The Texas Supreme Court ruled Nov. 22 that even though the state鈥檚 property-tax-based school aid system is unconstitutional, the state provides enough money to schools to be considered adequate under the state constitution.
In a long-awaited ruling addressing a case that consolidated three separate suits, the state鈥檚 highest court ordered the state to refrain from enforcing a cap on local property taxes and gave the legislature until June 1 to change the system. But the court also ruled that the state doesn鈥檛 have to increase funding for schools.
鈥淭he public education system need not operate perfectly,鈥� Justice Nathan L. Hecht wrote in a 7-1 opinion released Nov. 22. 鈥淚t is adequate if districts are reasonably able to provide their students the access and opportunity the district court described.鈥�
The statewide cap on property taxes forces some districts to limit the amount of money they spend on their students, and thus a state-controlled property tax, a violation of the state constitution, Justice Hecht added.
In Neeley v. West Orange-Clover Consolidated Independent School District, three separate sets of plaintiffs tried to change Texas鈥� complicated school aid system, which caps the amount districts may raise from property taxes and requires more-affluent districts to share revenue with poorer ones. In the regular legislative session and two special sessions earlier this year, the legislature failed to fix the finance system.
