Commissioner comments on education jobs bill lawsuit

The U.S. Department of Education recently rejected Texas’ application for federal money following the passage of the Education Jobs Bill. During his regular comments to the State Board of Education on Thursday, Sept. 23, Commissioner Robert Scott took the opportunity to candidly discuss this rejection and his outlook on how the issue will be resolved.

The Education Jobs Bill provides $830 million for Texas, contingent upon Gov. Rick Perry’s making assurances that Texas will maintain current proportionate level education funding for the next three years. These assurances are only required of Texas. Scott explained his viewpoint that there are state constitutional limits on Perry’s ability to make these assurances.

Scott also stated that Texas remains in negotiations with the USDE, and noted that on Wednesday the Secretary of Education had informed Scott that he believes Texas will receive the funds.

A few hours later, Scott addressed the SBOE again to inform them that the Attorney General had filed a petition with the 5th Circuit Court of Appeals. The petition argues that the rejection of Texas’ application for the federal funds should be reversed because Perry has made the funding assurances that he can without running afoul of the Texas Constitution.

The petition also argues that the Doggett amendment to the Education Jobs Bill should be stricken as it is an unconstitutional condition placed solely on Texas. While the challenge proceeds, the federal government may not divert the $830 million slated for Texas to other states, and the Texas Education Agency and the USDE may continue their negotiations.