That depends on the Attorney General and the Supreme Court, but one way or the other it’s up to the Legislature.
State lawmakers from both parties agreed the responsibility for funding public schools falls on them. But history suggests the Legislature is reluctant to act until its hand is forced.
“I would be surprised if the 2015 Legislature does more than put this issue on hold waiting for a Supreme Court ruling,” said Scott Hochberg, a former Democratic state representative from Houston and one of Texas’ premier public education experts. “Historically, legislatures want to know exactly what it is that is being expected of them before they’ll take on these hard choices.
“Members like to say, ‘I wouldn’t have done this but the court required it,’ ” Hochberg added.
Statements made by incoming leaders in response to Dietz’s ruling seemed to support Hochberg’s predictions. While many Democrats hailed the ruling and urged lawmakers to address the issue immediately when the Legislature convenes in January, Republicans in leadership positions were less eager to promise action addressing the deficiencies identified in Dietz’s ruling.
“It is our job in the Legislature to develop the next education budget, regardless of what happens in the next phase of the legal process, and to address problems in education that go well beyond dollars and cents,” said Jane Nelson, R-Flower Mound, the incoming chair of the powerful Senate Finance Committee.
“As a former teacher, I believe in the power of education. Our budget will prioritize education and prepare our students to succeed in today’s workforce,” Nelson said. She did not take a specific stance on Dietz’s ruling.
She didn’t say much of anything, really. Hochberg is exactly right. The Lege will do what the court tells it to do, more or less. They’ve been told multiple times and still haven’t gotten it right, but I suppose hope springs eternal. The most accurate way to characterize this is that the Lege will do the least they think they have to do in order to comply. Certainly, if they are forced to find more funding for public education, they’ll do the least they can do to clear the bar. It’s hard to believe we won’t be back here again some day.
As for when the Lege gets to work on this, it depends on the Attorney General.
The school finance case could take any number of paths in the courts.
In one scenario, the Legislature takes some action next session – allocating more money to public education, for example – before the Supreme Court hears arguments. This could make the entire case moot, or it could prompt the justices to kick it back to the district court level. By that time, Dietz will have retired. His spot on the bench will be filled by Karin Crump, a Democrat who ran unopposed.
If the Legislature fails to act, or delays, the Supreme Court will take up the case. Arguments would not be heard until late spring or summer of next year at the earliest, just as the Legislature adjourns.
This could signal the need for a special session, either to address just education funding, or even the budget in general. Education accounts for 37 percent of all state funds.
A less likely, but still possible, outcome is that Abbott’s replacement in the attorney general’s office decides not to advance the case.
Sam Houston, the Democratic underdog in the race, said Thursday the ruling was further evidence of Texas’ flawed public education funding model. Signaling he might choose to end the appeal, he added, “School finance issues need to be resolved by the Legislature, not at the courthouse.”
The Lege isn’t going to act without a direct order, so you can throw scenario #1 away. If Sam Houston wins, I think there’s an excellent chance he’ll drop the appeal, just as he’s promised to drop the appeal of the same sex marriage ruling. Wendy Davis has called on Greg Abbott to drop the appeal and let the Lege get to it, but just as that’s not going to happen neither would I expect it to happen if Ken Paxton gets elected, even though the story suggests he might be open to it. There’s nothing in Paxton’s record to support that hypothesis, and I can’t imagine he’d be willing to do anything Abbott wouldn’t have done. To me, the only realistic possibilities are Abbott/Paxton appeal the ruling, either straight to the Supreme Court or to the Third District Court of Appeals first, or Houston wins and drops the appeal. As long as Abbott and Paxton believe that Judge Dietz’s ruling isn’t the final say and thus they may not have to find more money for the schools, I think it gets appealed. Abbott has 30 days to file the paperwork to get it started, so we’ll know soon enough. Burka, the Observer, and the Trib have more.