AUSTIN - A group of school districts with low property wealth wants to reopen the court battle over the way Texas funds public education.

The Plaintiff Intervenors Committee plans to file a petition in state district court Thursday, said lawyer Buck Wood.

Leading state lawmakers expressed disappointment at the prospect of another round at the courthouse, saying the Legislature has consistently worked to improve school funding, including a recent effort directed at paying for facilities.

"It's very frustrating. I don't think it shows very good faith on the part of those school districts who are once again biting the hand that feeds them," said Senate Education Committee Chairman Teel Bivins, R-Amarillo.

Texas' school funding system relies on a combination of state aid, local property taxes and federal money.

The current system, which requires the school districts with the most property wealth to share with the rest of the state, was upheld in 1995 by the Texas Supreme Court.

The court had thrown out three previous funding laws beginning in 1989, when it first told lawmakers to even out funding available to districts with varying property values.

Mr. Wood wouldn't discuss details of the fresh challenge Wednesday. But a statement announcing the decision said it would address a "persistent and progressive erosion of the equity and efficiency standards" established in a 1995 Texas Supreme Court ruling on school finance. It also said the state has failed "to keep pace with the costs of providing the minimum educational system required by that decision."

Senate Finance Committee Chairman Bill Ratliff said that if a lawsuit is ongoing when the Legislature meets in regular session in January, that could stall new initiatives for public education.

"We tried to do a lot of things for these districts. We don't expect anybody to toss any bouquets at us, but yeah, I'm disappointed in it. It makes a person like me look at it and say, "Why should I try again?' " said Mr. Ratliff, R-Mount Pleasant. "Maybe we should just sit on our hands and wait for the court to tell us whether we've done enough."

Mr. Bivins agreed that such a lawsuit could prevent action in the next session. "If he [Mr. Wood] has not filed the case yet, I would urge him not to," he said. Mr. Bivins and Mr. Ratliff said they had seen reports showing that Texas has one of the most equitable school funding systems in the country.

In the 1997-98 school year, public education revenue totaled $21.5 billion. That includes 45.2 percent from the state, or $9.7 billion. Local revenue was 51.4 percent, or $11 billion, and federal money was $719 million, or 3 percent.

In the 1994-95 school year, the total was $18.1 billion. That included 41.2 percent from the state, $7.5 billion; 50.4 percent in local revenue, $9.1 billion; and 8.4 percent from the federal government, $1.5 billion.

Linda Edwards, spokeswoman for Gov. George W. Bush, noted that increase in education funding. "Governor Bush has consistently said that the answer to the problems of school financing is for the state to be the primary source of funds for education," she said.

The Plaintiff Intervenors Committee includes school districts with below-average property wealth, Mr. Wood said.

Listed as committee chairman is the Mission Consolidated School District superintendent; vice chairman, Alvarado Independent School District superintendent; and secretary-treasurer, Copperas Cove ISD superintendent.

The committee is the managing body for school districts, parents and students who intervened in earlier school funding litigation.

© 1998 The Dallas Morning News All Rights Reserved Peggy Fikac / Associated Press, 05-07-1998. ©1998 The Dallas Morning News