By Bill Zeeble, KERA reporter
http://stream.publicbroadcasting.net/production/mp3/kera/local-kera-490449.mp3
Texas Supreme Court Declares School Funding Plan Unconstitutional
Dallas, TX – Bill Zeeble, KERA 90.1 reporter: This decision upheld part of a 2004 ruling from Travis County District Judge John Dietz, who declared that the current system has created an illegal tax. But the court also over-rode part of Dietz's ruling, finding total education funding adequate, and access to facilities money by poor and wealthy districts equitable. Attorneys for the hundreds of property- wealthy districts that brought the suit were ecstatic.
George Bramblett Jr, Plaintiff's attorney: Today is a great day for the state of Texas
Zeeble: George Bramblett Jr. is a Dallas lawyer with the firm of Haynes & Boone
Bramblett Jr. : The court's historic decision will be applauded by educators, teachers, parents and students across the state.
Zeeble: Attorneys said this decision will force change that'll help all districts, but Fort Worth ISD's Superintendent, Doctor Melody Johnson, wasn't so sure.
Dr. Melody Johnson, FWISD Supt: I'm extremely disappointed on adequacy-equity issue. What that does is leave in place a system that says its okay for some children to have greater access and opportunities than others in Texas, and that I find unsettling.
Zeeble: Legislators however, have been trying through regular and repeated special sessions, to increase education funding. Scott McCown, who heads Austin's Center for Public Policy Priorities, and was the judge in the original school finance case, believes this decision will finally lead to a solution:
Scott McCown, Director of the Center for Public Policy Priorities in Austin original school finance judge: We haven't had an opinion and a deadline from the Texas Supreme Court. Now we do, and I think sometime this spring the governor will call the legislature into special session, and they'll pass a new law and I'm very much hoping it provides an adequately funded, equitably funded system and does so with increased state dollars, reducing local property taxes so we can get away from the unconstitutional state property tax.
Zeeble: Plaintiff's attorney Philip Fraissinet agrees, noting this ruling says the current funding system comes too close to violating the constitution.
Philip Fraissinet of Bracewell & Giuliani: So I think anyone who reads this opinion in good faith sees it as a very strong warning from 7 judges of the supreme court, that some action needs to be taken and this issue can be represented to courts in the future if this action isn't taken.
Zeeble: The Robin Hood recapture plan where wealthier districts send money to poorer ones, can remain. But Senator Florence Shapiro, of Plano, who chairs the Senate Education Committee, says the overall school funding system, including the property tax cap which many districts have already hit, must change
Texas Senator Florence Shapiro: Let's make sure that the dollars we're spending are going to produce a student that will graduate. That's the most important issue right now, and that to me we were given the green light and said yes, continue with your education reform issues. We still need a work product at the end of the day that we can all be proud of.
Zeeble: Shapiro expects the Governor will call a special session before the March primary but the pressure's now on to fashion a new plan by the June 1st deadline. If lawmakers fail, the Supreme Court would then force Texas schools to close. For KERA 90.1 I'm Bill Zeeble