Two North Texas school districts are pushing back on the state鈥檚 recapture law, saying the funds should instead go to support local students.
In a 5-1 vote during , Keller ISD鈥檚 school board voted to stop paying recapture money to the state next year. Also on Monday, Carroll ISD鈥檚 board discussed doing the same.
Under recapture, also known as Robin Hood, property-wealthy districts 鈥� such as Keller, Carroll, Plano and Dallas 鈥� are required to send excess property tax revenue to the state, which distributes it property-poor districts. In a state where local property taxes help fund a local district鈥檚 school system, districts without valuable, taxable properties benefit from the redistribution.
But after sending millions of dollars to Austin over the years, Keller ISD is saying enough.
鈥淲e haven't gotten a single penny to cover the cost of inflation or any sort of funding whatsoever to help offset teacher pay raises," board president Charles Randklev said. "And yet we're just going to send money back and be OK with it, I think is, is problematic.鈥�
The district already made this year鈥檚 required payment, , one of a handful of alternatives.
But the resolution approved Monday states that the district 鈥渄oes not intend to delegate the authority to Interim Superintendent John Allison or other District administrator to obligate the District under Chapter 49 of the Texas Education Code for any payment to be made for the excess of the District鈥檚 entitlement, if any, for the 2024-2025 school year.鈥�
Trustee Ruthie Keyes was the lone 鈥榥o鈥� vote.
鈥淚 think if we don't make this (payment), then what are we saying to people, our children, or our community? Well, if we don't like something, we don't pay it. I would never tell one of my kids, 鈥榊ou don't have to pay your bills if you don't want to.鈥�
鈥淭hat's what it is. I mean, it's a bill,鈥� she said. 鈥淒o I like it? No, I certainly don't. But it's there. I think what we're telling people is we don't have to follow the law.鈥�
Keyes said she fears non-payment of recapture would invite a lawsuit from Texas.
鈥淚 just think the money that is going to be spent in fees and things like that is going to be so much larger than that,鈥� she said.
Randklev pushed back.
鈥淎t what point, Ruthie, is it going to be too much for you?鈥� he asked. 鈥淭his idea that 鈥榳e have to pay it just because鈥� is insane.鈥�
He said the board has a 鈥渇iduciary responsibility鈥� to the district.
"And as part of that fiduciary responsibility, I think it's protecting the funds that we have,鈥� he said. 鈥淎nd sending $2.5 million in 鈥榓ttendance credits,鈥� whatever that is, is tantamount to a shakedown by Austin.鈥�
"This idea that 鈥榳e have to pay it just because鈥� is insane."
Randklev and other Keller trustees accused Austin of holding at least $4 billion in recapture funds without sending it to any school districts. They wanted proof the money was going where it鈥檚 supposed to.
Keller ISD鈥檚 move follows a similar one by Spring Branch ISD鈥檚 school board last month. Houston Public Media reports trustees there said they were paying recapture money but the state was not forwarding all of it to Texas schools.
Meanwhile, Carroll ISD board members will likely vote in a coming meeting on a similar resolution to withhold next year鈥檚 recapture money.
"Our elected representatives in Austin have neglected to address school funding by refusing to raise the basic allotment (per student), despite a 15% inflation from 2019, which was the last time the basic allotment was raised,鈥� board president Cameron Bryan said Monday. 鈥淪chool districts around the state, especially recapture districts like us, are struggling to make ends meet. Yet we blindly send a third of our property taxes to the state, unaccounted for.鈥�
Some Carroll trustees expressed concerns the state will penalize the district if it doesn鈥檛 pay recapture money.
Trustees from Keller and Carroll ISDs hope their demands for changing the way education鈥檚 funded in Texas might occur when lawmakers meet again. That could happen in October, when Gov. Greg Abbott is expected to call another special session about school funding, primarily focused on school vouchers.
