Teacher Group Sues Over School Funding

The Daily Oklahoman ^ | 01-12-06 | Chris Schutz

[Osage Orange]

Teacher Group Sues Over School Funding

By Chris Schutz

The Oklahoman

Oklahoma's public schools are underfunded by about $1 billion a year and have about $3 billion of infrastructure needs the state should pay for, the state's largest teacher union charged in a lawsuit filed Wednesday in Oklahoma County District Court.

The lawsuit by the Oklahoma Education Association names the state of Oklahoma, Senate President Pro Tempore Mike Morgan and House Speaker Todd Hiett as defendants.

Joining the OEA as plaintiffs in the lawsuit are the Western Heights, Jenks and Foyil school districts.

The lawsuit was filed "on behalf of every child in Oklahoma," said Joe E. White Jr., an attorney for the plaintiffs who spoke during a news conference at Western Heights' offices on Wednesday.

The plaintiffs think the state shouldn't have to raise taxes if the lawsuit succeeds, White said. They argue that "the taxpayers provide enough resources to pay for this," he said.

Common education has a budget of more than $2 billion this year.

Consolidation feared

Two rural lawmakers said they fear the lawsuit could lead to consolidation of smaller school districts.

"When a similar lawsuit challenged Arkansas' school funding system, rural counties paid the price," said state Rep. Dale DeWitt, R-Braman, a retired teacher. "Instead of improving schools, the state of Arkansas had to close them."

State Rep. Jeff Hickman, R-Dacoma, said that in Arkansas, 57 small school districts were eliminated as part of the finance-structuring that occurred.

"I have the empty school buildings in my district in northwest Oklahoma to prove that we have done more than our fair share of consolidating," Hickman said.

The two legislators specifically named as defendants condemned the filing of the suit.

Morgan, D-Stillwater, said, "I'm very disappointed that the OEA has decided to follow the advice of a national teachers union and take this issue to court in adversarial manner rather than being willing to continue to work (to) improve Oklahoma's schools."

Hiett, R-Kellyville, said, "The OEA is trying to strip taxpayers' rights to oversee education, and instead put that power in the hands of courts."

Critical study cited

White said the state has not released the results of a study of Oklahoma's school funding. The study ordered by the state's Legislative Service Bureau was conducted by education consulting firm Augenblick, Palaich & Associates of Denver, the lawsuit states.

To estimate Oklahoma's rate of underfunding, the OEA asked the consulting firm to compare Oklahoma's school funding and demographic data with "adequacy studies" conducted in Nebraska and Kansas.

The comparison with Nebraska's data indicated Oklahoma's schools are underfunded by $908 million. Comparisons with Kansas' data indicated underfunding of $1.4 billion, the lawsuit states.

In a statement issued Wednesday, the Oklahoma Council of Public Affairs contended Oklahoma schools already get $11,250 per student. "If that's not 'adequate,' I don't know what is," said Brandon Dutcher, the group's vice president.

Mike McGregor, superintendent of Foyil schools, questioned Dutcher's figure, saying his district gets about $3,600 per student.

'Maxed out' on bonds

The plaintiffs also argue the Oklahoma Constitution requires the state to provide money to the school districts for capital improvements.

The Legislature has "refused, neglected and failed to provide any appropriation to the constitutionally created State Public Common School Building Equalization Fund," the lawsuit states.

McGregor said his rural Rogers County district is "maxed out" on its bonding capability. "We continue to grow," he said

Support of voters is not the problem, McGregor said. The district's last 10 bond issues received the approval of 70 percent of the voters, he said.

Districts such as his must add on through lease-purchase plans because they've run out of bonding capability, McGregor said. The districts wind up paying for projects during several years, he said.

"It's not good fiscal sense," McGregor said.

Roy Bishop, president of the OEA, said some districts have run out of resources to treat problems like mold in the schools and out-of-date materials. He also said districts must resort to fund-raisers to pay for basic needs.

The state has wasted resources that could have gone to the state, such as the $90 million that was returned to taxpayers this year in the form of rebates, White said. "What good did $45 do me?" he said.

The plaintiffs argue that if the Legislature were to increase the common education budget to 39 percent of the state's budget, it would help make up the difference, White said. He estimated common education now gets 35 percent of the state's gross budget.

White said it may take several years to resolve the lawsuit. "The fight we have ahead of us is going to be tough," he said.

Oklahoma teachers are funding the costs of filing the lawsuit, White said.

Similar lawsuits have been filed in about 30 states in the past 15 years, said Richard B. Wilkinson, OEA's general counsel. Of those, "seven or eight" remain active, he said.

[Osage Orange]

The state has wasted resources that could have gone to the state, such as the $90 million that was returned to taxpayers this year in the form of rebates, White said. "What good did $45 do me?" he said.

I liked this guy's comment....My wife and I each had $45 returned to us. I sure DIDN'T think it was WASTED!!!

Moron!!

[CondorFlight]

Last time I looked it was the job of the legislature to allocate state tax revenues. It was NOT the job of the judges to allocate tax revenues.

The suit should be tossed out.

But of course, the black robes think they are our kings.

[Steve Van Doorn]

"What good did $45 do me?"

Why did he cash the check?

[PhiKapMom]

Heard recently that 68% of the Oklahoma budget goes to our union run schools -- a lot of our school districts have superintendents and full administatives staffs for a small amount of students but when you dare mention administration consolidation, the teacher's union goes bonkers.

