(DOWNLOAD) "Carrollton-Farmers Branch Independent School District v. Edgewood Independent School District and Alvarado Independent School District" by et al.1 Supreme Court of Texas No. D-1469 * Book PDF Kindle ePub Free
eBook details
- Title: Carrollton-Farmers Branch Independent School District v. Edgewood Independent School District and Alvarado Independent School District
- Author : et al.1 Supreme Court of Texas No. D-1469
- Release Date : January 30, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
We are again called upon to determine whether the state public school finance system violates the Texas Constitution. Article VII, section 1 of the Texas Constitution gives the Legislature the duty ""to establish and make suitable provision for the support and maintenance of an efficient system of public free schools."" We have twice recently held that the state public school system, because of the way in which it is financed, is not ""efficient"" as required by this provision of the Constitution. Edgewood Indep. Sch. Dist. v. Kirby, 777 S.W.2d 391, 398 (Tex. 1989) ["" Edgewood I ""], 804 S.W.2d 491, 498 (Tex. 1991) ["" Edgewood II ""]. To try to cure the system's constitutional infirmity, the Seventy-Second Legislature enacted Senate Bill 351, as amended by House Bill 2885 (""Senate Bill 351""),2 making various changes in the school finance scheme. At issue before us now is whether the method prescribed by this statute violates other provisions of the Texas Constitution. Appellants, composed of numerous school districts and individual citizens, challenge the constitutionality of the school finance system devised by Senate Bill 351 on three grounds: (1) that it levies a state ad valorem tax in violation of article VIII, section 1-e; (2) that it levies an ad valorem tax without approval of the voters in violation of article VII, section 3; and (3) that it creates county education districts (""CEDs"") in violation of article VII, section 3 and article III, sections 56 and 64(a). Appellees include the State of Texas, certain CEDs created by Senate Bill 351, and other interested school districts and individual citizens.3 In this proceeding, all appellees are aligned with the State in defending Senate Bill 351 against the challenges by appellants.
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