Archive for December 31st, 2008

Sauce for the “Goose” Should be Sauce for the “Gander”

Wednesday, December 31st, 2008

Sauce for the “Goose” Should be Sauce for the “Gander

When Trenton is Cooking Property Tax Legislation

 

Shouldn’t the sauce for goose be the same sauce for gander especially when Trenton is cooking legislation to reduce property taxes?  But if Trenton is truly intent upon lowering property taxes, then why does it continue to impose one set of rules for our schools while ignoring if not condoning those actions it opposes when they are performed by local and county governments?  Is it because the county political bosses of both parties have undue influence over who runs for office, how campaigns are financed, and, therefore, who gets elected as well as legislation once the politicians are in office?  Trenton scapegoats our schools through this hypocritical treatment.  The result is disproportionately higher municipal and county property taxes. 

 

Among the many ways the Governor and the State Legislature help to increase property taxes include ignoring municipal golden parachutes, forcing school district rather than municipal mergers, exempting local as well as county governments from S1701’s two percent surplus cap, and creating another layer of bureaucracy called the office of the Executive County Superintendent rather than eliminating county government.  Through its actions, Trenton enables municipal and county property taxes to increase disproportionately by allowing these levels of government to continue unnecessary spending. 

 

A recent example of Trenton’s apparent hypocritical treatment of our schools vis-à-vis municipal government is contained in an article written by Ms. Clark (2008) for The Jersey Journal which focuses on the payment of an $350,000 municipal golden parachute at local property taxpayers’ expense.  Hoboken‘s former police chief, Mr. Carmen LaBruno, retired on July 1, 2008, and received an $350,000 golden parachute from the city.  Mr. LaBruno’s golden parachute was (Clark, 2008) “in addition to his annual pension payment of $147,000” and included “terminal leave pay of five days per year for each of his 37 years with the department, and 156 days of unused vacation and compensatory time.”  Taxpayers, therefore, paid Mr. LaBruno $497,000 for his first year of retirement. 

 

However, as an Abbott district, Hoboken’s schools are funded primarily by the State of New Jersey.  Hoboken is one of the 31 school districts which the New Jersey Supreme Court ruled in its Abbott v. Burke decision that could not properly provide a thorough and efficient education while funding their schools through their local property taxes.  This means that the City of Hoboken’s payment of a golden parachute was essentially subsidized by taxpayers statewide. 

 

The deafening silence with which Governor Corzine, Education Commissioner Davy, and the New Jersey State Legislature have greeted Hoboken’s granting of an $350,000 municipal golden parachute stands in stark contrast to their vociferous attacks on similar retirement packages for school officials just a few months ago.  It was their combined outrage at payouts to retiring school officials such as the one given former Keansburg superintendent, Mrs. Barbara Trzeszkowski, who retired on July 1, 2008, that led Department of Education Commissioner Lucille Davy to issue new fiscal accountability regulations on July 3, 2008.  These regulations severely limited payments to school officials for unused sick days and vacation time.  In addition, the State Senate quickly passed bills to limit severance payments to school district officials (Hester, 2008) “to maximum of $15,000 for unused sick days and accrued vacation time.” 

 

Through its newly created bureaucracy of the office of the Executive County Superintendent, the State of New Jersey can force the mergers of school districts but the state seems to ignore consolidating inefficient municipal governments which leads to higher property taxes.  While municipal services are generic in that a city clerk’s function in one town replicates that of one in another town and as such these positions are easily consolidated, local educational programs and services are value-added which do not lend themselves to standardization or consolidation with other school districts with different value propositions.  One major result of forced school district consolidations is that one or more of the districts involved usually pays disproportionately more in property taxes due to differences in one or more of the following factors: 

  • The tax base (i.e., total ratables) which is the dollar amount of all property that is taxable within the jurisdiction.
  • The assessment practices that determine the percent of fair market value at which the property is assessed as well as the frequency of assessments.  Although all 21 counties have agreed to use 100% as the assessment percentage of true value, many municipalities especially many large urban cities have not assessed properties within their jurisdiction for as much as 25 to 50 years. 
  • The tax levy or mill rate which is the percentage at which each property’s market value or of assessed value is taxed. 

 

The forced consolidation of Pemberton Borough and Pemberton Township school districts by the Burlington County Executive County Superintendent (Levinsky and Zimmaro, 2008) highlights the problems resulting from school district mergers.  This consolidation would force taxes to decrease for Pemberton Borough property owners but increase for Pemberton Township property owners because the township has disproportionately more ratables.  As a result of the merger, township taxpayers would fund approximately 95% of the property taxes for the consolidated school district and significantly subsidize the borough taxpayers.  The State of New Jersey, however, has taken no action to merge the municipal governments of Pemberton Borough and Pemberton Township. 

