Archive for December 10th, 2009

Accountability: The Taxpayers’ Return on Investment

Thursday, December 10th, 2009

Democratic accountability is achieved through the electoral process by enabling the local taxpayers to elect their local board of education and to vote whether to accept or reject the local school annual operating budget.  This electoral process enables taxpayers to control the stewards of their local schools, the members of the board of education, and through this process the level of property taxes levied and how these tax revenues are allocated.  It helps to assure taxpayers that their duly elected representatives, the members of the board of education, will allocate their school district’s financial and human resources according to local priorities.  The locally elected board of education, in turn, makes sure that the local schools meet or exceed local needs and priorities.

 

Accountability is the means by which taxpayers can determine whether they are getting a proper return on investment from their investment in public education, their property taxes, by exercising local control.  Taxpayers benefit from having input into determining those educational programs and services on which their money is spent.  They are more strongly committed to and involved with their neighborhood schools because their children as well as those of potential buyers of their homes can also attend the local school within the district.  The process of enabling taxpayers to control local school funding, governance and educational content increases their willingness to fund their local schools because they can see and influence how their money is spent.  Based on these concepts, home rule or local control was established and has thrived.

 

The tradition of local control not only is rooted in our democratic principles but also symbolizes our democracy in action.  Local control enables our schools to be self-governing instead of being controlled remotely by a governmental entity that imposes its political agenda rather than supporting local priorities and needs.  Remote governing bodies, therefore, are not accountable to the standards necessary for local schools to provide quality education.

 

A top-down, state dominated educational system is contrary to our democratic principles.  Increased control by the state whether directly or indirectly through state politically appointed county departments of education such as in New Jersey means less local control because control is a zero sum game.  As such, every increase in state power can only result from a corresponding loss at the local level. 

 

A governance model based on state control results in a traditional military-type command-and-control decision-making process.  This is contrary to a true democratic process that supports local school districts and fosters the active participation of parents with their willingness to fund public education.  In a command-and-control model, state level policy makers develop the strategy for policy implementation and combine this strategy with their political directives to determine the priorities and budgetary process for each school district. 

 

The typical one-size-fits-all approach removes decision making authority from those most affected by educational policy decisions:  the students, parents, taxpayers, administrators, teachers, school and district.  It also concentrates policy formulation and decision making at a centralized level where special interest groups have greater leverage over the policy makers and, as a result, greater control over legislation affecting education including school budgets and funding as well as programs and services.  A school’s annual operating budget is the financial representation of the school’s educational plan.  State control of the local school budgetary process, particularly the allocation of financial and human resources, means that the state can impose its own agenda and prevent local districts from acting according to local educational needs.

 

In a typical centralized state model local taxpayers lose control over how their money is allocated because decisions are made remotely and without local input.  In addition, local boards of education even though they serve as unpaid volunteers are often abolished or rendered virtual rubber stamps of the state department of education under the guise of saving money and increasing accountability.  Special interest groups have a disproportionate say in the local allocation of educational funds distributed by the state.  Indeed, the allocation process seems to be based more on special interest group political calculus than on local educational needs.  Because the approval and allocation process at the state level tends to be much more convoluted than those at the local level and more powerful special interests are involved, significant amounts of aid authorized for education seemingly do not make it ultimately to the local level.

 

Concentrating decision-making power at the local district level rather than at the state level enables more resources to be focused on those most affected by education and enables those most involved in providing education to provide better instruction.  State control causes local school districts to spend less time on students as well as parents because more time is required to be spent on state imposed bureaucratic obligations and requirements.  As a result, parental engagement decreases which harms student achievement because parental involvement is a key component supporting student performance.  The local school district not only is closest to the students, parents, teachers, and taxpayers but also has the necessary expertise to most effectively decide how to provide a quality education and to generate the necessary local taxpayer support for the public funding of public education.

 

 

CEIFA’s Impact

Thursday, December 10th, 2009

The rising power of state government (Fusarelli and Cooper, 2009) has grown from the states’ increasing domination of school finance and, therefore, policy making because of the strings the states attached to funding.  Legal challenges to funding inequities and disparities led to court decisions such as Serrano v. Priest establishing financial neutrality as the basis for school funding.  States remedied the disparities among districts with the infusion of incremental state funds and regulation.  Subsequent rulings focused on adequacy and required state governments to provide resources to disadvantaged districts such that the provision of education adequately met their constitutional requirements.  New Jersey’s state constitution was deemed to go even further because of its provisions guaranteeing a thorough and efficient education especially in the Abbott v. Burke court decision. 

 

Although the state’s flawed approach to education is exemplified by the new funding formula contained in the New Jersey School Funding Reform Act (SFRA) of 2008, it is manifested in its predecessor, the Comprehensive Education Improvement and Financing Act of 1996 (CEIFA.)  Dr. Reock 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 (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 CEIFA’s 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 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. 

 

By passing through the majority of the cost of state mandates to local school districts, the State of New Jersey forces local schools to divert resources to bureaucratic regulatory compliance.  As a result, disproportionate amounts of a typical school district’s scarce financial and human resources are not invested in the classroom where they are needed most.  Local school districts would be able to operate more cost-effectively, earn a higher rate of return on their educational investment and provide greater accountability if they were free to concentrate on improving every student’s performance with the maximum possible level of local public support for the public funding of its public schools.

 

 

References

 

Fusarelli, B. C., & Cooper, B. S., Editors.  (2009) The Rising State: How State Power is Transforming our Nation’s Schools, Albany, New York: SUNY Press. 

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  

 

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.