Archive for the ‘public finance’ Category

Self-governance

Thursday, December 10th, 2009

Locality is crucial for accountability.  Because the greater is the distance between the policy maker or the policy making body and those most affected by the policy, the students, teachers and schools, the more adverse is the policy’s impact on a public school district’s finances and ultimately upon the quality of education it provides.  Our public schools, therefore, must be given the choice of becoming self-governing, self-funding, autonomous, local public school districts free from state and federal mandates so that they can be liberated to provide a top quality education while held being accountable to this standard by those who are the most capable of doing so, the local school district’s taxpayers.

 

A self-governing public school district would be free of state and federal mandates but would abide by all other state and federal laws.  It would remain a public school district rather than become a charter school.  It would continue to serve the same local community with the same regular and special education students.  While public school districts could elect to stay within the state system and continue to abide by all mandates, all districts would be given the opportunity to legally opt out. 

 

Self-governance is the alternative to a state dominated educational system that could provide public schools with the authority necessary to improve educational accountability consistent with the priorities of their local school communities.  It would also provide school districts with the flexibility to innovate rather than be forced to march in lock step to the state’s one-size-fits-all mandates which fit no district.  Because decisions guiding the operations of self-governing schools would no longer be determined at the state level, parents, teachers, school administrators, boards of education and local taxpayers would be better able to shape the quality of education which students receive in their local schools. 

 

Self-governance would eliminate the excessive financial and administrative burdens imposed by state mandates.  The ever increasing cost of the state’s unfunded and under funded mandates is forcing school districts not only to cut non-mandate protected education programs but also to increase property taxes.  For example, New Jersey’s public school districts can no longer afford to pay for these unfunded and under funded mandates because most school districts are forced to spend disproportionately more to meet the requirements of these mandates than these districts receive in total state and federal financial aid.  Self-governance would increase the financial resources available for the classroom because the funds that are currently used for compliance with state mandates could be redirected to improving student learning and achievement, which after all is the real mission of our schools.

 

How do we restructure our educational system such that we not only enable our schools to increase the property taxpayers’ return on their investment but also greatly improve the quality of education while holding schools accountable to this standard?  The answer is to give our public schools the choice of becoming self-governing, self-funding, autonomous local public school districts free from state and federal mandates.  This would empower public schools to improve the quality of education consistent with the priorities of their local communities as well as the flexibility to innovate.  Legally opting out of the state system through a state-wide voter approved referendum would restore decision-making to the local school district level.  Because decisions guiding the operations of self-governing schools would no longer be made largely at the state level, parents, teachers, school administrators, boards of education and local taxpayers would be better able not only to shape the quality of education provided in their local schools but also to hold their local schools accountable for this outcome.

The Tieboutian Choice

Saturday, December 5th, 2009

Tiebout’s (1956) conceptual breakthrough was that taxpayers are mobile and as a result will choose the municipality that best meets their needs by moving to that location.  His model successfully addressed the free rider problem that plagues governmental entities providing public goods and services such as public education.  Indeed, taxpayers seem to decide where to live based largely on the quality of the local school district.

 

According to Tiebout (1956,) taxpayers reveal their preferences for their desired level of public goods and services by the decision they make concerning where they choose to live.  Through such a decision making process (Baker, Green and Richards, 2008,) Tiebout’s model “could lead to an optimal allocation of public services where no one person in the system could be made better off without making someone else worse off.”  According to Tiebout (1956,) “The greater the number of communities and the greater the variance among them, the closer the consumer will come to fully realizing his preference position.”

 

Tiebout (1956) concluded that a taxpayer’s choice of municipalities and, therefore, school districts, reflects a private sector competitive market model.  In discussing this model for school choice, Baker, Green and Richards (2008) report “Tiebout proposes that local, rather than centralized, government financing of public services could result in a form of competitive marketplace that would yield more optimal pricing of public goods through local tax policy and more appropriate alignment of consumer preferences and the quality of public goods.”  Tiebout (1956) explains this difference, “At the central level the preferences of the consumer-voter are given, and the government tries to adjust to the pattern of these preferences, whereas at the local level various governments have their revenue and expenditure patterns more or less set.” Taxpayers, therefore, will choose the district that best meets their needs when choosing among school districts of varying levels of educational quality.

