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EDUCATION DEPARTMENT MEETING ON C4E
ELEMENTS OF FOUNDATION AID - by Lauren Poehlman, Assistant Superintendent,  Geneva CSD
S.6421/A.9402 SIGNED BY GOVERNOR MARCH 4th
UPCOMING EVENTS
 

March 2008 Vol. XXII, No. 3

 

 



 

EDUCATION
DEPARTMENT
MEETING
ON C4E

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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On February 29th, the Education Department held a meeting to discuss the Contract for Excellence, statutory changes under the 2008-2009 budget, implementation in 2008-2009 and draft regulations currently under consideration. SED was represented by Jay O’Conner, Charles Szuberla, Deborah Cunningham, and Bert Porter. Numerous small city school districts were also represented in person or via telephone or video conference.  In attendance were representatives from Middletown, Geneva, Auburn, Schenectady, Albany, Binghamton, Dunkirk, Jamestown, Fulton, Elmira and Watervliet. The following are notes from that meeting.             

Charles Szuberla: What is C4E district? If you were a C4E district in 2007-2008, the district will continue as such in 2008-09- see 21day amendments to the Executive Budget. New C4E include those districts on improvements status for two years-i.e. failed to make AYP for 2 years. Is use of C4E dollars for building costs okay?  Not permitted under 21 day amendments but SED is looking at this if linked with program changes. Is use of C4E dollars for diagnosis for emotional social conditions of students permissible? Yes, and may be system wide or district wide

 

Q. Excel project requires 28 class size by BFP but under C4E we want class size under 22.

A. CSz; we will work to alleviate that conflict.

 

Q. Ken Eastwood (Superintendent Middletown CSD)- capital projects are needed to reduce class size – C4E money cannot be used for building. A. CSz- this is a problem under 21 day amendments and needs to be addressed by legislature.

 

Q. Robert Biggerstaff (NYSASCSD Executive Director); Computation of 25% could be loosened and be based upon total foundation aid increase, not total minus 3%

A. CSz; yes, that may require statutory change.

 

Q. Syracuse can’t raise taxes, lack of flexibility will cost jobs and programs.

Q. Fulton at $26/$1000 tax rate is in the same position, budget passed by 41 votes in 2007. Can’t increase anymore.

Q. How do you draft a 2008-09 contingent budget? Must Foundation Aid increases be limited by the cap?

A. Foundation Aid 2007-08 is in base. FA increase for 2008-09 is grant in aid.

 

Q. How do you maintain a 2007-08 C4E initiative in 2008-09?

A. CSz; If  a $2M program now costs $2.1M in 2008-09 and if some expense is one time (equip., staff development) and more than offsets inflationary increases or doesn’t – we don’t know how to handle this and need to get SED counsel opinion.

 

Q. One district lost $175K fed support from Reading First. Can C4E money be used?

A. Deborah Cunningham – SED is doing a paper on supplementing vs. supplanting issues and will use examples like this.

A. CSz – Reading First program is not a program they would have done otherwise and is not supplanting.

 

Q. Why can’t existing effective programs be funded under C4E?

A. CSz Legislature needs to hear this.

 

Q. K. Eastwood – Middletown lost $1M in BOCES Aid and can’t make it up with FA/C4E money.

Q. K Eastwood- Middletown – What about unexpended C4E funds?

A. CSz – let me know and we will work something out.

DC- unexpended dollars go into fund balance and could reduce tax levy in the next year under current laws–of course C4E contracts may be amended w/ commissioner’s approval to facilitate full expenditure.

 

Q. K Eastwood – what about supplanting issue visa vi lost BOCES Aid? A. Jay O’Conner – if program lost is w/in C4E guidelines that would not be supplanting and would be a permissible C4E expenditure.

A. DC – but it cannot be used to generate BOCES Aid under Section 1950.

 

Q. K. Eastwood – but non C4E districts can use FA to generate BOCES Aid – discriminatory against poor districts.

A. DC- we need to push back on this and revisit issues.

 

Q. Title I funds go down each year and programs increase in cost each year-how treated under C4E?

A. JO’C – if program or positions would have been cut, then use of C4E funds would not supplant fed. funds-need to document loss of programs and positions.

