1. Neal Tannahill Texas Government: Policy and Politics, 10th Edition Chapter Twenty Nine COUNTIES, SCHOOL DISTRICTS, AND SPECIAL DISTRICTS Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

2. Slide 2 Counties, School Districts, and Special Districts  In This Chapter We Will Cover:  County Government  School Districts  Special Districts Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

3. Slide 3 IntroductionIntroduction  Between 1990 and 2003, Texas public schools administered the Texas Assessment of Academic Skills (TAAS), which was a state-mandated skills test used to measure student progress and assess schools performance.  In 2003-2004, the Texas Assessment of Knowledge and Skills (TAKS) replaced TAAS as the state’s new basic skills test.  In 2007 the Texas legislature and governor adopted a new end of semester system of standardized testing for high schoolers. The new system take effect in 2011.  The development and implementation of basic-skills testing led to a controversy over their use and illustrates the sort of issues facing local governments today. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

4. Slide 4 County Government  Texas Counties  Texas has 254 counties.  These counties range in population from 3.4 million people in Harris County to 67 in Loving County in the year 2000.  Legal Status  Texas counties are general-law units of local government, that is, units of local government limited to those structures and powers specifically granted by state law.  Texas counties may not adopt home rule status.  Home rule refers to the authority of a unit of local government to take actions not prohibited by the laws or constitutions of the United States or the state. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

5. Slide 5 County Government  Responsibilities  Provide for enforcement of state laws  Operate justice of the peace, county, and district courts  Enforce the state’s health laws  Collect and maintain records of births, deaths, marriages, divorces, and deeds  Collect a number of taxes and fees on behalf of the state  Register voters and conduct both primary and general elections for the state  Build and maintain roads and bridges  Provide additional services, i.e., operate airports and seaports Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

6. Slide 6 County Government  Organization  County government is a miniature version of state government in that no single official is in charge.  Executive functions are divided among a sizeable number of elected and appointed officials. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

8. Slide 8 County Government  Commissioners Court  It is the board of directors for county government composed of four county commissioners and the county judge.  Members are chosen in partisan elections that are held concurrently with the biennial statewide general elections.  County voters elect the four commissioners, one each from four districts called county commissioners’ precincts, to serve four-year staggered terms. They also elect the county judge countywide to serve a four-year term.  Individual commissioners essentially run county government within their own precincts, i.e., oversee road repair and construction. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

9. Slide 9 County Government  Commissioners Court (cont.)  The county judge is the presiding judge in the constitutional county court; he/she also presides in the commissioners court.  The commissioners court has limited authority because its structure and most of the functions it may perform are established by law and the state constitution.  It does not have general ordinance–making power.  Ordinance is a law enacted by the governing body of a unit of local government.  Most of the power of the commissioners court comes from its budget-making power and its power to choose among the optional services available for county government to provide to county residents. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

10. Slide 10 County Government  Other Elected County Officials  County government includes other elected officials in addition to the commissioners court.  These officials are chosen in partisan elections to serve staggered four-year terms.  County sheriff  After the county judge, the county sheriff is the most visible official.  Chief law enforcement officer for the county  The sheriff’s department has jurisdiction over the entire county, but in urban areas, city governments and county usually agree on division of labor.  District attorney and/or county attorney Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

11. Slide 11 County Government  Other Elected County Officials (cont.)  County clerk  Records legal documents such as deeds, mortgages, and contracts, plus keeps vital statistics on births, deaths, marriages, and divorce  Serves as the county election official  District clerk  Maintains legal records for the district courts  Justices of the peace and constables Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

12. Slide 12 County Government  Other Elected County Officials (cont.)  Tax assessor-collector  Is the county’s chief tax official  Collects the county’s property taxes, collects fees for automobile license plates, and issues certificates-of-title for motor vehicles  Directs voter registration in most counties  Treasurer  Receives funds and makes authorized expenditures on behalf of the county  In recent years the state legislature has proposed and voters have approved constitutional amendments to allow several counties to abolish the office of county treasure and transfer its duties to the auditor. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

13. Slide 13 County Revenues and Expenditures  Revenues  Property taxes – the main source of revenue for county government  Fees from motor vehicle licenses  Service charges  Federal aid  Table 12.1 compares the property tax rates of the five largest counties in Texas. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

