ASSOCIATION MEETS WITH COMMISSIONER MILLS

December 20, 1999

The Association met with Commissioner Richard Mills and Deputy Commissioner James Kadamus on December 20, 1999 in Albany at the Commissioner's office.  In attendance were Sal Corda (Peekskill CSD), Frederick Volp (Oneida CSD), James Lee (Binghamton CSD), Thomas McGowan (Glens Falls CSD), Theodore Grocki (Rensselaer CSD), Robert Lupinskie (Glen Cove CSD), Katharine Webb (Albany CSD), Michael Egan (Fulton CSD), Peter Nowji (Fulton CSD), and Susan Gray (Hornell CSD).

            The Association agenda for the meeting included the following:

            1.          Current practice on student performance/State-wide exams combining special and regular education students.

            2.          Financial impact of charter schools.

            3.          Raising standards/funding.

            4.          Raising standards/AIS.

            5.          Assessments and reporting.

            6.          Staff development.

            7.          Charter schools/transitional aid.

            8.          Austerity cap/SED support for reform.

            9.          State aid equity - linked to higher standards.

            10.        Vocational education - alternative path to Regent's diploma.

            11.        Teacher shortages.

            The meeting started with Bob Biggerstaff expressing the Association's appreciation to Commissioner Mills and the Regents for Regent's State Aid proposal for 2000-2001 fiscal year and its aggressive attempt to improve funding for high need school districts and to fund the effort to close the gap in performance under the new Regents Higher Standards.  Ted Grocki asked the Commissioner about the Regents proposal and how it identified high need districts.  Commissioner Mills stated that percentages of students in free and reduced priced lunch program, ENA and LEP were used in the Department's definition of high need.  The Commissioner also stated that the Big-5 and the Department have agreed to link student performance with the current Regents state aid proposal.  They have agreed to tell the Governor and the Legislature that if Regents proposal of $1.3 billion of new aid in fiscal year 2000-2001 and an overall aid package of $6.8 billion over five years is provided, the performance goals set forth by the Regents would be achieved.  The Commissioner asked the Association to join with the Big-5 and the Department in taking that position.  Sal Corda stated that in order to reach those goals a number of things needed to be accomplished: (i) there must be an austerity budget cap reform excluding operating standards aid and other aids used to improve student performance from the cap, (ii) the Department needs to mandate student participation in academic intervention services (AIS) and (iii) provide state aid for summer school.  Tom McGowan stated his district would commit to those goals even without additional state aid for summer school but the mandate was essential.  He stated that the mandate needed to apply even to those not failing but who were in danger of not passing.  Sal Corda suggested that perhaps instead of having the Department mandate participation, perhaps it could permit the local districts to mandate participation.  The Commissioner then indicated that the mandate was a good idea but a foundation needed to be laid for such a major change in state policy and that legislation as opposed to Regents regulations would be needed.  He suggested that we talk with Education Committee Chair Senator Sanders and Senator Kuhl about this.

            Tom McGowan further stated that the Association had made this point about mandates when the legislature was contemplating increasing the age of compulsory education from 16 to 17.  He stated that Family Court laws needed to reflect and authorize such mandates.

            Bob Lupinskie then raised the issue of the austerity budget cap and suggested that the cap could be raised from a lesser to the greater of 120% of the CPI or 4%.  Commissioner Mills indicated that this or the reform previously suggested could be a departmental bill. 

            Sal Corda then talked about the problem providing regulatory or policy authorization by using late buses for AIS students only not for all students.  He stated that the Department needed to give districts explicit authority to do so.  The Commissioner indicated that he needed further details on this and the other suggestions previously discussed.  On behalf of the Association we agreed to provide those details.

