Pols Exam 2

the 16th amendment gave the federal governmnet the power to tax income directly

shifted the balance of financial power from the states to Washington, when it gave congress the power to tax incomes of corporations and individuals on a progressive basis

o  Education, social services (welfare and health), public safety (police and fire), and transportation

o  Spending patterns differ between state and local governments bc they differ in the functions for which they have primary financial and service delivery responsibilities

Education 34%

Public welfare 17%

Highways 6%

Public welfare 34%

Education 22%

Highways 9%

Education 44%

Police protection 6%

Governmental administration 5%

1. Arkansas over $13,000

43. Texas about $5,500

50. Oklahoma $5000

1. Wyoming ~850

20. Texas ~580

50. Nevada ~ 420

taxes paid as a percentage of personal income

·        Property taxes are the largest source of revenue- usually regressive

·        States that rely largely upon local governments for taxes and services are relying more upon regressive tax structures

·        Argued that no other form of taxation is really feasible for local governments

·        Depends on the property wealth of a community

·        Reliance on property taxation results in inequalities in burdens and benefits between wealthier and poorer communities

-The ratio of assessed value (the dollar value placed on a property for tax purposes by the local governmnet assessor) of property to the fair market value (the estimated value of a property if sold on the open market) of the property

-the rate at which assessed property is taxed, which is usually expressed in mills or tenths of a percent

-the nature and extent of tax exemptions and reductions for certain types of property

·        The general sales tax is the most important source of tax revenue for state gov.

·        Only five states do not impose a general sales tax

·        Sales taxes are often considered regressive

·        Exclude from sales tax, medical expenses, packaged food, and rent

o  Bc of these exclusions sales taxes in many states are not highly regressive

·        Sales taxation is the only major sources of revenue left to the states

·        Sales taxes are not as visible as income or property taxes

·        Sales taxes reach mobile populations (tourists, commuters, and transients)

-"sin taxes" (cigarettes and alcohol)

-states vary in the sales tax they place on selective items

-progressive state income taxes- income tax rates with increases in income

    -usually based on the principle on "ability to pay"- wealthier individuals pay a higher tax rate than power individuals

-a principle accepted at the federal level in 1913 with the passage of the 16th amendment

- state income taxes in several states are "flat rate" taxes- income taxable income

-tax on the new progits of corporations

-taxes range from 5% flat rate to sliding scales of 1-10% of net profits

-these taxes may be passed to consumers through high prices

-difficult for a stae to maintain a "good business climate" if its corporate taxes are high

Tax burden refers to taxes paid in relation to personal income

Bc of differences among the states in income levels, states with the highest per capita levels of taxation are not necessarily the same states with the highest tax burdens

1. New York over 5000

34. Texas a little less than 3000

50. Alabama 2500

1.Vermont ~14

43. Texas a little over 9

50. Alabama 2500

taxes that require high-income groups to pay a larger percentage of their income in taxes than low-income groups

taxes that require all income groups to pay the same percentage of their income in taxes

-may limit allowable tax rates to 10-15 mills of full value property

-limit annual assessment increase

-allow reassessment only when the property is sold

-applies mainly to local governmnets and school districts and may actually increase state taxes

-limiting spending to a certain percentage of a state's personal income

-Hold down taxes over the long run, expenditure limits can be considered as an indirect form of tax limitation

State constitutions can be written to prohibit certain types of taxes or require specific types of exemptions

Homestead exemption, personal property tax exemptions (of automobiles, boats, furniture…), circuit-breaker programs- exempt property from taxation for individuals who are poor, aged, disabled…

§  Regressivity is largely attributed to state and local government reliance on sales and property taxation, rather than progressive income taxation

§  Many types of exemptions to sales taxes, they make sales tax more regressive

§  Many property tax exemptions- “homestead exemption” – excludes a certain portion of the value of owner-occupied homes from property taxes that offer relief to less expensive homes

§  Progressivity increases with higher levels of state income

§  Should those who benefit or those who have the ability to pay, pay taxes?