 

Today, the Tieboutian choice is manifested in the difference between local funding versus state or federal funding and the corresponding state or federal control that comes along with it.  The fundamental problem with centralized funding, whether state or federal is that it leads to a one-size-fits-all approach for education but one that fits no district.  Baker, Green and Richards (2008) explain, “The local property tax empowers local voters to express what they want for their local public schools.”  But “when property taxes become statewide taxes, the political advantages of empowering local citizens and promoting competition and sorting among jurisdictions is lost.”  This mass standardization of policy often leads to state and federal funding guidelines that are incongruous with the needs and priorities of local school districts.

 

The specific needs of individual school districts vary to such a large degree that they render uniform state and federal policy formulas inadequate.  Instead, public school districts need a mass customization of educational funding, control and policy that can only derive from local funding and governance.  Oates (1972) supports the notion that public education should be provided at the lowest level.  Kenny (1982) also argues for the provision of public education by local school districts.  Because there is no reliable connection between state and federal policy makers and the local provision of education, accountability requires local decision making.

 

A reduction in local school district control over the levying and allocating of property taxes decreases accountability and adversely affects public school quality.  Because reductions of property tax revenues whether through state imposed limitations or via the substitution of state or federal funds reduces the level of local investment in the school district, the stake held by local taxpayers is similarly reduced.  Fischel (2001) explains this using taxpayers without children in the public schools, “At the local level, they are willing to support, or at least not oppose, high levels of spending because better schools add to the value of their homes.  At the state level, voters without children do not perceive such an offsetting benefit to their taxes.”  Having a lowered sense of ownership in their schools, taxpayers become more complacent as the proportion of state and federal funding increases.  This causes a corresponding reduction in the level of accountability required by the stakeholders and the quality of their public schools’ education declines as a result.

 

Fischel (2001) explains that taxpayers resemble investors as they want their major asset, their home, to appreciate in value.  Home owners have a vested interest in the success of their local schools because the credit rating of a school district’s host municipality is largely dependent on the financial soundness and credit worthiness of its schools.  Indeed, the higher is a municipality’s credit rating the lower is its debt service expense. 

 

Taxpayers hold local schools accountable not just to improve the quality of education but more importantly to offset risks to their property’s value which can not be easily diversified.  The more accountability a local school district provides, the more local taxpayers support the public funding of public education.  Local school districts, therefore, will efficiently provide public education as a result of taxpayers’ exercising their Tieboutian choice.

References

Baker, B. D., Green, P., & Richards, C. E.  (2008). Financing Education Systems, Upper Saddle River, New Jersey:  Pearson Education, Inc. 

Fischel, W., (2001) The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies, Cambridge, Massachusetts: Harvard University Press.  

Kenny, L. W., (1982) Economies of scale in schooling, Economics of Education Review, 2:1-24. 

Oates, W. E., (1972) Fiscal Federalism, New York: Harcourt Brace Jovanovich.

Tiebout, C. M., (1956) A Pure Theory of Local Expenditures, The Journal of Political Economy, 64, 416-424.

The Capitalization of Local School District Quality

Saturday, December 5th, 2009

The benefits that taxpayers derive form their local school district quality and property taxes are capitalized in their property values.  Because taxpayers strive to protect and improve their property values, they constantly evaluate the quality of their school district so as to maximize their property values.  If their school district’s quality deteriorates or is expected to decline, typical Tieboutian taxpayers will “vote with their feet.” 

 

By voting with their feet taxpayers choose the local school district that best meets their needs and one that will contribute to their property values.  But taxpayers vote not only with their feet but also on school district operating budgets, capital projects and board of education members.  Through the exercise of these votes, taxpayers control the quality of education provided by their local schools as well as the level of property taxes levied.  Their collective decisions lead to a Pareto efficient allocation of local public education.  In this context, Baker, Green and Richards (2008) state that the “Tiebout model represents the most basic form of school choice.” 

 

But states tend to make educational policies especially school finance regulations that are too uniform for the wide variety of school districts with their wide disparities in needs and priorities.  It is decentralized or local control rather than centralized or state control over public education, therefore, that causes, supports and sustains the efficient allocation of a school district’s financial and human resources.  Local control leads to the provision of the maximum level of educational quality and accountability. 

 

California exemplifies the downside of state control.  Fishel (2001) argues that the Serrano v. Priest ruling destroyed the connection among local control, property taxes and school district quality because California taxpayers essentially lost their ability to hold local school districts accountable.  Furthermore, Fishel (2001) contends that the Serrano decision not only lead to the passage of Proposition 13 but also to the centralization of school finance in California.  The adverse impact on local school districts of California’s centralization of school finance has never been as clear as it is today while the state faces bankruptcy.  Because the state forced local school districts to be overly dependent on unsustainable state funding, the state’s fiscal crisis has brought many districts to the brink of financial collapse. 

