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1) The constitutional/legal status of counties in Texas, how they are structured, how they are funded, what services they provide, and what issues they face 2) How school districts are governed, how they are funded, what issues they face, and how well they perform 3) How special districts are created, organized, operated, and funded, and what their benefits and liabilities are 2011, 2009, 2007 Pearson Education, Inc

Texas’ High School Dropout Rate The future of Texas looks bleak. Based on current trends, 30 percent of the Texas workforce in 2040 will lack a high school education. 2011, 2009, 2007 Pearson Education, Inc Case Study Bush School of Government and Public Services at Texas A&M University Study – Students in the class of 2012 who drop out of high school will cost the state and its economy an estimated $6 billion to $10.7 billion over their lifetimes in lost tax revenues, welfare payments, and prison costs.

Legal Status Texas has 254 counties. Range in population from nearly 4 million people in Harris County to less than 100 in Loving County 2011, 2009, 2007 Pearson Education, Inc County Government Texas counties are general-law units of local government. Units of local government limited to those structures and powers specifically granted by state law

Responsibilities Law Enforcement: Counties enforce state laws. Courts: Counties operate justice of the peace, county, and district courts. Health: Counties enforce the state’s health laws and provide healthcare services for indigent residents. Records: County governments collect and maintain records of births, deaths, marriages, divorces, and deeds. Tax Collection: County governments collect a number of taxes and fees on behalf of the state. Elections: County governments register voters and conduct both primary and general elections for the state. Roads and Bridges: Counties build and maintain roads and bridges. Other Services: State law allows counties to provide a range of additional services. Some counties operate airports or seaports. 2011, 2009, 2007 Pearson Education, Inc County Government

Organization Miniature version of state government in that no single official is in charge 2011, 2009, 2007 Pearson Education, Inc County Government Executive Functions – Divided among a sizeable number of elected and appointed officials

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Commissioners Court The board of directors for county government composed of four county commissioners and the county judge Authority – Limited authority Power – Most of their power comes from budget-making power and its power to choose among the optional services available for county government to provide to county residents. 2011, 2009, 2007 Pearson Education, Inc County Government Presiding Official – The county judge is the presiding judge in the constitutional county court; he/she also presides in the commissioners court.

Other Elected Officials 2011, 2009, 2007 Pearson Education, Inc County Government Sheriff – After the county judge, the most visible official and the chief law enforcement officer for the county District Attorney – Prosecutes felony criminal cases in state district courts County Attorney – Advises the commissioners court and other county officials on legal issues and represents the county in court (prosecutes misdemeanor offenses) County Clerk – Records legal documents such as deeds, mortgages, and contracts, plus keeps vital statistics – births, deaths, marriages, and divorce Also serves as the county election official District Clerk – Maintains legal records for the district courts

Other Elected Officials Justices of the Peace – Preside over class C misdemeanor cases and hear small-claims civil suits 2011, 2009, 2007 Pearson Education, Inc County Government Constables – Certified law enforcement officers, but their primary duty in most counties is to assist the JP by serving legal papers, such as subpoenas and warrants Treasurer – Receives funds and makes authorized expenditures on behalf of the county Tax Assessor-Collector – Chief tax official that collects the county’s property taxes and fees for automobile license plates, issues certificates of title for motor vehicles, and directs voter registration in most counties

2012, 2011, 2009, 2007 Pearson Education, Inc Photo: Bob Daemmrich/The Image Works The county sheriff operates the county jail. In urban areas, managing the jail consumes a significant proportion of the sheriff department’s budget and personnel. The county jail holds prisoners awaiting trial for felony offenses and people serving sentences for misdemeanor convictions. The sheriff also assists county courts and state district courts within the county by serving arrest warrants and subpoenas, as well as providing deputies to serve as bailiffs.

Finances Revenues – Property taxes are the main source of revenue for county government, but there are some others: Fees from motor vehicle licenses Service charges Federal aid 2011, 2009, 2007 Pearson Education, Inc County Government Expenditures – Importance of county expenditures varies considerably between rural counties and those in metropolitan areas. Road and bridge construction and maintenance Law enforcement Operation of county jail Operation of county and district courts Indigent healthcare Basic administrative functions of county government

Proponents – Unit of local government that is closest and most responsive to the people Critics – Relic of the 19th century; inefficient and often corrupt 2011, 2009, 2007 Pearson Education, Inc Issues in County Government Long Ballot – Election of nearly every public official of any significance Reformers would like to either consolidate positions or provide for the appointment of officials by a single county executive. Hiring, Purchasing, Contracting, and Conflict of Interest Conflict of Interest – Personal interests of a public official may clash with their responsibilities. Absence of Centralized Purchasing – In most counties, each department contracts for goods and services on its own, often without competitive bids. Decentralization and Accountability – It’s difficult for county officials to fulfill the responsibilities of their offices and impossible for voters to accurately evaluate their performance.

Structural Inflexibility and the Twenty-First Century – Are county governments able to respond to contemporary policy problems? 2011, 2009, 2007 Pearson Education, Inc Issues in County Government Proponents – If counties could make ordinances, they could better address issues of urban development in unincorporated areas. Opponents – Against allowing yet another unit of government the power to regulate people’s lives Urban Areas – County governments are big business, but low profile. Rural and Small Towns – County government is high profile because counties are the primary units of local government. County government in urban areas is important, especially to selected segments of the population; e.g., individuals without health insurance rely on county health clinics and charity hospitals. Residents of unincorporated areas depend on the county sheriff for police protection.

Administration Independent school districts (ISDs) are units of local government. Provide public education services to district residents from kindergarten through the twelfth grade 2011, 2009, 2007 Pearson Education, Inc School Districts Over 1,000 Texas school districts, varying in student population size : 4.8 million students attended public schools in Texas.

