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San Antonio Independent School District v. Rodriguez, 411 US 1 (1973)

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San Antonio Independent School District v. Rodriguez, 411 US 1 (1973)

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San Antonio School District v. Rodriguez of 1973 claimed that the inequality in school funding violated a student's right to education due to the funding process, which provided poorer districts with less money.

The claim that less funding meant less opportunities for economically disadvantaged students to receive an equal opportunity education.

The Supreme Court rejected this claim and determined that education is not a fundamental right under the federal Constitution; therefore, leaving funding inequalities in Texas and elsewhere completely untouched.

http://cdn.loc.gov/service/ll/usrep/usrep411/usrep411001/usrep411001.pdf

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Title I laws can be found in the Code of Federal Regulations. The purpose of Title I is to supplement funding for school districts to help improve the academic achievement of economically disadvantaged students (34 CFR 200).

https://ecfr.io/Title-34/cfr200_main

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My professional perspective is working as an elementary school counselor and interventionist. This Legal Padlet Guide is a resource to inform educators of laws concerning the appropriation of school funds for programs that protect disadvantaged students.

Although federal and state sources contribute to school funding, the majority of funds come from property taxes at the local level. Because property values vary across the state of Texas, the money school districts receive to fund their school is substantially different from one district to another. Many school districts are located in rural areas where property values are extremely low, and those properties house low socioeconomic families. Not only are those poorer districts trying to provide all students an opportunity to receive the same high-quality education as the more affluent school districts, but they are also trying to do it on less local revenue.

As a counselor and interventionist, I see students walk into our school every day at a disadvantage because of issues outside of the education realm. Educators are required to take all of the baggage that a student has, set it aside, and educate our disadvantaged students so that they can meet the same academic standards as students who are being educated with bigger and better resources.

Because of the role I have in my district, I know how important school funding is for the poorer school districts. Without additional state and federal funding, districts do not have the means and resources to provide a level playing field for our disadvantaged students.

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I spoke with Scott Tyner, Superintendent  of Tenaha ISD, concerning public school funding and how the funds are used to help disadvantaged students receive an equitable education.

Mr. Tyner explained that state and local school funding is the most important topic in education; it is the way schools operate and ultimately survive (S. Tyner, personal communication, September 16, 2019). Most importantly, it is the way in which programs are funded that provide an equitable education to all students, but especially those who are at a disadvantage because of economic reasons, disabilities, or a host of other reasons.

Best Practices in School Funding

Create a budget that aligns spending with student needs. Budgets should be made with the academic, physical, and mental needs of each student at the forefront of all decisions.

Commit to your people and kid programs first, which at times means a new gym floor, new furniture, or a new fleet bus as to wait. The academic needs must come first. Mr. Tyner did state that he believes his district has done a really go job at utilizing and maximizing the Instructional Materials Allotment; therefore, being able to purchase textbooks, bilingual materials, and other instructional materials not on the adopted list, but still imperative for the disadvantaged populations.

It is extremely important to be open and transparent in the way school funds are being used  (S. Tyner, personal communication, September 16, 2019).

Emerging Issues to Consider
Mr. Tyner states that although House Bill 3 has provided schools with funding for a variety of things, it is obvious that the state has created a funding structure that does not have the revenue to support itself beyond two to four years. He believes a lot of those "throw-ins" will disappear; like dyslexia funding. He is afraid that some of the extra money that can help those special populations will be the first things chipped away (S. Tyner, personal communication, September 16, 2019).

(S. Tyner, personal communication, September 16, 2019)
https://www.tenahaisd.com/Page/57

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American Counseling Association: Funding for School Counseling

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American Counseling Association: Funding for School Counseling

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This article describes how "last year's Defense, Labor HHS- Education package provided $1.17 billion for Title IV-A, The Student Support and Academic Enrichment Grant Program (SSAE) in FY 19"  helped fund school counselors (American School Counselor Association, 2019).

Not only does an equitable education for disadvantaged students require access to researched-based curriculum, intervention programs, and highly-qualified teachers, but an equitable education also allows students to have access to individuals and programs that help them develop mentally, physically, and emotionally. Without school counselors, many disadvantaged students would not have access to mental health services, support, and resources, which all help level the academic playing field of disadvantaged students (American School Counselor Association, 2019).

American Counseling Association. (2019). Funding for school counseling. Retrieved from

https://www.counseling.org/government-affairs/federal-issues/funding-for-school-counseling

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The other school funding divide: States with more poor students tend to spend less, creating hard-to-fix disparities

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The other school funding divide: States with more poor students tend to spend less, creating hard-to-fix disparities

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A key component of school inequity is the differences in state funding.

Many of the schools that serve high populations of low-income students receive less funding than needed.

Because the majority of educational funding comes from the state and local levels, the disparities in spending are hard to balance.

The federal government does contribute slightly to school funding to help level the playing field to some degree; however, it is not always enough to support the disadvantaged students (Barnum, 2019).

