October 2001 Vol. XV, no.8 

 

LEGISLATURE AND EXECUTIVE REASSESS STATE FINANCES IN WAKE OF WTC ATTACK

 

    With the World Trade Center disaster recovery and cleanup effort nearly a month old, state government has begun the difficult process of assessing the impact of that tragedy on revenues for the current and following fiscal years, and on the expenditures side as well. The Assembly, in particular, has held out the possibility that the impact of the terrorist attacks would not prevent additional appropriations from being approved for the current year through passage of the long debated and discussed supplemental budget. There is growing pressure on the Legislature from school districts and not for profits which feel their very existence is threatened to provide some additional funding over that approved in the base budget in August. Many districts, including small city districts have been forced to cut programs, increase tax levies, and risk running deficits or a combination thereof to compensate for the state aid that was promised but not approved. The Executive has projected substantial deficits in both 2001-2002 and 2002 and 2003. Governor Pataki has estimated the state surplus at $2.5 billion; a figure which the Legislature says is too low by half at least. Nonetheless, regardless of the exact size of the surplus, no one at this time can predict with any confidence whether that surplus will be adequate to cover lost state revenues and increased expenditures which will face the state in the coming year and one half.

 

    The Legislature has attempted to engage the Governor in budget discussions, but thus far, has been unsuccessful in jump-starting negotiations. Both Houses will return next week to Albany to deal with the so-called “extenders”… legislation which is lapsing and which requires Legislative action to continue in effect. There are more than 50 such extenders that demand attention, many of which routinely are approved in the state budget (in a normal year) involving essential state programs such as the medical malpractice insurance fund. These extenders will insure that the Legislature will return to Albany on a periodic basis for the near future. Until the level of federal support to NYC and the state is clear and the projections of the WTC tragedy impact are firmer, however, the Legislature will find it difficult dealing with the Executive on funding issues not directly related to the cleanup and recovery effort.

 

 

ASSOCIATION AMICUS BRIEF IN CFE  v. STATE TO BE FILED THIS MONTH

 

 

    This month the Association will file this an Amicus Curiae brief (friend of the court) in the landmark case, Campaign for Fiscal Equity v. New York State, in support of the decision by Justice Leland DeGrasse which held that the state’s system of financing education violates the state constitution by failing to provide NYC children with an opportunity for a sound basic education. Justice DeGrasse also held that his decision necessarily would involve all school districts in the state which operate under the same system. Justice DeGrasse presided over the seven-month trial at which more than seventy witnesses appeared to testify and he reviewed thousands of pages of documentary evidence in writing his 185 page decision. The decision reviewed the evidence carefully, using the template of what a sound basic education requires as laid out by the NYS Court Of Appeals in the Levittown and CFE cases in 1981 and 1996, respectively. He found that data on teacher qualifications, class size, drop out rates, percentage of students receiving a local diploma, test performance and the condition of school facilities in NYC, among other indicia, clearly demonstrated that the constitutionally mandated minimum educational opportunity was not being provided. He also rejected the state’s argument that the state provides sufficient funding to NYC (thereby fulfilling its constitutional obligations) and that it is the city that has failed to provide adequate local support. The decision found that it was the state’s ultimate responsibility to insure that NYC students received the appropriate levels of educational services. 

 

    The Association’s brief supports the trial court decision as it relates to NYC children. It also asserts that a sound basic education requires compensation for socioeconomic disadvantages that many urban children have and that the state’s failure to provide additional funding to compensate for those disadvantages renders the state funding system unconstitutional.

 

    Association counsel prepared the brief with the assistance of Charles Winters, former Associate Superintendent for Business at Newburgh CSD and long time Chairman of the state aid committee. Copies are available upon request and will be posted on the Association website at scsd.neric.org next month. The appeal will be argued on October 25^th before the Appellate Division, 1^st Department, in Manhattan

 

DULY ELECTED/APPOINTED OFFICERS AND

BOARD OF DIRECTORS

 

