On August 28 Judge Dietz released his written ruling, of over 400 pages, on the Texas school finance case. Last year after a three-month trial, Dietz ruled verbally that the school finance system in Texas was unconstitutional but his written decision was not released until Thursday, August 28.
The suit arose from the 82nd Legislature cutting $5.4 billion in education funding just as students were poised to take the STAAR test with tougher new state testing requirements. During the 83rd Legislature $3.7 billion in school funding was added in 2013 — using part of the money to reduce funding disparities among districts — and by cutting the number of tests required for graduation.
In his ruling, Judge Dietz highlighted the following reasons for the ruling:
- Because school districts lack meaningful discretion over local property taxes, the current system effectively imposes a state property tax.
- With regard to adequacy, the current system is structured, operated and funded so that it cannot provide the constitutionally adequate education for all Texas schoolchildren,
- The current system cannot accomplish and has not accomplished the constitutionally required general diffusion of knowledge due to its insufficient funding.
- Texas students do not have substantially equal access to the funding necessary to accomplish a general diffusion of knowledge.
Judge Dietz enjoined the state defendants from enforcing Chapters 41 and 42 of the Texas Education Code, and from distributing state assistance. The court stayed the injunction for ten months, until July 1, 2015. The stay covers the term of the 84th Texas Legislature that convenes on January 14, 2015.
In response to the ruling, Lynn Moak, the founding partner of Moak, Casey & Associates, the Austin-based consulting firm, and one of the leading expert witnesses for the plaintiffs, noted “The state has a responsibility to provide resources so that each child has access to an adequate education. This ruling holds that the state is not meeting its constitutional obligations. State leaders have called for a system that meets the mandate of a college or career ready graduation standard. The state has failed to meet the challenge of providing resources necessary to meet this standard.” Consistent with what many school and business leaders in Texas have stated for several years, Moak noted that the Texas school finance system is hopelessly out of date. When the 84th Legislature convenes in just over four months, it will address a school finance system that, according to Mr. Moak, is “a combination of an arcane structure, outdated formulas, and invalid adjustments”.
Commissioner of Education Michael Williams noted that Judge Dietz’ decision is “a first step on a very familiar path for school finance litigation in Texas. Regardless of the ruling at the district court level, all sides have known this is an issue that will again be resolved by the Texas Supreme Court. Texas is committed to finding solutions to educate every student in every classroom. However, it should be our state leaders making those decisions, not a single judge. Any revisions to our school finance system must be made by members of the Texas Legislature.” He added that the Texas Education Agency will continue to address its responsibilities to provide funding for Texas public schools based on the current system.
Most observers anticipate a likely expedited appeal of this ruling to the Texas Supreme Court.
More details on the written ruling:
Ruling: http://www.co.travis.tx.us/courts/civil/district/pdfs/school-finance-final-judgment.pdf
Findings of Fact and Conclusions of Law: http://www.co.travis.tx.us/courts/civil/district/pdfs/school-finance-findings-conclusions.pdf
