Showing posts with label David Sciarra. Show all posts
Showing posts with label David Sciarra. Show all posts

Friday, May 11, 2018

ELC Demand for More Abbott Construction Debt Can Only Cut K-12 Operating Aid


David Sciarra of the Education Law Center has renewed his crusade to get the State of New Jersey to "promptly" borrow billions in order to pay for 100% of the costs of construction projects in the Abbott districts.

May 10, 2018 
All $2.9 billion in bond financing for school construction projects approved by the New Jersey Legislature in 2008 is now spent or committed, and lawmakers must promptly approve a new round of funding for urgently needed projects across the state.
Education Law Center Executive Director David Sciarra issued the call to action to replenish funds for school construction in testimony to the Legislature�s Joint Committee on the Public Schools on May 8.
The school construction program, which provides significant support to rebuild and upgrade New Jersey�s aging facilities infrastructure, was launched in 2002 to comply with rulings in the landmark Abbott v. Burke case ordering the state to fully finance needed improvements to dilapidated, overcrowded and unsafe school buildings in the state�s 31 urban districts, called �SDA districts.�
In establishing the Abbott school construction program, the Legislature included grants for projects in non-SDA districts � called �regular operating districts� (ROD) � and county vocational schools. The program is administered jointly by the NJ Department of Education (DOE), which reviews district-wide plans and project proposals, and the Schools Development Authority (SDA). The SDA issues bonds and finances projects and is also responsible for facilities construction in the SDA districts.
ELC�s testimony highlighted the following:

  • The SDA has $1.7 billion in outstanding bond financing available for SDA districts, but virtually all of the funding is allocated to current projects in the pipeline to be completed over the next few years. 
  • In a review of the SDA districts� most recent long range facilities plans, the DOE identified the need for 381 major school construction projects � including renovations of 200 existing schools and construction of 102 new schools. 
  • The SDA has extremely limited funds remaining for emergent repairs and capital maintenance projects in the SDA districts. 

The funding for regular operating district grants and county vocational school facilities has been completely exhausted.

Although even Sciarra does not say how much money he wants New Jersey to borrow, if Sciarra's demand were to be heeded, it would increase New Jersey's already billion-dollar annual debt servicing costs and diminish K-12 operating aid and money for TPAF.

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It's a little commented on fact, but New Jersey's debt servicing costs for SDA construction have grown from $15 million per year in FY2002 to a projected $1.067 billion for FY2019.

Source, NJ Treasury, Budgets In Brief
"Note, FY 2012 Appropriation was reduced because $367.6 million in debt service costs were appropriated from funds in the FY 2011 budget." This chart smooths out this movement.

During Christie's tenure alone, debt servicing costs increased from $403 million in the last Corzine budget to $918 million, a $515 million increase that was more than double the $200 million increase in K-12 operating aid that occurred during Christie's administration.

Since the money for construction debt also comes from income taxes, it was partly the sharp increase in construction debt servicing that prevented Christie from better funding pensions and K-12 operating aid.

Mea Culpa
"Given Out" would be more accurate as "bonded for."
Sciarra provided no specific cost estimate for his construction demands, but doing even doing a fraction of the construction that Sciarra calls would be extremely costly and increase construction debt servicing costs.

I cannot estimate the costs of the construction Sciarra wants, but school construction anywhere in NJ is very costly.

The cost of Phillipsburg's new high school was $127.5 million and the cost of some new elementary schools in Jersey City, Pemberton, and other Abbotts has been in the $50-$60 million range.  Thus, the new construction alone would cost in the high ten-figures, before one even considers repairs.

In the two previous rounds of construction bonding in 2000 and 2008, 30% of the total money was reserved for non-Abbotts and vo-techs. Were the legislature to give money to non-Abbotts again, the costs would be higher.

New Jersey Needs a Unitary Funding Law for Construction Aid

Aside from the caution NJ must exercise in taking on more debt when we are always ranked as the one of the country's most indebted states, what is troubling about Sciarra's demand is that the Abbott districts are not, as a class, NJ's poorest districts.  

Hoboken is, by far, NJ's richest K-12 district in tax base per student, with over twice the tax base per student of Millburn.  Long Branch, Jersey City, and Neptune Township have average tax bases per student, so it is unfair that they would get the state pay for 100% of their construction costs.  Asbury Park, Harrison, Jersey City also have substantial sections of their tax base "hidden" behind PILOT deals.