15. Slide 15 County Revenues and Expenditures  Expenditures  Road and bridge construction and maintenance  Law enforcement  Operation of county jail  Operation of county and district courts  Indigent health care Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

16. Slide 16 Issues in County Government  County government has both staunch defenders and harsh critics.  Proponents declare that counties are the unit of local government that is closest and most responsive to the people.  Critics, however, charge that county government is a relic of the 19th century; it is inefficient and often corrupt.  Miami Dade Miami Dade Miami Dade  Indianapolis Indianapolis  Harris County Sports Authority Harris County Sports Authority Harris County Sports Authority Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

17. Slide 17 Issues in County Government  The long ballot and responsibility of the voters  Long ballot is an election system that provides for the election of nearly every public official of any significance.  Critics charge that the long ballot makes it difficult for county voters to intelligently choose qualified officeholders, at least in urban areas.  There are concerns for democracy, or at least that it does not work well, if voters are unaware of public officials.  Critics would like to reform the system to make county officials more accountable, at least in urban areas.  Reformers would like to reduce the number of elected county officials, either consolidating positions or providing for the appointment of officials by a single county executive. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

18. Slide 18 Issues in County Government  Hiring, purchasing, contracting, and conflict of interest  Conflict of interest refers to a situation in which the personal interests of a public official may clash with that of the official’s personal responsibilities.  Critics believe that county operations make conflict of interest inevitable with respect to awarding government contracts, and hiring and firing of personnel.  Critics contend that county officials often hire and fire employees for political reasons. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

19. Slide 19 Issues in County Government  Hiring, purchasing, contracting, and conflict of interest (cont.)  Another concern is the absence of centralized purchasing in most counties since each department contracts for goods and services on its own, often without the benefit of competitive bids.  Because state law prohibits competitive bidding, individual commissioners decide which firms receive the contracts for work in their precincts.  As a result, the contracting process is highly controversial. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

20. Slide 20 Issues in County Government  Decentralization and accountability  Critics believed that decentralization of county government makes it difficult for county officials to fulfill the responsibilities of their offices and impossible for voters to accurately evaluate their performance.  In many instances, the commissioners have no direct control over the elected department heads who administer county programs. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

21. Slide 21 Issues in County Government  Structural inflexibility and the twenty-first century  Concern is whether county government is able to respond to contemporary policy problems, especially in urban areas.  Lack of ordinance-making powers makes it difficult for county government to address contemporary problems.  If counties could make ordinances, they could better address issues of urban development in unincorporated areas, such as land use, flood control, environmental protection, and neighborhood integrity. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

22. Slide 22 County Politics  The nature of county politics depends on the county.  In rural and small-town Texas, county government is high profile because counties are the primary units of local government.  In urban areas, county governments are big business, but low profile.  County government in urban areas is important, especially to selected segments of the population, i.e., individuals without health care and residents of unincorporated areas who rely on the county for various services.  County politics in urban Texas involves conflict between downtown and the suburbs, with undercurrents of race and ethnicity, class, and party politics. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

23. Slide 23 School Districts  Introduction  Many Texas consider school districts the most important unit of local government.  Many homeowners pay more money in school property taxes than they do in county and city property taxes combined.  School districts are major employers, and school activities, especially high school football, are the focus of social life in many communities. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

24. Slide 24 School Districts  Public School Administration  Independent school districts (ISDs) are units of local government that provide public education services to district residents from kindergarten through the twelfth grade.  Independent school districts are special district governments.  The state has over 1,000 school districts, varying in student population size. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

25. Slide 25 School Districts  Public School Administration (cont.)  Independent School Districts  The governing body for ISDs is the board of trustees, generally composed of seven members (although some of the larger districts have nine members).  School trustees are elected in nonpartisan elections to serve terms of two, three, four, or six years; they may be elected either at large or from districts.  Board of trustees approves the budget, sets the property tax rate, and arranges financial audits.  Board of trustees hires a superintendent, a professional school administrator who manages the day-to-day operation of the district and ensures that the board’s policies are implemented effectively. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

26. Slide 26 Education Finance  Sources of revenue  Federal government  State government  Local taxpayers  In 2005-6, the average ISD received  53 percent of its funds from local tax sources  36 percent from the state  11 percent in federal grant money.  Figure 12.2 shows the relative importance of the three revenue sources for school districts. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