-no taxes in Teas can be described as proportional

-Texas has one of the most regressive tax structures of all the states

Texas has no personal income tax making it regressive

-mix of taxes used in a state (income, sales, excise, property)

-taxation rates and what is subject to tax

    -Tax base-the items that are subject to tax

passing taxes on to other citizens

·        Ex. Lower prices and the store owner pays some of the sales tax

§  Boston Tea party in 1773- leading invent in the movement towards independence

§  Shays’ rebellion in 1786- important stimulus to creating the constitution of the United States

§  Whisky Rebellion of 1794

-as state income taxes rise about four percent

-sales tax levels rise about five percent

-homewoners object proeprty taxation

§  Renters are more objective to sales tax

§  Homeowners object property taxation

-1978- a constitutional amendment to reduce property taxes passed by California voters; has come to symbolize tax revolts

-was funded by real estate developers, business, and agriclutral interests

-opposition was led by public officials who believed the amendemnt would cripple public services

-People whose tax burdens are heaviest should support these measures

-high-income homeowners are slightly more supportive of tax limits

-people who pay high taxes

-people who think the governmnet wastes a lot of money

-conservatives

-people who perceive the tax system as "unfair"

-most people that benefit from government spending oppose tax limitation measures

-beneficiaries of governmnet services

-people who pay modest taxes should show little interest in the tax revolution

-liberals

-people who don't perceive the tax systems as "unfair"

-the state constitution require the operating budget of the state government and local government to be balanced

-state constitution generally permit state and local governments to borrow funds for capital improvements

-may sell bonds to finance traditional "essential functions" (roads, schools, parks, libraries, prisons, and government office buildings)

-may sell bonds to finance water and sewage systems, airports, ports, mass transportation facilities, solid waste disposal plants, hazardous waste disposal, singe and multifamily housing projects, and hospitals

-may sell bonds to finance "private activites"(sports arenas, convention centers...)

-may place restrictions on these debts in the form of debt ceilings-limits the amount of money a governmnet can borrow to a proportion of the tax base and bond referenda provisions

§  limits the amount of money a government can borrow to a proportion of the tax base and bond referenda provisions, requiring that any bonded indebtedness be approved by the voters in a referendum

-chief executives must submit to legislature a budget in which projected revenues are equal to recommended expenditures

-legislature must not appropriate funds in excess of projected revenues

-major restraint on state and lcoal government spending

bonds issued by governmnets that pledge their "full faith and credit", including tax revenues to repayment

    -bc these bonds are more secure lenders are willing to accept lower interest rates on them, saves the government money in interest payments

§  bonds issued by governments for specific projects and backs only by     whatever revenues the projects generate

·        Bc these bonds are not backed by full taxing powers of the government, lenders face greater risks and therefor require higher interest payments

·        Are not usually subject to constitutional debt ceilings or referendum requirements 

§  Rather than declare bankruptcy and have federal bankruptcy courts take over fiscal control these cities have been rescued by state and federal governments

§  Requires the city to turn over control of its financial affairs to a control board

§  Control board members are appointed by the state or federal government

§  Balancing the budget by repeatedly using one-time sources of revenue: relying on rainy day fund or the proceeds from sale of an asset

§  Deferring current costs to the future: postponing expenditures for maintenance and replacement of capital assets or deferring pension liabilities

§  Ignoring long-range or lifecycle costs of a liability: deciding to build or purchase a capital asset without calculating the full lifecycle of costs of owning, operating, and maintaining that asset

§  Grant-in-aid- payments of funds from the national government to state or local governments or from a state government to local governments for specific purposes, usually on a matching basis

§  In the Northwest Ordinance, authorized grants of federal land for the establishment of public schools

§  1863 in the Morrill Land Grant Act, congress provided grants of land to the states to promote higher education

-federal grants-in-aid to stae or local governments for specific purposes or projects