 

Q. Will there be separate C4E auditors?

A. DC- that is being discussed.

 

Q. K Eastwood- is audit cost included in C4E?

A. DC-no

 

Q. Ken Eastwood, is that another discrimination against C4E districts?

 

 

ELEMENTS
OF
FOUNDATION AID

By Lauren Poehlman, Assistant Superintendent Geneva CSD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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The Foundation Aid implementation is the most progressive and welcoming change that has come into NYS education financing in years. The basic tenants of a fair formula have started to re-adjust state support so that the distribution is more equitable. We will take a closer look at some of the adjustment factors interplay with the flow of funds and how they affect the equitable distribution of this funding in New York.

 What does it cost to adequately fund an education?

According to the Regents, the resources necessary to attain Regents Standards has been determined to be a base of $5,662 per student, per year. The base foundation aid is adjusted for the regional cost factors and pupil needs.  By applying additional weightings for poverty and English language burdens, the cost to adequately fund an education ranges from $5,662 to $16,137 per weighted pupil. These factors are outlined in more detail in the “Foundation Aid Primer” on the ASBO website and are available at the NYS Education website inn conjunction with the district-specific calculations.  

The Regents recommendation for our current discussion as it is based on the Successful Schools Model and accounts for the basic elements of poverty and Language English Proficiency (LEP) populations. There are credible arguments from Statewide and Campaign for Fiscal Equity that this level of funding is still inadequate funding for our neediest students, but the analysis of the adequate cost of education is not included as part of this analysis.  

What is the Community’s ability to pay?

The calculation of ability to pay is based on the tax base and the Income Wealth Index (IWI) of the district. It is the fraction of the Adjusted Gross Income (AGI) per Total Weighted Foundation Pupil Unit (TWFPU) over the state average of the same.  

IWI = District AGI per TWFPU/State Average AGI per TWFPU

 The IWI is an indicator of the ability of the taxpayers in a district to support the schools as compared to the average of the state. By combining the IWI, the assessed full values, and an average tax rate, it appears that we have been able to generate an equitable expectation of local contribution.  

The chart indicates that the poorest districts to the left have a lower ability to raise taxes than the wealthier districts to the right. The chart below is topped out at $1M property value per TWFPU in an effort to aid the readability of the chart. 

The calculation of the IWI is limited on the lower end of the scale. Any district that is more than 35% less wealthy than the average, or has an AGI per TWFPU of less than $109,850 is determined to have an IWI of .65.  By applying a minimum IWI, the calculated expected share is higher and the state’s share of the funding is lower. It artificially inflates the ability to pay for over 300 districts at the poorest end of the scale.

  • State average is $169,000 Full Assessed Value per student

 

  • 197 districts have the potential to support 100% of their Adjusted Foundation Aid and still receive Foundation Aid as a result of state sharing ratios and save-harmless provisions.

 

  • 21 Districts need more than 90% State Aid to sustain adequate funding due to the lack of a taxable base needed to support the cost of education their students.

 

  • 94 districts have Full Assessed Values of $1M or more per Total Weighted Foundation Pupil Unit to support local effort and still receive Foundation Aid. This chart has limited the full assessed value (FAV) per student to $1M for presentation, as the 94 remaining districts have the ability to raise over $100,000 per student at a rate of $10 per thousand.

  

The income wealth index times the expected local contribution of 1.6% is the calculated tax rate that is determined to be the expected local contribution to be raised by the district. By using a minimum floor of .65 for the IWI, the minimum tax rate applied to all districts is $10.40.   

 The wealthier districts have the local contribution calculation capped at a maximum tax rate equal to their IWI times 3.2%.

 Despite the floor on the IWI of .65, there are districts whose expected local contribution still falls less than 10% of the amount required to provide an adequate education for their students. Due to the lack of tax base and very high needs, the unrestricted expected local contributions of the poorest districts in the state is only 2-3%. The foundation formula requires a minimum of 10% local contribution regardless of the extreme poverty conditions.
What happens when we place a floor of .65 on the Income Wealth Indicator and a Maximum of .032 on the tax rate and a minimum of 10% local contribution%?

  

 

 

  • The Minimum IWI factor of .65 forces a higher contribution rate for the poorest districts. Some of this is subsequently counteracted by the State Sharing Ratio #1 as discussed in the next section.

 

  • Any benefit derived from State Sharing Ratio #1 is eliminated by the 10% minimum local contribution (alternate limit on state sharing of .9) , thereby denying the poorest of district from receiving their calculated aid.

