April 2004 Vol. XVIII, No. 3   

STATE
BUDGET
UPDATE
STANDOFF
CONTINUES

The gridlock over the State Budget and Education Reform continues, meetings of the Governor, Assembly Speaker and Senate Majority Leader not withstanding. An “eye of the storm” calm has descended over the Capitol as rank and file members and their staff standby ready to debate and pass budget bills which have not as yet even been drafted. While the general parameters of an education budget appear agreeable, i.e. a roll back of Executive Budget reforms respecting BOCES, Special Education Aids and Flex Aid plus an addition of approximately $300 million over the Governor’s Budget, the Assembly’s insistence of combining Education Reform with the 2004-05 State Budget seems to be an insuperable obstacle. Members have even begun talking about the inevitability of the previously unthinkable appointment of a Special Master by the CFE judge to reform education aid. Whether this threat is merely “brinksmanship” is not yet clear. The Association has continued extensive discussions with Legislators and staff concerning Funding For Achievement. FFA has received much interest in that it is a targeted and adaptable proposal that would benefit not just small city schools, but 60% of districts and 75% of children statewide. Individual districts are encouraged to speak with their own Legislators as well to advocate adoption of FFA principles.

TRS/ERS
CONTRIBUTION
ISSUE

In February and early March, hope was raised that legislation would be passed to lower current year employer contributions to the state retirement systems. However, as of April 26^th, there is no movement in the legislature to address the rising cost of school contributions to either the teacher or the employee retirement systems. Indeed, Senator Robach’s office (Chairman of the Civil Service and Pensions Committee) referred our staffer to the Times Union for information where Governor Pataki and Comptroller Hevesi seem to be debating this issue publicly (Pataki defends pension reform plan, by James M. Odato, Wednesday, April 21, 2004).

Moreover, Assemblyman Abbate’s office (Chairman of the Assembly Government Employees Committee), has advised on March 31^st that the small city schools should to forth with what the Comptroller has given them when planning their budgets.

REGENTS
MET IN
BUFFALO
APRIL 19-20th

The Regents met in Buffalo this month and discussed, among other things, a review of three major proposals to reform state aid to education. The three proposals analyzed came from the Board of Regents, Campaign for Fiscal Equity and the Governor’s Commission on Education Reform, submitted by Chairman Frank G. Zarb.

All three proposals have the following in common:

• Require a statewide solution, not just new funding for New York City
• Recommend a multi-year phase in of new funding system
• Simplify the aid system, especially through consolidation of aids
• Focus on aid for school operation and maintenance
• Base costs on Regents standards
• Base funding on actual costs of education of students
• Provide an adjustment for variations in purchasing power around the State
• Tie finance reform to a measure of accountability
• Recommend an increase in the billions of dollars
• Separate aid for high-cost students with disabilities

The Regents’ reform plan and the CFE plan have the following in common:

• Adjust costs over time
• Provide a measure of tax relief or tax equity

And, the CFE plan has the following in common with the Zarb Commission plan:

• Improve early childhood education

SED reported key differences among the proposals.

• Whether to include aid for at-risk students together with aid for the instruction of all students
• Whether to include aid for students with disabilities together with aid for the instruction of all students
• Whether proposed changes concern total aid (with some measured degree of loss) or simply the increase in aid (and no loss)
• Whether or not to mandate the local share and how to enforce such mandate.

Please contact our office for copies of the SED analysis by calling Beth at (518) 462-5300 or emailing Bob Biggerstaff at rbiggerstaff@degraff-foy.com.

REGENTS
MET
IN ALBANY
FEBRUARY 23^RD

The Regents held their monthly meeting in Albany on February 23^rd.  In attendance for the Committee on Elementary, Middle, Secondary and Continuing Education and Vocational and Education Services for Individuals with Disabilities were Regent Bottar, Regent Tisch, Regent Dawson, Regent Johnson, Regent Bowman, Regent Cortes-Vazquez, Regent Tallon and Commissioner Mills. The committee met to discuss, among other things, the revised policy to allow a passing score of 55-64 on the five required Regents exams, regulations regarding the timely impartial hearings for students with disabilities and special education regulatory reform, recognition and sanctions for school districts.

The Regents unanimously approved the proposed amendment to the Regulations to allow a passing score of 55-64 on the five required Regents examinations as an option to meet local diploma requirements. The provision includes students currently in high school who entered grade 9 in the 2000-2001, 2001-2002, 2002-2003 school years and those who will enter grade 9 in the 2004-2005 school year. This extension is intended to give students and schools more time to improve achievement.

Additionally, this amendment will “extend the existing safety net” for students with disabilities entering grade 9 prior to the 2010-2011 school year. The proposal intends to allow students with disabilities who fail a required Regents exam to meet local diploma requirements by passing the corresponding Regents Competency Test.

This amendment makes technical changes to clarify the requirements relating to mathematics, among other subjects, because present language does not allow students who took Course III after January 2003 to be eligible for a Regents Diploma or Regents Diploma with Advanced Designation.

The proposed amendment to require an impartial hearing officer (IHO) to schedule the hearing or a pre-hearing conference to begin within 14 days of being appointed was a matter of technical change to connect references of law and to bring this issue under the regulation of the Regents. This amendment was unanimously approved.  This amendment would allow the IHO to:

1.      assist unrepresented parties at all stages of the proceedings,

2.      allow for a pre-hearing conference to simplify or clarify the issues,

3.      establish dates to complete the hearing,

4.      identify evidence and witnesses and/or address any administrative matters to ensure a timely hearing.

The amendment would also allow the IHO to:

1.      limit the examination and number of witnesses,

2.      exclude evidence that is irrelevant, immaterial, unreliable or repetitious,

3.      take direct testimony by affidavit and

4.      receive memoranda of law not to exceed 30 pages in length in a specific format.

The issue of Special Education Regulatory Reform and Recognition and Sanctions generated a lively discussion that highlighted the Regents’ plan to develop guiding questions to be brought to a series of public forums and stakeholder meetings. One question will be aimed at seeing how parents are informed and what voice they have in this process.

Regent Johnson gave a short presentation on this issue. He said that now that the Regents are looking to improve outcomes rather than procedures, it is important to look at what other states are currently doing about this issue and to listen carefully to stakeholders. Some of the questions he proposes to ask stakeholders are, how the local media and the Internet are being used for rewards and what are the criteria for success/recognition?

Regent Tisch is concerned that a 2-track system will be developed as she has witnessed with other regulations, one for NYC and one for the rest of the state. It was pointed out that many regulations and exceptions to those regulations come from statute and would require legislative action. At this point, the Regents are looking forward to hearing the set of recommendations to be presented in the Fall.

DATES TO REMEMBER

June 2, 2004 12:00pm-2:00pm
Board of Directors meeting
Offices of DeGraff, Foy
Albany

August 8-9, 2004
Summer Conference
Ramada Inn, Geneva