The debate over school finance has shifted across the Capitol and found its way to the Senate, as the education committee took testimony Tuesday over House Bill 2 for the first time.
Joe Wisnoski and David Anderson from the Texas Education Agency gave testimony on the House bill, and as the lawmakers reacted, the concerns of the committee became clear.
State Sen. Florence Shapiro, R-Plano, chair of the committee, expressed shock over the lack of mandates requiring monies to be spent on the programs they had been allotted for.
The part of the compensatory education funding for free and reduced lunch, technology funding and programs to ease the transition from junior high to high school all come without mandates that the funds must be spent on the programs for which they were originally intended.
"That doesn't make sense," Shapiro said. "We need to be saying very specifically what the money has to be used for."
Part of HB 2 allows students to attend school in their grandparents' district with the stipulation that the grandparent must be providing after-school care. Shapiro expressed concern the provision might cause a legal conflict between the parent and grandparent, but State Sen. Todd Staples, R-Palestine, assured the committee that the legal guardian would have the final say.
Anderson said the idea was to give more discretion to families over where their child attends school.
"This creates more options," Anderson said. "It does not create the fight."
While the bill was on the House floor three weeks ago, an amendment was added that would increase transportation funding by about 40 percent.
The amendment was added to appease rural legislators in order to secure the votes needed to pass the bill through the House. Shapiro said that while she would keep the amendment's influence in mind while making changes to the bill, the Senate will proceed however it deems necessary despite the wishes of the House.
Education Committee Vice Chairman Sen. Royce West, D-Dallas, along with the other committee Democrats, quickly raised questions over whether the bill meets the concerns of District Judge John Dietz, who ruled the state's school finance system unconstitutional last year.
When asked by West, Anderson pointed to the passages of the bill that address the court's concerns. He was only able to point out a few. Shapiro was quick to point out that the committee's focus was not on the opinion of the judge.
"No, this does not address Judge Dietz's ruling, but it is not our goal to meet the needs of one judge in one district in Texas," Shapiro said.
The case is currently on appeal to the Texas Supreme Court. Republican leaders expect the court to change the district court's ruling.
The language concerning teacher pay raises will also change by the time the Senate releases its bill, Shapiro said. The House approved an amendment to provide teacher pay raises, but it was largely rejected by the education community over speculation about whether or not the money will actually be there when it is time to pay up.
The language in the House bill says the money for the raises must come from gains in the overall funding of the district. Winoski told the committee that this would not be a uniform pay raise, because some districts will be able to pay the full $3,000 proposed raise, while others will not be able to afford it.
Houston Independent School District, by its own calculations, would be able to meet the $3,000 raise, but Dallas Independent School District would only be able to provide a $1,200 raise.
"We don't identify it that way," Shapiro said. "We put new dollars in to pay for increases in our teacher salaries, and we identify where the money comes from."
Part of the Senate plan includes the creation of a statewide property tax. The Texas Constitution prohibits such a measure, and an amendment with a two-thirds vote from both chambers would be required to make the change.
"No better equity can be provided than through a statewide property tax," Shapiro said.
The committee hopes to be finished reworking the bill by the end of the week, with the expectation of having a bill of its own by early next week.
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