State of Texas et al v. United States of America et al

Filing 64

REPLY in Support of 5 Opposed MOTION for Preliminary Injunction, filed by Phil Bryant, Paul R. LePage, Patrick L. McCrory, C.L. "Butch" Otter, Bill Schuette, State of Louisiana, State of Alabama, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Kansas, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wisconsin. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7, # 8 Exhibit Ex. 8, # 9 Exhibit Ex. 9.a, # 10 Exhibit Ex. 9.b, # 11 Exhibit Ex. 10.a, # 12 Exhibit Ex. 10.b, # 13 Exhibit Ex. 10.c, # 14 Exhibit Ex. 10.d, # 15 Exhibit Ex. 10.e, # 16 Exhibit Ex. 10.f, # 17 Exhibit Ex. 10.g, # 18 Exhibit Ex. 10.h, # 19 Exhibit Ex. 10.i, # 20 Exhibit Ex. 10.j, # 21 Exhibit Ex. 10.k, # 22 Exhibit Ex. 10.l, # 23 Exhibit Ex. 10.m, # 24 Exhibit Ex. 10.n, # 25 Exhibit Ex. 10.0, # 26 Exhibit Ex. 10.p, # 27 Exhibit Ex. 10.q, # 28 Exhibit Ex. 10.r, # 29 Exhibit Ex. 10.s, # 30 Exhibit Ex. 11, # 31 Exhibit Ex. 12, # 32 Exhibit Ex. 13, # 33 Exhibit Ex. 14, # 34 Exhibit Ex. 15, # 35 Exhibit Ex. 16, # 36 Exhibit Ex. 17, # 37 Exhibit Ex. 18, # 38 Exhibit Ex. 19, # 39 Exhibit Ex. 20, # 40 Exhibit Ex. 21, # 41 Exhibit Ex. 22, # 42 Exhibit Ex. 23, # 43 Exhibit Ex. 24, # 44 Exhibit Ex. 25, # 45 Exhibit Ex. 26, # 46 Exhibit Ex. 27, # 47 Exhibit Ex. 28, # 48 Exhibit Ex. 29, # 49 Exhibit Ex. 30, # 50 Exhibit Ex. 31, # 51 Exhibit Ex. 32, # 52 Exhibit Ex. 33, # 53 Exhibit Ex. 34, # 54 Exhibit Ex. 35)(Oldham, Andrew)

EXHIBIT 11

App. 0736

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
BROWNSVILLE DIVISION
STATE OF TEXAS, et al.,

)
)

Plaintiffs,

)
)

v.

)

UNITED STATES OF AMERICA, et al.,

Civil Action No. 1:14-cv-00254

)

)
)

Defendants

)

DECLARATION OF LISA DAWN-FISHER
My name is Lisa Dawn-Fisher, and I am over the age of 18 and fully competent
in all respects to make this declaration. I have personal knowledge and expertise of
the matters herein stated.
1.

I am the Associate Commissioner for School Finance/Chief School

Finance Officer at the Texas Education Agency ("TEA"). I have worked for TEA since
October 2002, previously serving as the Deputy Associate Commissioner for School
Finance and as the Assistant Director for TEA's State Funding Division.
2.

In my current position, I oversee TEA's school finance operations,

including the administration of the Foundation School Program and analysis and
processing of financial data. My responsibilities also include representing TEA in
legislative hearings and school finance-related litigation.
3.

In response to requests from the Legislature and the State's leadership,

TEA has previously conducted analyses of expenditures that the State may incur if

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there is a large influx of unaccompanied children ("UAC") coming into the Texas
public school system.
4.

The U.S. Department of Education has advised TEA that UAC located

in U.S. Health and Human Services ("HHS") shelters will not be enrolled in the local
school systems. However, when students are released to an appropriate sponsorusually a parent, family member, or other relative-while awaiting immigration
proceedings, they can enroll in local schools regardless of their or their parents' actual
or perceived immigration or citizenship status. State law also requires that children
attend school up to a certain age, generally 18 years old unless the child already has
obtained a high school diploma or a General Educational Development certificate
(among other exceptions).
5.

Pursuant to the Individuals with Disabilities Education Act, local school

districts have an obligation to identify students with disabilities who may be eligible
for special education services.

Guidance received from the U.S. Department of

Education indicates that a school district has no obligation to find and serve children
who are being housed in federal detention centers; this obligation applies once the
children are placed with foster parents or a family in Texas.
6.

School funding is comprised of federal, state, and local funds.

The

funding is based on projections made by each school district the previous school year.
Districts often experience increases in their student enrollment from year to year,
and the State plans for an increase of approximately 80,000 students in enrollment
growth across Texas each year. However, a substantial influx of new students into

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App. 0738

the Texas public school system could pose a serious burden on the State and local
school districts, particularly if there is limited opportunity to plan for such an
increase.
If there is a significant increase of new students during a school year,

7.

TEA could make adjustments to the numbers of students that the State is paying for
during that school year. TEA has the ability to provide school districts with a way to
submit revised attendance figures to help the funding keep pace with student
enrollment. Currently, all the costs of educating these students would be borne by
the State.
8.

To the extent that an influx of new students is attributable to UAC,

these students would add to the State's incremental education costs just like any
other type of enrollment growth.
9.

TEA estimates that the average funding entitlement for 2015 will be

$7,903 per student in attendance for an entire school year. Assuming that a student
qualifies for the additional Bilingual and Compensatory Education weighted funding
(for which most, if not all, UAC presumably would qualify), it would cost the State
$9,473 to educate each student in attendance for the entire school year.
10.

The Foundation School Program, which serves as the primary funding

mechanism for providing state aid to public schools in Texas, currently has a surplus
of funds that is expected to continue in fiscal year 2015 (September 2014 - August
2015).

As of November 2014, this surplus was $556 million, which could

accommodate approximately 58,671 additional students funded at $9,473 per

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App. 0739

student. Notwithstanding this surplus, the Foundation School Program funds that
are utilized to cover the State's costs of providing public education to UAC in Texas
would not otherwise be spent and instead would remain part of the surplus.
11.

TEA has not received any information directly from the federal

government regarding the precise number of UAC in Texas. As a result, TEA does
not know whether any influx of new students into the State's public school system
will exceed the number of additional students that could be accommodated by the
Foundation School program surplus. However, I am aware that data from the HHS's
Office of Refugee Resettlement indicates that 7,409 UAC were released to sponsors
during the 12-month period covering October 2013 through September 2014.
Assuming that each of these children is educated in the Texas public school system
and qualifies for Bilingual and Compensatory Education weighted funding (such that
the State's annual cost to educate each student would be roughly $9,473), the total
one-year cost to educate this group of children would be approximately $70.18 million
for the year.
12.

Based on my knowledge, expertise, and research regarding school

finance issues impacting the State of Texas, I anticipate that the total costs to the
State of providing public education to UAC will rise in the future to the extent that
the number ofUAC enrolled in the State's public school system increases.
13.

All of the facts and information contained within this declaration are

within my personal knowledge and are true and correct.

4

App. 0740

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the
foregoing is true and correct.
Executed on this

(c day of January, 2015.

NELDA C EISENBECK
My Commission Expires
October 3, 2017

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App. 0741