August 30, 2014      10:06 AM
District Judge John Dietz Decision: The Cliff Notes Version
We paraphrased and condensed 383 pages into 1,200 words so you don’t have to
Dietz’s rationale for his
decision the Texas system of school finance was unconstitutional, boiled down
for the lay reader:
We start
this opinion at the point of the last school finance ruling in 2005, West
Orange Cove v. Neeley. At the time, the Texas
Supreme Court’s main finding in favor of the plaintiffs was that school
districts lacked meaningful discretion to set their own tax rates, creating an de facto state
property tax. That’s illegal. The state’s top court noted “a drift toward
unconstitutional adequacy” but stopped short of declaring the school finance
system unconstitutional.
Almost a
decade later, the kids are poorer, the standards are higher and the system has
less funding. Dietz pinpoints the initial decline to the passage of House
Bill 1 in 2006, the state’s solution to local “meaningful discretion”
over tax rates. The bill, which compressed tax rates by a third and added a
revised business margins tax, created a recurring $10 billion structural
deficit each biennium.
Texas
avoided immediate system failure by plugging $12 billion in federal stimulus
funds into the system in 2009, masking the fact state revenue pumped into the
school finance system dropped by $3.2 billion over the biennium. The subsequent
session, in 2011, state lawmakers cut $5.3 billion out of the system and Texas
Education Agency, resulting in “significant harm” to students, according
to Dietz.
By Kimberly Reeves
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