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Saturday, April 14, 2001
Robin Hood's days are numbered
AUSTIN - There's a sense of déjà vu at the Capitol these days. An issue that hounded lawmakers for years is back.
That issue is public school financing, which legislators want no part of this session. Lawmakers are embroiled with the budget, teacher health insurance, redistricting, state employee pay raises and dozens of other issues.
But school financing is looming for the next session. Legislative leaders have promised to create a committee to study the issue after this session ends May 28.
Problems for rich schools
Some school districts aren't waiting. Instead, they have filed lawsuits claiming that the school finance law, nicknamed Robin Hood, is unconstitutional and limiting opportunities for their students.
A handful of districts have joined the lawsuit so far, but more than 30 others are expected to sign on after their school boards approve such action.
At issue is a 1993 state law requiring property-wealthy school districts to send a portion of their tax revenues to poorer districts to balance the amount spent on each Texas student.
This may sound like a good idea; lawmakers were well-intentioned when they created it - or were forced to create it - in 1993. But it has created problems for wealthy districts, forcing some to eliminate programs and cut staff.
The school financing system limits districts to $295,000 of property wealth per student and the state redistributes any additional funds to property-poor districts. In 2000-01, 84 wealthy districts statewide are expected to share $522 million of their revenues with other districts.
The problem is that state law allows school districts to collect no more than $1.50 per $100 property valuation to run and maintain their schools. About one-fifth of the state's 1,000 districts have reached the tax ceiling and wealthy districts say their schools need more money.
"The system is broke," said Jimmy Creel, superintendent of Port Neches-Groves schools in Southeast Texas, one of the districts that joined the lawsuit. "We are asking the Legislature to adequately fund education for all school districts."
Creel is right. The system isn't working for everyone. On the other hand, poorer districts need the money from wealthier districts to fund programs for students with learning difficulties, train staff and purchase materials.
An old dilemma
Those districts are also right. This is the dilemma facing lawmakers - and it's not an easy one to resolve. But it's an issue that lawmakers and others are familiar with because public school financing has been a sticking point for years in Texas.
In 1989, the Texas Supreme Court ruled in favor of poor districts that sued the state, declaring the system unconstitutional because of the gap between wealthy and poor districts. The Supreme Court struck down other school-finance plans in the early 1990s but upheld the current system in 1995.
The court also warned that it could be considered a statewide property tax if too many districts reach the property tax cap. The Texas Constitution prohibits a statewide property tax.
The coming challenge for lawmakers is to devise a plan that the public and courts will accept. And the public has a huge stake in school financing because it embodies two major issues - schools and taxes.
Public opinion on this issue depends on where you live. If your local school is receiving money from wealthier school districts, you generally favor the current system. If your district is giving money to poorer districts, you are less likely to support it.
But even Texans who complain about the current system understand the need for equity in public schools.
Between now and 2003, lawmakers need to look at every possible solution to determine if there is a better way to fund public schools in Texas - even if it means restructuring the tax system in the state.
Ty Meighan is chief of the Scripps Howard Austin Bureau. You can reach him by phone at (512) 334-6640 or by email at meighant@scripps.com.
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