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 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

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 Students are likely very familiar with the last point. Students frequently attended schools where they shared racial/ethnic, economic, and other family characteristics (two parent/single parent household, parent education level, etc) with their peers.

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 http://www.chron.com/news/article/374-Texas-ISDs-must-pay-out-to-poorer-schools-3856485.php http://texas.educationbug.org/school-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 http://www.chron.com/news/article/374-Texas-ISDs-must-pay-out-to-poorer-schools-3856485.php http://texas.educationbug.org/school-districts/

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. PBS featured point on controversial drop out calculations in the 2012 documentary “Dropout Nation” set in a Houston ISD high school. http://www.pbs.org/wgbh/pages/frontline/education/dropout-nation/transcript-28/

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 1. For more on poverty guidelines, see: http://aspe.hhs.gov/poverty/12poverty.shtml/12computations.shtml 2. Consider asking students to devise a monthly budget using these guidelines (for themselves only). 3. At $930 a month for all expenses, it is clearly a challenge when no other resources are available. 4. These figures may surprise students who have the perception that Texas is wealthy. Facts about wealth and income distribution may not be clear. This New York Times map can be used to look at household incomes at very local levels (zoom in) . http://projects.nytimes.com/census/2010/explorer?ref=censusbureau From the “view more maps” select income, then choose any of the economic indicators, zoom in on state and city/region of interest.

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) 1. TANF—Temporary Aid to Needy Families—is actually much more than just income assistance, provides medical care and other social services. 2. Section 7 vouchers are used by households to help pay their rent on the private market, or by landlords to charge below-market rent. 3. SNAP—Supplemental Nutrition Assistance Program—is what is formerly known as food stamps (Lone Star Card in Texas) 4. All have or can have a federal component to them.

Temporary Aid to Needy Families 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 Care Policy 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 Care Policy 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 Recipients by Age and Ethnicity FIGURE 12.1 Texas Medicaid Recipients by Age and Ethnicity SOURCE: Texas Health and Human Services Commission. Texas Medicaid and CHIP in Perspective. Eighth Edition. January 2011.

Distribution of Medical Payments by Enrollment Group in Texas FIGURE 12.4 Distribution of Medicaid Payments by Enrollment Group in Texas SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

Distribution of Medicaid Spending by Service in Texas FIGURE 12.2 Distribution of Medicaid Spending by Service in Texas *Disproportionate share hospital payments are made to hospitals that serve a disproportionate share of patients in poverty who are on Medicaid. SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

Medicaid and Health Care Policy 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 in Medicaid Spending,1990-2010 FIGURE 12.3 Average Annual Growth in Medicaid Spending, 1990–2010 SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

Medicaid and Health Care Policy Medicaid Services include: Physician bills Inpatient hospital care Outpatient care Pharmacy Lab and x-ray Home community services for disabled Childrens Health Insurance Program (CHIP)

ACA and Texas Health Care Policy 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 Care Policy 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 The Kaiser Family Foundation updates state action on exchanges: http://www.kff.org/healthreform/upload/8213-2.pdf ACH Q&A at the New York Times http://www.nytimes.com/2012/06/30/us/health-care-act-questions-and-answers.html Perry on refusing exchanges and Medicaid expansion: http://www.texastribune.org/texas-health-resources/medicaid/perry-tx-wont-implement-key-elements-health-reform/

Medicaid and Health Care Policy 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 The Kaiser Family Foundation updates state action on exchanges: http://www.kff.org/healthreform/upload/8213-2.pdf ACH Q&A at the New York Times http://www.nytimes.com/2012/06/30/us/health-care-act-questions-and-answers.html Perry on refusing exchanges and Medicaid expansion: http://www.texastribune.org/texas-health-resources/medicaid/perry-tx-wont-implement-key-elements-health-reform/

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 FIGURE 12.5 Water Usage by Sector SOURCE: Texas Water Development Board.

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 -Texas Board of Water Engineers (1913) -Texas Groundwater Act (1949) -created water districts to manage groundwater supply

The Texas Water Development Board (1965) Water Policy The Texas Water Development Board (1965) Primary water planning and financing state agency Six member board serving six year term Support development of 16 regional water plans Develop state water plan every five years Provide financial assistance to local government Administer Texas Water Bank Administer Texas Water Trust Data collection for state’s freshwater needs

**Droughts and flooding cause great damage Water Policy 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 **Droughts and flooding cause great damage