Schools' lawyers, state argue over state funding system

Fifteen lawyers representing six different plaintiff groups crowd one side of the Travis County courtroom of state District Judge John Dietz on Monday in Austin. The sweeping school finance trial involves about two-thirds of Texas' school districts. The case is expected to eventually end up in the Texas Supreme Court. less Fifteen lawyers representing six different plaintiff groups crowd one side of the Travis County courtroom of state District Judge John Dietz on Monday in Austin. The sweeping school finance trial involves about ... more Photo: Ralph Barrera Photo: Ralph Barrera Image 1 of / 1 Caption Close Schools' lawyers, state argue over state funding system 1 / 1 Back to Gallery

AUSTIN - Lawyers representing hundreds of school districts challenging the state's school funding system argued Monday that it's "hopelessly broken," but an attorney for the state said the situation isn't as dire as the districts portray.

More than 600 school districts are suing the state, alleging that Texas lawmakers are not providing enough money or equitable funding for 5 million children attending public schools.

"It is hopelessly broken," Richard Gray, one of the schools' lawyers, said of the state's school funding system. "It is not only inadequate, it is irrational, it's unfair and most importantly, it's unconstitutional."

Assistant Attorney General Shelley Dahlberg disagreed.

"We might have an impending crisis today, but it is not a crisis," Dahlberg told state District Judge John Dietz.

The Texas Supreme Court rejected school district claims of inadequate funding with a 2005 ruling that the existing system was an impending crisis, but not a present crisis. Dietz referred to that ruling multiple times at the start of the trial that is expected to run through mid-January.

The case is likely to end up back before the Texas Supreme Court, which found in the 2005 decision that the public education system cannot make continued improvement without "increased funding, improved efficiencies or better methods of education."

Dietz said, "Here we are eight years later and it appears to me that there is an invitation by the Supreme Court to examine, if in this interim, have there been improved efficiencies, increased funding or better methods of education."

Higher standards set

Four groups of school districts, which collectively teach about 75 percent of Texas' public school children, are suing the state. All cite inadequate funding suits.

Lawyers for the districts told Dietz they would produce witnesses to support their claims that funding for the state's 1,024 school districts is inequitable and inadequate.

The Legislature has increased academic standards and imposed a more difficult test - the State of Texas Assessments of Academic Readiness (STAAR) - to measure student performance, but it cut public education funding by $5.4 billion last year.

Dahlberg suggested the lawsuits are inspired by school districts whose leaders are unhappy "because they have had to do more with less."

She dismissed school districts complaints about the STAAR as premature, saying students would steadily improve just as they did years ago when the tougher Texas Assessment of Knowledge and Skills test arrived.

'Big football stadiums'

Dahlberg urged the judge to grill school officials on their spending habits. Are they offering curriculum and classes not required by the state, she asked? How about extracurricular activities, including sports?

On cue, the judge wondered about "big football stadiums."

Dietz asked the schools' lawyers if they would provide evidence of the cost of providing an adequate education. They assured the judge they would.

"The numbers are large," said Gray, who represents the Texas Taxpayer and Student Fairness Coalition, which includes nearly 440 school districts. "But we are dealing with large standards and high expectations placed upon our school districts and our children."

Charter schools

Two other groups, promoting charter schools and more educational choices, are involved in the lawsuit. Lawyer Robert Schulman represents several charter school parents and the Texas Charter School Association. They want the court to require legislators to provide money for school buildings and classrooms and to lift the current cap of 215 charter schools.

"Texans for Real Efficiency and Equity in Education" and the Texas Association of Businesses want the court to rule the current system inefficient because it denies parents choices in where to enroll their children. They want competition "and just importantly, the ability for consumer-driven, supply-side change in the system," lawyer Christopher Diamond told Dietz.

"We ask this honorable court to focus on equity for Texas school children – not just equity for school districts," he said.

gscharrer@express-news.net