Texas is Fighting the Education Department ... Again

Texas is at it again: the state filed legal action against the federal government on Thursday, this time a complaint against the Education Department.  The complaint, led by state Attorney General Greg Abbot, reads that the Education Department "unlawfully disapproved" Governor Rick Perry's request for $830 million in disputed education money, allegedly the state's share of a $10 billion education jobs package passed by Congress last month.  An amendment to the package, proposed by Congressman Lloyd Doggett requires Texas to retain the same level of education funding for three years to qualify for the money.

The Education Department rejected Governor Perry's request for funding on the grounds of the Doggett amendment.   Texas claims that the Education Department misapplied federal law and unconstitutionally discriminated against Texas since the Doggett amendment applies only to Texas and not to any other state.

In writing the complaint, Attorney General Abbott says: "The Doggett amendment singles out Texas for discriminatory treatment and requires Texas to make assurances that were not required of any other state. But worse, when Texas tried to satisfy the heightened standard, the state's application was rejected and Texas schoolchildren were denied hundreds of millions of dollars in education funding."  The Education Department fired back saying that Governor Perry's intentional alteration of the funding application delayed the release of the funds.  Education Secretary Arne Duncan says the funds are still being held for Texas once the guidelines of the Doggett amendment are met.  So now a Federal Court will hear the complaint and decide.

So who's at fault here?  Attorney General Abbot, on behalf of the State of Texas, has filed ten complaints against the Federal Government this year.  And while not all of his complaints were education related, he seems to have either a strong dislike for the Feds or a happy fetish with filing lawsuits.

Photo Credit: S.D. Bruns