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School finance lawsuit #5

The plaintiffs keep on coming.

A lawsuit by a small group of parents claims Texas is not getting enough bang for its educational buck, and asks the state’s courts to address inefficiencies in how education funding is spent.

Attorneys plan to file their litigation Friday in Austin on behalf of five families who say Texas schools aren’t meeting their children’s needs, as well as Texans for Real Efficiency and Equity in Education, a new group formed by three entrepreneurs. The plaintiffs made a copy of the filing available to The Associated Press before submitting it to the court.

[...]

[Lead attorney Chris] Diamond said the latest suit had nothing to do with the Legislature’s budget. He said it is about parents who “feel as if their children are trapped in an unproductive system.”

Going to court to settle school finance questions has been a staple in Texas for more than 40 years. Diamond said that in past rulings, the state high court has issued opinions that “all-but invited” a legal challenge to the overall way Texas pays for its schools.

“We’ve been challenging this funding issue, but we need to hear about the basic, fundamental issues in the system,” he said.

Diamond said the idea would be to have the courts force the Legislature’s hand, and rule the system unconstitutional so as to compel lawmakers to overhaul school finance.

I couldn’t find a website for “Texans for Real Efficiency and Equity in Education” when I first googled them, which is always a bit suspicious. There was just something about what they were saying in this story that gave me an odd feeling. This confirmed it.

TREE’s founder, James Jones, said in a statement that Waiting for Superman, a documentary that highly praises charter schools, inspired him to “dedicate his personal time and resources to the cause of saving children who are trapped in dysfunctional and inefficient public schools in Texas.”

“Imagine if a parent didn’t think their child’s physician was meeting their kid’s needs and the law made it nearly impossible for them to change doctors. We owe it to our kids to do better than this,” said Jones, who runs a mineral royalty firm.

The lawsuit has high-profile supporters: Former Texas Supreme Court Justice Craig Enoch is a co-counsel, and former House Public Education Chairman Kent Grusendorf, R-Arlington, who left the Legislature in 2006, is the executive director of TREE.

In a statement, lead attorney Chris Diamond said the Texas Supreme Court has ruled that the question of funding is secondary to the question of efficiency. He said court has “issued a wide invitation for structural, qualitative reform that extends beyond the singular question of adequate funding” which the current system has not met.

Yeah, any group that has Kent Grusendorf on board is not to be trusted. I love how the story says that Grusendorf “left” the Lege in 2006. He left by getting beaten in the primary by Rep. Diane Patrick, who was backed by Parent PAC and who successfully attacked Grusendorf for his relentless hostility to public education. Subsequent googling found this press release for TREE, which in turn contained this website link. I presume Google’s indexing hadn’t caught up when I first went looking. There’s not much there, but at least they do have a website and it does contain their intervention pleading. Any lawyers want to comment on that?

The Statesman has some reactions to this effort.

Lonnie Hollingsworth, director of legal services and governmental relations for the Texas Classroom Teachers Association, said there is scant evidence that charter schools are more efficient since many of them get substantial private investments to supplement the public dollars they receive.

“It’s clearly an attempt to tag a policy agenda on a school finance lawsuit,” Hollingsworth said. “These are policy issues and they’ve been rejected by the Legislature.”

The group did not file a separate lawsuit but sought to join one of the existing suits.

Lawyers representing the school districts in the original lawsuit have the right to object to including the new plaintiffs. A judge will have the final say.

David Thompson, the lead lawyer on that suit, said no decision has been made on whether to do so. He welcomed some of the group’s arguments while disputing others.

“To the extent that there are allegations that school districts are being wasteful with funds, we strongly disagree and we believe the facts will show that school districts are being good stewards of public money,” Thompson said.

Thompson added that school districts are not afraid of competition from charter schools and are offering parents and children many new options. For example, the Austin school district recently hired IDEA Public Schools, a South Texas charter operator, to run a program out of an East Austin elementary school.

“We need to remember that 90 percent of the school-aged kids of Texas are in our (traditional) public schools, and any competition must be fair and on a level playing field,” Thompson said.

HISD does some partnering with charter schools as well. Go back and listen to my interview with Chris Barbic, the founder and now-former CEO of the YES Prep schools, in which he describes the relationship between charters and school districts as both cooperative and competitive. I will be very interested to see how the existing plaintiffs react to this. I don’t see it as a friendly intervention, but perhaps there’s more to it than I’m currently perceiving. The Texas Observer has more.

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One Comment

  1. [...] that fifth group “made up of parents” is more than a bit disingenuous. The group in question is Texans for Real Efficiency and Equity in Education, and you only have to spend a few [...]

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