 

The state law known as S1701 reflects the State of New Jersey’s actions to scapegoat our schools for property tax issues.  Through S1701, Trenton placed a two percent cap on the surplus of school budgets and mandated that any amount exceeding two percent must be returned to taxpayers.  But the state exempted municipal and county governments!  For example, in 2007 if S1701 had applied to municipal and county governments, then the City of Summit would have had to refund approximately $5.8 million to Summit property taxpayers while it is estimated that Union County would have had to refund tens of millions of dollars.  Moreover, because Summit collectively pays disproportionately more property taxes to Union County than other municipalities, the taxpayers of Summit would have enjoyed a similarly large county property tax refund.  

 

Connecticut is only one among the many states that has eliminated county government and thereby its citizens enjoy significantly lower property taxes than those of us in New Jersey.  Why doesn’t Trenton eliminate the unnecessary and expensive county freeholder layer of government as other states have done?  Is it because of the strangle-grip hold with which county political bosses control Trenton?  Instead the State of New Jersey added the politically appointed Executive County Superintendent with his/her own bureaucracy.  Executive County Superintendents have dramatically increased not only county level authority over local school districts but also the rules and regulations for schools.  But with increased rules and regulations has come greatly increased compliance costs for school districts.  

 

If property taxes are to be significantly reduced, the State of New Jersey must eliminate not only the unnecessary costs which its legislation imposes on local school districts but also excessive municipal government spending and county government.  But New Jersey’s property taxes will remain high as long as the state continues to allow inefficient municipal governments and the unnecessary layer of county freeholder government to operate.  Because the State of New Jersey forces its school districts to spend much more to meet the requirements of its mandates than the districts receive in total state financial aid, school districts statewide will continue to be pressured to cut quality educational programs and services.  Moreover, the state’s obsession with scapegoating our schools underscores its failure to reduce property taxes at the municipal and county levels of government. 

 

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References

Clark, A. S., (2008) Ex-chief LaBruno collects $350K after retiring in wake of scandal, Jersey Journal, October 13, 2008.   

Hester, T., (2008) Lawmakers pass bills regulating public educators’ pay, The Star Ledger, October 23, 2008. 

Levinsky, D. and Zimmaro, M., (2008) Merger in Works for Pemberton district, Burlington County Times, September 7, 2008. 

New Jersey’s Under-funded Education Mandates Hurt Public Education

Wednesday, December 31st, 2008

Under-funded state special education mandates are perhaps the primary reason why the cost of public school education continues to increase at a rate higher than the rate of inflation, causing property taxes to rise disproportionately to incomes in New Jersey.  According to the Garden State Coalition of Schools (GSCS, 2008), in New Jersey “mandates drive 70% of district expenses” and of these mandates, those for special education represent the fastest growing financial challenge confronting school districts.  Furthermore, these under-funded state mandates have heightened the pressure on school districts to fund operating budgets by reducing programs and services for regular education in order to fund mandate-protected programs and services, primarily special education.

 

School districts are required by state and federal laws to provide the special education programs and services included in a student’s Individual Education Plan (IEP); therefore, special education budgets cannot be cut and the under-funded portion of special education’s costs must be made up from other budgetary sources.  To offset the increased costs of under-funded special education mandates, school districts are increasingly forced to significantly reduce programs for regular education students because property tax increases have been limited largely through other state legislation.  Under-funded state special education mandates not only have sharply increased the competition between regular and special education programs for funding within a school’s budget but also have created sharp divisions within a school’s community because they pit the parents of special and regular education students against each other in the fight for funding.

 

In 2005, New Jersey state aid covered less than one-third of state mandated special education programs and services while the federal Individuals with Disabilities in Education Act (IDEA) is funded at approximately five percent of its cost to school districts nationwide.  Since January 2008, special education financial aid has been further and significantly reduced for most districts statewide based on the new state funding formula that reduces a school district’s special education aid calculation to the extent that its classification rate is above the state average.  In addition, wealthy districts have been losing entitlement aid for at-risk children, particularly special education as these and other categorical financial aid funds are now subjected to the formula’s wealth-equalizing local share calculation. 