          A new slate of Officers and Board of Directors of the Association were elected and appointed to serve for the coming year at the summer conference in Cooperstown on August 12-13.  The new slate of Officers are as follows:  President, Kevin Barrett, Board Member from Newburgh CSD; Executive Vice President Vito DiCesare; Superintendent of Beacon CSD; Vice President, Dr Richard Jorgensen, Board Member from Norwish CSD; Treasurer, Carmen Granto; Superintendant of Niagara Falls CSD; Secretary Dr. Ronald Friedman, Superintendent of Long Beach CSD; Directors for the three-year term ending in 2004 were elected and are as follows:  Vito DiCesare, Superintendent Beacon CSD, Carl Militello Superintendent Dunkirk CSD; Carmen Granto Superintendent Niagara Falls CSD, Keith Heinrich Board Member Utica CSD, Norma Barton Board Member Canandiagua CSD, Susan Skidmore Board Member Elmira CSD.  Board replacements were appointed as follows:  Michael Egan, Superintendent Fulton CSD for the term ending 2002; Ronald Ross, Superintendent Mount Vernon CSD for the term ending 2002; Joan Purtell Board Member Binghamton CSD for the term ending 2003; Judith Pastel Superintendent Ithaca CSD for the term ending 2003; Sandra Lockwood, Board Member Rome CSD for the term ending 2003; Judith Johnson Superintendent Peekskill CSD for the term ending 2003.  Our thanks go out to all for their support and willingness to serve as Board Members and Officers. 

 

SUMMER CONFERENCE IN COOPERSTOWN

 

          The Associations annual conference was held once again at the Otesaga Hotel in Cooperstown, New York on August 12 and 13 and was well attended to judge by responses, greatly enjoyed by all.  The theme of the conference was learning with new technologies. Presentations were made by Fred Roberts, Director of Technology at Phoenix Central School District, who spoke and demonstrated sinchronist distance learning with a live demonstration.  Other presentations were made by Laura Lavine from Liverpool Central School District, on a synchronists distant learning and the virtual school that has been established at her school district.  Finally at lunch on the 12^th, Gary Steffanetta, Esq. spoke on the legal issues that arise out of the use of new technology and prepared an excellent summary of those issues which can be obtained by contacting the Association and requesting a copy of his presentation.

 

          Laura Lavine’s presentation covered the benefits of offering courses on a web based “anytime anyplace” learning environment in September 2000 Liverpool Central School District began offering web based courses for New York State Regents Diploma, elective and on line tutorial for students in need of support.  The key technological components to the program include the use of features such as streaming video and audio, white boarding, threaded discussions, chat rooms and web linking to make online learning interesting and engaging.  The School’s goal is to support and encourage the creation of additional online courses which will be used to instruct students across New York State and beyond via the internet.  Ms. Lavine may be reached via the internet at lblavine@liverpool.k12.ny.us.

 

          The breakfast speaker on the 13^th was Michael Robell, Chief Counsel and Executive Director of Campaign for Fiscal Equity.  Michael spoke about the lawsuit Campaign for Fiscal Equity v. New York State and the process that CFE went through to develop a definition of a “sound basic education” as specified by the Court of Appeals.  CFE conducted 40 statewide forms to help define what a minimum education should provide.  The State has been asserting that the Regents Competency Test (RCT) are determined the constitutional minimum for educational standards.  The trial court judge, Justice Leland DeGrasse disagreed with the State but did not prescribe a specific formula for financing system out of a desire not to micromanage.  Michael stated that the case would undoubtedly be heard not only by the Appellate Division First Department in Manhattan but also by the Court of Appeals and that the appeal process would extend through January of 2003 he urged the education community to use that time between now and the beginning of 2003 to work on the definition of a sound basic education and education aid formula that would achieve our goals.

 

          Fred Roberts presentation assisted by Dan Meyers of the Myers Group (a technology consulting company) stated that long distance synchronous learning could be used to achieve a number of important goals:  address teacher shortages, access advanced courses, access college courses, conduct virtual field trips.  His presentation demonstrated two way synchronous (at the same time) learning with the Oswego BOCES.  He was asked by science laboratories who would be handled under this system.  He stated that web based science courses are already being presented and some have an iterant teacher on-site for one of three days each week.  He was also asked how to accommodate different school schedules.  He said that the use of block scheduling to get flexibility has solved that problem he said that popular on-line courses include; sign language, advance science courses, 5^th year languages, low enrollment courses, additional electives and college courses.  Phoenix Central School District reported a bill to distance learning room with BOCES on a co-ser for $68,000 including the ISN line an example of other uses is the visit to COSI in Columbus Ohio where they were able to visit the elephant sanctuary on a interactive basis and also visited a surgical suite (live in the operating room) program is available at www.cosi.org and more information on distance learning can be obtained at www.nysdlc.org (New York State Distance Learning Consorcea.)