 

Tiebout (1956) argues that because crowding and congestion affect the provision of public goods and services, it is inefficient to provide public education at a centralized level whether state or federal.  Public education is more efficiently provided at the local level.  Fischel (2001) agrees with his assessment of school finance in California in which taxpayers lost control over local schools and property taxes which led to reduced levels of taxpayer involvement in and support for public education.  Fischel (2001) concludes “the apparent quality of public education has declined nationwide as the states’ share of funding for it has risen.”  It is essential that taxpayers have control over their local schools so they will be motivated to properly fund, support and improve public education. 

 

 

References

Baker, B. D., Green, P., & Richards, C. E.  (2008). Financing Education Systems, Upper Saddle River, New Jersey:  Pearson Education, Inc. 

Fischel, W., (2001) The Homevoter Hypothesis: How Home Values Influence Local Government Taxation, School Finance, and Land-Use Policies, Cambridge, Massachusetts: Harvard University Press.  

Tiebout, C. M., (1956) A Pure Theory of Local Expenditures, The Journal of Political Economy, 64, 416-424.

 

The Property Tax Burden of County Government in New Jersey

Friday, October 9th, 2009

In these challenging economic times, every home owner wants to make sure their property taxes are as low as possible and are put to use where they can do the most good.  Nowhere is this more necessary than in New Jersey, where it is imperative that all levels of government do not waste our scarce financial resources and cut taxes particularly property taxes. 

 

Perhaps the most effective way to cut property taxes in New Jersey is to eliminate the tax burden imposed by county government.  The three New Jersey counties of Union, Essex and Bergen together levy approximately $1.7 billion in annual property taxes.  While states such as Connecticut eliminated county government in the 1960’s and, therefore, its home owners are free of county property taxes, all 21 of New Jersey’s counties combine to collect approximately $6.0 billion in property taxes annually. 

 

Union County, for example, spends approximately $450 million annually, of which the City of Summit pays $26.4 million in property taxes or approximately 24% of every property tax dollar in Summit.  But the City of Summit receives less than ten cents for every dollar of County services in return.  In addition, the County percentage is artificially low because the Freeholders took another pension payment holiday.  While almost all of Summit’s property tax payment to Union County is redistributed to other towns within the county, the property tax dollars for Summit’s schools stay in Summit and help to support local property values.  If we can significantly reduce or ultimately eliminate county government to significantly lower our property tax burden, then the value of every New Jersey home owner’s principal asset, his/her home, will rise correspondingly. 

 

New Jersey taxpayers must be vigilant in regard to any potential risks to their homes and businesses such as the unnecessary tax burden of county government and the degradation of the quality of education in their local schools.  In addition, the credit rating of every municipal government depends largely upon the quality and financial soundness of its local schools.  Therefore, significant risks to the quality and funding of a municipality’s local public schools or its disproportionately high level of county property taxes would most likely adversely impact its credit rating and increase its debt service expense as a result.  Taxpayers must work together to counteract these risks because these risks can not be diversified. 

 

 

The Charter School Advantage: Operating as a Deregulated Autonomous Public School

Sunday, June 28th, 2009

The proponents of charter schools (Newman, 1998) purport that charter schools are the answer to what ails our public school system.  The rationale supporting how charter schools can provide an education that is superior in quality to that offered by conventional public schools is that they are deregulated autonomous public schools that are granted extreme freedom in how they choose to innovate, experiment, manage operations, “respond to their customers”, govern themselves and enroll as well as educate their students (Sugarman, 2002).  “In return for this autonomy, charter schools usually are asked to demonstrate academic outcome results for their children, but that too is supposed to be measured without too much interference with the school’s independence” (Kemerer, 1999, cited in Sugarman, 2002).  The core elements of a charter school’s success are its ability to function with autonomy and deregulation, both of which are regularly denied to conventional public schools.  The solution to what ails our public school system, therefore, is to enable our traditional public schools to operate with the same degree of autonomy and deregulation as that granted to charter schools.   

 

Charter schools are public schools that are funded primarily by local property taxes but are granted freedom from many state and federal mandates and restrictions so that they can provide innovative and cutting-edge teaching and learning.  As a result, charter schools function independently from their host district’s board of education under a charter granted by the state (New Jersey Department of Education, 2001).  According to the New Jersey Department of Education, as soon as the charter is approved by the Commissioner of Education, the school is governed by a board of trustees authorized by the State Board of Education and the charter school is thereby granted all the necessary powers to execute and implement its charter. 

