By statutory directives, the legislature has attempted through the years to reduce disparities
and improve the system. There have been good faith efforts on the part of many public
officials, and some progress has been made. However, as the undisputed facts of this case
make painfully clear, the reality is that the constitutional mandate has not been met.
The legislature's recent efforts have focused primarily on increasing the state's contributions.
More money allocated under the present system would reduce some of the existing disparities
between districts but would at best only postpone the reform that is necessary to make the
system efficient. A band-aid will not suffice; the system itself must be changed.
We hold that the state's school financing system is neither financially efficient nor efficient in
the sense of providing for a "general diffusion of knowledge" statewide, and therefore that it
violates article VII, section 1 of the Texas Constitution. Efficiency does not require a per
capita distribution, but it also does not allow concentrations of resources in property-rich
school districts that are taxing low when property-poor districts that are taxing high cannot
generate sufficient revenues to meet even minimum standards. There must be a direct and
close correlation between a district's tax effort and the educational resources available to it;
in other words, districts must have substantially equal access to similar revenues per pupil at
similar levels of tax effort. Children who live in poor districts and children who live in rich
districts must be afforded a substantially equal opportunity to have access to educational
funds. Certainly, this much is required if the state is to educate its populace efficiently and
provide for a general diffusion of knowledge statewide.
Under article VII, section 1, the obligation is the legislature's to provide for an efficient system.
In setting appropriations, the legislature must establish priorities according to constitutional
mandate; equalizing educational opportunity cannot be relegated to an "if funds are left
over" basis. We recognize that there are and always will be strong public interests competing
for available state funds. However, the legislature's responsibility to support public
education is different because it is constitutionally imposed. Whether the legislature acts
directly or enlists local government to help meet its obligation, the end product must still be
what the constitution commands--i.e. an efficient system of public free schools throughout the
state. See Lee v. Leonard Indep. School Dist., 24 S.W.2d 449, 450 (Tex.Civ.App.--Texarkana
1930, writ ref'd). This does not mean that the state may not recognize differences in area
costs or in costs associated with providing an equalized educational opportunity to atypical
students or disadvantaged students. Nor does it mean that local communities would be
precluded from supplementing an efficient system established by the legislature; however
any local enrichment must derive solely from local tax effort.
Some have argued that reform in school finance will eliminate local control, but this
argument has no merit. An efficient system does not preclude the ability of communities to
exercise local control over the education of their children. It requires only that the funds
available for education be distributed equitably and evenly. An efficient system will actually