Chapter 12

Public Policy in Texas

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.

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

Education Policy in Texas

Three issues have shaped Texas publiceducational policy over the last fifty years:1. Desegregation2. Equity in public school funding3. Search for educational excellence

– How to measure and demonstrate– High stakes testing

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

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.

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

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

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

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

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.

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

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)

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

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.

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

Texas Medicaid Recipientsby Age and Ethnicity

Distribution of MedicalPayments by Enrollment

Group in Texas

Distribution of MedicaidSpending by Service in Texas

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.

Average Annual Growth inMedicaid Spending,1990-2010

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

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

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

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

Water Usage by Sector

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.

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