Chapter 12

1. Chapter 12 Public Policy in Texas

2. 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.

3. 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

4. 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

5. 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

6. 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.

7. 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

8. 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

9. 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

10. 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

11. 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.

12. 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

13. 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)

14. 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

15. Medicaid and Health CarePolicy • 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.

16. Medicaid and Health CarePolicy • 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

17. Texas Medicaid Recipientsby Age and Ethnicity

18. Distribution of MedicalPayments by EnrollmentGroup in Texas

19. Distribution of MedicaidSpending by Service in Texas

20. Medicaid and Health CarePolicy • 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.

21. Average Annual Growth inMedicaid Spending,1990-2010

22. ACA and Texas Health CarePolicy • 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

23. Medicaid and Health CarePolicy • 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

24. Medicaid and Health CarePolicy • 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

25. 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

26. Water Usage by Sector

27. Water Policy • 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.

28. Water Policy • The Texas Water Development Board • Primary water planning and financing state agency • 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