Texas Education
5:00 pm
Mon February 4, 2013

Judge Finds Texas School Funding System Unconstitutional

Originally published on Mon February 4, 2013 11:27 pm

District Judge John Dietz has ruled the Texas school finance system, which serves over 5 million public schoolchildren, is unconstitutional. 

“The court declares the school finance system  is not adequately funded and therefore fails to make suitable provision for the support and maintenance of the system,” Dietz said Monday, explaining one of the reasons he ruled against the state. 

Judge John Dietz reads his decision declaring Texas' school funding system unconstitutional. Courtesy of Courtroom View Network.

The judge also said many districts are forced to levy local taxes at their maximum available rates, which in effect creates an unconstitutional statewide property tax.  

Attorneys representing three-fourths of the state’s public school students, charter schools and a business group have been in trial since October arguing for an overhaul in the way the state finances public schools.

The state argued that rising test scores and improved graduation rates are proof that the current system is working even though state funding has fallen.

The state is expected to appeal today’s ruling to the Texas Supreme Court.

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