-grants for specific narrow projects

-each project must be approved by federal administrative agency

-federal grant-in-aid for general governmental functions, allowing state and local governments to exercise some flexibilty to use with a function

-Grants for a general governmnetal funcion, health, social services, law enforcement, education, or community development

- since 1980 total federal grants has increased from 91 billion to 449 billion in 2006

-total federal spending has fluctuated starting at 15.5% in 1980-10.8% 1990-17.9% in 2003-16.6% in 2006

-state and local expenditures has gradually lessened 39.9% in 1980- 25.2% in 1990-31.5% 1995-27.2% 2000- 31% 2003

§  Federal money does not flow evenly through the states

§  Many grant programs are based on a formula that incorporate various indications of need and financial ability

§  Normally granted to rural states but not always a prime exception being funding for homeland security

-1. Montana- over 30% (percentage of state and local governmnet revenue from federal government)

-27. Texas- over 20%

50. Nevada-less than 15%

-winning states-rural states

-losers-urban states

Health- 46%

Income security- ¼

Education- 13%

Transportation- 11%

Community and regional development- 1/10^th or less

Veterans benefits and services and administration of justice

Agriculture, energy, and natural resources and environment

-total- $64,533.6 million

-health and human Services- 51.6%- 33,832.5

Education- 14.3%- 9,381.0

-the judiciary- <.1%- $5.0

-Public Safety and Criminal Justice- .9%- $617.8

-natural resources- 1.5%- 1,011.0

-Business and Economic Development- 12.1%- 7,929.1

-General provisions- <.1%- 1.4

-REgulatory <.1%- 4.5

-American recovery and Reinvestment act- 18.4%-12,058.8

-General Government- 1.1%- 692.5

·        Seek to enhance the power of the national government

There is insufficient awareness of social problems by state and local

governments. GIA permit the government to set national goals and priorities in all levels of government

·        GIA provide the necessary impetus for social change.

·        GIA provide an opportunity for the national government to ensure a uniform level of public service throughout the nation

      State and local governments can better adapt public programs to local needs and conditions.

·        Federal grants cause state and local officials to overspend what looks to them like “free” money.

·        Grant-in-aid system assumes that federal officials are better judges of goals and priorities at all levels of government than are state or local officials

Believe that adding power to the national government is not an effective way of resolving society’s problems, “government is the problem not the solution”

-Congress threatened to withhold some federal highway grant monies from states that did not meet a federal requiremnet (didn't raise driking age)

-all states adopted the 21 year old national drinking age

-states had control over the drinking age

-Americans have more confidence in their state and local government rather than the federal government

-however they want the federal government to run programs in many specific policy areas, like health care and the environmnet

-issue- percentage of people that choice federal vs. State government

-Education- Federal- 24%- state- 75%

-Highways and roads- Federal 27%- state 73%

-health care- Federal 72%- State 27%

Crime- Federal 27%- stste 72%

Environmnet- Federal 72%- State 28%

Jobs and Economy- Federal 56%- State 43%

§  All those Americans whose annual cash income falls below that which required to maintain a decent standard of living

·        Believe poverty is underestimated bc

·        The official definition doesn’t take into account regional differences in the cost of living climate, or accepted styles of living

·        Doesn’t include cash income from welfare and social security

·        Doesn’t count the many “near poor”

-doesn't consder the value of family assets (people who own their own mortgage-free homes, furniture, and automobiles)

-there are many families and individuals who are officially counted as poor but who do not think of thselves as "poor people"

-definition excludes "in kind" (noncash) benefits given to the pooor by governmnets ex. food stamps, free benefits (food lunch)

1950- over 30%

1960- 22%

1970- 12%

1985- 13%

2000- 11%

2006- 12%

-poverty definition 2005- $19,971

-number of poor- 37 million

-poverty percentage of total population- 12.6%

White- 9.9%

Black- 23.7%

Hispanic- 21.8%

Under 18- 17.6%

Over 65- 10.1%

        -have fewer expenses but have a smaller cash income

married couple- 5.1%

single parent, mother only- 36.2%

        Feminization of poverty- poverty is most common among female-headed families

1. Mississippi- close to 20%

2. Louisiana- 17%

5. Texas- 16%

50. New Hampshire- 6%

-generally measured by income distribution amongAmerican families

            - income distribution- a measure of inequality; generally the percent of total family income received by each quintile (20%) of families from highest to lowest in terms of income

