On August 22, 2005, the Governor issued an executive order requiring that "65 percent of school district funds be expended for instructional purposes as defined by the National Center for Education Statistics." A similar mandate had appeared in versions of HB 2, the school finance bills debated during the special sessions. This paper addresses whether a 65% rule is good public policy. It argues that requiring school districts to spend at least 65% of their operating budget on "instruction" as defined by the federal government would not enhance student achievement, would have unintended negative consequences, and would move Texas back to measuring process rather than performance.