All 9 Tex. Supremes Agree: School Finance System Constitutional

May 13, 2016 by

“All 9 Tex. Supremes Agree: School Finance System Constitutional”

By Donna Garner


[FROM DONNA GARNER: All 9 Texas Supreme Court Justices Agree – Elected Members of the Texas Legislature Have the Constitutional Right and Authority To Decide How Texas Schools Should Be Funded

This is a great ruling. In my opinion, before the lawsuit was even filed, school administrators should have been required to prove the following:

(1) Prove to the taxpayers of Texas that more dollars definitely will equal increased academic achievement. This proof must come from independent, peer-reviewed research that has been replicated in various school districts throughout the country.

(2) Produce documentation to prove that the dollars that have been sent in the past to Texas school districts have resulted in increased academic achievement.

My other comments are posted in Pt. 1 and Pt. 2 at the bottom of this page. – Donna Garner]


“Texas Supreme Court upholds school finance system as constitutional”

By Robert T. Garrett

Excerpts from this article:

AUSTIN — The Texas Supreme Court on Friday unanimously upheld the state’s school finance system as constitutional, even if flawed.

The edict – the state’s first big win in more than three decades of school finance lawsuits – validates assertions by Gov. Greg Abbott and GOP legislative leaders that the state’s school system is making improvements.

Abbott and legislative leaders also argued that how much money lawmakers give the schools is a “political question” for the executive and legislative branches, not the courts.

“Despite the imperfections of the current school funding regime, it meets minimum constitutional requirements,” said an opinion by Justice Don Willettthat was joined by all eight other justices. Five joined two concurring opinions but there were no dissents.

… “But our judicial responsibility is not to second-guess or micromanage Texas education policy or to issue edicts from on high increasing financial inputs in hopes of increasing educational outputs,” Willett said.

“Judicial review, however, does not license second-guessing the political branches’ policy choices, or substituting the wisdom of nine judges for that of 181 lawmakers.”




(Originally published on 3.22.11, republished on 10.24.12) – Pt. 1 of 2: “School Funding Lawsuit in Texas” — By Donna Garner – —

Pt. 2 of 2: “Texas’ Lawsuit: Texas Schools Can Cut Spending” — By Donna Garner – —

Donna Garner

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