 

All of this comes at a time when the costs for special education are skyrocketing.  Increased costs for mandated preschool programs including intensive services for autistic students and lower special education student to teacher ratios are a major part of the problem.  But more importantly there are also increasing numbers of costly out-of-district placements as well as parental lawsuits against public school districts for the purpose of obtaining private school placements for their children at the public’s expense.  

 

New Jersey has the highest proportion of special education students in out-of-district placements as well as the fourth highest classification rate for special education eligibility in the country.  Many of New Jersey’s school districts find that out-of-district placements can consume as much as 50% of the special education budget despite covering approximately ten percent of special education enrollment.  The students placed in out-of-district schools tend to be the most expensive because they are usually the ones most in need of special education programs and services.  Depending on the student’s disability, the annual cost of sending a student to an out-of-district private school can range from roughly $70,000 to over $250,000 especially for the most educationally and physically challenged students.  

 

The legal costs arising from parental special education-based law suits are another major expense for schools.  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.  Moreover, litigation for special education proceedings often takes longer than civil law suits – increasing both 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 State of New Jersey requires special education programs for children with educational disabilities ages three to five, particularly autistic children.  While the only difference for preschool aged children is the state requirement to have a speech pathologist on the child study team, the same IEP, evaluation, eligibility, due process and “least restrictive environment” requirements apply for all special education students regardless of age.  These mandated pre-school programs put an additional expense burden on local school districts as long as the mandates continue to come without the requisite funding from the state. 

 

The special education students to teacher ratios are set by the State of New Jersey and they are, necessarily, lower than the student to teacher ratios for regular students.  These staffing ratios are based primarily on the student’s IEP, classification, and intensity of services required.  The student to teacher ratio for a class for children with the lowest level of disabilities having one teacher has a maximum of eight while the maximum is twelve for a class with one teacher and one aid.  Although ratios usually range from four to seven depending on the severity of the student’s disability, class sizes exceeding six students require two aids in addition to the teacher.  However, classes for children with autism and other profound cognitive disabilities are limited to a ratio of three to one.  While providing a good education for students with special needs, without the requisite state funding for these mandated levels, the higher costs of such low student to teacher ratios are often offset by higher student to teacher ratios for regular education.  Because smaller class sizes have been shown to improve learning for all students, the under-funded state mandates for special education can have a deleterious effect on regular student education.

 

When the State of New Jersey requires its public schools to pay for an ever increasing proportion of special education costs through its under-funded mandates, the state is not only forcing property taxes to grow faster than the rate of inflation but also pressuring districts to find the missing funds by reducing the regular education budget.  Such forced cuts to the regular education budget cause school districts to reduce the number of regular education teachers which results in much larger class sizes for regular education students.  Because larger class sizes have been shown to lead to lower test scores which make it more difficult for students and schools to achieve adequate yearly progress (AYP) as required by the No Child Left Behind (NCLB) Act.  As a result, school districts are much more likely to be subjected to many of the NCLB’s more stringent financial penalties.  This will further reduce the financial resources available to support quality education. 

 

Unless the people of New Jersey wish to have not only higher property taxes but also a downward spiral in the quality of their public education, then the State of New Jersey should pay the costs of its mandated school programs and services particularly special education.  If all of New Jersey’s special education mandates were fully funded the quality of the education of all of New Jersey’s public school students, both regular and special, would be the greatest beneficiary. 

 

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References:

Garden State Coalition of Schools (2008). Garden State Coalition of Schools Legislative FYI 5-16-08 http://www.gscschools.org  May 16, 2008. 

More Schools Face NCLB Penalties due to NCLB’s Variable Standards

Wednesday, December 31st, 2008

The article below explaining how more schools nationwide are facing No Child Left Behind Act (NCLB) sanctions, underscores the problem of allowing different states to have different standards for NCLB.  Because NCLB allows states to add their own incremental standards, the test results can be extremely misleading and easily misinterpreted.  For example, New Jersey applies some of the most stringent incremental state standards to NCLB requirements which help to further challenge our students to achieve higher benchmarks.  However, New Jersey continues to be among the leaders in terms of schools failing NCLB and facing NCLB penalties as a result.  In fact, (Mooney, 2008) 106 New Jersey public schools mostly in urban areas are facing some of the most severe NLCB penalties for having missed federal benchmarks for at least six consecutive years. 

 

However, when the basis of comparison is the Scholastic Assessment Test (SAT) 1 which has the same standards nationwide, the result is radically different especially in terms of student achievement.  For example, as Summit Public Schools’ Assistant Superintendent, Ms. Julie Glazer, discussed during her December 18, 2008, Board of Education presentation of the Summit Public Schools Assessment Report 2007-2008, Summit students’ mean SAT 1 verbal, math and writing test scores overwhelmingly out perform not only the national mean test scores but also the state mean verbal, math and writing test scores.  Moreover, this achievement was demonstrated for every year during the 2001 to 2008 timeframe. 