Barnum, M. (2019, July 31). The other school funding divide: States with more poor students tend to spend less, creating hard-to-fix disparities. Chalkbeat. Retrieved from https://www.chalkbeat.org/posts/us/2019/07/31/school-funding-states-research-inequality-edbuild-23billion/

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House Bill 3 (HB 3) is the most talked about law concerning school funding at the present time.

House Bill 3 has allowed school districts to fund full-day Pre-K programs for low income students.

It has increased funding for schools with higher populations of underserved students

It has also provided funding for extended year summer instruction for students in academic need.

HB 3 also dedicated more money for programs proven to advance student achievement, such as dual-language immersion and dyslexia identification.

https://capitol.texas.gov/tlodocs/86R/billtext/html/HB00003F.HTM

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Article VII of the Texas Constitution (Tex. Const. art. 7, 1876)

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Article VII of the Texas Constitution (Tex. Const. art. 7, 1876)

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Article VII of the Texas Constitution states of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools.

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

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Texas' school finance system is unpopular and complex. Here's how it works.

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Texas' school finance system is unpopular and complex. Here's how it works.

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Over the years, I have found myself defending my school district concerning school funding. The average, everyday person does not understand school funding and how it works. I believe that as an educator, it is crucial to understand how a district receives funds before one can understand why the funds are spent in the manner in which they are.

In the article by Aliyya Swaby (2019), the basic procedures and disadvantages of Texas school funding are explained. The highlights of the article are:

Base funding per student.

The guarantee of extra money for students considered more expensive to educate, including low-income students and those with disabilities.

How school boards decide to tax their community.

Swaby, A. (2019, February 15). Texas' school finance system is unpopular and complex. Here's how it works. Retrieved from

https://www.texastribune.org/2019/02/15/texas-school-funding-how-it-works/

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In the Gary ISD Board Policy Manual (2016), it is stated that Gary ISD shall provide to TEA written assurance regarding comparability of services across the District in teachers, administrators, and other staff, as well as in the provision of curriculum materials and instructional supplies to meet Title I eligibility and receive funds to assist in the funding of teachers and programs that benefit our disadvantaged students.

Gary ISD Board Policy Manual. (2016). Special programs, federal Title I. Retrieved from https://pol.tasb.org/Policy/Code/980?filter=EHBD

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ASCA Ethical Standards for School Counselors

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ASCA Ethical Standards for School Counselors

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Standard A.10(f) of the ASCA Ethical Standards for School Counselors (2016) states that counselors advocate for the equal right and access to free, appropriate public education for all youth, in which students are not stigmatized or isolated based on their housing status, disability, foster care, special education status, mental health or any other exceptionality or special need.

As a school counselor and interventionist, it is my job to collaborate with administrators to ensure funds are being spent effectively and efficiently to provide an equitable education for disadvantaged students.

American School Counselor Association. (2016). ASCA ethical standards for school counselors. Retrieved from https://www.schoolcounselor.org/asca/media/asca/Ethics/EthicalStandards2016.pdf

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The Evidence is Clear: More Money For Schools Means Better Student Outcomes

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The Evidence is Clear: More Money For Schools Means Better Student Outcomes

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Bruce Baker, professor of education at Rutgers University in New Jersey, is the author of the "Money Matter" report that confirms students do benefit when schools provide more funding.

Schools often with the highest population of low socioeconomic students receive less funding than more affluent districts.

Less funding often leads to poorly qualified teachers, fewer programs for disadvantaged students, and larger class sizes.

Schools serving students in high poverty neighborhoods need additional funding to help students succeed.

To provide an equitable education, states need increased revenues for schools in high poverty areas to improve student achievement (Barrett, 2018).

Barrett, K. (2018, August 1). The evidence is clear: More money for schools means better student outcomes. National Education Association. Retrieved from
http://neatoday.org/2018/08/01/money-matters-in-education/

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School funding is one of the most important yet most complicated aspects of the education system. Not only is serving disadvantaged students in our school systems the ethical thing to do, but there are federal, state, and local laws that govern the manner in which some funds are spent to provide services to disadvantaged students.

Student achievement and success should always be the focus of a school budget. Spending funds in the areas that are highly populated with disadvantaged students is a must to provide an equitable education for those who are most in need. Ways that stakeholders can ensure all areas of education are being considered when preparing a budget are:

Make student-centered decisions-the best interest of students, not adults,  should always be considered.

Provide research-based resources that provide a solid core curriculum for Tier I and Tier II students.

Always be transparent-be clear where money is being spent (Best Practices in School Budgeting, n.d.).

Funding should be spent to help attract highly qualified teachers that have the knowledge and background to work with disadvantaged students.

Make sure that school funding policies are based on equity and adequacy.

Ensure that funds, such as Title I funds, are being spent correctly.

Spend money wisely-target evidenced-based interventions and programs that support the needs of disadvantaged students (Martin, Boser, & Benner, 2018).

Best Practices in School Budgeting. (n.d.). Retrieved from https://www.gfoa.org/sites/default/files/PK-12_1A.pdf

Martin, C., Boser, U., & Benner, M. (2018, November 13). A quality approach to school funding. Retrieved from https://www.americanprogress.org/issues/education-k-12/reports/2018/11/13/460397/quality-approach-school-funding/