 

By agreeing to the contract with the state, a charter school receives public funding with significantly less regulation but it is also expected to provide a quality of education that exceeds that of a conventional public school.  But despite their public school charter and property tax funding, charter schools operate independently of their local taxpayers’ input, feedback and control.  “While charter schools emphasize that they are a new form of public schools, they are increasingly appearing and behaving like private schools” (Horn and Miron, 2000, cited in Bracey, 2002). 

 

According to the New Jersey Department of Education, however, a charter school “must outline how the school will meet the New Jersey Core Curriculum Content Standards” and “Cross-Content Workplace Readiness Skills” plus all “teachers, administrators, and professional staff must have New Jersey State certification” (New Jersey Department of Education, 2005, cited in Bredehoft, 2005).  While charter schools operate independently, the local board of education “must also provide transportation for charter school students residing in its district under the same terms and conditions for district students attending public schools” (Bredehoft, 2005).  Also, “a charter school may operate within a ‘region of residence’, comprised of a district or multiple districts identified in the charter school’s application, and must have a physical residence in one of those districts” (New Jersey Department of Education, 2005, cited in Bredehoft, 2005). 

 

A charter school is funded based on its enrollment primarily by the revenues it receives through its local board of education.  According to the New Jersey Department of Education, the host district’s board of education must pay the charter school ninety percent of its average per pupil share of the annual operating budget for the specific grade level of each student (Bredehoft, 2005).  Although charter schools can not charge tuition, they are eligible to receive federal and state funds.  As a result, it seems as if funding is siphoned from the host public school district to the charter school without the direct or indirect approval of local taxpayers. 

 

Because local property taxes as well as state and federal financial aid abide by a zero-sum process, all funds transferred from a conventional public school to a charter school result in a cut in funding that can not be recouped.  A conventional public school must cut non-mandate protected programs and services such as regular education in order to make up for the lost revenues.  In addition, because state and federal governments either under fund or do not fund their mandates, conventional public schools are forced to pay for these shortfalls while charter schools are often not subject to the same regulations or to the same extent as their host district. 

 

Charter schools enjoy many other advantages over their conventional counterparts.  Charter schools can limit their enrollment which enables them to have lower student-teacher ratios and forces conventional public schools to educate the majority of students in comparatively larger class sizes.  Charter schools do not have to enroll students after the beginning of the school year which enables them to have much more stable enrollments than conventional public schools.  The scarcity of unions and tenure in charter schools also represents another set of cost advantages. 

 

The extent to which charter schools can limit the number of students who qualify for special education, are from low-income or poverty level families, or are English language learners (Levay, 2009) would force traditional public schools to educate a disproportionate number of these needy and at-risk students who are much more expensive to educate.  Such a practice would minimize costs for the charter school in the district while it would correspondingly increase the public school district’s expenses.  In discussing his study of Michigan’s charter schools Bracey (2002) concludes “And, perhaps most significant, the student bodies look more and more like private schools: Fewer minority and special needs students are enrolled.”  

 

Unlike charter schools that can cap or otherwise more effectively limit their enrollment and, thereby, limit the cost of their raw materials, traditional public schools have to enroll all of the students in the district who wish to attend and, therefore, can not control the cost of their raw materials.  This cost advantage in favor of charter schools is highlighted below in the “blueberry epiphany” (Cuban, 2004) experienced by former CEO, Mr. Jamie Vollmer, because as the woman from the audience responds to Mr. Vollmer “… we can never send back our blueberries. We take them all!” and, thus, traditional public schools can not control the quality of their raw materials. 

 

“If I ran my business the way you people operate your schools, I wouldn’t be in business very long!”  I stood before an audience filled with outraged teachers who were becoming angrier by the minute.  My speech had entirely consumed their precious 90 minutes of in-service training.  Their initial icy glares had turned to restless agitation.  You could cut the hostility with a knife.

 

I represented a group of business people dedicated to improving public schools.  I was an executive at an ice cream company that became famous in the 1980’s when People magazine chose its blueberry flavor as the “Best Ice Cream in America.” 

