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

 

 

NYSASCSD NEWSLETTER


May 2008 Vol. XXII, No. 5

 

CONFERENCE COUNTDOWN  ---
Testimony before the Suozzi Commission ---
UPDATE: CENTER FOR SCHOOL IMPROVEMENT PLANNING  ---
LEGAL OPINION  ---
UPCOMING EVENTS ---

 N

CONFERENCE COUNTDOWN

 

PATHWAYS TO EXCELLENCE II: LEADERSHIP

 

 

THE OTESAGA
HOTEL

COOPERSTOWN

JUNE 1-2, 2008

The Association has scheduled its 22nd annual conference this year for June 1st-2nd at the Otesaga Hotel in Cooperstown. The theme is Pathways to Excellence II – Leadership. The program has come together nicely and an abbreviated schedule is posted below. Our speakers this year will explore the important relationship between the board of education and the superintendent, also addressed will be the district’s relationship with its community.

Since the theme this year is universal in nature, the planning committee has decided to open the conference up to non-small city school districts this year. Please feel free to extend our invitation to your surrounding districts. We are happy to share our program with those districts you feel would benefit. You can find conference registration materials on the Association website (http://scsd.neric.org) for your use. Please note, the hotel has extended its registration deadline and rates still apply.

We look forward to an entertaining and informative conference and would be happy if you would attend. 

SUNDAY, JUNE 1ST

5:30 pm–6:15 pm - Reception  - SPONSORED BY THE THOMAS GROUP - Veranda

6:15 pm – 8:15 pm - Dinner - SPONSORED BY ACT, INC. - Fenimore Room
Speaker - Jamie Vollmer
WELCOME TO THE GREAT CONVERSATION: INCREASING COMMUNITY SUPPORT FOR AMERICA’S PUBLIC SCHOOLS
 

MONDAY, JUNE 2ND

7:30 am – 9:00 am - Conference Registration- Hotel Lobby

9:15 am – 10:45 am - Seminar - Kingfisher Tower Room
Developing a Board-Superintendent Governance Team in Support of High Student Achievement.
Dr. Peggy Wozniak, Superintendent Binghamton CSD

11:00 am – 12:30 pm – Seminar - Kingfisher Tower Room

Context and Character: The Link Between School and Community, The Need to Build Relational Trust and The Challenge to Establish Moral Purpose
Dr. Stephen Uebbing,  Professor The Warner School of Education, University of Rochester

12:45 pm – 2:00 pm - Lunch - Fenimore Room
How to Build a Student for the 21st Century: the story of Tech Valley High School
Speaker - Dan Liebert, Principal and Chief Academic Officer, Tech Valley High School, Troy NY

 

 back to top

April 23, 2008
SCSD
Testimony
before
the Suozzi
Commission

 

Robert Biggerstaff, Association Executive Director and General Counsel, testified before the Suozzi Commission on Real Property Tax April 23rd in Albany. After giving the Commission a brief overview of the characteristics and challenges facing New York’s small city school districts, Bob recommended the following:

Instead of asking generally if property taxes are too high, the Commission should consider what measurements they use to make their comparison.

Cities and other urbanized regions commonly experience much higher levels of taxation than do suburban and rural areas. The greater level of public services provided in urban areas contributes to what is known as municipal overburden. It is meaningless therefore to compare New York to states which are more rural or suburban in character.

 

Bob pointed out that it is important to look at how property taxes are measured and asked the Commission to consider;

…whether property taxes are too high when measured as a percentage of full value or when measured against income. This is an important distinction, particularly in those regions of the state where very large segments of the tax base are owned by wealthy non-resident taxpayers

 

He went on to ask the Commission to consider using the Need/Resource Code system, developed by the Department of Education in order to gauge the degree of student need and the availability of local resources to meet these needs, as a way to see the whole picture.

Bob informed the Commission that not all property taxes are too high and asked them to consider the following:

Eighty three percent of the 105 low need school districts in the state are clustered on Long Island … and the lower Hudson... They have the lowest school tax rates in the state by far and also the highest incomes in the state by far.  Even when the income/student is adjusted downward for regional costs, the lower Hudson … and NYC/Long-Island… are about double the average district across the state... 
 

The high need districts in these same regions by contrast, pay much higher tax rates from much lower incomes...  There are nine high need districts on Long Island.  Their average tax rate [is] almost double the … rate of the low need districts.  Yet the income level in the high need districts is about one-third that of the low need districts... 

