The Fort Worth Star-Telegram is carrying a report that several of the attorneys who represented the school districts in the West Orange-Cove lawsuit are calling for possible additional litigation should the Legislature not provide additional funds for public education. The article quotes attorney George Bramblett as saying "absolutely, positively. Write it down," there will be additional litigation if no additional money is put into the system. The article further states that school attorney Buck Wood is going to recommend that his clients return to court as early as January.
Based on the language in the Court's opinion, I agree that these attorneys are correct -- if no additional funds are put into the school finance system, it appears that the Court would find in a subsequent lawsuit that funding is inadequate.
Having said that, I feel that calls for additional litigation are premature. However, the most troubling aspect of the Star-Telegram's report is Rep. Gruesendorf's continued "us" against "them" attitude (i.e., "If it is their intent to keep us in court for an indefinite period of time . . . ."). It is this attitude that has lead to 2 failed regular sessions and 3 failed special sessions in the last 24 months.
Perhaps the more constructive approach would be one that included all stakeholders at the table to devise a reform plan for education finance that is both equitable and adequate and provides long term, stable funds for Texas public education. Let's hope that that is the direction this discussion takes, rather than additional litigation or a continuation of the "us" against "them" approach.
Posted on Thu, Nov. 24, 2005
Lawsuits will go on, some say
STAR-TELEGRAM AUSTIN BUREAU
AUSTIN - Despite a ruling from the Texas Supreme Court, the state may find itself back in court -- and soon -- in the legal tug of war over school finance.
That's the word from some attorneys and analysts who say the high court's 7-1 decision Tuesday leaves the door open to continued challenges over the adequacy of school funding and the equity of funding between property-rich and property-poor districts.
Litigation has become a permanent part of policy-making on school finance, said Wayne Pierce, who leads the Austin-based Equity Center, which represents hundreds of property-poor school districts.
"If we were out of the court forever, it would be the worse thing that happens to our children," Pierce said. "It's through this system of legislation and litigation and politics and the law, and the interaction of all that, that we move forward. There are some legislators that need us to go to the courts in order to provide the direction they need."
The high court found Tuesday that by giving districts too little discretion on property-tax rates, the state imposes a de facto statewide property tax, violating the Texas Constitution.
The court rejected separate claims that property-poor districts get a bum deal and that there's not enough money for education generally. But attorneys for the more than 300 school districts that sued the state said that with more evidence, the high court might find differently.
Does that mean there might be more lawsuits in the state's future if lawmakers don't put more money into the system? "Absolutely, positively. Write it down," school attorney George Bramblett said. Buck Wood, another school attorney, said he would recommend that his clients return to court as early as January.
Such talk of litigation has state Rep. Kent Grusendorf, R-Arlington, seeing red. He said the Supreme Court ruling should finally give lawmakers the impetus they need to overhaul school finance.
Talk of more lawsuits is not helpful, he said.
"If it is their intent to keep us in court for an indefinite period of time, the Legislature would have to take a serious look at that issue," said Grusendorf, chairman of the House Public Education Committee. "This is not how our Constitution was intended, to have never-ending litigation. This is not a wise expenditure of tax dollars [by school districts]. It might be good for certain trial lawyers, but it's not good for the schoolchildren of the state."
Texas has gone to court over school finance before. The first of the so-called Edgewood suits, which forced lawmakers to provide more equitable treatment for property-poor districts, was filed more than 20 years ago. The most recent litigation is over funding adequacy as well as funding equity.
Grusendorf said any fix to the tax system would lead to lower local property taxes, which should make the system more equitable. But it's unclear whether lawmakers will also improve adequacy by pumping appreciably more money into public education.
Previous plans added little funding beyond that needed to cover enrollment growth and inflation. Grusendorf would not say whether a new plan would include greater overall funding, although he said it would call for a more efficient expenditure of school funds.
ONLINE VOTING RESULTS
Here's how readers responded to the question "Do you believe the Legislature will meet the court-mandated June 1 deadline to fix the school finance system?"
Yes: 102
No: 1,058
Total number of votes: 1,160
The question was posted at www.star-telegram.com from 12:40 p.m. Tuesday to 8 p.m. Wednesday.
R.A. Dyer, (512) 476-4294 [email protected]
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