More School Districts Suing States For Education Funding

[proud2BlibKansan]

In a 1973 landmark decision, the United States Supreme Court ruled that education was not a Constitutional right. The case was San Antonio Independent School District v. Rodriguez and was brought by a group of parents who believed the state’s acceptance of huge funding gaps between rich and poor violated the Equal Protection Clause of the 14th Amendment. Although a state court ruled in the parents’ favor, the high court overturned the decision by a 5-4 vote, declaring that “though education is one of the most important services performed by the state, it is not within the limited category of rights recognized by this Court as guaranteed by the Constitution.”

The issue wasn’t necessarily settled because the decision didn’t prevent districts from challenging school finance plans at the state level under their own state constitutions – which explains why virtually every state in the nation has at one time been embroiled in a funding lawsuit.

The number of cases has multiplied over the past few years, however, because of state and local governments’ fiscal problems since the Great Recession. Schools in lower-income communities feel the brunt of these budget cuts hurt because their districts obviously don’t generate adequate property-tax revenue and therefore rely more heavily on state funding. According to the National Conference of State Legislatures, 10 states have school-finance challenges working their way through the courts, while another four recently settled similar legal action.

The most sweeping current challenge is taking place in Texas, where Gov. Rick Perry’s brutal cuts have crippled education and other public services. More than two-thirds of the state’s districts sued the state in 2011, arguing that by cutting $5.4 billion, the state failed its constitutional duty to provide adequate public education funding.

more ... http://neatoday.org/2013/02/04/more-school-districts-suing-states-for-education-funding/

[riderinthestorm]

1. TX has enough money to do the right thing + fund the schools - that they aren't reveals their agenda

which is obviously to cripple public education.

From the article:

"What riles education advocates in Texas is that many politicians are avoiding a constitutional commitment and continuing to push for harsh austerity measures when recent revenue estimates indicate an upswing in their fiscal outlook. In January, the state comptroller recently announced that the rebounding Texas economy has provided an additional $8.8 billion for the current two-year budget period, plus growth in the next two years. There’s money in the budget to do the right thing, said Texas State Teachers Association President Rita Haecker, that shouldn’t require a funding lawsuit."

K&R