 

  • The alternate limit on State Sharing to 90% forced higher burdens on the lower wealth districts

 

  • The maximum tax rate of .032 caps the expected local contribution of the wealthier districts.

 

  • $329M is withdrawn from the Adjusted Foundation Aid of the poorest districts by applying the .65 wealth factor or limiting local contributions to 90% of the Adjusted Foundation Aid

 

What are the State Sharing Ratios?

The State Sharing Ratios are percentages of the state’s share of every district’s calculated Foundation Amount per Pupil.  

The unadulterated formula is fairly simple:

Cost to educate based on need – Expected Local Contribution = Unadjusted State Share 

 

 

There are five alternate calculations, however. Each of the alternate calculations benefits a different group of districts. Alternate State Sharing Ratio#1 benefits the poorest districts. It raises the State’s share of their funding by applying a weighting to the Combined Wealth Ratio. This appears to re-align the state share to close to where it would be if there were no previous limitations in the formula (.65 IWI or .9 Adjusted State Sharing Ratio). The second and third ratios benefit progressively wealthier districts. The fourth Alternate State Sharing Ratio benefits the wealthiest of districts by increasing their state share %. Even then, there are 36 districts that would not qualify for any Foundation Aid.  In order to satisfy the political players, a floor of $500 per student becomes the fifth alternate calculation.  Every district in the state receives foundation aid, regardless of the financial resources of the district.

 

What is the effect of the State Sharing Ratios?

  

  • State Sharing Ratio #1 increases aid to poorer districts but the .9 limitation takes the benefit of State Share #1 calculation from the poorest of all of the districts.

 

  • Without the application of these ratios, 197 Districts would not qualify for Foundation Aid because they were determined to have sufficient resources to provide for their base aid, adjusted for cost indexes and for student need.

 

  • State Sharing ratios progressively increase the state share of funding so that only 37 districts are excluded from some state aid after the state sharing ratio is applied.

 

  • The minimum funding of $500 per TAFPU gives funding to the wealthiest districts in the state.

 

  • $1.97 Billion is guided into the districts with lower needs by applying State Sharing Ratios #2, 3 and 4.

 

  • $49M is guided into districts under the minimum $500 per TWFPU Calculation

 

Is the Foundation Aid driving enough money into the neediest districts?

 If we compare the basic foundation formula (Cost –ELC = State Share) with the final cost allocations under the formula, the poorest districts are losing the most and the vast majority of the remaining districts are slotted to receive more than their unadjusted share of state funding. How can we continue along this path with the impending threat of budget deficits? Our largest urban centers, with seemingly insurmountable problems, are not receiving adequate or equitable funding while we maintain and even increase, funding to districts under save-harmless provisions and inflated ratios. If the State is sincere about adequacy, it needs to eliminate the manipulations in the formula that deprive the poorest districts of adequate funding. 

 

 

Four Years of Implementation

 The Foundation Aid formula addresses many inequities in the funding of education, but it is planned for implementation over four years. Should the funding cease, the disparities between districts revert to the dysfunctional and grossly inequitable situation of the previous decade.  

We should not expect true equity in funding, as communities will continue to spend available resources and they should not be restricted from using them. The State’s responsibility, however, should end at adequate funding for these districts.

 By funding tax limitation aid on the basis of tax levy, the State is, in effect, subsidizing high resource districts that spend out of desire to provide better program. The high tax aid, if based on expected local contribution, would still allow state aid to flow to the high needs districts in high tax sections of the state. More than $20M is allocated to districts that raise more than $16,000 per student through local tax effort and $10M of that aid is allocated to very wealthy districts that raise more than $20,000 per student. In the calculation of High Tax Aid, expected local contribution should replace the tax levy, eliminating the allocation of funds to high spending, not high needs districts. It would also eliminate high tax aid in resort areas where the ratio of taxes to the income wealth of the community is high, but the taxpayers are not residents of the area.

 It is also important to keep the tax levy itself in relative terms. A $20,000 bill on a $1M property is the same tax on true than a $2,000 bill on a $100,000 property. If we use income equal to half of the house value, the $20,000 bill on a $500,000 income is less stressing to a family than a $2,000 bill on a $50,000 income. Hence real estate taxes are regressive taxes and this is exaggerated when state sharing ratios provide additional relief to the higher income taxpayers.