            Bob Lupinskie then asked whether the Department had estimated the Statewide costs of academic intervention services.  The Commissioner said yes.  The Department estimated that $580 million/year would be needed, $400 million per year already being imbedded in existing formulas.  He further stated that the Regents state aid proposal provided for a significant new thrust.  Instead of being year to year proposal, it looked five years down the road and estimated what new resources would be needed to achieve the Regents goals.  Tom McGowan then brought up the topic of test assessments and the need to get the results before the end of school (June) so that planning for additional services could begin at the earliest possible time.  The Commissioner responded that McGraw-Hill has agreed to move up their schedule to provide test results by August but could not do so by June.  Jim Kadamus stated that there is a proposal on the table to move the tests from May to March but this would require pre-testing and it is not feasible to implement this until the year 2003.  Moving the tests back two months would then perhaps allow the test results to be available before the end of school.  Tom McGowan asked whether retesting for 4th and 8th grade tests was a possibility.  The Commissioner responded that tests on demand needed greater reliance on technology but may eventually be possible.  Ted Grocki responded that under the Terranova model testing on alternative standards was available and would provide an alternate basis for the assessment of student performance.  Jim Lee responded that the Terranova model has only been shown to have a 50% congruence with present tests and that raised the question of whether it could be used. 

            Jim Lee brought up the subject of charter school funding problems.  The Commissioner stated that there is a growing concern in that regard and that the Department is developing a proposal and a set of concerns to be communicated to the Governor and the Legislature.  Sal Corda stated that one of the significant problems under charter school funding would involve districts on austerity budgets which would still be required to pay charter schools even though its own budget was capped.  Jim Lee then told the Commissioner that the Association was working in concert with the Council of School Superintendents and the School Board's Associations on charter school funding problems.  Bob Biggerstaff emphasized that the Association did not oppose charter schools but was deeply troubled by the funding problems and believed the legislature did not intend to have additional financial burdens placed on those districts in which charter schools were located.

            Commissioner Mills then stated that the Big-5 and the Small City School Districts Association need to get behind the Department's $1.3 billion/5 year state aid plan and commit to reaching the performance goals.  Tom McGowan and Sal Corda both stated that in order to reach those goals a longer school year was needed.  The Commissioner response was that the education community needed to support the Regents proposal and only thereafter focus on specific details in order to present the strongest united front possible.

GOVERNOR DELIVERS STATE OF THE STATE ADDRESS

In his January 5th State of the State address Governor Pataki outlined his education priorities for the year 2000.  He proposed a five-part plan to attract new teachers.  This plan included two programs at the college level: free tuition at SUNY or CUNY for students who teach certain subject in disadvantaged schools, with similar benefits to private college students, and a program that would have college juniors act as tutors and mentors in city summer schools.  Pataki also presented ways to encourage teaching as a second career.  He proposed allowing those with experience in a field to teach and permitting retired public employees to become teachers while maintaining their full retirement benefits.  The last provision of the plan was funding supplemental training to help uncertified or temporarily certified teachers pass certification tests.  Pataki called for more support to expand charter schools and commended these alternative schools for their accountability.  He also stated that the boards of education in the big five city school districts should be chosen by the mayors and city councils to increase the accountability of these boards.  While pointing to Lt. Gov. Donohue's Task Force on school safety as a source of suggestions, Pataki declared his commitment to giving teachers the power to remove disruptive students from the classroom and to the implementation of character development curriculum.  The Governor listed three changes to STAR, a program he said had halved the average senior citizen's school property tax over the last three years.  The first proposal was to cap local school budget increases at "reasonable limits" unless two thirds of local taxpayers voted for the increase.  Second, Pataki endorsed legislation requiring school districts to tell taxpayers how proposed budgets would affect STAR tax reductions.  His last STAR proposal involved the manner of the tax cut's disbursement: checks sent directly to the taxpayer after payment rather than a decreased tax bill.

Regents State Aid Advisory Group meeting convened on January 7, 2000 in Albany.  Representing the Regents was Regent Dawson and the Department, Burt Porter and Deborah Cunningham.  Burt Porter reviewed the Regents State Aid proposal for 2000-01 relating to operating and (1) eliminate borough and (NYC); (2) phase out the transition aid cap; (3) increase in operating aid ceiling (4,300); and (4) phasing out of save harmless.

            Also covered was the change in ERSSA, renaming it Academic Intervention Services Aid and enriching it.  Each district will receive an increase AIS aid with a heavy weighting for high need districts.

            Universal pre-kindergarten aid has been capped and the amount of aid is not necessarily assured for each district.  The Regents proposal attempts to stabilize this by assuring existing programs a $2700 per pupil minimum aid for new programs, 2000.