Lowest 1929-3.5%, 1968-5.6%, 2005- 3.4%

    increase occurred during WWII

Second - 1929- 9%, 1968- 12.4%, 2005 8.6%

Third- 1929-13.8%, 1954-1968- 17.7%, 2005-14.6%

fourth- 1929 19.3%, 1979- 24.1%, 2005 23%

Highest- 1929 54.4%(highest), 2005 50.4%

Top 5%- 1929 30%, 2005 22.5%

In 1968 the long-term trend toward greater equality in America had reversed

-the decline of the manufacturing sector of the economy

-rise in the number of two-wage families

-making single-wage families relatively less affluent

-demographic trends, incluse larger portions of female heads of housefolds

-Globalization of trade is emerging as the principle cause of incrasing inequality

        -America's unskilled and semiskilled workers now competing with people around the world, including low-wage workers in developing countries

The first recognition by Congress in 1787 of the importance of education to democracy;  provided grants of federal land to states for public schools

If people were to be granted suffrage, they must be educated to the task… meaning public education had to be universal, free, and compulsory

-thought it was outrageous to be taxed to pay for the education of another child

-opposed to arming the common people with the power that knowledge gives

-resolve racial conflict, build an integrated society

-improve self-image of minority children

-inspire patriotism ad good citizenship

-offer recreation and mass entertainment

-teach children to get along well and appreciate other cultures

-teaching to be good drivers

-teaching job skills

-all nation's problems are reflected in demands placed on schools

o  A well-educated workforce creates the “human capital” that becomes the stimulus to economic development

o  There is no evidence though that state spending on education has any direct impact on economic growth

o  Transportation is the only public expenditure that contently correlates with economic growth in states

measure of what pupils are learning

        -performance measurment

        -Test Scores

              -argue that they don't measure the qualitative goals of education or they are biased

o  White college graduation- 28%

o  Black college graduation- 18%

persons who are recorded to have stopped attending during the 10^th, 11^th, and 12^th grades , as a percentage of total attendance

o  person age 18-24 who are not attending school and have not graduated high school, as a percentage of all 18-24 year olds.

o  12% white- 14% black- 32% Hispanic (percentage 18-24 years old not attending or graduated from school)

·        85% of population graduated from high school and 28% graduating college

1. Wyoming

49. Texas

50. Mississippi

1. North Dakota

43. Texas

50. South Carolina

25.5% (average)

1. Connecticut 36.8 (top 10%)

50.West Virginia 15.1%

§  Population over 25 with a High School diploma

§  Average SAT Scores

· verbal and math scores obtained on the national College Board Scholastic Assessment Test, required for admission to many colleges and universities

o  Declined dramatically during the 1960s and 1970s (when education spending was rising and federal aid to education)

o  Decline ended 1982

§  Increasing emphasis on basic skills and standardized testing

larger percentages of black students are held back from promotion and graduation by testing than are white students

    -federal courts have declined to rule that the tests requirements for graduation are discriminatory, as long as sufficient time and opportunity has been provided for all students to prepare for the examination

75% in some states

in other states fewer than 20% graduating students

§  Basic problem with comparing states average scores- Average scores are higher when only a small group takes the tests

demonstrated that pupil expenditures, teacher salaries, classroom size, facilities, and materials were unrelated to student achievement, relate more closely to characteristics of the home environment than to those of the schools

reforms designed to decentralize educational decision making to individual schools rather than central school district administrations

schools emphasizing instruction in particular areas in an effort t to improve quality and attract students