Maintenance of effort is a key element of a community’s responsibility to support its’ schools. By maintaining and increasing the save harmless provisions, the state underwrites the local share of these districts. Contract for Excellence districts receive 45% to 80% of adequate funding in 2007/08 while $221,734,468 is added to the save harmless districts who have already attained their 2010/11 state funding levels.

 As we move closer to adequacy in education, we encourage Foundation Aid that is sustainable in the long-term and will provide adequate funding for the neediest of our children. If we can sustain the implementation of funding without the removal of save-harmless floors and minimum funding streams, then the current course is inequitable but feasible. If, however, our legislators choose to cut off funding of Foundation Aid in the midst of implementation,  then the continuation of funding to low needs districts through the use of state sharing ratios and minimum floors would be inexcusable and contradictory to adequate funding.

 What changes could make a more equitable distribution?

 

  1. Eliminate the .65 floor for high needs districts
  2. Eliminate the 90% Maximum on the state share for high needs districts
  3. Eliminate the $500 minimum funding for low need districts
  4. Eliminate minimum increases in funding until all districts are at 2010/11 funding levels.
  5. Eliminate minimum increases on all districts receiving Foundation Aid under save harmless provisions
  6. Base High Tax Aid on expected local contribution, not tax levy
  7. High Tax Aid should consider the income of the non-resident owners
  8. Eliminate High Tax Aid and use the wealth factors in the formula to determine the required tax effort.

 Where to, from here?

It is imperative to the economic health of the State that the funding of Foundation Aid continue its course and that the adequacy in education funding be achieved. Our individual responsibility lies in the effective communication of our support for a sustainable, equitable and transparent formula for success.

 

 

S.6421/A.9402
SIGNED BY
GOVERNOR
MARCH 4th

 

 

 

 

 

 

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 S 6421-A  LIBOUS                 Same as A 9402-A  Perry 

ON FILE: 01/11/08 Vehicle and Traffic Law

TITLE....Relates to occupants of school buses between four and seven years of age

03/04/08          SIGNED CHAP.20

 

 

 

 

A9402-A Perry    Same as S 6421-A  LIBOUS 

Vehicle and Traffic Law

TITLE....Relates to occupants of school buses between four and seven years of age

 

 03/04/08

SIGNED CHAP.20

 

 


LIBOUS
Amd S1229-c, V & T L
Relates to occupants of school buses between four and seven years of age.


 
                STATE OF NEW YORK
        ___________________________________________________________
 
                                         6421--A
 
                               2007-2008 Regular Sessions
 
                    IN SENATE
 
                                      July 13, 2007
                                       ___________
 
        Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the Committee on Transportation in accordance with Senate Rule 6, sec.
          8  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the vehicle and traffic law, in relation to occupants of
          school buses between four and seven years of age
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 13 of section 1229-c of the vehicle and traffic
     2  law,  as added by chapter 241 of the laws of 2007, is amended to read as
     3  follows:
     4    13.  Notwithstanding  the  provisions  of  subdivision  four  of  this
     5  section,  no  person  shall  operate a school bus for which there are no
     6  applicable federal school bus safety standards unless all occupants  are
     7  restrained  by  a safety belt approved by the commissioner or, regarding
     8  occupants age four or older but under age seven, are restrained pursuant
     9  to subdivision one or two of this section.
    10    § 2. This act shall take effect on the same date as chapter 241 of the
    11  laws of 2007 took effect.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07894-06-8

NEW YORK STATE SENATE
INTRODUCER'S MEMORANDUM IN SUPPORT
submitted in accordance with Senate Rule VI. Sec 1

 
BILL NUMBER: S6421A
 
SPONSOR: LIBOUS              

 
TITLE OF BILL:
An act to amend the vehicle and traffic law, in relation to occupants of school 
buses between four and seven years of age
 
PURPOSE:
This is a chapter amendment to clarify the intent of Chapter 241 of 2007 to 
ensure that child safety restraint systems are permitted to be used in place 
of seat belts on buses with a capacity of less than 10 for students between 
four years old and seven years old.
 
SUMMARY OF PROVISIONS:
This bill simply clarifies that children between the ages of four and seven may
be restrained within approved child seats.
 
JUSTIFICATION:
This chapter amendment will correct a technical issue that could have been 
interpreted to exclude the use of car seats on these small buses.
 
LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
 
 
EFFECTIVE DATE:
This act shall take effect on the same date as chapter 241 of the laws
of 2007 took effect.

 

 

 

UPCOMING
EVENTS

 

 

 

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

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

 

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