True, most of the Abbotts remain poor.  Of New Jersey's 10 poorest districts for 2018-19 in Local Fair Share per student, nine are Abbotts.  Of the 50 poorest districts in Local Fair Share per student, 23 are Abbotts.

Under any appropriate construction financing law, low-income Abbotts would have the state pay for the large majority of construction costs, but is 100% state funding appropriate? Especially when the state aid targets for operating aid for the Abbott districts are so high?  Shouldn't all districts at least have some skin in the game?  

And even if 23 of the 50 poorest districts in New Jersey are Abbotts, what about the 27 non-Abbotts in the lowest-tax base fifty?  Is it right that Freehold Boro should have to put up with extreme crowdedness for years to get permission to override its voters on local construction bonding, because they had no hope that the state would contribute?  (eventually the state agreed to contribute 85%) 

And how is it appropriate to target precious state construction aid at the Abbotts when not all Abbotts have had enrollment growth?  Since 2009-10, Asbury Park, Keansburg, Neptune Twp, Burlington City, East Orange, Salem City, Pemberton Twp, Pleasantville, and Millville have lost residential enrollment.  Several other Abbotts, like Paterson, Jersey City, Newark, and Camden have lost enrollment in the traditional public school, with the growth in residential enrollment coming in the charter sector that does not benefit from SDA funding.

It is because of the shift of student to charter schools that brand-new, $54 million PS 26 in Jersey City opened at only half of its capacity in 2017.

Getting reform of Adjustment Aid has been difficult enough, but if we reformers are fortunate enough to win the battle over Adjustment Aid, we can set our sights on getting fairness in school construction aid too.  

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See Also:




Thursday, April 5, 2018

New State Aid Should Be Based on State Aid Deficits, Not Adequacy Deficits


For years, the Education Law Center has asserted that the central point of state aid in New
David Sciarra of the
Education Law Center/NJEA:
If an underaided district pays high taxes and is
above Adequacy, give it no additional state aid.

If an overaided district pays low taxes and is
below Adequacy, let it keep its aid hoard.
Jersey should be bringing school district spending up to Adequacy and maintaining it there, regardless of whether or not a district is willing to tax itself to sustain spending at Adequacy.

Thus, the Education Law Center makes pronouncements like this:
"In debating state school aid in the upcoming budget, Governor Murphy and lawmakers must recognize that �adequate� funding lies at the heart of the SFRA. The centerpiece of the formula is each district�s �Adequacy Budget,� based on the cost of educating all students and the additional cost of programs for disadvantaged students � low-income (at-risk) students, limited English proficient pupils, and students with disabilities."
This dogma that Adequacy spending is all that matters is the basis of the Education Law Center's defenses of Adjustment Aid even forJersey City, whose taxes are at only 30% of  Local Fair Share and whose $175 million in Adjustment Aid for 2018-19 deprives other districts of state aid they desperately need.

At times the Education Law Center says that SFRA's own prescriptions of aid for above-Adequacy districts should be ignored and new aid should go exclusively to districts who are below Adequacy.

For instance, this recent Philadelphia Inquirer story on state aid discontent has an example:

David Sciarra, executive director of the Education Law Center, which argued the Abbott v. Burke cases that laid the groundwork for the state�s school-funding formula, said districts like Chesterfield have �valid complaints� about their state aid. The problem is the state�s chronic underfunding of schools, he said: �It�s not like [Murphy]�s targeting these districts somehow for particular treatment.� 
If lawmakers add money to Murphy�s budget, Sciarra said, they should direct it to districts that are spending less than their �adequacy� budgets � the formula�s calculation of what each district must spend to give its students a �thorough and efficient� education. [my emphasis]

Yes, Adequacy is a Goal, but Tax Equity Matters Too

There is a lot of overlap between giving new state aid to under-Adequacy districts and underaided districts, since the most severely underaided districts are usually (but not always) severely under Adequacy, but the rankings of most underaided and most under Adequacy are not the same since spending relative to Adequacy depends on local tax effort and not only state aid.