 

I was convinced of two things.  First, public schools needed to change; they were archaic selecting and sorting mechanisms designed for the Industrial Age and out of step with the needs of our emerging “knowledge society.”  Second, educators were a major part of the problem:  they resisted change, hunkered down in their feathered nests, protected by tenure and shielded by a bureaucratic monopoly.  They needed to look to business.  We knew how to produce quality.  Zero defects!  Total quality management!  Continuous improvement! 

 

In retrospect, the speech was perfectly balanced—equal parts ignorance and arrogance.  As soon as I finished, a woman’s hand shot up … She began quietly.  “We are told sir, that you manage a company that makes good ice cream.”  I smugly replied, “Best ice cream in America, ma’am.”  “How nice,” she said.  “Is it rich and smooth?”  “Sixteen percent butterfat,” I crowed.  “Premium ingredients?” she inquired.  “Super premium!  Nothing but triple-A.”  I was on a roll.  I never saw the next line coming.

 

“Mr. Vollmer,” she said, leaning forward with a wicked eyebrow raised to the sky, “when you are standing on your receiving dock and you see an inferior shipment of blueberries arrive, what do you do?”  In the silence of that room, I could hear the trap snap.  I knew I was dead meat, but I wasn’t going to lie.  “I send them back.” 

 

“That’s right!” she barked, “and we can never send back our blueberries.  We take them big, small, rich, poor, gifted, exceptional, abused, frightened, confident, homeless, rude, and brilliant.  We take them with attention deficit disorder, junior rheumatoid arthritis, and English as their second language.  We take them all!  Every one!  And that, Mr. Vollmer, is why it’s not a business, it’s a school!”  In an explosion, all 290 teachers, principals, bus drivers, aids, custodians, and secretaries jumped to their feet and yelled, “Yeah!  Blueberries!  Blueberries!”

 

And so began my long transformation.  Since then, I have learned that a school is not a business.  Schools are unable to control the quality of their raw material, they are dependent upon the vagaries of politics for a reliable revenue stream, and they are constantly mauled by a howling horde of disparate, completing customer groups that would send the best CEO screaming into the night” (pp. 3-4). 

 

Charter schools enroll students who would otherwise attend the local public schools thereby forcing traditional public school districts to cut educational programs and services correspondingly.  But if a traditional school district lost a disproportionate number of students and terminated a proportionate number of teachers and aids, it would not be able to make up many of the operating expenses associated with those students who left to attend the local charter school.  Charter schools, therefore, may seem to provide a higher quality of education than conventional public schools but only as a result of the revenue and cost advantages built into their charters. 

 

Because the majority of state and federal financial aid is in some way related to enrollment levels, a public school district would stand to lose aid in direct proportion to the reduction in its enrollment caused by charter schools.  This would force cuts to non-mandate protected programs such as regular education.  The double whammy of reduced state and federal financial aid as well as forced cuts to regular education would be especially distressful for public school districts.  Therefore, having local property taxes finance charter schools siphons away crucial revenues from traditional public schools.   

 

The proponents of charter schools espouse their competition with traditional public schools as helping to improve the quality of public education.  But charter schools serve only a fraction of the school community while diverting scarce funds from their host local school districts that educate the overwhelming majority of students.  This unequal playing field levels down the quality of public education. 

 

To date, the general public largely seems to have not fully understood that charter schools are neither traditional public schools nor the extent to which charter schools are publicly funded but without local taxpayer control.  While such a misunderstanding might have resulted from the lack of resonance of charter schools on the general public’s radar screen, surely it will evaporate rapidly as President Obama and U. S. Secretary of Education, Arne Duncan, actively promote the development and expansion of charter schools nationwide (Maxwell, 2009).  Once the public becomes more aware of the real definition of charter schools and the extent to which they are funded with local property taxes, there will most likely be many questions raised.     

 

 

________________________

References

Bracey, G. W. (2002).  The War Against America’s Public Schools: Privatizing Schools, Commercializing Education, Boston: Allyn and Bacon. 

Bredehoft, J. M. (2005).  New Jersey Charter Schools: History and Information, New Jersey Community Capital, 1(1), Retrieved from http://www.newjerseycommunitycapital.org. 

Cuban, L. (2004).  The Blackboard and the Bottom Line:  Why Schools Can’t Be Businesses, Cambridge, Massachusetts and London, England: Harvard University Press. 

Horn, J. and Miron, G. (2000).  An Evaluation of the Michigan Charter School Initiative: Performance, Accountability, and Impact, Kalamazoo: The Evaluation Center, Western Michigan University. 

