Texas House Bill HJR46

Texas 2011 - 82nd Regular

• Filed: 12/21/10

Caption

Proposing a constitutional amendment releasing a school district from the obligation to comply with an unfunded state educational mandate.

Impact

If passed, this amendment would significantly alter the financial obligations of school districts regarding state-imposed requirements. By exempting districts from mandates unsupported by state funding, it aims to provide fiscal relief. However, it may also reduce the state's control over educational standards, as districts could potentially opt out of various educational initiatives that lack state funding. The amendment places a higher priority on financial feasibility for the districts, potentially reshaping the landscape of public education in Texas.

Summary

HJR46 proposes a constitutional amendment that would release Texas school districts from the obligation to comply with unfunded state educational mandates. This amendment defines a 'state educational mandate' as any law requiring a school district to incur expenses not previously required in the absence of said law. Under the proposed changes, school districts would be exempt from mandates for which the state legislature has not provided adequate funding at the time the mandates take effect, unless certain conditions are met, such as a two-thirds legislative approval or compliance with federal standards.

Sentiment

The sentiment surrounding HJR46 appears to be mixed, with proponents arguing that it would protect school districts from undue financial burdens that arise from unfunded mandates. Supporters may view this as a necessary fiscal safeguard, especially in times of budget constraints. Conversely, opponents might express concerns that the amendment could undermine the pursuit of consistent educational standards across the state, leading to disparities in educational quality dependent on district funding capabilities.

Contention

Notable points of contention include the implications of allowing school districts to opt-out of certain mandates, which critics argue could lead to a decline in educational equity and access. Moreover, the mechanisms within the bill for approving certain mandates despite a lack of funding raise further debate. The conditions set for exceptions to the exemption may present challenges in practice, particularly in balancing educational needs against fiscal responsibility.