MFISD will not follow Wimberley precedent

By Daniel Clifton • Daily Tribune Staff

MARBLE FALLS - The Wimberley school district’s recent decision to withhold $3.2 million from the state’s Robin Hood plan, in which property-rich schools support poorer ones, will not be followed by the Marble Falls Independent School District, a top educator said Thursday.

When Wimberley Independent School District trustees voted last week not to send their Chapter 41 payment to the state, they broke the law, MFISD superintendent Ryder Warren said.

The Marble Falls district isn’t about to go down that path with its own local Chapter 41 payment.

“I hope people in the community understand that I would never recommend to this school board to do something that goes against the law,” Warren said. “We have kids in our school who don’t like some of the rules, so what kind of example would we be setting if we as a board broke a law because we didn’t agree with it?”

Though Warren wouldn’t consider breaking the law requiring “property-rich” districts to send local property-tax revenues to the Texas Education Agency or to a partner-property-
poor school district, it’s not because he necessarily agrees with the requirement.

Chapter 41 of the Texas Education Code requires certain school districts to make the payments. The law is often referred to as Robin Hood because it takes money from property-rich districts and distributes it to poor districts.

This year MFISD will pay out approximately $2.4 million for Robin Hood. Wimberley officials said they send $3.2 million.

Warren said MFISD has a track record of fighting the Chapter 41 payment requirement.

“Three or four years ago, the school board voted to join in a lawsuit against the state and TEA challenging the school finance (law) and Robin Hood,” he said.

A state district court and then the Texas Supreme Court ruled that a portion of the school finance law was unconstitutional, but not the Robin Hood payment. So districts labeled as property-wealthy must still make Chapter 41 payments, officials said.

“We will always follow the law,” Warren said. “Now if we feel strongly enough that the law is wrong, there are ways to go about trying to change the law. And by joining the lawsuit several years ago, that’s what we did.”

District leaders also take up their concerns about school finance and Robin Hood with state leaders during the year, he said.

“We have always gone through what we think are the appropriate steps when we believe the law is wrong,” Warren said. “But I wouldn’t recommend this board break the law just because it doesn’t agree with the law.”

If MFISD officials decided to take Wimberley’s lead, it could mean significant consequences down the road.

“What the law says (if the district fails to make the Chapter 41 payment) is the TEA can come in and appoint a master to the school board,” Warren said. “That person would then be able to make all the decisions for the board. The TEA can also come in and take part of a district’s taxable value away from the district.”

TEA officials said it would not take any action against the Wimberley district at this time, but only after the Chapter 41 payment is overdue. The first Chapter 41 payments are due Feb. 15.

daniel@thepicayune.com

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MFISD will not follow Wimberley precedent