Bob cautioned the Commission that any tax cap plan that is not “carefully crafted only perpetuates the gross and glaring inequities that have kept this state in court for decades.” He reiterated that “high school taxes are not uniformly high,” and that the true problem with property taxes in New York State is not that they are too high, but they are, “too high in the wrong places for the wrong people.”

The Association has a long history of addressing the problems of rising education costs and the unbalanced tax burden small cities bear in providing a “sound basic education”.  Bob proposed a number of solutions to the Commission that would alleviate the overburdening of these districts’ taxpayers.

a) Strengthen the targeting of State education aid increases to districts with the highest student need and lowest wealth. The failure to do this has been the most powerful driver of high school tax rates in low wealth/high need districts.

b) Enact a local option allowing communities to covert to 50% reliance on income tax for support of schools. We believe that it is technically feasible to shift a portion of the current property tax levy to a surcharge on the computed state income tax for each school district, town or county.  This would provide some relief to businesses and low-income seniors.  It would increase the burden on higher income residents.  Some communities with substantial vacation property, reservoirs or power plants now export a large share of their local costs to out-of-town taxpayers.  Shifting some of this levy to a visible income-based school tax might make all residents more attentive to local costs.

c) Target High Tax Aid only to those districts and taxpayers who are truly overburdened.

d) Eliminate unfunded mandates.

e) Facilitate district or tax base consolidation to eliminate the stranding of districts with the weakest tax bases. Shifting a portion of the school levy to a county-wide tax base distributed over student enrollment would also bring relief where there are large disparities in property wealth. 

Please Note: The Association’s testimony in its entirety can be accessed from http://scsd.neric.org.

 

 back to top

UPDATE:
CENTER
FOR SCHOOL IMPROVEMENT PLANNING

 

At the beginning of 2008, The Center had completed work with three pilot districts. The Center prepared district benchmark reports for Binghamton CSD, Fulton CSD and Jamestown CSD then presented its findings to each Superintendent and key staff. Following this work, The Center offered districts the opportunity to purchase a paper copy of their district’s benchmark report along with the corresponding electronic files. As of this month, the Center has received seven orders for the personalized benchmark reports. Interestingly, two of those orders came from non-small city districts, Roslyn Union Free School District and Ballston Spa Central School District.

 

Charles Winters has expanded the report to include nine additional financial data graphs and a personalized assessment of the benchmark report’s findings, pointing out the significant areas of interest in a narrative and a list format.

 

The Center is considering updating the data with an eye to making this a regular offer to school districts.

 

Please feel free to contact Beth in our office if you are interested in obtaining a copy of your district’s benchmark report (beb@biggerstaff-firm.com, 518-475-9500).

 

 back to top

LEGAL
OPINION

The Association’s Board of Directors adopted a policy on November 27, 2006 for legal advisory services on matters of specific concern to an individual member district from Association counsel. The latest request for a legal opinion came from Salamanca CSD and a portion of the response is below. The response in its entirety, including the applicable law, can be seen at the Association website under Legal Opinions.

Date: May 1, 2008
Re: Validity of Nominating Petitions 

Question: You have asked about the validity of certain nominating petitions delivered to your office on April 30, 2008 for two candidates for the Salamanca CSD Board of Education twenty days prior to the election. You have stated that the petitions appear to provide the proper information and signatures except that the blank petitions were not obtained from your office prior to the signatures being obtained as is usually done. 

Conclusion: It appears that there is no requirement in State law that candidates for positions on a board of education first obtain a blank petition from the District Clerk before obtaining the necessary signatures, notwithstanding any district custom or policy to the contrary. As long the petitions provide the necessary signatures and information required by statute, they should not be rejected. We have reviewed Education Law §§2608 and 2121 regarding nominating petitions in small city school districts and district clerk duties. See sections attached. We have also searched for any applicable cases and State regulations pertaining to this question and found none. Moreover, where any ambiguity in procedure exists, the Courts lean in favor of candidates and do not tend to disqualify them on the basis of minor technical errors.

 

 back to top

UPCOMING EVENTS

June 1, 2008
Board of Directors Meeting (open to all members)
4:15 pm
The Otesaga Hotel Cooperstown

June 1-2, 2008
Annual Conference Pathways to Excellence II: Leadership
The Otesaga Hotel Cooperstown 

October 19, 2008
Annual Breakfast in conjunction with NYSSBA convention
Location TBA

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