Kemerer, F. R. (1999) School Choice Accountability in School Choice and Social Controversy, Sugarman, S. D. and Kemerer, F. R. (Editors), (174-211).  Washington, D.C.:  Brookings Institution Press. 

Levay, W. J. (2009). Put the Public Back in “Public Charter School”, Edwise, Retrieved from http://www.edwize.org.  

Maxwell, L. A. (2009). Obama’s Team Advocacy Boosts Charter Movement, Education Week, 28(35), 1, 24-25. 

New Jersey Department of Education (2001).  Charter School Evaluation Report, Retrieved from http://www.state.nj.us. 

New Jersey Department of Education (2005).  New Jersey Charter School Application 2005, Retrieved from http://www.nj.gov.

Newman, M. (1998).  New Jersey Rejects Challenge to Charter School Program, The New York Times, April 2, 1998.

Sugarman, S. D. (2002).  Charter School Funding Issues, Education Policy Analysis Archives, 10(34).  Retrieved from http://www.epaa.asu.edu/epaa/v10n34.  

 

Give Traditional Public Schools the Same Autonomy Granted to Charter Schools

Tuesday, June 16th, 2009

Highlights

 

Question:  How do we change our state’s educational system such that we not only greatly improve the quality of education but also enable our schools to operate more cost effectively while increasing the property taxpayers’ return on investment?   

 

Answer:  The solution is to give our public schools the choice of becoming autonomous or self-governing.  A self-governing public school district is free of state control as well as federal intervention.  An autonomous public school district would be independent of state and federal governments but remain a public school district serving the same local community rather than a private school or a school run in full or in part by a private company.  While a public school district could elect to stay within the state system and continue to abide by all mandates, all districts should be given the opportunity to legally opt out.  

 

Give Traditional Public Schools the Same Autonomy Granted to Charter Schools

By Stephen Coffin

 

Our public schools must be given the choice of becoming self-governing so that they can be free to provide a top quality educational system.  An autonomous public school district is free of state control as well as federal intervention.  Therefore, it would be independent of the state and federal system but remain a public school district serving the same local community rather than a charter school or a private school or a school run in full or in part by a private company.  While public school districts could elect to stay within the state system and continue to abide by all mandates, all districts should be given the opportunity to legally opt out.  The ability to opt for self-governance would be supported by legislation.  

 

Self-governance would provide public schools with the authority to improve education consistent with the priorities of their local school communities as well as the flexibility to innovate rather than be forced to march in lock-step to the state’s one size fits all mandates.  Public schools choosing to opt out would be independent public schools free of all state and federal mandates except for perhaps merely reporting standardized test results but they would also forgo all state and federal aid.  Opting out of the state system would restore decision-making to the local school district level.  Because decisions guiding the operations of self-governing schools would no longer be made largely at the county, state or federal level, parents, teachers, school administrators, boards of education, and local taxpayers would be better able to shape the quality of education which their students receive in their local schools. 

 

A public school district would become self-governing when a simple majority of the registered district voters who voted in a district-wide vote approved of the change.  While these votes would comply with the laws governing ballot procedures, campaigns and elections, they would be held in April so as to provide sufficient lead time to convert to self-governance by July 1, the beginning of the new fiscal year.  Once the district community voted to authorize the school district to become self-governing, it would be governed solely by its board of education.  Board of education members would be chosen from among the registered voters in the school district.  Municipal, county, state and federal governments would no longer play any role in the governance or management of self-governing school districts.  Also, boards of school estimate would no longer have any role vis-à-vis appointed boards of education. 

 

Local property tax levies rather than tuition would continue to be the primary source of funding for self-governing public school districts.  Still, these districts would be eligible to receive appropriate state or federal grants.  The annual operating budget and debt authorizations for a self-governing public school district would be decided by its board of education rather than be subject to district-wide public votes.  Indeed, this would be consistent with the fact that the annual operating budgets of municipal, county, state and federal governments are not subject to approval through a vote of their respective electorates.  

 

Becoming self-governing would enable a school district to operate more efficiently and cost-effectively through the exercise of many new choices.  A self-governing school district would be free to choose whether to have unions.  If it chooses to be union-free, it would be no longer subject to such legislative restrictions as the New Jersey Employer-Employee Relations Act which is commonly referred to as the “PERC law” (Strassman, Vogt and Wary, 1991.)  If the district elected not to have unions, then all union contracts such as those with its teachers would be dissolved and renegotiated once the district became self-governing. 