            LEP is to be increased by $15 million.  Summer school aid will be added outside the transition cap until phased out and in same manner as operating aid and transportation is to be aided.  (One year lag in pupil count).  Building aid estimates have recently dropped by $200 million.  This was due to the built-in incentive of districts to overestimate interest payments.  Also, delaying bond issuers so that bond issuers occur closer to construction will result in an additional current year savings to the State.  (The incentive is a current year interest reimbursement mechanism).  (Save from $480 million to $211 million).

            Public excess cost aid last year an additional .5 weighting was approved for certain disabled students (60% savings) receiving services in regular settings.  The 1.7 weighting was reduced to 1.68 over save harmless.

            Aid is computed on operating and two years in arrears.  Proposed is a total 4% increase.  The save harmless proposed as a per pupil save harmless (99.1%).

            The required cost index was discussed.  It is based on the Adirondack region being set 1 and no region can be below 1.  Teacher salaries are omitted and 78 occupational titles from federal (1996-97) labor statistics and updated each year are used.

            Operating standards aid is to be used for staff development in high need districts.  Deborah Cunningham talked about Regents proposal for school accountability for student success.  (Different levels of monitoring for different levels of success - SASS).

1.                   Comprehensive district planning.

2.                   District support - consolidation of planning - SED evaluation services.

3.                   Maintenance of effort for Big 5 city school districts (expand Stavisky-Goodman for NYC to other Big 4 districts based on 3 year average local expenditures.

On building issues Deborah covered the elimination of Wicks Law requirements of tripartite bids on all public projects.  Also she noted that Professor David Monk (Cornell) is updating the study on use of resources and implementation of standards done a few years ago.

            Commissioner Richard Mills made his annual appearance before the Senate Education Committee on January 19^th to explain the Regents program for education and education aid on the new year.  This session will perhaps be particularly contentious because of the aggressive posture the Regents have taken regarding its 5-year, $6 billion aid proposal to support the new higher standards.  It may also be a difficult year in view of the loss of NYC Chancellor Rudy Crew and replacement by Regent Levy a non-educator who received a Commissioner's waiver to take the interim slot as NYC Chancellor.

Commissioner Mills summarized the Regents proposal and the Executive Budget for 2000-2001.  He stated by observing that 90% of seniors have passed the English Regents (55 passing grade) and that this shows that the goals set can be reached.  He then compared the Executive Budget, which proposed $355 million for new education aid, to the Regents proposal which asks for $1.3 billion.  He also emphasized that the Governor's Budget is not targeted to poor districts which need special help to achieve the higher standards.

            Senator Hevesi asked about the progress on phase-in of standards.  Commissioner Mills stated that in 2000 only the English Regents test needs to be passed and so far 84% have taken the exam and 90% have passed.  Senator Hevesi asked whether 55 passing grade isn't too low.  Commissioner Mills said he thought it was a fair cut point and that 67% of passing grades were above 65; math test results are behind that and by 2005 all five Regents will have to be passed.

            Senator Oppenheimer asked about vocational diplomas.  Commissioner Mills said that the Regents are looking at this, reviewing other states approaches but will not consider a lower standard for such diplomas.

            Senator Marcellino (former teacher) said that getting more qualified teachers is important.  Commissioner Mills agreed and referred to enhanced teacher education standards,  enhanced teacher recruitment and incentives.

            Senator Seward agreed that new education dollars must be targeted to operating aid and stated that community colleges must be supported to greater extent.

            Senator Stavisky asked about the status of charter schools.  Commissioner Mills said it is too early to tell, but Regents are looking into them.  He supports the law but questions the unintended financial consequences to the districts.  He has spoken with Lonnie Palmer of Albany CSD extensively about this.

            Please save February 29^th and plan to attend the Legislative Breakfast and Seminar in Albany at The Fort Orange Club.  Both Senator Kuhl and Assemblyman Sanders will speak and the seminar session will cover a range of topics including teacher issues and charter schools.  If you haven't already, please RSVP to Becky Biggerstaff at (518) 462-5300, (518) 436-0210 (fax) or BAB@DeGraff-Foy.com (e-mail).  Looking forward to seeing you there.