solve the inequity in the way we finance public education–that is to raise
enough revenue to adequately fund our schools on an equal basis. Doing so would have the benefit of
stopping the meteoric rise in property taxes on our homes and small businesses
in the state. The means available
for doing so are very limited: (1) A
statewide property tax that would raise enough revenue and could be divided
equally among all of the schools—or, God forbid, (2) a state income tax that would
raise enough money to adequately and equitably support our schools. The other choice would be to raise the
sales tax or create some new tax to get the job done. It appears, however, that none of these options could garner
enough favor among our “no new tax” legislature to get us out of the mess we
are in.
Unfortunately,
it is my prediction that our legislature will continue to try and find
substitutes for money while trying to address our school problem. It will also continue to siphon off the
funds — that ought to be going to educate the vast majority of our children — by
authorizing more and more private and charter schools to be funded without tax
dollars, or continue to force higher and higher property taxes locally.
They
say that a true statesman is one who looks years into the future and tries to
prepare our government to address it in a way beneficial for the greatest
number of citizens. While I pray
for more statesmanship in our state, based on past practice and partisan
politics, I am not hopeful.