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What kind of ruling might we expect in the school finance case?

KUHF explores the possibilities.


Four major scenarios to watch for:

  1. The Texas Supreme Court could not rule at all. Instead, it could send the case back to the lower court to see if the latest $2.5 billion dollars to the education budget solves the problem. “And the court could say, you know, we need more fact-finding to determine what the actual impact of those changes were, this case isn’t’ ripe,” said [Marisa] Bono, southwest regional counsel of MALDEF, the Mexican American Legal Defense and Education Fund. “We think that the likelihood of that is pretty small. But it’s a possibility.”
  2. The justices could make a major sweeping decision in favor of school districts. “And that would require the Legislature to come up with some way of either putting significantly more money in the system, or requiring local taxes to go up, or state taxes to go up or to require wealthy districts to share even more of their wealth with the poorer districts,” explained Al Kauffman, a veteran school finance attorney and also a professor at St. Mary’s University School of Law in San Antonio.
  3. Or the court could rule the opposite. That would be a win for the state, if the court overturns the trial judge’s entire decision that declared the school finance system unconstitutional. “I guess that’s an option that I don’t like to think about,” said Chandra Villanueva, a policy analyst with the Center for Public Policy Priorities, a left-leaning think tank in Austin. “But they can just completely dismiss the case and say it has no standing. But I feel that this is such a strong case that it would be really surprising if they threw out everything.”
  4. In fact, it’s the largest school finance case to ever reach the Texas Supreme Court. It involves the most school districts, the most data and the most legal arguments. That brings the law scenario, which is a combination or piecemeal ruling. The justices could uphold one part of the case and overturn another. State Sen. Paul Bettencourt, R-Houston, said that’s what he expects. “We can use a good review from the Supreme Court to hit a generational reset button and take all of this into account in the next legislative session,” he said.

Depending on when it arrives, the ruling could force a special summer session or lawmakers could hash out school finance in the next regular session in 2017.

And when will the ruling come?

It could be any day. But Chief Justice Nathan Hecht said definitely by the end of June.

Obviously, scenario 2 is what I’m rooting for. District Court Judge John Dietz already took into consideration the money that was put back into the system in 2013, so I don’t know what purpose option 1 serves. Surely no further evidence is needed to show the inequity between districts. Option 3 is too gruesome to contemplate, while Option 4 is a big “it depends”. I will be disappointed with anything but #2, but the others are all possible to some extent.

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  1. […] to print it out and then whack Dan Patrick over the head with it, I’ll demur. Either we get a favorable ruling from the Supreme Court in the school finance lawsuit, which forces the state to finally do more for education, or we […]