LUBBOCK -
Byzantine, but constitutional that's the decision from the state's highest court on the school finance lawsuit. It's been a long drawn-out process involving more than 600 school districts including Lubbock ISD.
The court's ruling states Texas school children deserve: "Transformational, top-to-bottom reforms that amount to more than Band-Aid on top of Band-Aid."
It is not the news Lubbock ISD Superintendent Berhl Robertson wanted to hear.
"I'm disappointed as I'm sure many educators are," he said.
Lubbock ISD one of hundreds of plaintiffs in the thick of a legal battle that started four years ago. The school districts suing the state claiming classroom funding is inadequate and unfairly distributed after the legislature in 2011 cut $5.4 billion in school funding.
"It appears they didn't rule in favor of the districts at all, but did indicate there needed to be some fixes, because it is imperfect and it certainly is," Robertson said.
The Texas Supreme Court ruling the state's school finance system, quote, "meets minimum constitutional requirements." Former State Board of Education Member Bob Craig explains.
"Even though the school district ruled against the school districts and in essence for the state, they have indicated they are going to continue to monitor it," he said. "I think you have to look at the concurring opinions that were rendered especially by Justice Guzman who talked about things may be constitutional, but that doesn't mean things are all still good."
Robertson said he is most disappointed with the equity piece of the lawsuit.
"Because if you analyze the school finance formula today, if you are from the outside, you would think that some children are worth more than others, he said. "If you looked at that as a state, you would think Lubbock County students specifically Lubbock ISD students are worth less than a Frisco or Plano ISD student is worth."
Craig expects this to be the main issue in the next legislature and says lawmakers need to find a solution that addresses both equity and adequacy. Lieutenant Governor Dan Patrick is optimistic.
"School funding is always going to be an issue, it is half of our budget. and again, with the difference in property values this all ties into property tax I mean this is a big issue," he said. "We will figure it out."
Robertson said some positives will come out of this.
"I am an internal optimist," he said. "So we will work tirelessly to make sure we get a system that is good for our kids to the extent we can."
Governor Greg Abbott Statement:
"Today's ruling is a victory for Texas taxpayers and the Texas Constitution. The Supreme Court's decision ends years of wasteful litigation by correctly recognizing that courts do not have the authority to micromanage the State's school finance system. I am grateful for the excellent work of the State's lawyers at the Attorney General's Office, without whom this landmark ruling could not have been achieved."
Lt. Governor Patrick Statement:
AUSTIN - Today, the Texas Supreme Court confirmed what we already knew. Texas' school finance system, while imperfect, is constitutional.
I will continue to look for ways to improve our state's school system performance and quality, while developing options to expand school choice for students across the state.
Equity Center Statement:
We clearly are disappointed with the Supreme Court's decision against the schools in the Texas Taxpayers & Student Fairness Coalition case. We have steadfastly believed, and continue to do so, the record was strong enough to justify a ruling for the children and taxpayers. But, the Court has spoken, and it is the court of last resort, other opinions and conclusions notwithstanding.
Constitutional, however, does not mean the system is not problematic--as the Court itself wrote in its opinion and both concurring opinions. In Justice Guzman's words on page 11 of her concurring opinion,
"Constitutionality is a minimum standard-a guarantee-not a cap on our expectations or our potential."
This process has not been in vain. An exceptional record that clearly documents the inefficiencies and inadequacies of the current system has not been erased. The truth is there for all to see.
Our school finance system is undeniably broken, and fails to serve the needs of Texas children. Whether judged constitutional by this Court or not, the system must be changed.
The future of Texas public education now rests in the hands of the Texas Legislature. It is our greatest hope that they will accept the responsibility to do what the Court has not--stand up for all Texas children and taxpayers.
The Association of Texas Professional Educators Statement:
AUSTIN, Texas - The Supreme Court today reversed a lower court ruling that the state's school finance system is unconstitutional. The court concluded that the funding regime meets minimal standards required by the state constitution. The state's largest educator group, the Association of Texas Professional Educators (ATPE) said today that the court rightfully acknowledged that the current system of funding our schools "is undeniably imperfect" but that the burden to fix it lies with the legislature and not with the courts. Nevertheless, ATPE is naturally disappointed that the court applied such a low standard for evaluating the resources that go into making our public education system work at the same time that students and educators are being held to such high standards.
"It's unfortunate that the Supreme Court has decided the minimum is enough for Texas public school children," ATPE Executive Director Gary Godsey said. "As ATPE has done for years, we will continue to press lawmakers to take responsibility for crafting solutions that will make our school finance system not simply 'minimally' acceptable under the constitution, but in line with all of the state's other expectations for our public schools. The burden is on the legislature to act, but it is also on voters to elect lawmakers who will have the fortitude to make the necessary decisions."
ATPE hopes that the legislature will respond to today's decision by working with the input of stakeholders to improve the current system and curb the "serial litigation" that the court noted in its decision today has plagued our students who "deserve better."