 

In this context, it is indeed interesting to note that while charter schools are public schools and are funded primarily by local property taxes, these schools operate independently of their local district’s board of education and taxpayers’ control.  In addition, charter schools enjoy a significant cost advantage because they usually operate without unions in sharp contrast to traditional public schools. 

 

Charter schools draw top students away from traditional public schools thereby forcing traditional public schools to reduce services commensurately.  Also, charter schools often limit their enrollment to students residing within a certain school district which adversely impacts the public schools within the district because they lose top students resulting in lower standardized test scores such as those administered according to the No Child Left Behind (NCLB) Act.  This decline in test scores leads to penalties under NCLB.    

 

If a school district lost disproportionate numbers of students and terminated a proportionate number of teachers and aids, it would not recoup many of the operating expenses associated with those students who left to attend the local charter school.  The extent to which charter schools limit the number of students who qualify for special education, are from low-income or poverty level families, or are English language learners (ELL) forces traditional public schools to educate a disproportionate number of these needy and at-risk students.  Such a practice minimizes costs for the charter schools in the district while it correspondingly increases the public school district’s expenses. 

 

Moreover, because the majority of federal and state financial aid is in some way related to enrollment levels, public school districts would stand to lose aid in direct proportion to the reduction in enrollment which would force cuts to non-mandate protected programs such as regular education.  The double whammy of reduced federal and state financial aid as well as forced cuts to regular education would be especially acute in districts that were already losing enrollment due to other factors.  Therefore, having property taxes finance charter schools not only siphons away crucial revenues from traditional public schools but also levels down the quality of public education.

 

Free of outside governmental intrusion such as NCLB, the district also would be free to determine its teacher licensing requirements including training, education and experience.  Because the district would no longer be subject to the New Jersey Core Curriculum Content Standards (CCCS,) it would be free to develop and determine its own curriculum.  The district also would be free to determine whether or not to offer special education because the Individuals with Disabilities in Education Act (IDEA) and state special education requirements would no longer apply.  If the district chooses to provide special education, then it would have sole discretion over what level and kinds of special education it offered. 

 

A self-governing public school district would be held harmless from frivolous lawsuits through its enabling legislation.  This would help to greatly minimize escalating legal expenses.  Law suits filed against the district would be heard first by one of several newly created arbitration panels.  Arbitration panel members would be appointed by a newly created state-wide association of self-governing public school districts. 

 

By changing to self-governance, a school district would be able to cut unnecessary expenses through the elimination of special education-based lawsuits with the ever increasing costs arising from such litigation.  As parents have become more knowledgeable about what constitutes special education programs and services, they have increased their demands to have their children receive not only more intensive services as well as increasing their children’s classification but also more placements in private schools which have resulted in more parents suing school districts for these additional benefits.  New Jersey’s legal system, however, operates according to a fee shifting principle in which a school district losing in an administrative court not only must pay all of the judgment costs but also all of the plaintiff’s legal costs including those for their attorneys and expert witnesses regardless of the length of the trial. 

 

Litigation for special education proceedings often takes longer than civil law suits which increase legal fees and court costs.  In addition, there is the cost resulting from the amount of time required of teachers, child study teams and administrators to appear in court rather than in school.  While school districts do settle a number of cases rather than run the risk of potentially more expensive outcomes, these settlements fuel the cost of providing special education.  Holding New Jersey school districts harmless from such law suits would be another way in which to enable school districts to allocate more of their scarce resources to student instruction.

 

The ever increasing cost of unfunded and under funded mandates is not only forcing school districts to cut regular education programs and, therefore, leveling down student achievement but also increasing property taxes.  But New Jersey’s public school districts can no longer afford to pay for these unfunded and under funded mandates because most school districts are forced to spend disproportionately more to meet the requirements of these mandates than these districts receive in total state and federal financial aid.  If local school districts opted for self-governance, therefore, they would eliminate the excessive financial and administrative burdens imposed by the county, state and federal governments. 

 

Opting for self-governance would increase the financial resources available for the classroom because it would be much more cost effective for local school districts to provide educational programs and services without the administrative burden of state requirements.  The funds that are currently used for regulatory compliance with state mandates could be redirected to improving student learning and achievement, which after all is the real mission of our schools.  Changing our state’s educational system in this way would not only improve the quality of education but also increase property taxpayers’ return on investment.  But Trenton continues to blame school districts for property tax increases rather than take responsibility for their role in keeping property taxes high.  Instead of fully funding their mandates to reduce the property tax burden which drives up the cost of public education, Trenton focuses largely on constricting school district funding, budgets, operations and the independence of local school districts.  