28. Slide 28 Education Finance  Funding sources vary dramatically among school districts.  Figure 12.3 compares funding for two large, big-city school districts. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

30. Slide 30 Education Finance  District funding reflects differences in the way money is raised or awarded.  The federal government gives money to school districts through federal grant-in-aid programs, which are programs through which the national government gives money to state and local governments to spend in accordance with set standards and conditions.  School Lunch program is a federal program that provides free or inexpensive lunches to children from poor families.  Bilingual education is a program that provides for the teaching of subjects in both English and a student’s native language, usually Spanish. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

31. Slide 31 Education Finance  The Foundation School Program is the basic funding program for public education in the state of Texas.  The legislature establishes certain minimum standards that school districts must meet in such areas as teacher compensation and student transportation.  The actual amount of money a district receives from the Foundation School Program depends on district wealth, local property tax rates, and other factors.  In general, poorer districts receive more money from the state than wealthier districts. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

32. Slide 32 Education Finance  The Available School Fund (ASF) is another fund through which the state distributes money to school districts  In the 1850s, the legislature set aside a large block of state land to create a trust fund for public education.  The Permanent School Fund is a fund constitutionally established as an endowment to finance public elementary and secondary education. It receives the income from the sale and lease of state lands, and from royalties earned from the oil and gas production on state lands.  The interest income and dividends from the Permanent School Fund but not the principal is directed into the ASF, which is then made available to school districts.  ASF is also supported from one-fourth of the taxes collected on motor fuels and natural resources. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

33. Slide 33 Education Finance  Local property taxes also fund public education  School districts use local tax money to participate in the Foundation School Program and for “local enrichment.”  School tax rates tend to be higher than the property tax rates assessed by counties and cities.  Most districts have tax rates between $1 and $2 per $100 valuation.  School districts grant property tax breaks to homeowners and people over 65 years of age, i.e., the homestead exemption. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

34. Slide 34 Education Finance  Controversy in financing public education  In 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.  The Robin Hood Plan became the response of the legislature to the decision of Edgewood v. Kirby. The plan was a reform of the state’s school finance system, designed to increase funding for poor school districts by redistributing money from wealthy districts.  Under the Robin Hood Plan poor districts have more money to spend while wealthy districts have less money.  Table 12.2 compares the Highland Park ISD in Dallas with the Edgewood ISD in San Antonio. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

36. Slide 36 Issues in Education Policy  Charter Schools  Texas is one of 41 states that have charter schools.  A charter school is a publicly funded but privately managed school that operates under the terms of a formal contract or charter with the state.  In 2006, 71,000 students attended charters on one of 313 campuses. The cost to the state was $536 million.  Each charter school is not part of an independent school district. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

37. Slide 37 Issues in Education Policy  Charter Schools (cont.)  Charter schools are exempt from most state education regulations.  Charter schools are controversial, having both supporters and critics.  The charter school experiment in Texas has had mixed results. As a whole they have not performed as well on the TAAS and TAKS as their public school counterparts. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

38. Slide 38 Issues in Education Policy  Parental Choice  Parental choice is the educational concept that allows parents to choose which school their children will attend, and leading to an improvement in educational quality because of school competition for students.  The parental choice program is a program in which the state gives parents a voucher that would provide a type of scholarship to be paid to the school that the parents select for their child to attend. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

39. Slide 39 Issues in Education Policy  Parental Choice (cont.)  The Texas legislature has created a limited program of parental choice.  Parents of students in schools that are rated “Low Performing” in two of the last three years can transfer their children to any other public school that will agree to receive them, including charter schools.  In 2007, students attending 284 low-performing schools had the option to transfer to other public schools within the same district. However, few students took advantage of this opportunity. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

40. Slide 40 Issues in Education Policy  Class Size  Concept of class size is that teachers can do a better job if they have fewer students in class.  Texas law caps the size of classes in kindergarten through the fourth grade at 22 students, although districts may request a waiver if a school is struggling with rapid growth or lacks facilities.  Critics argue that the movement to reduce class size may not be a good use of resources. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

