The Robin Hood plan was a media nickname given to legislation enacted by the U.S. state of Texas in 1993 to provide court-mandated equitable school financing for all school districts in the state, in response to the Texas Supreme Court's ruling in Edgewood Independent School District v. Kirby.
Statutory law or statute law is written law set down by a body of legislature or by a singular legislator. This is as opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legislatures or local municipalities.
In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.
Texas is the second largest state in the United States by both area and population. Geographically located in the South Central region of the country, Texas shares borders with the U.S. states of Louisiana to the east, Arkansas to the northeast, Oklahoma to the north, New Mexico to the west, and the Mexican states of Chihuahua, Coahuila, Nuevo León, and Tamaulipas to the southwest, and has a coastline with the Gulf of Mexico to the southeast.
The law "recaptured" property tax revenue from property-wealthy school districts and distributed those in property-poor districts, in an effort to equalize the financing of all school districts throughout Texas.
Article 7 of the Texas Constitution states, in part, "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support and maintenance of an efficient system of public free schools". [ citation needed ] Otherwise, state funding is determined by the Texas Legislature.[ citation needed ] The primary source of education funding in Texas remains with the school districts' ability to assess property taxes.[ citation needed ]However, the state of Texas only dedicates $.0025 portion of the state sales tax and the net proceeds from the Texas Lottery, as well as earnings from the Permanent School Fund, to primary and secondary education.
A sales tax is a tax paid to a governing body for the sales of certain goods and services. Usually laws allow the seller to collect funds for the tax from the consumer at the point of purchase. When a tax on goods or services is paid to a governing body directly by a consumer, it is usually called a use tax. Often laws provide for the exemption of certain goods or services from sales and use tax.
The Texas Lottery is the government-operated lottery available throughout Texas. It is operated by the Texas Lottery Commission, headquartered in downtown Austin.
The Texas Permanent School Fund is a sovereign wealth fund which serves to provide revenues for funding of public primary and secondary education in the US state of Texas. Its assets include many publicly owned lands within Texas and various other investments; as of the end of fiscal 2014, the fund had an endowment of $36.3 billion. The fund is distinct from the Permanent University Fund, which funds most institutions in the University of Texas System and the Texas A&M University System, but no other public universities or schools in the state.
In 1984, the Mexican American Legal Defense and Educational Fund filed suit against state Commissioner of Education William Kirby on behalf of the Edgewood Independent School District in San Antonio, citing discrimination against students in poor school districts. The plaintiffs charged that the state's methods of funding public schools violated the Texas state constitution, which required the state to provide an efficient public school system.
The Mexican American Legal Defense and Educational Fund (MALDEF) is a national non-profit civil rights organization formed in 1968 to protect the rights of Latinos in the United States. Founded in San Antonio, Texas, it is currently headquartered in Los Angeles, California and maintains regional offices in Sacramento, San Antonio, Chicago, and Washington, D.C.
Edgewood Independent School District is a public school district based in San Antonio, in Bexar County, Texas (USA).
School finance lawsuits must take place in state court, since the U.S. Supreme Court ruled in 1973 that education is not a fundamental right protected by the U.S. Constitution (San Antonio v. Rodriguez). The case, Edgewood Independent School District v. Kirby, eventually went to the Texas Supreme Court, which unanimously sided with Edgewood.
Passage came in 1993, after the Texas Supreme Court threw out two attempts by the Texas Legislature to write a constitutional school-finance system. The Legislature finally passed a funding plan that was accepted by the Court, in 1993.
The Legislature of the state of Texas is the state legislature of Texas. The legislature is a bicameral body composed of a 31-member Senate and a 150-member House of Representatives. The state legislature meets at the Capitol in Austin. It is a powerful arm of the Texas government not only because of its power of the purse to control and direct the activities of state government and the strong constitutional connections between it and the Lieutenant Governor of Texas, but also due to Texas's plural executive.
The goal of the system was an attempt to prohibit wealthy districts from being able to raise revenue to provide benefits which poorer districts could not. Two provisions of the legislation would seek to implement this:
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But 10 years later, the Robin Hood plan was in jeopardy again. In November, 2005, the Texas Supreme Court ruled that, since the vast majority of school districts were having to tax at the maximum maintenance-and-operations (M&O) tax rate of $1.50 per $100 of property valuation just to raise enough money to meet state mandates, the school-finance system was, in effect, a state property tax, which is prohibited by the Texas Constitution. The Texas Legislature, meeting in a special session in April and May, 2006, passed legislation that met the court's requirements that local districts have "meaningful discretion" in setting tax rates. A series of bills changed the school finance system to cut school M&O property taxes by one-third by 2008, but allowed local school boards to increase tax rates from the new, lower levels, although generally only with voter approval. Some of the local property tax revenue lost by the one-third cut will be replaced by state revenue from a new business tax and higher cigarette taxes. The Comptroller estimated a five-year $23 billion shortfall from the revised tax system.
Proposition 13 was an amendment of the Constitution of California enacted during 1978, by means of the initiative process. The initiative was approved by California voters on June 6, 1978. It was declared constitutional by the United States Supreme Court in the case of Nordlinger v. Hahn, 505 U.S. 1 (1992). Proposition 13 is embodied in Article XIII A of the Constitution of the State of California.
The Government of India, often abbreviated as GoI, is the union government created by the constitution of India as the legislative, executive and judicial authority of the union of 29 states and seven union territories of a constitutionally democratic republic. It is located in New Delhi, the capital of India.