20 Largest State Aid Deficits, 2017-1820 Largest Adequacy Deficits, 2017-18
Bayonne -$5,150Cliffside Park -$4,520
Woodlynne -$5,239Belleville -$4,521
North Plainfield-$5,338South River -$4,525
Lodi -$5,411Paterson-$3,342
Ridgefield Park Twp-$5,431Carteret Boro-$4,074
Elmwood Park-$5,578Hammonton -$3,653
Kearny -$5,634Bridgeton City-$3,537
Haledon -$5,676New Brunswick -$4,525
Prospect Park -$5,902Fairfield Twp-$4,589
Manville Boro-$6,110North Bergen Twp-$6,757
Guttenberg-$6,285Red Bank Boro-$5,761
Lindenwold-$6,331Plainfield-$5,844
Hi Nella-$6,481Union City-$5,936
Dover Town-$6,565Prospect Park-$5,993
East Newark-$6,960Bayonne City-$6,484
Manchester Reg-$7,015West New York-$6,757
Fairview Boro-$7,361Fairview Boro-$7,167
Freehold Boro-$7,675Dover Town-$7,897
Atlantic City -$8,184East Newark-$8,011
Bound Brook-$9,301Guttenberg-$8,152

Please notice than Manchester Regional is not among the bottom twenty for its Adequacy deficit. In fact, Manchester Regional is ABOVE Adequacy.

Source for all data, Dr. Ken Greene's Fairness Index, 2017-18.  I used Ken Greene's table because he got more data on Adequacy and "Spending as Defined" than I did.

There are really four types of underaided districts:
  1. Low-taxing, under-Adequacy: Underaided districts whose taxes are below Local Fair Share and who are below Adequacy:  (there are 78 districts in these categories)
  2. High-taxing, under-Adequacy: Underaided districts whose taxes are above Local Fair Share and who are still below Adequacy.  (there are also 78 districts in these categories)
  3. High-taxing, over-Adequacy:  Underaided districts whose taxes are above Local Fair Share and who are above Adequacy.  (there are 91 districts in these categories)
  4. Low-taxing, over-Adequacy: Underaided districts whose taxes are below Local Fair Share, but whose tax bases are so strong that that is enough to lift spending above Adequacy.  (there 123 districts are in these categories)
It's defensible to deny additional state aid to underaided districts in Type 4, ie,  who are above Adequacy but who have taxes below Local Fair Share, because they are affluent towns like Princeton (58% of Local Fair Share) and Millburn (48% of LFS) or property-rich towns like Secaucus (68% of LFS) or Paramus (78%).  Spring Lake Boro actually only pays 18% of Local Fair Share and its school is at 212% of Adequacy!
Spring Lake, New Jersey is underaided by -$96,884
but getting Spring Lake to 100% of its state aid is
should not be a priority.


If these high-tax base districts were denied additional state aid, it would save New Jersey $116 million in obligation based on the 2017-18 deficits.


HOWEVER, David Sciarra's dogma that only under-Adequacy districts gain new state aid would disqualify many middle-income, even lower-income towns from receiving more state aid whose taxes are above Local Fair Share and whose taxpayers are paying undue burdens.



All of the following underaided districts are actually above Adequacy, despite being underaided.


DistrictTaxes as a Percentage of LFSPercentage of State Aid ReceivedSpending Above AdequacyDistrictTaxes as a Percentage of LFSPercentage of State Aid ReceivedSpending Above Adequacy
Wayne Twp106%49%132%Kenilworth Boro120%82%112%
Parsippany-Troy Hills Twp113%56%125%Lenape Valley Regional130%94%121%
West Orange Town135%34%119%Black Horse Pike Reg113%93%104%
Cherry Hill Twp121%49%112%Union Twp105%92%144%
East Brunswick Twp117%82%115%Green Brook Twp101%53%113%
Northern Valley Reg118%53%153%Ewing Twp122%52%104%
Ramsey Boro107%53%147%Mansfield Twp116%77%128%
Freehold Twp116%92%132%Gateway Reg145%82%113%
Morris Hills Reg136%92%134%Green Twp121%98%121%
Pascack Valley Reg122%51%150%Northvale Boro127%50%127%
Rockaway Twp124%86%136%Harmony Twp107%81%141%
Fair Lawn Boro123%38%115%Willingboro Twp107%96%103%
Mount Olive Twp133%67%116%Franklin Twp107%86%145%
Westwood Reg102%58%125%Haddon Twp106%96%106%
Park Ridge Boro108%52%157%High Bridge Boro136%93%126%
Oakland Boro131%48%144%Milltown Boro113%60%110%
Scotch Plains-Fanwood Reg101%52%110%Berlin Twp117%98%111%
Glen Rock Boro108%49%122%South Hackensack Twp111%57%124%
Greater Egg Harbor Reg123%98%113%Mount Holly Twp126%93%107%
Waldwick Boro133%45%129%Galloway Twp113%82%102%
Midland Park Boro116%69%146%Highland Park Boro117%53%104%
River Dell Regional126%45%125%Hawthorne Boro111%39%103%
River Vale Twp107%45%138%Glassboro106%95%103%
Dumont Boro120%93%116%Boonton Town114%45%106%
Linden City146%47%105%Hasbrouck Heights Boro115%31%104%
South Orange-Maplewood105%54%105%Clinton Town125%45%120%
Cinnaminson Twp116%92%114%Bogota Boro133%64%104%
Red Bank Reg120%78%129%Winfield Twp170%98%127%
Saddle Brook Twp107%61%119%Barrington Boro117%77%106%
Matawan-Aberdeen Reg111%83%108%Oxford Twp132%86%112%
Franklin Twp103%71%103%Rocky Hill (Montgomery Twp)102%75%137%
Hillsdale Boro117%72%128%Mount Ephraim Boro119%86%105%
Carlstadt-East Rutherford106%55%151%Farmingdale Boro127%94%117%
Rutherford Boro101%93%112%Ocean Gate Boro127%98%116%
Pompton Lakes Boro135%57%115%National Park Boro142%87%109%
New Milford Boro114%58%112%Lopatcong Twp102%90%102%
Passaic Valley Reg117%51%116%Newton Town148%60%102%
Warren Hills Reg119%89%111%Manchester Reg213%54%101%
Emerson Boro111%47%119%Clementon Boro107%94%101%
Pennsville135%74%112%Northfield City102%94%101%
Butler Boro122%85%120%Somerdale Boro124%79%101%
Harrington Park Boro116%50%134%Branchville Boro (Frankford Twp)109%64%105%
South Plainfield Boro103%97%105%Newfield Boro129%67%101%
Metuchen Boro101%50%109%Magnolia Boro128%78%100%
Glen Ridge Boro101%45%110%