41. Slide 41 Issues in Education Policy  Merit Pay  Some education reformers believe that teachers who do a particularly good job should be rewarded financially.  Critics say measures used to show merit often fail to capture the essence of good teaching and that pay for all teachers should be raised.  In 2005 Texas began a merit pay system with funds available for teachers bonuses to teachers at low performing schools whose students did well on standardized tests.  In 2007 the merit pay program was expanded but half of all districts refused to participate because the program required that districts raise 15% of the funds themselves. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

42. Slide 42 Issues in Education Policy  Bilingual Education  Bilingual education is the teaching of academic subjects in both English and the student’s native language.  Bilingual education is a controversial education policy issue.  Advocates argue that it enables students whose primary language is not English to learn academic subjects in their own language while they work on their English; opponents, however, argue that it retards the English language development of non-English speaking students.  Texas schools use a mixture of bilingual education and English-language immersion programs. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

43. Slide 43 Issues in Education Policy  Basic-Skills Testing  Texas is the model for the No Child Left Behind Act of 2001, which is the federal law that requires state governments and local school districts to institute basic skills testing as a condition for receiving federal aid.  The Texas Education Agency (TEA) uses TAKS scores along with annual dropout rates and four-year graduation rates to rate schools and schools districts as exemplary, recognized, academically acceptable, and academically unacceptable.  In 2006-7, 637 schools statewide earned exemplary status, compared to 301 schools that were rated academically unacceptable. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

44. Slide 44 Issues in Education Policy  Basic-Skills Testing (cont.)  President Bush and other advocates of basic-skills testing point to a steady improvement in TAAS scores as evidence that the system is working.  Critics of the basic-skills testing believe that higher test scores show that school administrators have learned to game the system rather than demonstrate true academic achievement. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

45. Slide 45 Issues in Education Policy  Basic-Skills Testing (cont.)  The results of basic skills testing are mixed in Texas.  Texas students lag behind their counterparts in other states in their performance on the Scholastic Assessment Test (SAT).  Texas does an average job at best in preparing students for college. Half the students entering public colleges and universities in the state are unprepared for college- level work in math, reading, or writing, and therefore, must take at least one remedial course. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

46. Slide 46 Special Districts  Special District  A unit of local government created to perform specific functions. For example, soil and water conservation districts work to prevent soil erosion and preserve water resources.  Special districts provide important governmental services to millions of Texans.  Types of special districts  Utility district is a special district that provides utilities such as water and sewer service to residents living in unincorporated urban areas.  Hospital district is a special district that provides emergency medical services, indigent health care, and community health services. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

47. Slide 47 Special Districts  Reasons for Special Districts  Provide services that other units of local government cannot or will not provide  Provide an advantageous approach to solving problems that transcend the boundaries of existing units of local government  Political expediency and financial gain Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

48. Slide 48 Special Districts  Creation, Organization, and Operation  Special districts are created through a variety of procedures.  Creation through constitutional amendment  Authorization by the Texas legislature  Creation by commissioners court  Generally, 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.  The board may be appointed or elected.  The board sets basic policy, but leaves the day-to-day operation to a professional staff. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

49. Slide 49 Special Districts  Funding  Special districts receive funding from a variety of taxing sources.  Levying taxes  Assessing property taxes  Levying sales taxes  Charging hotel/motel occupancy taxes  Special districts also raise revenue from service charges.  Water and sewer usage fees  Garbage pickup fees  Tuition payments  Toll road fees  They receive funding from other units of government. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

50. Slide 50 Special Districts  Evaluation of Special Districts  Supporters argue that they provide services that otherwise would not be available.  Critics identify several problems areas.  Special districts operate in the shadows with very little state supervision and public participation.  Special districts generally operate less efficiently than general-purpose units of local governments such as cities and counties.  Multiplicity of special districts in Texas complicates the problems of urban government. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.

51. Slide 51 Conclusion: Local Government and Public Policy  Counties, school districts, special districts, and cities operate within the constraints imposed by the federal and state governments and by the economic environment.  Local governments are limited governments and must conform to rules and regulations established by higher levels of government.  Local officials have room to make meaningful policy decisions within the boundaries established by outside forces.  Thus, for local governments policymaking is influenced by external forces. Copyright @ 2010, 2008, 2006 Pearson Education, Inc.