State district court Judge John Dietz likened the state’s school finance case to the soap opera As The World Turns when he opened Wednesday’s hearing on whether to reconsider evidence in the trial that concluded in February.
He drew the comparison not because of the trial’s drama but because of its longevity.
“There were 13,858 episodes of As The World Turns and we are getting pretty close,” Dietz said.
After hearing brief arguments from the state and the six parties in the case, the judge announced that a new six-week trial would begin on Jan. 6 in the lawsuit that arose last summer after lawmakers cut roughly $5.4 billion from state public education funding in 2011 while the state simultaneously implemented a rigorous new testing and accountability system.
“The passage of the wealth of bills during this 83rd Legislature has created a situation where in the interests of justice we need to assay and concentrate as to whether that legislation changed the circumstances [we examined] during the 45-day trial,” Dietz said.
The two largest groups of school districts represented in the case, along with the state, were in favor of reopening evidence in the case to update the record after a legislative session in which the Legislature restored about $3.4 billion to public education funding. Changes to high school testing and graduation requirements, as well as a bill expanding the state’s charter school system, also passed.
“It’s not in anyone’s interest to allow it to go to [Texas] Supreme Court. It’d be highly likely we’d be back in this court in six months,” said attorney Mark Trachtenberg, who represents some of the districts in the case. He argued that the high court would remand the decision if it did not consider the impact of the 2013 Legislature.
All of the parties will be back in court on July 17 to determine what procedures will govern the new trial.
See here for the last update. It makes sense to hash everything out again, since there were some significant changes made by the Legislature. I don’t know that what they did actually fixes the problems that Judge Dietz outlined, but to be sure the facts are different now, and there’s not much point in having the Supreme Court rule on a decision that is no longer current. So have at it one more time, y’all.