Texas educators and Democratic congressional allies, however, say the strings are necessary because of the way Gov. Rick Perry and the Legislature handled federal stimulus money last year.

The issue pits all of the state's major education groups against state legislative leaders and involves Texas' share of funding for emergency education jobs in a bill expected to get final congressional approval next Tuesday.

Texas congressional Democrats inserted an amendment they say is necessary to ensure the money goes to school children and Texas teachers. Educators remain unhappy that some $3 billion in federal stimulus money for Texas education last year was used to replace state money instead of increasing the investment in public education.

The bill moving through Congress would require Perry to certify that the emergency education money would not be used to replace state funds and that education funding would not be cut proportionally more than any other program.

Lt. Gov. David Dewhurst said on Thursday the state would sue if the measure passes.

Litigation could hold up the funding and deprive school districts of funds needed to avert layoffs, said U.S. Rep. Lloyd Doggett, D-Austin, author of the amendment.

"This money could begin flowing to these school districts now," Doggett said. "The only thing stopping it is Governor Perry's decision on whether to certify that federal education dollars will get to the school boards for local purposes."

The governor cannot commit a future Legislature or make promises on behalf of the legislative branch, said Dewhurst, who complained that Texas is the only state singled out by the amendment.

"It is so obvious. I can't understand why folks seem to be confused on this," he said.

'We have had enough'

Doggett, however, said the amendment was included to address the needs of parents and school leaders across Texas.

"This amendment says we have had enough," Doggett said. "We overcame the opposition of the Obama administration, and we are writing into federal law a requirement that provides accountability for taxpayer dollars and prevents federal education dollars from being diverted again from local schools."

Because Texas faces a severe budget shortfall next year, some educators worry that federal funds intended for education again will get diverted to fill budget gaps.

"We urge you to prevent history from repeating itself and ensure that any funds Texas receives go to help Texas schools, teachers and students," Texas educators said in a letter to congressional leaders. "We hope that you will ensure that Texas school districts do not fall through the legislative cracks this time around."

About 40 Texas school superintendents and seven education groups, including the Texas Association of School Boards and the Texas Association of School Administrators, signed the letter. Houston Independent School District Superintendent Terry Grier and Cypress-Fairbanks ISD Superintendant David Anthony signed the letter.

The state's two U.S. senators — Republicans Kay Bailey Hutchison and John Cornyn - opposed Doggett's amendment to HR 1586.

"Texas Democrats in the House of Representatives must take corrective action on this next week. If they don't, they are authorizing an unelected bureaucrat in the Obama administration to spend Texas tax dollars on schools in other states like California and New York," Cornyn said. "Texas children shouldn't have their education shortchanged because of petty partisan politics."

Doggett said he is confident the amendment will survive on the up-or-down vote on the FAA Reauthorization Act.

Perry says he's appalled

In a statement from California, where he is attending a fundraiser and taking some personal time, Perry said: "It is appalling to think other elected officials in Congress, especially Texas' Democratic congressional delegation, would forsake the interests of Texas schoolchildren for partisan politics."

Some educators see it differently.

"This funding isn't about politics in Washington or Austin; it's about children and getting the resources they need into their classrooms," said Brock Gregg, a spokesman for the 115,000-member Association of Texas Professional Educators.

"Governor Perry is merely being asked to pledge not to cut education funding more than any other part of the state budget," he said. "Unfortunately, even though the state is predicted to be nearly $18 billion short on revenue, the governor is playing politics with education funding that Texas needs."

gscharrer@express-news.net