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Tuesday, February 5, 2013

We Need a New Penal Code

I am thrilled that Judge Dietz ruled that our current process of funding public schools is unconstitutional.  He declared the system “Inadequate, inequitable and that it constitutes a state property tax.”  Even more impressive was the story the judge told about playing chess in the valley and how that relates to public school funding.  Bottom line, education costs money but ignorance costs more money. You can read his comments here: 
Edna ISD was a party to this suit, so we are on the winning side.  We sued the state of Texas to prove that the school finance system was unconstitutional.  We won!  But, it is not over yet.  The state, who lost, will appeal, and then the Supreme Court of Texas will have to rule.  The Legislature is currently in session and they have an excuse now to do nothing but wait for the court to tell them what they must do.  Even so, I should be happy.  As I think about it, however, I am not happy.
It is incredibly sad that school districts must ban together to sue their own state to get adequate and equitable funding.  It is incredibly sad that a state judge looks at our school finance system and rules that it is unconstitutional.  The current finance system was put in place after the court ruled in 2005 that the system was unconstitutional.  In 2006 the Legislature created our current system which we now know to be unconstitutional.  The judge highlights that it is unreasonable to raise standards and increase the rigor of the tests while reducing state money.  I totally agree.  And it is incredibly sad that our Legislature did just that.
We elect these people to go to Austin and make decisions that will benefit our citizens and our state.  They have not done so.  And I wonder what the consequences are.  Clearly, if a felony was committed there would be prison time; if a misdemeanor were committed there would be jail time and/or a fine.  But what if the law that was broken was the very constitution that gives the Legislature the authority to do anything in the first place?  Is there a higher law in Texas than our Constitution?  And yet for years and years our elected officials broke the Constitution and are getting away with it.  We would not tolerate it if they broke campaign finance laws, the selling of influence, etc., etc.  Why do we tolerate this?
We need a new Penal Code.  Anyone who in whole or in part agrees to violate any clause in the Constitution of the State of Texas is removed from office immediately and is required to teach in a public school system of Texas for a period not less than five years. 
That would send our Governor, Lieutenant Governor, and most of the Senate and most of the House to our schools to do some real work in behalf of the kids of Texas while empowering our remaining elected officials to do not only what is right, but what is constitutional.

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