 

It is important to note that NLCB is not only one of the most under funded mandates ever and, therefore, one of our nation’s largest tax increases but also it lacks funds to reward school districts for improving student achievement while providing financial and operational penalties for failing its standards.  Perhaps if our nation focused more of the energy currently diverted to NCLB on improving rather penalizing needy schools and districts, our educational system especially in urban areas would become the transformational process it should be. 

 

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References

Glazer, J., (2008) Summit Public Schools Assessment Report 2007-2008, December 18, 2008.

Mooney, J., (2008) 106 Schools Get Mandate to Restructure, Star Ledger, December 20, 2008. 

Published Online: December 19, 2008

More Schools Facing Sanctions Under NCLB

Data on adequate yearly progress show that 1 in 5 public schools are in some stage of penalties under the federal law.

By David J. Hoff

 

Almost 30,000 schools in the United States failed to make adequate yearly progress under the No Child Left Behind Act in the 2007-08 school year. For states with comparable data for the 2006-07 school year, the number of such schools increased by 28 percent.

Half those schools missed their achievement goals for two or more years, putting almost one in five of the nation’s public schools in some stage of a federally mandated process designed to improve student achievement. The number facing sanctions represents a 13 percent increase for states with comparable data over the 2006-07 school year.

Of those falling short of their academic-achievement goals, 3,559 schools—4 percent of all schools rated based on their progress—are facing the law’s more serious interventions in the current school year. That’s double the number that were in that category one year ago.

States have been releasing data on the number of schools that failed to make adequate yearly progress, or AYP, since last spring. But the Editorial Projects in Education Research Center, part of the nonprofit corporation that publishes Education Week, is the first research organization to verify AYP results for the 2007-08 school year, and Education Week is the first entity to publish the results.

The research includes AYP data from 47 states and the District of Columbia. Indiana, Nebraska, and New York have not released their final AYP determinations for the 2007-08 school year.

Failure Inevitable?

The rising number of schools failing to make AYP under the law is inevitable, its critics say, because of what they see as the law’s unrealistic requirement that student achievement rise on a pace so that all students are proficient in reading and math by the end of the 2013-14 school year.

Adequate Yearly Progress and Improvement Status Under NCLB

SOURCE: EPE Research Center, 2008.

President George W. Bush and Secretary of Education Margaret Spellings have been steadfast defenders of the proficiency goal, but President-elect Barack Obama and Congress may revise or extend the goal as they work on renewing the NCLB law, as they’re scheduled to do in the upcoming congressional session.

“The system is going to systemically make sure that every school fails,” said William J. Mathis, the superintendent of the Rutland Northeast Supervisory Union, an administrative unit for 11 local school boards in Vermont.

“The increases that are demanded by No Child Left Behind are way larger than anything we’ve ever seen in the past or that you see in other countries,” said Robert L. Linn, a professor emeritus of education at University of Colorado at Boulder, who has argued that all U.S. schools will fail to make their achievement goals between now and the target date.

But supporters of the NCLB law say that the numbers suggest that the law has spurred many schools to take steps to improve.

The relatively modest increase in schools subjected to the NCLB law’s sanctions by missing their achievement goals for two or more years suggests that educators are taking action to address the problems in such schools, said Gary M. Huggins, the director of the Commission on No Child Left Behind of the Aspen Institute, a Washington-based think tank. The panel of educators and advocates released a high-profile report in 2007 proposing ideas to refine the federal law.

“When the problems are a matter of focus, schools seem to be agile in dealing with them,” Mr. Huggins said. “I wonder if anything would have changed in these schools absent” the pressures from the law, he said.

The law’s accountability measures probably have spurred some school officials to address problems that otherwise may have been neglected and could have become worse over time, another of the law’s supporters said.

“The sooner they’re identified, the sooner they can take remedial action,” Dianne M. Piché, the executive director of the Citizens’ Commission on Civil Rights, said of low-performing schools.

Federal Goals

President Bush and other champions of the No Child Left Behind law were planning to celebrate the seventh anniversary of its signing by Mr. Bush on Jan. 8, 2002. The law, which the president made one of the top domestic priorities of his administration, is an overhaul of the Elementary and Secondary Education Act first passed by Congress in 1965.

