I am currently a plaintiff in two court cases that challenge the LEARNS Act, and am not at liberty to argue those cases in this forum. However, there are other problems with the LEARNS Act that need addressing, some that could become court cases in the future. Those interested in my cases may access them for further understanding, as they are public record.

The closer I look at how we currently distribute tax dollars in Arkansas, the more disgusted I become. Nowhere is that truer than when it comes to the LEARNS Act and its much discussed yet poorly understood performance funding.

Supporters describe the system as rewarding excellence. Critics argue it rewards opportunity. Somewhere between lies the constitutional question that deserves more attention than it has received.

Most Arkansans understand the basics of how traditional school funding works. A district receives foundation funding largely based on student enrollment. It may not satisfy everyone, but at least the formula is fairly straightforward. One student equals a certain amount of state funding, adjusted by factors the Legislature has established.

Performance funding under LEARNS is different.

The money is not guaranteed. It is not distributed evenly. And it is not allocated through a transparent formula that allows taxpayers to easily determine which communities benefit and by how much.

Instead, performance funding is layered through several different mechanisms. Schools can receive funding based on letter grades generated by the state's accountability system. Teacher bonuses are awarded through merit-pay programs tied to student growth, classroom performance, and hard-to-fill positions. Schools identified for intensive intervention receive targeted resources. Increasingly, the state is also moving toward funding tied to literacy benchmarks, workforce credentials, and college readiness indicators.

On paper, that may sound reasonable. It may even sound good coming out of a political operative's mouth. What patriotic American could object to rewarding improvement or encouraging student success?

The problem arises when performance funding is examined........

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