 

          The main speaker at the Sunday night dinner was Dr. James Garbarino from Cornell University.  He spoke about his recent books, Lost Boys and the newly published Parents Under Seige.  Written from extensive interviews after the shootings at Littleton, Colorado.  He began by paraphrasing HL Mencken, “for every complex problem there is a simple solution which is invariably wrong.”  He said we all want to make our society better.  The U.S. is a nation of action.  But perhaps we need to understand problems more deeply first, as Kirk Lewin has said, “nothing is so practical as a good theory.”  Professor Garbarino spoke about the programs that didn’t work e.g., “Scared Straight” “DARE”, Scared Straight didn’t work.  It would for boy scouts who were scared  but not for the most difficult kids who merely thought, after seeing the movie, “I better be tough when I go to jail.”  The reason these simple programs did not work is because they are not founded in a solid theory of underlying causes of dysfunction and delinquency.  Research from the 1950’s shows that school size is related to delinquency when a school passes a certain threshold, because the larger the district, the less marginal kids are part of the school community.  Nevertheless, school size tripled over the next two decades.  Problems must be understood in context, and almost never is a problem result of one risk factor.  The Semroff study showed that average I.Q. was inversely related to social risk factors such as child abuse and drug abuse.  Children with no risk factors had 119 average I.Q.; with one risk factor an I.Q. of 116; but with four risk factors, and I.Q. of 93.  Kids can handle some risk factors, but after a point them become overwhelmed.

 

          Other studies show that Professor Garbarino continued, that the key to emotional intelligence is the ability to delay gratification and is related to performance on SATs.  Another issue is how to look at resilience.  How to have compassion.  A recent killing of a teacher in Lakewood Florida went to trial, (Professor Garbarino was an expert witness for the defense of Daniel Brazile who show his teacher) he said that we must look at the cumulative effect of risk factors.  Patrick Talon studied kids with risk factors and breakdowns (risk factors included abuse and neglect, violent poor neighborhoods for 14-15 year old boys, exposure to racism) the conclusion was that 100% of the boys with five risk factors experience breakdowns.  The study concluded “we have to have humility in judging them.”

 

          It is clear that television violence leads to greater personal violence and that kids with more risk factors are more vulnerable to the influence of tv.  Jane Gilligan studied violence in prison and found it was related to rejection and disrespect.  The study reorganized prison life around acceptance and inclusions and during the study period there were no suicides and no attacks on guards.

 

          Professor Garbarino said that we must affirm and accept kids give impart values to them and help them find deeper meaning in life.  Kids with bad early lives that succeed have hooked into a larger sense of purpose, a spiritual sense of meaning, a spiritual dimension.  Character education of poor values is essential (when meeting student in the hall don’t just ask him for a pass ask him how he justifies being there in view of values of honest and integrity.)

 

          Professor Garbarino observed that temperament was relevant, that 10% “easy” babies had difficulty in adjusting in elementary school and that 70% of difficult babies had adjustment troubles.  Temperament is not destiny, he said, but needs to be acknowledged.  Dillon Clebold, was a very sensitive child who parents overcompensated.  Dillon could not lost and needed help to overcome that.

 

          Humans are spiritual and psychological beings, he continued study show that they turned out badly when rejected and “wish I was never born” (from a 14-year old who took his class hostage).  The need to be accepted is powerful some would rather kill than not be recognized.  There needs to be a circle of caring.  The question whether they know right from wrong is the wrong questions.  They have a strong sense of right and wrong inside this circle of caring the circle must be expanded (the Association has several copies of both Lost Boys and Parents Under Seige which are available upon request.)

 

DATES TO REMEMBER

 

Dates                              Time           Place                              Event

10/19/01                7:30 a.m.          Buffalo, NY                    SCSD Breakfast

                                                                                      with Assembly

                                                                                      Majority Leader,

                                                                                      Paul Tokasz as

                                                                                      Guest speaker

 

11/  /01                                     Offices of                        Board of Directors

                                                DeGraff-Foy,                 Meeting     

                                                Albany, NY

 

11/  /01                                     Education Bldg.               Meeting with       

Albany, NY Commissioner Mills

 

1/  /02                                                 Location                         Regional Meeting

                                                to be determined             Hudson Valley

                                                                                      Region

 

1/27/02                                     Desmond                       Board of Directors

Americana Hotel,                    Meeting with

Albany, NY           in conjunction with the NYSCOSS

                                      mid-winter meeting

 

3/26/02          8:00 a.m.             Fort Orange Club                    Association

                                                Albany, NY                    Legislative

                                                                                      Breakfast Seminar

And Board Meeting

8/18-8/19/02                           to be announced             Associations

(tentative)                                                                        Summer Conference

                                                                                      & Annual

                                                                                      Meeting