NYSASCSDHome  Board of Directors   Committees   Membership Directory   Newsletters  Officers   Upcoming Meetings    Legal Opinions     Staff

October 2007 Vol. XXI, No. 10

THE GOVERNOR VISITS JAMESTOWN AREA

Raymond Fashano, Superintendent Jamestown CSD, was one of about 30 community leaders asked to meet with Governor Eliot Spitzer recently during his visit to the Jamestown area. Many issues were brought to the table and Mr. Fashano spoke to the Governor about the realities of his Contract for Excellence initiative and the newly reconstituted Foundation Aid. Below is an excerpt of the letter dated September 24th that Mr. Fashano was asked to write as a follow up to this discussion.

 Text Box: Dear Governor: 
…I spoke with Mr. Martin Mack, your Deputy Secretary, after the meeting in Jamestown and he asked me to put my thoughts into writing. Therefore, my concerns for the Foundation Aid and the Contract for Excellence are:
1)      We are all in favor of accountability but we need various degrees of it. [Jamestown is] on this Contract for Excellence list and have all the rules applied for three students. This is a far cry from other cities that are on the C4E list for multiple violations in multiple buildings. My point is simply that there needs to be various degrees of penalties not the full force on the C4E provisions for minor infractions.
2)      The Foundation Formula essentially does what you wanted it to do – drive money to poor school districts. Located within the formula is an area that uses the Combined Wealth Ratio and the formula uses the lower cap of .50. This is a fallacy because Jamestown Public Schools has a Combined Wealth Ratio of .34. You see we are really poorer that your formula gives us credit for and that means that we lose many thousands of dollars for being “too poor”. My suggestion is to let the CWR be what it really is and let the formula run more dollars to poorer schools…
3)      I am sure you are aware…the 3% cap on increases to our operations is very difficult for any school district to do and maintain existing staffing patterns. It always costs more to do business the next year with the same staff as it did from the year before. Then when you add increases in health insurance, retirement systems, utilities increases, wage increases and unfunded mandates that rise from 8-12% each year you can see it is difficult to keep a school budget growing only 3%. We need mandate relief and we need the 3% cap to increase.

 

Text Box: 4)      Also listed in the Foundation Aid is a 25% Maintenance of Effort number to give districts credit for existing programs that they have initiated to help students of need and at risk of failing. I do not feel 25% gives enough credit for the local efforts. In the previous four years when revenues have been low for poor schools due to inequities in the formulas, Jamestown had to lay off over 140 people and raise taxes to balance our budgets. But we made local decisions that influenced our school system such as lower class sizes in our elementary. The 25% rule does not give us enough credit for these “lean year” decision.
5)      In 2007-08, with the Foundation Aid in place, and being listed as a C4E School District we had to add about $1.9 million dollars for new programs that focused on the five areas cited in the law such as class size or increased time on task. The question is if the 25% rule for existing programs does not increase for 2008-09 to take into account this new [expenditure] for new programs what is a school district to do? It would mean cutting of new programs and staff just one year old, and adding new programs and the staff for these new programs. This could create massive lay-offs and rehiring each year that becomes a huge personnel issue. This is of grave concern entering the 2008-09 budget year if adjustments are not made to the legislation to accommodate Year 1 of Foundation Aid and Contract for Excellence rules….
 
Sincerely yours,
Raymond J. Fashano
Superintendent of Schools
 
 

 

 

 

 

BOARD SETS PRIORITIES FOR UPCOMING LEGISLATIVE SESSION

At the September 26th meeting of the Board of Directors, legislative priorities for 2008 were conceptually approved and included four areas: Foundation Aid amendments, Contract for Excellence amendments, Charter School reforms and Debt Ceiling reforms.

The Board agreed that for any Foundation Aid amendments, the regional cost factor needs adjustment. Robert Biggerstaff also suggested that a continuation of the 25% cola exemption for poor/needy districts resulting in a total exemption between 3 and 6 percent be supported. The Board also agreed that amendment to the high tax aid be recommended which makes this aid category reflective of actual district wealth.

Regarding Contract for Excellence amendments, the problem of ‘lumping’ all districts in one category regardless of the actual degree of educational deficiencies was discussed. The Board agreed that any adjustment in the C4E spending requirement should reflect the actual severity of a district’s deficiencies.