School based managment

Magnet schools

Charter Schools

schools operated with public funds by private community groups under a charter from a public school district

vouchers given to parents to pay for their children’s education at schools of their own choosing redeemable by the schools in public funds from the state and school district

would promote competition and enhance achievement, inspire both public and private schools to compete equally for students, state education funds would flow to those schools that succeeded in enrolling more students, racial or religious or ethnic discrimination would be strictly prohibited, most effective way of serving poor or disadvantaged children

-most vocal opposition comes from professional school administrators and state educaitonal agencies

-disrupts educaitonal planning and threatens the viability of schools that are perceived as inferior

-lead stratificaion of schools into popular schools that attract the best students, and less popular students

-feat the public education may be undermined by diverting public money from public private schools

Was defeated in 1993 in California

Professional educators, teachers’ unions, and liberal groups campaigned to defeat the measure

    grants each schoolchild a “scholarship” equal to about one-half of the average amount of state and local government aid per pupil in California

    would create the haves and have-nots schools, warned that taxpayers’ money would go to religious schools and noting that the content of instruction and credentials of teachers were unregulated in the proposal

questioned whether or not these payments violated the first amendment's prohibition against the "esablishment of religion"

§  Ohio “Scholarship program” provided tuition aid to certain student in the Cleveland city School district who could choose to use this aid to attend either public or private or religious schools of their parents’ choosing…

In 2002 the U.S. Supreme court held that the program did not violate the

constitution,

Northwest Ordinance of 1787

Morrill Land Grant Act 1862

U.S. Office of Education est. 1867

Smith-Hughes Act of 1917

National School Lunch and Milk programs in 1946

Federal Impacted Areas Aid Program 1950

§  provided grants of federal land to each state for the establishment of colleges specializing in agricultural and mechanical arts (“land grant colleges”)

federal grants and commodity donations are made for nonprofit lunches and milk served in public and private schools

congress provided financial aid to states and public school districts to improve instruction in science, mathematics, and foreign languages

-was not a general aid-to -education program (one that would assist all public and private schoools with consturction and teacher's salaries)

-main thrust was "poverty -impacted" schools, instructional materials and educational research and training

-later ameneded into a federal block grant (title I) to states to improve education, aimed at high poverty schoools

-the education consolidation and improvment act of 1981 consolidated ESEA and related education programs into a single "Title I" block grant allowing the states greateer discretion how federal funds can be spent for compensatory educaiton

    -remians the largest federal aid to education program, over half of all federal elementary and scondary education spending

To provide special preschool preparation to disadvantaged children before they enter kindergarten or first grade

§  difficult to demonstrate that federal aid programs improve the quality of education in America

§  Much of the value of Head start preparation disappears after a few years of schooling; disadvantaged pupils do not perform much better in later years than people that did not attend head start

-NCLB relies primarily on testing as a means to improve performance

- “accountability” requiring states to establish standards in reading and mathematics and undertaking to test annually all students in grades 3-8

-Test results are published and broken down by poverty, race, ethnicity, disability, and limited English proficiency

-Schools that fail to make adequate yearly progress (AYP) face “corrective action” and “restructuring measures”

-Parents who children attend schools that fail to make AYP are to be given the opportunity to send their children to another public school or a public charter school within the district

- School district is required to use its own money for transportation to the new school and to use Title I federal funds to implement school choice and supplemental education services to the students

-“flexibility accountability” allows the states themselves to design and administer the tests and decide what constitutes low performance and adequate yearly progress

-Tests given each year to a sample of public and private school students in the fourth, eight, and twelfth grades

- Results are frequently cites as indicators of education achievement for the nation

-"professinal educators" object to testing for basic skills, leads to narrow "test-taking"

-obliged to neglect other instructional topics in order to concentrate on reading and math

-states, schools districts, and schools shoul paricipate in developing "accountability systems"

-AYP should provide support and assistance to schools needing help

-minority group leaders argue that it is racially biased

-Testing for basic skills has improved students’ performance in recent years

-AYP measures inspire school administrators and teacher to bring about improvement in student achievement