David Sciarra writes their needs off.  If homeowners in these towns groan under school tax rates over 2.0 but the districts are above Adequacy, Sciarra seems to oppose them getting new state aid.

Due to Brutal Taxes, Manchester Regional is (Barely) Above Adequacy:
Taken Literally, David Sciarra of the Education Law Center
Would Not Allow it to Gain Additional State Aid 

Calculating New State Aid on Adequacy Deficits Would Create Distortions and Injustice

David Sciarra hasn't called for new state aid to be calculated based on districts' deficits against Adequacy, but it's a logical corollary to his calls for no overaided/under-Adequacy district to lose aid (eg Jersey City) and that no underaided/over-Adequacy gain aid.

If new aid were calculated based on Adequacy deficits, it would create distortions by giving more state aid to undertaxers than to overtaxers, even if their state aid deficits are equal.

For instance, Newark (DFG A) is underaided by -$2,852 per student. Newark's school taxes are only 70% of Local Fair Share (-$52 million), so Newark's Adequacy deficit is larger than its state aid deficit, or -$3,653 per student.

Paulsboro (DFG A) is underaided by -$3,186 per student, but Paulsboro taxes at 120% of Local Fair Share (+$949,477), so Paulsboro's Adequacy deficit is smaller than its state aid deficit, -$1,920 per student.

If state aid were determined based on a district's Adequacy deficit, Paulsboro would be punished for paying higher taxes.

There is a tendency of Abbott districts to pay significantly less than their Local Fair Shares.  In 2017-18 the median Abbott only paid 58% of Local Fair Share, whereas the median district in New Jersey paid 96% of Local Fair Share.

So a proposal to calculate state aid based on spending relative to Adequacy (which Sciarra hasn't explicitly made) would produce large skews in state aid towards the  Abbotts.



State Aid is State Aid:  The State's Duty Should be to Treat All Districts Equally, According to Need and Local Tax Capacity

My core belief is that state aid equality is an end in and of itself, so all districts need to be treated equally by the state, regardless of what their own taxpayers want to do.

If the Boards of Education of certain districts want to have lower taxes and do not want their schools to have the same resources as schools do in other districts, then it is not the state's obligation to make up funding gaps that exist due to the taxpayer's own reluctance to pay their local fair share.

If a Board of Education is extremely anti-tax, like Jersey City's is, then the Department of Education should have the power to compel a tax levy increase, like the Department of the Treasury compelled Jersey City to finally conduct a reval in 2017.

It's one thing to deny more state aid to wealthy suburbs who are technically underaided but whose tax rates are relatively low, but it is savagely indifferent to struggling taxpayers to deny relief to underaided towns who happen to be above Adequacy only because of high local tax effort.

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See Also:
Manchester Regional,