The Board agreed that since the number of Charter Schools has been increased and that these schools are a reality for the foreseeable future, the Association must confront the issues presented by Charters. A joint position paper (Association and effected small city districts) will be developed as a basis for lobbying in 2008.

Three possible approaches to debt ceiling reforms were discussed; a Constitutional Referendum, exclusion of building aid from the debt ceiling calculation and Dormitory Authority financing of small city school construction projects outside the ceiling. Which of these will be most likely to pass in 2008 is not yet apparent.

As always, the Association welcomes any questions or comments regarding these issues of interest.

 

 

CENTER FOR SCHOOL IMPROVEMENT PLANNING UPDATE

The Center for School Improvement Planning has been busy these past few months working to gather, analyze and present a myriad of school fiscal and academic data. The aim of the Center is to provide districts with a clear picture of its strengths as well as areas with room for improvement. This picture is a valuable inventory, especially for those schools asked to create new programs and account for additional spending under the Governor’s Contract for Excellence initiative. The Center will also be available as a consulting resource for districts’ planning and implementing changes.

On October 1st, Lonnie Palmer and Charles Winters presented the first customized report at Binghamton CSD. The feedback has been very good. The next step is a return to the district for further discussion and planning. Below is a generic table of contents to illustrate the data provided.

content

page

Introduction to reading this report

1

Chart: Percent Passing and Demographic Predictor with All School Districts

3

Chart: Percent Passing and Demographic Predictor Schools Over 2,100 Enrollment Only

4

 Highlights - Performance Measures

5

Chart: District Performance Indicators

7

Chart: Overall Achievement and Data-Predicted Achievement

8

Chart: 4th Grade ELA

9

Chart: 8th Grade ELA

10

Chart: 4th Grade Math

11

Chart: 8th Grade Math

12

Chart: Regents Cohort

13

Chart: Factors Associated with Lower Performance

14

Chart: Five-Year Graduation Rate

15

Chart: Instructional Staff Quantities

16

Chart: Instructional Staff Characteristics

17

Detail - Performance and Inputs

18

 Highlights - Finance Measures

50

Chart: Current Spending and Formula Specified Spending

53

Chart: Current Tax Effort

54

Detail - Financial Data

55

The next presentation is scheduled for Jamestown CSD. We will keep you informed of further developments.

Any questions about the Center can be directed to Bob Biggerstaff at the Association’s offices (518-475-9500, reb@biggerstaff-firm.com).

 

 

BILL STATUS REPORT

Below is a listing of the Association’s bills of interest (as of the end of September 2007) that have been either vetoed or chaptered.

BILLS OF INTEREST - VETOED

Veto No.

Bill No.

 

143

S1095

SALAND -- Relates to excluding increased fuel costs from calculation of total spending increases in a contingency budget

119

S6030

FARLEY -- Prohibits the diminution of health insurance benefits of public employee retirees

120

S6031A

FARLEY -- Prohibits the diminution of health insurance benefits of certain public employee retirees

122

S6275

SALAND -- Requires chair of committees on special education to provide parents of a child with a disability with a list of programs and services available to such child

100

S6328

MAZIARZ -- Amends part B of chapter 57 of the laws of 2007 relating to adjusted valuation for school aid

BILLS OF INTEREST – CHAPTERED

Chapter

Bill No.

 

238

A3249A

Nolan (MS) -- Increases the allowable amount of unexpended surplus funds which may be retained by a board of education

422

S691

FLANAGAN -- Provides that expenditures for self-supporting programs shall not be considered as part of a school district's total spending for contingency budget purposes

289

S2445

MORAHAN -- Relates to the aggregate homestead and non-homestead tax share for certain tax districts

178

S2682

LITTLE -- Provides for notice of changes in real property assessments

445

S3577A

SALAND -- Relates to the use of monies in the reserve fund established by a school district

306

S3687A

SEWARD -- Permits a filing for state aid by the Oneonta city school district

464

S4799A

FARLEY -- Authorizes granting of the residential investment exemption in certain school districts

341

S5370A

LITTLE -- Provides uniform requirements applicable to municipalities and school districts authorized to incur debt to liquidate operating deficits