-Demonstrated that pupil expenditures, teacher salaries, classroom size, facilities, and materials were unrelated to student achievement

-Student success is more closely related to characteristics of the home environment

-demostrated that student schievement levels are higher in schools in which there is a high expectation for achievment, orderly and dicisplies learning environment, and emphasis on basic skills, teacher-parent interaction

Since 1980 expenditures per pupil have increased from 2000 in 1980 to about 9000 in 2005

-No evidence that increased spending for public education improves student achievement

-Spending has quadrupled, yet SAT scores have improved only modestly

1. Wyoming

49. Texas

50. Mississippi

1. North Dakota- 1300

43. Texas- little under 1000

50. South Carolina- 980ish

1. New Jersey- over 13000

41. Texas-~ 7000

50. Utah- ~5000

Reforms designed to decentralize educational decision making to individual schools rather than central school districts administrations

- Presumably principals, teachers, and parents at each school would decide about goals, curriculum, discipline, and perhaps even personnel

    - School-based councils often end up in conflict with central school district administrators, elected school boards, state and federal regulations, budgetary restrictions, and so on.

        -Principals and teachers feel it takes time away from teaching

schools emphasizing instruction in particular areas in an effort to improve quality and attract students

schools operated with public funds by private community groups under a charter from a public school district

    -Receive tax money from the state and school districts based on their enrollment

-Parental choice among schools would promote competition and enhance achievement

-Inspire both private and public schools to compete equally for students

-Most effective way to serve the needs of poor or disadvantages children

-State education funds would flow to those schools that succeeded in enrolling more students

-Racial or religious or ethnic discrimination would be strictly prohibits in any private or public school

-Most opposition comes from professional school administrators and state educational agencies

-Disrupts educational planning and threatens the viability of schools that are perceives as inferior

-May lead to a stratification of schools into popular schools that attract the best students, and less popular schools

-Fear that public education may be undermined by diverting public money from public to private schools

-Promised to empower parents by granting each schoolchild a “scholarship” (voucher) equal to about one-half of the average amount of state and local government aid per pupil in California, money was to be paid directly to the schools

-the proposal failed

-School vouchers paid to religious schools by states raised the issue of whether or not these payment violated the first amendment’s prohibition against the
establishment of religion”

-Ohio issued a “scholarship program” that provided tuition aid to certain students in the Cleveland city school district who choose to use their aid to attend either public or private or religious schools of their parents choosing

-Opponents argued that is “advanced a religious mission” in violation of the No establishment Clause of the Frist Amendment

-in 2002 supreme court held that it didn't volate the constitution, program was neautral provided help to citizens directing it to schools

State boards of education

State commissioners of education

-Bureaucratic oversight, involving state boards of educations, state commissioners or superintendents of education

-Financial control through state allocation of funds to local school districts

-Boards are appointed by the governor; have the power to decide everything from teacher certification to textbook selection

-Or state school superintendent or superintendent of public instruction

-14 states they are elected, other (Texas) official is appointed by the governor or the state education board

-May exercise the most important influence over education in the state, as public spokesperson for education

-Disburse state funds to local schools, prepare statewide curricula, select textbooks and materials, determine teacher qualifications, establish and enforce school building codes, and supervise statewide testing

-All but one school district in Texas are called independent school districts- school districts that are not attached to any other unit of government and operate schools in Texas

-A seven-member elected school board governs most independent school districts in Texas

-In the rural areas of Texas there are still many school districts with a small student body that would consolidate with neighboring districts

-Resistance to consolidation is driven by considerations for the school football program and the closing of the school can lead to the death of the town

-Today the demand is not for consolidation but for decentralization with the “open enrollment charter school”

-Responsibility for many basic decisions in public education lies with the separate school districts in America, in theory they are under local control

-Elected school board and an elected or appointed super-intendant

-School board- the elected governing body of a school district

-School super-intendant- the chief executive officer of a school district; may be directly elected or appointed by the school board

-Most teachers are organized into either the National Education Association (NEA) or the American Federation of Teachers (AFT)

-Both AFT and NEA have shut down schools to force concessions by superintendents, board members, and taxpayers, not only for salaries and benefits, but also in pupil-teacher ratios, classroom conditions, school discipline, and other educational matters.

