In 2005, the Texas Supreme Court held that the state’s system of funding public education was unconstitutional. Governor Rick Perry and the 79th Legislature faced a choice: they could design a new system of school finance that would properly fund the rapidly evolving needs of public education for the 21st century in the nation’s second-largest state, or they could cobble together a temporary, band-aid fix on the cheap.

Unfortunately, they chose the latter. The Texas Constitution says public education is the state’s most important responsibility. However, that’s not how Perry and his allies in the Legislature saw it. House Bill 1, which the Legislature passed in special session in May of 2006, was about re-electing a governor in November of that year, not about meeting the education needs of Texas schoolchildren today and into the future. HB 1 was about Perry’s campaign promises of cutting voters’ property taxes, not about properly funding Texas public schools that determine the future of this state.

This law lowered local property tax rates for maintenance and operations from a maximum of $1.50 to $1 per $100 assessed valuation. The state then picks up the difference. But HB 1 does not properly, or even adequately, fund public education. It freezes state funding at 2005-06 levels, providing no new money for higher fuel and food prices, employee pay raises or even inflation. To make matters worse, the law severely restricts how much districts and their voters can raise local taxes to meet those changing needs.

A district can raise its tax rate for M&O by 4 cents per $100 assessed valuation without seeking voter approval. Anything more than that requires an election. (Prior to HB 1, a school board could raise the M&O rate by up to 8 cents without voter approval.)

HB 1 limits how much voters can approve increasing the tax rate for this purpose to no more than 13 cents – from $1.04 to $1.17 – no matter what a district’s unique local needs might be or the willingness of the voters of that district to approve a higher tax rate for M&O. It is obvious that lawmakers do not trust voters much more than they trust the local school boards those voters elect.

HB 1 also takes away the benefit districts used to receive from increases in property valuation. The state now siphons off that enhanced revenue stream, so districts cannot use it to meet changing needs.

In 2006-07, 106 school districts around the state held successful tax rate/rollback elections. In 2007, about 25 districts saw proposed tax rate changes defeated at the polls. In 2008, at least 89 districts will hold tax rate elections.

According to information compiled by Joe Smith of the TexasISD.com website, 97 districts have already maxed out their allowable M&O rates, at $1.17. Depending on how many proposed tax rate changes pass this year, that number will almost double. Soon, Texas will once again have what amounts to an unconstitutional statewide property tax, and the state Supreme Court will once again order the governor and Legislature to design a new school finance system. However, we cannot expect better results from this do-as-little-as-possible governor and Legislature.

The schoolchildren of Texas should not have to wait for the state to fix a school finance system that is clearly broken. They deserve a system that properly funds public education and is flexible enough to meet the 21st century’s rapidly changing needs. They deserve that now, not years from now.

In 1973, the U.S. Supreme Court decided San Antonio Independent School District vs. Rodriguez, which was the first case that challenged the constitutionality of Texas’ public school finance system.

“Certainly innovative thinking as to public education, its methods, and its funding is necessary to assure both a higher level of quality and greater uniformity of opportunity. These matters merit the continued attention of the scholars who already have contributed much by their challenges. But the ultimate solutions must come from the lawmakers and from the democratic pressures of those who elect them,” the nation’s highest court held.

Three-and-a-half decades later the way Texas funds its public schools still needs major reform, not more political gimmickry. The fault for that rests squarely on the steps of that pink granite building in Austin and on the Governor’s Mansion across the street.

The democratic pressures to bring about this change have to come from Texans who believe the state must find a better way to fund its most important responsibility. The pressure has to come from us – from school board members, from administrators, from teachers, from education support professionals, from parents. We must elect public officials who share our belief that every child in Texas deserves a great, and properly funded public school.

Is it important that you are covered by a good health insurance plan? Do you want to make sure that when you retire you will be able to live on your retirement benefits? If these things are important to you, then you will want to become a Continuing Contributor.

Elected officials make many of the decisions that affect your profession, especially the level of salary and benefits you receive. TSTA recognizes how important these elected officials are to your future and that is why we are involved in the political arena and have created the TSTA Continuing Contributor Program. The Program is under TSTA’s Political Action Committee.

Our Continuing Contributor Program serves as a vehicle for members who want to be involved in the political process. Through the Continuing Contributor Program they contribute money to help TSTA elect public officials who are supportive of educators and public education and will vote for salary and benefit increases. They become Continuing Contributors by contributing money either through bank draft or payroll deduction. They may also make a one-time contribution to the fund.

Because TSTA dues money cannot be used to elect public officials, we must count on our members making contributions to our Continuing Contributor Program fund. We need every TSTA member to do his or her part and give to our Continuing Contributor fund. Click here to download a new Continuing Contributor form. Fill it out, attach a voided check and send it to TSTA-PAC, 316 W. 12th St., Austin, TX 78701. Please do it today!

If you would like to support TSTA’s efforts to increase your salary and benefits, become a Continuing Contributor or give a one-time contribution. Write to Continuing Contributor Program, TSTA-PAC, 316 W. 12th St., Austin, TX 78701; call 877-ASK-TSTA, ext. 1257; or send an email to Adriana Montoya.