220

S5747

SALAND -- Relates to chapter 425 of the laws of 2002 amending the education law relating to safe attendance and chapter 153 of the laws of 2006 amending "No Child Left Behind Act"

670

S5973B

LANZA -- Directs the commissioner of education to promulgate regulations requiring school districts identified by such commissioner to minimize idling of school buses

90

S6127

SALAND -- Extends the effectiveness of conditional employment and emergency conditional employment of prospective employees of school districts, boards of cooperative education

378

S6361

SALAND -- Relates to implementation of the federal individuals with disabilities education improvement act of 2004; repealer

672

S6074A

GOLDEN -- Requires every school district and board of cooperative educational services to provide and maintain nebulizers for use by public and private school students

 

 

 

 

LITIGATION UPDATE

The Association Board of Directors met on September 26th and unanimously voted to continue its support of the Small City School District litigation and of the individual plaintiff districts that have decided to re-file the complaint. As previously reported, the Appellate Division decision in July determined that BOE members, both officially as members of district boards and individually as private citizens, lacked the legal standing and capacity to sue the State on constitutional grounds. The Court also determined that the complaint must allege separate educational deficiencies for each district involved in the case rather than summarize those deficiencies collectively. The Litigation Steering Committee decided not to appeal that decision and instead it recommended that the Association support districts wishing to re-file the complaint. To date, nine of the original plaintiff districts have decided to participate in the re-filed case. Those districts are Beacon, Corning, Jamestown, Kingston, Mt. Vernon, Newburgh, Niagara Falls, Salamanca and Tonawanda. Albany, Dunkirk, Middletown, North Tonawanda and Poughkeepsie are still in the process of determining whether to go ahead. Four districts, Binghamton, Cohoes, Glens Falls and Schenectady, have decided not to pursue the case at this time. Of the eleven Supporting Districts, Lockport has already agreed to continue its support. Other districts previously supporting the litigation include Auburn, Batavia, Cortland, Fulton, Hornell, Hudson, New Rochelle, Peekskill, Plattsburgh and Saratoga Springs.

Please note, that previous non-participation as a plaintiff district or supporting district does not, of course, preclude your district from participating now. Nearly half (18 plaintiff districts and 11 supporting districts) of the small city districts participated in the first case. This number was impressive, especially to the Leaders in the Capitol in Albany. As always, any questions, criticisms, comments and suggestions will be appreciated. It is only through our collective efforts that we can hope to be successful.

 

 

UPCOMING
EVENTS

October 15, 2007
meeting with Manny Rivera, Deputy Secretary for Education
12:00 pm Fort Orange Club – lunch
1:00 pm meeting in Room 236 Capitol  

October 26, 2007
8:00am
annual breakfast in conjunction with NYSSBA Convention
The Cornell Club, NYC

November 1, 2007
meeting with Paul Francis, Director, Division of Budget
12:00 pm Fort Orange Club – lunch
1:00 pm meeting in Room 101 Capitol 

November 26, 2007
1:00pm
Board of Directors Meeting and meeting with Commissioner Mills
Fort Orange Club Albany NY 

January 20, 2008
1:00pm – 3:30pm
Board of Directors meeting in conjunction with NYSCOSS midwinter meeting
Desmond Hotel Albany NY 

March 11, 2008
8am – 12pm
Legislative Breakfast
Fort Orange Club Albany NY 

June 1-2, 2008 (tentative)
Annual Conference
The Otesaga, Cooperstown NY (tentative)

Albany
Amsterdam
Auburn
•Batavia
Beacon
•Binghamton
•Canandaigua
Cohoes
Corning
Cortland
Dunkirk
Elmira
Fulton
Geneva
•Glen Cove
•Glens Falls
Gloversville
Hornell
Hudson
Ithaca
Jamestown
Johnstown
Kingston
Lackawanna
Little Falls
Lockport
Long Beach
Mechanicville
Middletown
Mount Vernon
New Rochelle
Newburgh
Niagara Falls
N. Tonawanda
Norwich
Ogdensburg
Olean
Oneida
•Oneonta
Oswego
Peekskill
Plattsburgh
Port Jervis
Poughkeepsie
Rensselaer
Rome 
Rye
Salamanca
Saratoga
Schenectady
Tonawanda
Troy
Utica
Vernon Verona Sherrill
•Watertown
Watervliet
White Plains