-“congress shall make no law respecting an establishment of religion”

-“or prohibiting the free exercise thereof”

-Due Process Clause made these guarantees of religious liberty applicable to the states and their subdivisions as well as to congress

-Most debate is centered about the No Establishment Clause of the First amendment rather than the Free Exercise Clause

        -No establishment clause- Prohibit government from aiding religious education or conducting religious ceremonies in public schools

        -Free Exercise clause- prohibit states from closing religious schools or forcing all students to attend public schools

-One interpretation is- it does not prevent government from aiding religious schools or encouraging religious beliefs in the public schools, so long as it does not discriminate against any particular religion

-Another interpretation- it creates a “wall of separation” between church and state in America, which prevents government from directly aiding religious schools or encouraging religious beliefs in any way 

-To not provide public aid to religious schools would discriminate against parents who choose a religious education for their children

-The cases suggest that the Supreme court is willing to permit some forms of aid to parochial school children that indirectly aids religion, so long as this is not directly used for the teaching of religion

-Free public schools are available to the parents of all children regardless of religious denomination, if religious parents are not content with the type of school that the state provides they should expect to pay for the establishment and operation of special schools

-Unfair to compel taxpayers to support religion directly or indirectly

-Diversion of funds to church schools would weaken the public school system

-Lemon v. Kurtzman

-Most important decisions in the history of church-state relations in America

-Three part Lemon test for determining whether a particular state law constitutes “establishment” of religion

          -Secular purpose

          -Must neither advance nor inhibit religion

          -Must not foster “an excessive government entanglement with religion”

§  The practice of opening the school day with prayer and Bible-reading ceremonies was once widespread in American public schools

·        Protestant rendition of the Lord’s Prayer, Bible readings from King James version

-New York State Board of regents substitutes a nondenominational prayer

        -Required to be said aloud in each class at the beginning of each school day

-Engle v. Vitale (1962)

        -Held that making prayer voluntary did not free it from the prohibitions of the No establishment Clause

-Abbington Township vs. Schempp

        -found Bible reading in schools a relighous ceremoney even when voluntary was against first amendment

-"voluntary prayer" Supreme court is unconstitutional

-$8800 per year

-$5216 Utah (lowest) -$14117 New Jersey (highest)

Economic resources are the principle determinate of a state’s willingness and ability to provide educational services 

-Local school boards raise money from property taxes to help finance schools

-Communities that do not have much taxable property cannot finance their schools as well as communities that have wealth

-Wealthy communities can provide better education for their children at lower tax rates than poor communities can provide at higher tax rates

-Factual matter

      -Disparities in education funding among schools districts within states can be quite large

-“constitutional” matter

    -Inequalities in spending per pupil across the state, do not violate the Equal Protection Clause of the 14^th amendment

U.S. Supreme Court found the system of school financing to be unfair, but said that it was a state problem and that its resolution rested with the state. Resulted in the state increasing aid to poor school districts

State courts have intervened in school financing to ensure equality among school districts based on their own interpretation of state constitutional provisions

Texas Supreme court in 1989 ruled the system of school finance in the state unconstitutional 

-In an attempt to correct the inequalities in 1991 the state legislature consolidated property taxes within 188 units called county education districts

      - These districts collected property taxes to be used for school operations and distributed it to the school districts in their jurisdiction on a per-student basis

      -Became known as the “Robin Hood plan”

-The “Robin Hood plan” was rejected as a constitutional amendment

-A new plan was devised

-A school district’s property tax wealth is capped at $305,000 per pupil, the extra money could be sent to the state (which would be sent to poor districts) or they could combine their wealth with a specific district

-Also labeled as the Robin Hood Plan

-Only 10% of districts must give money to the state