 

The state’s flawed approach is demonstrated in the new funding formula as contained in the New Jersey School Funding Reform Act (SFRA) of 2008 as well as its predecessor the Comprehensive Education Improvement and Financing Act of 1996 (CEIFA,) which caused higher property taxes and cuts in regular education.  Dr. Reock, Rutgers University Professor Emeritus, studied the financial impact on school districts of the state’s failure not only to not fully enact CEIFA but also to freeze most CEIFA funding beginning with the 2002-03 school year and reached a profound conclusion (Reock, 2007.) 

 

Based on his study (Sciarra, 2008), Dr. Reock found that “the state aid freeze caused massive under-funding of many school districts throughout the state, especially poor non-Abbott districts, and contributed to the property tax problem in the state.”  Instead of fully funding the CEIFA school funding formula as required by law, the state froze financial aid to schools at their 2001-02 school year levels regardless of any increases in enrollment, rising costs as well as state and federal unfunded mandates.  The shortfall was hardest on those districts that were most dependent upon state aid.  During the 2005-06 school year the statewide shortfall amounted to $846 million which translated into per pupil shortfalls of $1,627 in non-Abbott DFG A and B districts, $758 in DFG C through H districts, $386 DFG I and J districts, and $188 in Abbott districts. 

 

The impact of the CEIFA funding shortfall was minimized on the Abbott districts largely due to their “parity-plus” court mandated protection.  State law forbids the budget of an Abbott district from falling below its level of the prior school year (Hu, 2006.)  Furthermore, under state law, if an Abbott district increases local property taxes without a state directive to do so, it will lose a similar amount of state aid. 

 

The CEIFA funding shortfall also caused serious imbalances between local school districts.  During the 2005-06 school year Abbott districts received approximately 58% of all state financial aid while educating only 23% of New Jersey’s K to 12 student enrollment.  This meant non-Abbott districts were educating 77% of New Jersey’s students with only 42% of state aid.  This imbalance has continued to widen under SFRA with Abbott aid increasing to approximately 60% of all state aid or $4.64 billion.  State aid reductions and the ever increasing unfunded state mandates force non-Abbott districts to balance their budgets by raising property taxes, increasing class sizes as well as cutting regular education programs and services.   

 

As part of his statement of New Jersey Supreme Court certification in support of the Plaintiffs’ opposition to the School Funding Reform Act (SFRA) of 2008, Dr. Reock concluded (Sciarra, 2008) that “the State’s failure to fund CEIFA for the past six years directly resulted in an enormous shortfall of funding in districts across New Jersey.”  He went further to state, “By 2007-08, the sixth year of the CEIFA “freeze,” the total under-funding of state aid had reached $1.326 billion annually, despite the introduction of several new, smaller aid programs.”  The result was a state-driven increase in local property taxes within non-Abbott districts to make up for the shortfall. 

 

Creating autonomous public school districts state-wide that are free of state control is the solution that will lead to a top quality, cost-effective educational system while Trenton continues to force local school districts to pay for its under-funded and unfunded mandates that unnecessarily increase the cost of providing education and drive up property taxes.  By forcing school districts to divert necessary resources to paying for the escalating costs of the State of New Jersey’s mandates rather than investing these scarce resources in the classroom where they are needed most, the State of New Jersey harms the quality of education.  Local school districts, therefore, would be able to operate more cost-effectively with lower property taxes and earn a higher rate of return on their educational investment if they became self-governing by opting out of the state system. 

 

 

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References

Hu, W., (2008) In New Jersey, System to help Poorest Schools Faces Criticism, New York Times, October 30, 2006. 

Reock, E. C. Jr., (2007) Paper, Estimated Financial Impact of the ‘Freeze’ of State Aid on New Jersey School Districts, 2002-03 to 2005-06,” Institute on Education Law and Policy, Rutgers University, Newark, http:// ielp.rutgers.edu/docs/CEIFA_Reock_Final.pdf  

Sciarra, D. G., (2008) Certification of Dr. Ernest C. Reock, Jr. for the Supreme Court of New Jersey in support of the Plaintiffs’ opposition to the School Funding Reform Act of 2008, Education Law Center, Newark New Jersey, http://www.edlawcenter.org/ELCPublic/elcnews_080521_ReockCertification.pdf

Strassman, E. R., Vogt, K. R., and Wary, C. S., (1991). The Public Employment Relations Law, Trenton, New Jersey: New Jersey School Boards Association.