| HPISD joins challenge of finance law District a defendant in another suit 04/11/2001 By Lee Zethraus / The Dallas Morning News Highland Park Superintendent John Connolly said property-wealthy districts have turned to the courts for help, convinced that no meaningful financial relief will come from this legislative session on the state's school finance law.
And as of Monday, the Highland Park district finds itself in two lawsuits asking that the law designed to equalize public school funding be declared unconstitutional under state law.
On Monday, Dr. Connolly joined a dozen superintendents as they announced that a lawsuit had been filed in Travis County District Court challenging the state's share-the-wealth finance system. While Highland Park is not a primary plaintiff, it is among 33 districts expected to join the suit, he said. The Highland Park district, along with the Dallas school district, are also named as defendants in a lawsuit filed last week by taxpayers seeking that the law dubbed by critics as "Robin Hood" be overturned.
"We don't know yet what we will do," Dr. Connolly said of the suit filed by two Dallas and two Highland Park taxpayers.
"We comply with state laws. This is a state issue. Problems with school funding impact every child in every public school district of this state. But, given the inadequacy of school funding, and the over-reliance on property tax, I'm a little surprised there hasn't been some taxpayer litigation in some district across the state before now."
Highland Park school board president Bob Dransfield said he has been looking over the suit filed last week.
"I imagine since it is really seeking the same thing, that the law be overturned, it will be consolidated into the lawsuit filed Monday," Mr. Dransfield said.
The suit filed against the state Monday contends that because many districts are operating at a tax rate of $1.50 per $100 assessed valuation, the maximum allowed by state law, the $1.50 has become a statewide property tax. Such a tax is prohibited by the state Constitution, said Coppell Superintendent Buddy Echols, whose district is a plaintiff in the suit along with the three East Texas districts, La Porte, West Orange-Cove and Porte Neches-Groves. About 200 districts are at the $1.50 rate, with many more quickly approaching the limit, district officials have said.
Under the finance law, 84 districts deemed property-wealthy are required to give up a portion of their local property taxes to the state for redistribution to districts with less property wealth. Property-wealthy districts estimate they will give up about $522 million this year under the plan. Payments are based on a district's property values and student enrollment.
Many superintendents have said the law has become onerous, and many districts are facing staffing and program cuts to pay for redistribution.
In Highland Park, the district is bracing to lose more than 60 percent of its tax revenues next year, some $48.5 million, under the state's school finance system. District officials said $32.1 million could be retained for local operations.
"You don't have to be dead to sue," Dr. Connolly said of districts struggling financially under the law. "Diagnosis of death is good enough for that.
"This goes back to the obligation of the state to level up districts to an adequate level of funding," he said. "The state of Texas is the solution."
District officials said they had hoped the Legislature would address school funding this session. In January, acting Lt. Gov. Bill Ratliff announced that legislative leaders would appoint a special commission to address the school finance issue after the session ends. However, if a new funding system is recommended, the earliest that lawmakers could act on the recommendations would be the 2003 legislative session.
But by then it may be too late, district officials said. Mr. Echols said his district has "hit the wall" and is considering cuts in special education, music, art and elementary Spanish.
Superintendents said it is time the state do its part to fund public education, which is paid for through state aid, property taxes and some federal funds.
"Robin Hood is no longer an agent of the poor; it is an agent for the state," Dr. Connolly said. "If you look at the last decade, the burden of Robin Hood fell to the taxpayer. If you look into the next decade, that burden will fall to every public school child in this state."
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