allow for more local control, not less. It will provide property-poor districts with economic
alternatives that are not now available to them. Only if alternatives are indeed available can
a community exercise the control of making choices.
Our decision today is not without precedent. Courts in nine other states with similar school
financing systems have ruled those systems to be unconstitutional for varying reasons. [FN6]
DuPree v. Alma School Dist. No. 30, 279 Ark. 340, 651 S.W.2d 90 (1983); Serrano v. Priest, 5
Cal.3d 584, 96 Cal.Rptr. 601, 487 P.2d 1241 (1971); Horton v. Meskill, 172 Conn. 615, 376
A.2d 359 (Conn.1977); Rose v. Council for Better Educ., No. 88-SC- 804-TG, --- S.W.2d ---(Ky. June 8, 1989) (Westlaw); Helena Elementary School Dist. No. 1 v. State, 769 P.2d 684
(Mont.1989); Robinson v. Cahill, 62 N.J. 473, 303 A.2d 273, cert. denied, 414 U.S. 976, 94
S.Ct. 292, 38 L.Ed.2d 219 (1973); Seattle School Dist. No. 1 v. State, 90 Wash.2d 476, 585
P.2d 71 (1978); Pauley v. Kelly, 162 W.Va. 672, 255 S.E.2d 859 (1979); Washakie County
School Dist. No. 1 v. Herschler, 606 P.2d 310 (Wyo.), cert. denied, 449 U.S. 824, 101 S.Ct. 86,
66 L.Ed.2d 28 (1980). [FN7]
FN6. But see Shofstall v. Hollins, 110 Ariz. 88, 515 P.2d 590 (1973); Lujan v. Colorado
State Bd. of Educ., 649 P.2d 1005 (Colo.1982); McDaniel v. Thomas, 248 Ga. 632, 285
S.E.2d 156 (1981); Thompson v. Engelking, 96 Idaho 793, 537 P.2d 635 (1975);
Hornbeck v. Somerset County Bd. of Educ., 295 Md. 597, 458 A.2d 758 (1983); Board
of Educ., Levittown v. Nyquist, 57 N.Y.2d 27, 453 N.Y.S.2d 643, 439 N.E.2d 359
(1982), appeal dism'd, 459 U.S. 1138, 103 S.Ct. 775, 74 L.Ed.2d 986 (1983); Board of
Educ. v. Walter, 58 Ohio St.2d 368, 390 N.E.2d 813 (1979), cert. denied, 444 U.S. 1015,
100 S.Ct. 665, 62 L.Ed.2d 644 (1980); Fair School Finance Council of Oklahoma, Inc.
v. Oklahoma, 746 P.2d 1135 (Okla.1987); Olsen v. State, 276 Or. 9, 554 P.2d 139
(1976); Danson v. Casey, 484 Pa. 415, 399 A.2d 360 (1979); Richland County v.
Campbell, 294 S.C. 346, 364 S.E.2d 470 (1988).
FN7. The Supreme Court of Michigan has also considered the question and initially
held that its system was unconstitutional; however, on rehearing the court vacated its
opinion and held that it had improvidently granted the certified question. Milliken v.
Green, 389 Mich. 1, 203 N.W.2d 457 (1972), on rehearing, 390 Mich. 389, 212 N.W.2d
711 (1973).
Because we have decided that the school financing system violates the Texas Constitution's
"efficiency" provision, we need not consider petitioners' other constitutional arguments. The
Texas school financing system as set forth in the Texas Education Code, sections 16.001, et
seq., and as implemented in conjunction with local school districts containing unequal
taxable property wealth, is unconstitutional under article VII, section 1 of the Texas
Constitution.
Petitioners are entitled to recover against the state their attorney fees as found by the trial
court. Tex.Civ.Prac. & Rem.Code §§ 104.001- 104.002; Texas State Employees Union v.