Scholar: St. Mary's Law Review on Race and Social Justice
The Texas Supreme Court has now fully retreated from a powerful line of previous Texas Supreme Court decisions protecting the rights of public school students and low-wealth districts.' Returning to Texas history's dual system of poor districts and wealthy districts, the Court removed itself from its constitutional role as a vital ingredient in progressing toward school finance equity and adequacy and has instead regressed to a dual school system in Texas that is divided between poor and wealthy districts.
This regression becomes evident by analyzing seven major school finance decisions: (1) Edgewood Independent School District v. Kirby (Edgewood I); (2) Edgewood Independent School District v. Kirby (Edgewood II); (3) Carrollton-Farmers Branch Independent School District v. Edgewood Independent School District (Edgewood III); (4) Edgewood Independent School District v. Meno (Edgewood IV); (5) West Orange-Cove Consolidated Independent School District v. Alanis (Edgewood V); (6) Neeley v. West Orange-Cove Consolidated Independent School District (Edgewood VI); and (7) Morath v. Texas Taxpayer and Student Fairness Coalition (Edgewood VII).
Albert Kauffman, The Texas Supreme Court Retreats from Protecting Texas Students, 19 Scholar 145 (2017).