Chapter 12

1. Chapter 12 Public Policy in Texas

2. Public Policy in Texas

3. Education Policy in Texas • Debate over Texas public education extends back to period when Texas was part of Mexico. • Republic of Texas Constitution requires public education system; legislature adopts one 1854 • Constitution of 1876 established the Permanent School Fund, specifies funding guidelines. • Public education policy was left to local school districts until the 1940s • State legislature attempted to address problems associated with public school funding and facilities.

4. Education Policy in Texas • State Board of Education • 15 members, 4-year terms • Oversees the Permanent School Fund • Executes the education budget • Nominates commissioner of education • Purchases textbooks and shapes what is in them • Curriculum, content, and materials covered in books reflects what the SBOE wants—Texas is a huge market for companies selling textbooks and testing services • Sets education standards for students and schools

5. Education Policy in Texas Three issues have shaped Texas public educational policy over the last fifty years: • Desegregation • Equity in public school funding • Search for educational excellence • How to measure and demonstrate • High stakes testing

6. Education Policy in Texas: Segregation • Texas Constitution called for segregation • Black students had fewer school days, • One-third less funding than white students • State legislature passed a resolution in 1957 opposing Brown v. Board (1954) decision desegregating public schools. • Many districts are still de facto segregated by residence patterns

7. Education Policy in Texas:Funding • San Antonio ISD v. Rodriguez landmark case addressed equity in public school funding • 1971, Texas school finance system ruled unconstitutional • Violated 14th Amendment equal protection clause. • Overturned on appeal by the U.S. Supreme Court.

8. Education Policy in Texas:Funding • Edgewood ISD v. Kirby (1989) • State Supreme Court declares existing funding system in violation of state constitution • Funding public school districts with local property taxes violated Texas equal protection and efficient systems clauses • Vast differences in property values from one school district to another produced an unequal system of school funding

9. Education Policy in Texas:Funding • “Robin Hood” funding system emerged as a result of the Edgewood decision • Property wealthy districts share their local tax revenue with poor districts • Wealthy districts pay “wealth equalization” share of their local property taxes back to the state • The state redistributes funds to poor districts • Poor districts retain their local property tax dollars and receive additional funds the state collects from the wealthy districts

10. Education Policy in Texas:Funding • Robin Hood system remains in place today • Texas has 1,265 school districts • As of September 2012, 374 districts designated by state as “property wealthy” • First year of program, only 35 in that category

11. Education Policy in Texas: Educational Excellence • Education Reform in 1980s • Select Committee on Public Education (SCOPE) • Made 140 recommendations • Centralized state control over education • Education Reform in 1990s • Students in low-performing schools have some ability to move out of them • Gov. Bush lead effort, foundations of NCLB

12. Education Policy in Texas: Educational Excellence • Twenty years after reforms, mixed results • Dropout rates declined • Controversy remains about how these data are derived • Scores on standardized tests rose • Controversy remains about curriculum and daily classroom effort driven by state testing • 2011 state legislature budget cuts to education may jeopardize many of the reform initiatives of the previous 20 years.

13. Welfare Policy in Texas • Poverty in Texas • 18% of Texans (over 4 million) in poverty (2011) • Compared to 15% national average • Federal Poverty Guidelines 2012 • Income of $11,170 for an individual • + $3,960 for each additional household member • This means individuals earning $935/month are not, by legal definition “poor.” • 58% of poor households are employed

14. Welfare Policy • Most major state welfare programs are cooperative using federal matching funds • Medicaid: medical care for the poor • TANF: welfare • income assistance, medial and social services • Public Housing & Section 7 vouchers • School meals and SNAP (Lone Star Card)

15. Welfare Policy • Temporary Aid to Needy Families • Temporary: limited to 36 months (3 years) • Not more than 5 years over a lifetime • Aid Types: Income, child care, social services • Often vouchers or direct agreements with providers, less direct cash payments since Clinton Era Welfare Reforms • Needy: Must be near poverty • Families: Must be children in household • Adults must be caring for young children, working or in school/job training

16. Medicaid and Health CarePolicy • Medicaid: health insurance for poor, disabled, or otherwise needing financial assistance • Evidence required demonstrating disability or inability to pay for private health insurance • Joint state-federal program established under the Social Security Amendments of 1965 • Requires Texas (all states) follow certain principles and meet set standards to receive federal funds. • Not to be confused with Medicare, a federal contribution health care program for the elderly.