Administration Board of Trustees – Governing body for ISDs Generally composed of seven members (although some of the larger districts have nine members) Elected Representatives – Nonpartisan elections Serve terms of two, three, four, or six years Elected either at large or from districts Responsibilities – Approve the budget, set the property tax rate, and arrange financial audits 2011, 2009, 2007 Pearson Education, Inc School Districts Superintendent – Professional school administrator hired to manage the day-to-day operations and ensure that the board’s policies are implemented effectively

Sources of Revenue 2010: The average ISD received State government – 43 percent Local taxpayers – 47 percent Federal grant money – 10 percent 2011, 2009, 2007 Pearson Education, Inc Education Finance

Federal Grant Money Targets economically disadvantaged students and students with disabilities School Lunch Program – Provides free or inexpensive lunches to children from poor families 2011, 2009, 2007 Pearson Education, Inc Education Finance Foundation School Program – Amount of money a district receives depends on district wealth, local property tax rates, and a host of other factors

Texas State Funding – PSF & ASF The state distributes other money to school districts from the Available School Fund. 2011, 2009, 2007 Pearson Education, Inc Education Finance Permanent School Fund (PSF) – Constitutionally established endowment fund to finance public elementary and secondary education Interest income and dividends from the PSF, but not the principal, is directed into the Available School Fund (ASF) and then made available to school districts. ASF is also supported from one-fourth of the taxes collected on motor fuels and natural resources.

Local Funding Local property taxes also fund public education. School tax rates tend to be higher than the property tax rates assessed by counties and cities. 2011, 2009, 2007 Pearson Education, Inc Education Finance Tax Exemptions – School districts grant property tax breaks to homeowners and people over 65 years of age, e.g., The homestead exemption Taxes frozen when homeowner reaches 65

Controversy in Financing Public Education Edgewood v. Kirby (1989): The Texas Supreme Court ruled that the state’s system of financing public education violated the Texas Constitution. The court ordered the legislature to create a system whereby districts with the same tax rate would have roughly the same amount of money to spend per student. 2011, 2009, 2007 Pearson Education, Inc Education Finance Reform – The Robin Hood Plan equalized funding among school districts by increasing funding for poor school districts by redistributing money from wealthy districts.

Charter Schools Publicly funded but privately managed schools that operate under the terms of a formal contract or charter with the state Supporters – Provide an opportunity for educational innovation Critics – They are a back-door method for funneling taxpayer dollars from public schools to private schools. 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy Although some charter schools have excelled, other charter schools have failed to make the grade because of poor test scores, financial mismanagement, or both. 2011: 120,000 students attended one of the state’s 390 charter schools.

Parental Choice – School Vouchers The state gives parents a voucher that provides a type of scholarship to be paid to the school that the parents select for their child to attend. 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy Proponents – Competition will force schools to improve. Critics – Public schools would lose their best students, and Poverty, lack of parental involvement, and inadequate funding are the primary causes of poor school performance, not a lack of competition. Texas: Parents of children in “low-performing” schools for two consecutive years can choose to transfer their children to any other public school in the district that will agree to receive them.

Class Size Texas caps the size of classes in kindergarten through the fourth grade at 22 students; however, schools may request a waiver if: A school is struggling with rapid growth Lacks facilities Beginning in 2011 – faces a financial emergency 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy Most school districts expect larger class sizes in 2012 and 2013 because they will not have sufficient funds to hire additional teachers to keep up with enrollment growth.

Bilingual Education Teaching academic subjects in both English and the student’s native language Texas schools use a mixture of bilingual education and English-language immersion programs. 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy Supporters – Enables students whose primary language is not English to learn academic subjects in their own language while they work on their English Opponents – Retards the English language development of non – English speaking students

Basic-Skills Testing – “No Child Left Behind” Federal law requiring basic-skills testing as a condition of receiving federal aid 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy Prior to 2011–2012, Texas used the Texas Assessment of Knowledge and Skills (TAKS). 2011: 1 in 12 high school seniors, more than 20,000 students, failed the TAKS and was prevented from graduating. 2011: Texas replaced TAKS with a new (more difficult) basic-skills test called the State of Texas Assessment of Academic Readiness (STAAR).

Education Performance Assessments indicate that Texas students are less prepared for college and the workforce than students in many other states. 2010: Texas ranked 45th of 50 states in combined SAT scores. Half the Texas students entering public colleges and universities must take at least one remedial course. 2011, 2009, 2007 Pearson Education, Inc Issues in Educational Policy 2010: 19.3 percent of Texans age 25 and older lacked a high school diploma vs percent nationally percent held a bachelor’s degree or higher vs percent nationally.

A unit of local government created to perform specific functions Provide important governmental services to millions of Texans, e.g., Soil and water conservation districts Levee improvement districts Coastal subsidence districts Utility districts Hospital districts Community/junior college districts 2011, 2009, 2007 Pearson Education, Inc Special Districts

Reasons for Special Districts 2011, 2009, 2007 Pearson Education, Inc Special Districts Provide an advantageous approach to solving problems that transcend the boundaries of existing units of local government, e.g., flooding Creation, Organization, and Operation Created through a variety of procedures Constitutional amendment Authorization by the Texas legislature Commissioners courts Most districts require voter approval of area residents before they can go into operation. Organization and Operation A board of directors, usually consisting of five members, is the governing body for most special districts – appointed or elected.

Funding Taxes Sales and property taxes Hotel/motel occupancy taxes Service charges Garbage collection Toll roads Tuition Other units of government (federal and state) 2011, 2009, 2007 Pearson Education, Inc Special Districts