1. Chapter 12
Public Policy in Texas

2. Public Policy in Texas
The Religious Viewpoints Antidiscrimination Act required Texas school districts to protect religious speech on campus, allowing students to express their faith in public. These students at Grapevine High School sang along with a Christian band at an event organized by the Christian organization Students Standing Strong.

3. 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.

4. 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

5. 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

6. 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
Students are likely very familiar with the last point. Students frequently attended schools where they shared racial/ethnic, economic, and other family characteristics (two parent/single parent household, parent education level, etc) with their peers.

7. 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.

8. 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

9. 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

10. 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

11. 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

12. 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.
PBS featured point on controversial drop out calculations in the 2012 documentary “Dropout Nation” set in a Houston ISD high school.

13. 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
1. For more on poverty guidelines, see:
2. Consider asking students to devise a monthly budget using these guidelines (for themselves only).
3. At $930 a month for all expenses, it is clearly a challenge when no other resources are available.
4. These figures may surprise students who have the perception that Texas is wealthy. Facts about wealth and income distribution may not be clear. This New York Times map can be used to look at household incomes at very local levels (zoom in) .
From the “view more maps” select income, then choose any of the economic indicators, zoom in on state and city/region of interest.

14. 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)
1. TANF—Temporary Aid to Needy Families—is actually much more than just income assistance, provides medical care and other social services.
2. Section 7 vouchers are used by households to help pay their rent on the private market, or by landlords to charge below-market rent.
3. SNAP—Supplemental Nutrition Assistance Program—is what is formerly known as food stamps (Lone Star Card in Texas)
4. All have or can have a federal component to them.

15. Temporary Aid to Needy Families
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

16. Medicaid and Health Care Policy
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.

17. Medicaid and Health Care Policy
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

18. Texas Medicaid Recipients by Age and Ethnicity
FIGURE 12.1 Texas Medicaid Recipients by Age and Ethnicity
SOURCE: Texas Health and Human Services Commission. Texas Medicaid and CHIP in Perspective. Eighth Edition. January 2011.

19. Distribution of Medical Payments by Enrollment Group in Texas
FIGURE 12.4 Distribution of Medicaid Payments by Enrollment Group in Texas
SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

20. Distribution of Medicaid Spending by Service in Texas
FIGURE 12.2 Distribution of Medicaid Spending by Service in Texas
*Disproportionate share hospital payments are made to hospitals that serve a disproportionate share of patients in poverty who are on Medicaid.
SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

21. Medicaid and Health Care Policy
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.

22. Average Annual Growth in Medicaid Spending,1990-2010
FIGURE 12.3 Average Annual Growth in Medicaid Spending, 1990–2010
SOURCE: Henry Kaiser Foundation. www .statehealthfacts.org

23. ACA and Texas Health Care Policy
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

24. Medicaid and Health Care Policy
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
The Kaiser Family Foundation updates state action on exchanges:
ACH Q&A at the New York Times
Perry on refusing exchanges and Medicaid expansion:

25. Medicaid and Health Care Policy
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
The Kaiser Family Foundation updates state action on exchanges:
ACH Q&A at the New York Times
Perry on refusing exchanges and Medicaid expansion:

26. 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

27. Water Usage by Sector FIGURE 12.5 Water Usage by Sector
SOURCE: Texas Water Development Board.

28. 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.

29. The Texas Water Development Board
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

30. No, Texas should not reject the money.
Public Opinion Quiz
Considering the amount of money Texans pay in federal income taxes, should the state reject the millions of federal dollars that would come with expanding Medicare?
No, Texas should not reject the money.
Yes, Texas should reject federal funds.

31. Is the Robin Hood system of funding public schools fair?
Public Opinion Quiz
Is the Robin Hood system of funding public
schools fair?
Yes, all state run schools should have the same basic level of funding.
No, wealthy districts should not have be required to contribute a portion of their revenue to the state.

32. Should Texas establish a state health care
Public Opinion Quiz
Should Texas establish a state health care
exchange, or should it allow the federal government to create one for the state?
Texas should establish its own exchange.
The federal government should provide the health care exchange program for Texas.

33. Should Texas have one set water policy for the entire state?
Public Opinion Quiz
Should Texas have one set water policy for
the entire state?
Yes, the law is too complicated as it is now and all Texans should abide by the same water regulations.
No, climate and geographic differences within the state demand different rules for optimal use.

34. Who should decide on the topics covered in
Public Opinion Quiz
Who should decide on the topics covered in
public school (K–12) science and history
textbooks?
Statewide elected officials
Scientists and historians (professors, teachers, and practitioners)
Parents and students