Claremont School District v Governor of New Hampshire is an important legal case in New Hampshire. In the mid-1990s, the city of Claremont, New Hampshire started a process against the State of New Hampshire, challenging the constitutionality of the New Hampshire allocation of school funding.
The Constitution of the State of Texas is the document that describes the structure and function of the government of the U.S. state of Texas.
The State of New Hampshire has a republican form of government modeled after the Government of the United States, with three branches: the executive, consisting of the Governor of New Hampshire and the other elected constitutional officers; the legislative, called the New Hampshire General Court, which includes the Senate and the House of Representatives; and the judicial, consisting of the Supreme Court of New Hampshire and lower courts.
The Seventy-ninth Texas Legislature met from 11 January to 30 May 2005 in regular session, and in consecutive called sessions from 21 June to 20 July and 21 July to 19 August 2005. It met again in 2006 from 17 April to 16 May. Most of the members of the House of Representatives and 15 members of the Senate were elected in the 2004 general election; the other House members were elected in special elections held in 2006.
The Seventy-eighth Texas Legislature met from January 14 to June 2, 2003 in regular session, and in three called sessions in 2003, and a fourth called session in 2004. All members of the House of Representatives and all members of the Senate were elected in the 2002 General Election.
San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), was a case in which the Supreme Court of the United States held that San Antonio Independent School District's financing system, which was based on local property taxes, was not an unconstitutional violation of the Fourteenth Amendment's equal protection clause.
At the 2004 and 2005 Town Meetings, the citizens of the ski resort community of Killington, Vermont, voted in favor of pursuing secession from Vermont and admission into the state of New Hampshire, which lies 25 miles (40 km) to the east.
Act 60, known as "The Equal Educational Opportunity Act", was a Vermont law enacted in June 1997 by the Vermont legislature intended to achieve a fair balance of educational spending across school districts, independent of the degree of prosperity within each district. The law was in response to a Vermont Supreme Court decision in the Brigham vs. State of Vermont case, wherein the court ruled that Vermont’s then existing educational funding system was unconstitutional, because it allowed students in towns with higher total property values to receive a higher level of education funding per pupil than students in towns with lower property values. Act 60 was followed by Acts 68 and 130, which addressed some imbalances caused by Act 60.
The 2007 Texas Constitutional Amendment Election took place 6 November 2007.
The Connecticut Supreme Court issued its ruling in Horton v. Meskill on April 19, 1977. It held that the right to education in Connecticut is so basic and fundamental that any intrusion on the right must be strictly scrutinized. The Court said that public school students are entitled to equal enjoyment of the right to education, and a system of school financing that relied on local property tax revenues without regard to disparities in town wealth and that lacked significant equalizing state support was unconstitutional. It could not pass the test of strict judicial scrutiny. The Court also held that the creation of a constitutional system for education financing is a job for the legislature and not the courts.
DeRolph v. State is a landmark case in Ohio constitutional law in which the Supreme Court of Ohio ruled that the state's method for funding public education was unconstitutional. On March 24, 1997, the Supreme Court of Ohio ruled in a 4-3 decision that the state funding system "fails to provide for a thorough and efficient system of common schools," as required by the Ohio Constitution, and directed the state to find a remedy. The court would look at the case several times over the next 12 years before it relinquished jurisdiction, but the underlying problems with the school funding system remain to this day.
Land value taxation has a long history in the United States dating back from Physiocrat influence on Thomas Jefferson and Benjamin Franklin. It is most famously associated with Henry George and his book Progress and Poverty (1879), which argued that because the supply of land is fixed and its location value is created by communities and public works, the economic rent of land is the most logical source of public revenue. and which had considerable impact on turn-of-the-century reform movements in America and elsewhere. Every single state in the United States has some form of property tax on real estate and hence, in part, a tax on land value. However, Pennsylvania in particular has seen local attempts to rely more heavily on the taxation of land value.
Taxes in Indiana are almost entirely authorized at the state level, although the revenue is used to fund both local and state level government. The state of Indiana's income comes from four primary tax areas. Most state level income is from a sales tax of 7% and a flat state income tax of 3.3% with another cut coming in 2017 that will bring the rate down to 3.23%. The state also collects an additional income tax for some counties. Local governments are funded by a property tax that is the sum of rates set by local boards, but the total rate must be approved by the Indiana General Assembly before it can be imposed. Residential property tax rates are capped at maximum of 1% of property value. Excise tax is the fourth form of taxation and is charged on motor vehicles, alcohol, tobacco, gasoline, and certain other forms of movable property; most of the proceeds are used to fund state and local roads and health programs. The Indiana Department of Revenue collects all taxes and pays them out to the appropriate agencies and municipalities. The Indiana Tax Court deals with all tax disputes issues, but decisions can be appealed to the Indiana Supreme Court.
Serrano v. Priest refers to three cases regarding the financing of public schools in California that were decided by the California Supreme Court: Serrano v. Priest, 5 Cal.3d 584 (1971) ; Serrano v. Priest, 18 Cal.3d 728 (1976) ; and Serrano v. Priest, 20 Cal.3d 25 (1977).
Miller v. Korns (1923) is a significant legal case in the US state of Ohio. It was one of the first Ohio Supreme Court cases to challenge the Ohio State General Assembly's system of school financing.
Public schools in the United States of America provide basic education from kindergarten until the twelfth grade. This is provided free of charge for the students and parents, and it is mandated by the state. With the completion of this basic schooling, one obtains a high school diploma as certification of basic skills for employers. Although free to the population, many do not finish and obtain their diplomas due to personal hardships and differences in educational quality and available materials across different school districts.