17. Medicaid and Health CarePolicy • Medicaid began as narrowly defined targeting people on public assistance • Today Medicaid is large, complex insurance program serving many identified groups including: • adults not fully covered by Medicare • people with disabilities • individuals receiving TANF and SSI • Impoverished children

18. Texas Medicaid Recipientsby Age and Ethnicity

19. Distribution of MedicalPayments by EnrollmentGroup in Texas

20. Distribution of MedicaidSpending by Service in Texas

21. Medicaid and Health CarePolicy • Texas administers Medicaid through the Texas Health and Human Services Commission • The federal government monitors the state Medicaid program • The Centers for Medicare and Medicaid in the Department of Health and Human Services • Establish what constitutes basic services, and set delivery, quality, funding, and eligibility standards.

22. Average Annual Growth inMedicaid Spending,1990-2010

23. ACA and Texas Health CarePolicy • In 2010, Congress passed two bills known as the Affordable Care Act (ACA), often referred to as Obamacare. • The Patient Protection and Affordable Care Act • The Health Care and Reconciliation Act of 2010 • Two key provisions for states to implement • State Health Care Exchanges • Expand Medicare

24. Medicaid and Health CarePolicy • State Health benefit Exchanges • Assist in accessing affordable health insurance • Texas (among other states) has indicated the state will not establish a state health exchange • The federal government will run exchanges in states that choose not to set up their own system

25. Medicaid and Health CarePolicy • Governor Perry also rejects expanding Medicaid provision of ACH • Opposes expanding government and the state absorbing more program responsibilities • The Texas Legislature and/or future Texas government administrations may compromise on the exchanges and Medicaid provisions • Rejecting Medicaid means Texas does not receive millions in federal dollars

26. Water Policy • Access to water is necessary for a thriving economy and expanding population • Texas’s water consumption projected to increase by 82% in next 50 years. • A statewide water policy is difficult because of the diverse climates within the state • Floods and droughts simultaneously occur in Texas

27. Water Usage by Sector

28. Water Policy • Private property rights make Texas water policy even more complicated. • Spanish law, traditional English common law, and statutory law • Texas law recognizes several legal classes of water rights governed by different rules • For example: laws governing surface water and ground water, for example, sharply differ.

29. Water Policy • The Texas Water Development Board • Primary water planning and financing state agency • Several more local and state government agencies and boards oversee water policy and planning • Drainage districts • Conservation and reclamation districts • River authorities • Water and control improvement districts

30. Public Opinion Quiz Considering the amount of money Texans pay in federal income taxes, should the state reject the millions of federal dollars that would come with expanding Medicare? • No, Texas should not reject the money. • Yes, Texas should reject federal funds.

31. Public Opinion Quiz Is the Robin Hood system of funding public schools fair? • Yes, all state run schools should have the same basic level of funding. • No, wealthy districts should not have be required to contribute a portion of their revenue to the state.

32. Public Opinion Quiz Should Texas establish a state health care exchange, or should it allow the federal government to create one for the state? • Texas should establish its own exchange. • The federal government should provide the health care exchange program for Texas.

33. Public Opinion Quiz Should Texas have one set water policy for the entire state? • Yes, the law is too complicated as it is now and all Texans should abide by the same water regulations. • No, climate and geographic differences within the state demand different rules for optimal use.

34. Public Opinion Quiz Who should decide on the topics covered in public school (K–12) science and history textbooks? • Statewide elected officials • Scientists and historians (professors, teachers, and practitioners) • Parents and students