Personally think too much of our hard earned tax dollars are going down the drain in funding some of these schools -- more money isn't the answer -- accountability of teachers, administrators, and our elected officials is what is needed. They have too much of the budget as it is.

What happened to Gov DoLittle's promise that the lottery was going to fund schools? Except for a few districts like Norman who ended up with a surplus when districts went in the hole, this is the worst run state school system I have witnessed to date. What was Norman's reward for not having to borrow money? Zero, zip nada but school districts who went in the hole got bailed out -- teachers lost their jobs -- how about administrators.

This State's school system is a perfect example of what happens when the RAT unions are in power forever. This is the first time in over 70 years the House in OK is in Republican control but we have never had the Senate and lost the Governor's race in 2002 to the RAT Gov DoLittle. The result -- horrible infrastructure of some schools and test scores to match.

We need a new State Superintendent who doesn't believe throwing more money at failing schools is the answer.

My more than two cents! Ask me how I really feel!

[Osage Orange]

The infrastructure didn't just fall apart on Dufuss's watch...but it's not been helped either. HA!!

Yes, from what I read....there are approx. 537 public school districts ( 425 independent and 111 dependent )in the state. You are correct that you cannot mention consolidation....without ducking for cover.

Yep, it's lucky I'm not King of Oklahoma...because I would be slicing and dicing the pork and waste in the Dept of Public Education.

The lottery is a joke.......and will provide very little money to the schools. But, the only thing most politicians can stomach is to "throw more money" at problems....so they can say they've "done something".

Someday....maybe people will say "No more!!" and make it stick. Oh...I can dream, can't I?

FRegards,

[groanup]

Oklahoma is like every other state. For some reason it takes three boards of education to run the public schools: the feds, the state and the local. Eliminating two of those three should free up quite a bit of money for Oklahoma's school system. It might even improve the academics.

[Eva]

I have a proposal to do an end around on the teachers' union. I propose that we have two levels of teachers, the professional level and the union level. The professionals would be the heads of the depts, the music teachers, coaches and other teachers who do more than teach class. The professionals would not only manage the union teachers, but would work a year long schedule and an 8-5 day, which would include prep time and maybe even time for course work of their own. Professionals might not even have teaching degrees. Professional experience might substitute for teaching credits.
The union workers would continue to work their union schedule for union wages. The professionals would recieve professional level wages.

[Osage Orange]

Agreed.

[PhiKapMom]

I have the same dream that one day someone in power will wake up and say enough is enough -- consolidate or pay for your own schools.

I don't see why there are not County Superintendents in the counties with small school districts instead of every school having the same amount of administrators. In fact when I grew up in Ohio, small school districts not just administrators were consolidated and the kids ended up with better schools. They couldn't afford to keep a bunch of really small schools operating. They should get a clue in Oklahoma but I am not holding my breath.

[PhiKapMom]

I was at a meeting recently where it was suggested that the Legislature give the money to the schools and let local district decide where the money is spent as long as their test scores are acceptable. The Governor has an Education Secretary and we have a Superintendent of all schools that have enough money to pay a lawyer big bucks for giving the news on public television. Waste of tax dollars.

I am all for getting the feds and the state out of districts that are running just fine.

[PhiKapMom]

I love that idea -- boy would that shake up the union teachers -- I can hear their screaching now.

[Sense]

I'd add you might also think about a parallel legal strategy... suing the union for fraud for claiming to be delivering education value for the money they get from you now, by force... while also pursuing anti-trust action against them for monopolizing children's access to educational options or alternatives. I'd do both "for the children" who are now having their future opportunities stolen from them by unions foisting on them the expensive sham of a "quality educational experience" that they get subjected to now.

[Eva]

Nah, it would be a waste of time. The best way to deal with a union is give them some professionals to manage them.

I once read a definintion of a professional (in the LA Times)that defined a professional as one who followed a career that necessitated a university education and put public service above financial remuneration. By this definition, a professional union is an oxymoron (with emphasis on moron).

[dufekin]

Let me attempt to extract the main idea of your post: the state school system subsidizes failure and punishes success. And when you subsidize failure, you get more failure because you make failure attractive.

A primary function of public schools is to demonstrate expensively to schoolchildren the shortcomings of liberalism. They get to live in a world of political correctness, subsidized failure, collective punishment, and social promotion. Public schools succeed if students reject these ideas; the remaining student population become schoolteachers and perpetuate the system.

Another function of the public schools is to punish the victims of poor choice. By poor choice, we mean the choice of their mothers NOT to commit feticide, and the born are victims of this poor choice. Schools serve as penal, not educational, institutions for children. In the doctrine under which public schools function, we punish the victim of any violent or other prohibited incident at least as severely as the perpetrator. Schools usually spread punishment to a larger class of students to avoid singling out an individual bully because that might lead to accusations of discrimination.

The lottery is a stupidity tax; because schools exist to vanquish stupidity, the lottery succeeds only to the extent that schools fail and stupidity remains. In other words, the lottery functions solely by subsidizing failure.

As for this lawsuit, it's entirely preposterous. Oklahoma does have far too many school districts, including many truly tiny rural high schools that really need to consolidate with one or several similar nearby schools. But there's far too much administration. The schools and school districts don't necessarily deserve the blame for all that excess administration; the state (and usually unconstitutional federal) government mandates an obscene level of bureaucracy.

[PhiKapMom]

Very well stated. You have nailed it!