Under the NCLB law, the most important factors in determining whether a school makes AYP are scores on reading and mathematics tests, given annually in grades 3-8 and once in high school.

To make AYP, a school must meet achievement targets for its student population as a whole and for each several demographic “subgroups,” such as racial and ethnic minorities, students with disabilities, and those who are eligible for services as English-language learners.

Schools’ AYP goals are set by their states based on meeting the law’s overall goal that all students be proficient in reading and math by the end of the 2013-14 school year.

States’ Choices

While the national data suggest a steady increase in the number of schools failing to make their achievement goals, state-by-state results show that states’ policy decisions can skew the results.

In South Carolina, for example, 80 percent of public schools failed to make AYP in the 2007-08 school year, the highest proportion of any state. Part of the increase can be attributed to the addition of new schools being rated for AYP.

“It was an exceptionally big jump this year,” said Jim Rex, the state superintendent.

The high rate is partially the result of the state’s decision to set standards that are more challenging than those of most other states. Researchers have identified South Carolina and Massachusetts as having the most challenging standards, typically by comparing the results of their state tests with their students’ results on the National Assessment of Educational Progress, the federally sponsored tests of a sampling of students.

“If you’ve got high standards, you’re going to hit a ceiling effect [when increasing student achievement is difficult] sooner,” said Mr. Mathis of Vermont, whose has published several articles critical of the NCLB law.

Twenty-three states’ decisions to set low achievement targets in the early years under the law also contributed to sharp increases in the number of schools failing to reach AYP in the 2007-08 school year. Those states assumed that they would be able to ramp up student achievement by the 2007-08, but the AYP results don’t reflect that.

California, one of those states, had a dramatic increase in the percentage of schools failing to make AYP, from 34 percent in the 2006-07 school year to 48 percent in 2007-08.

Other states have designed a path to universal proficiency with periodic increases in their achievement targets. Every three years, the target for student proficiency makes a big jump, creating a graph that looks like a staircase. (“Steep Climb to NCLB Goal for 23 States,” June 4, 2008.)

Mr. Mathis said that’s probably the main reason the proportion of Vermont schools failing to make AYP slightly more than tripled, from 12 percent in 2006-07 to 37 percent in the 2007-08.

In and Out

The process of identifying schools for improvement and the terminology around it are complex.

When a schools fails to meet its AYP goal for two straight years, it is labeled “in need of improvement.”

If it fails to make AYP for a third consecutive year, the school is required to offer students the chance to transfer to a different public school, the first in an annual series of steps designed to improve student performance.

In subsequent years, schools must spend money from the NCLB law’s Title I program of aid for disadvantaged students to pay for tutoring and then take steps to improve themselves.

If schools still haven’t made AYP after five years “in need of improvement,” their districts must make major changes, such as replacing the schools’ staffs or turning the schools into charter schools.

“If they’re in Year Five of improvement,” said Ms. Piché of the Citizens’ Commission on Civil Rights, “something is seriously wrong, and it’s almost never the students.”

To have 4 percent of schools at that stage seven years after the law’s enactment is a relatively small number, Ms. Piché said.

But state and district officials need to make a concerted effort to help struggling schools before they reach the fifth year of the school improvement process, she said.

“The longer schools are in need of improvement, the less likely they are to get out,” she said.

Turning Schools Around

Trying to fix the schools at that stage is currently the focal point of states’ work, several state officials said.

In South Carolina, where 80 schools are in the fifth year of the improvement process, state officials working closely with district leaders and higher education officials focused on improving such schools.

In working with school board members and district superintendents, the state is concentrating on recruiting effective principals and teachers to work in those schools, said Mr. Rex, the South Carolina schools chief.

“We’re doing what they’ve never been able or willing to do in intervening in schools,” he said of local district leaders.

Because the state is putting so much effort into improving those schools, it’s unable to do all it could to help the schools that are having trouble making AYP in one or two categories of students.

“We’re, in effect, ignoring a large group of schools,” Mr. Rex said.

In Maryland, where the largest portion of the state’s 93 schools in the fifth year of improvement are in Baltimore, the state is working closely with the district leadership to take aggressive action to close schools that are failing and reopen them with new staff members, said Nancy S. Grasmick, the state superintendent.

The state board of education must approve the improvement plans of schools that reach that stage.

“There’s an energy of not accepting chronically low-performing schools as business as usual,” Ms. Grasmick said. “We’re trying to ferret out the critical mass of effort needed to turn around those schools. No one has the answer. It’s like finding the cure for cancer.”

Vol. 28, Issue 16

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