Senate Deletes Fair School Funding Plan. FY22-23 Ohio Budget Moves to Conference Committee

The Ohio Senate Finance Committee passed its version of the state’s FY 2022-2023 state budget late Tuesday.  On Wednesday the bill moved to the Senate floor where it passed by a vote of 25 to 8, along party lines. Debate will now move to a House-Senate conference committee.

This blog will take a one week early summer break.  Look for a new post on Monday, June 21st.

Gongwer summarizes this week’s Senate’s action: “The Senate Finance Committee voted along party lines Tuesday afternoon to report the two-year spending outline (HB110) after accepting a multi-pronged omnibus amendment… The widely supported House-passed K-12 funding overhaul ditched by the Senate will be a top matter of discussion between the GOP-led chambers….  Before the vote, the committee’s Democrats offered several amendments, including proposals to…  reinstate the House’s school funding plan….”

In a powerful editorial on Wednesday (linked here to a pdf version because the editorial is paywalled), the Cleveland Plain Dealer castigated the Senate’s deletion of the House’s Fair School Funding Plan.  The House plan—now pushed aside—was designed over a period of three years by an expert Ohio House-appointed committee to restore adequate, cost-based state school funding and to remedy what has become the widespread  over-reliance by school districts on local property tax levies to fund even the most basic services.

The Plain Dealer explains: “The Senate version would fail to enact the bi-partisan, educator-backed Fair School Funding Plan first proposed by Rep. Robert Cupp, a Lima Republican, now the House’s speaker, and former Rep. John Patterson, a Jefferson Democrat. The Cupp-Patterson plan would assure school funding equity. The Senate counteroffer doesn’t.  It postpones a nearly inevitable day of reckoning when another school funding lawsuit, like the DeRolph case decided in 1997, determines legislators aren’t doing right by public school pupils. The Senate says it’s just being frugal but the numbers belie that.  Its proposal would add to inequities in school funding while perpetuating divisions over something that should unite Ohioans of all political stripes—the need to invest in our children.”

The Plain Dealer‘s editors add that another problem in the Senate plan is the expansion of school vouchers: “The Ohio House version of the budget, which includes the Cupp-Patterson innovations, passed on a strikingly bipartisan 70-27 House vote. Tellingly… the Senate plan is not likely to achieve the same broad political backing, largely because it discards the balance the House achieved. The Senate plan, for instance, vastly expands eligibility for tax-funded school vouchers.  Vouchers help parents pay for private schools. But the Ohio Constitution, which legislators swear to uphold, requires the General Assembly to ‘secure a thorough and efficient system of common schools throughout the state.’  That is, public schools are the legislature’s first responsibility. Committee testimony by backers of the House’s approach pointed out that the Senate plan raises the ceiling on EdChoice voucher awards for pupils from kindergarten to 8th grade to $5,500 (from the current $4,650) and for pupils in grades 9-12 to $7,500 (from the $6,000 current ceiling).  Legislative analysts estimate the higher ceilings will cost the state $163.5 million over two years.”

The Ohio House’s Fair School Funding Plan was designed to address Ohio’s long-standing and growing school funding inequity. The Fair School Funding Plan would fulfill the very definition by Rutgers University school finance expert Bruce Baker of what a school funding formula should be. “School funding is largely in the hands of states, and the primary job of states’ finance systems should be to account for differences between their districts in the cost of providing that minimal level of educational quality, and then to distribute funds in a manner that compensates for the fact that some districts have less ability than others to pay these costs (e.g. via property taxes).  For instance, districts serving large proportions of high-needs students will tend to have higher costs; if those districts lack the local capacity to pay those costs, state revenue needs to fill the gaps.”

In May 6, 2021 testimony to the Senate Education Committee, Ohio education funding expert, Howard Fleeter describes how the framers of the Cupp-Patterson Fair School Funding Plan designed the plan to address what has been alarming and  long-standing inequity in Ohio school finance:  “Funding for economically disadvantaged students in particular has lagged well behind the growth in the number of such students over the past 20 years (funding has increased 22% while the number of (these) students has increased 61% since FY01)… Studies in other states have indicated that the additional costs of educating low-income students are typically 30% or more… Targeted Assistance and Capacity Aid should be retained as is the case in the HB110 funding formula (the Fair School Funding Plan).  These two formula components supplement formula funding by providing additional funds to low wealth districts that lack the tax base to pursue local educational initiatives in the same manner that wealthier districts can through local levies.”

The Plain Dealer‘s editors additionally question the Senate’s inclusion of a 5% income tax cut in its new budget: “Then there are the Senate’s expanded tax cuts, which could run afoul of requirements in federal COVID-19 stimulus aid not to use the money as an offset for tax cuts. The Senate proposes to expand a 2% House-proposed income tax cut to 5% by the second year, resulting in an estimated $874 million state revenue loss over the next two years… Spending $874 million on schools would be an investment. Dribbling it away on individually puny tax cuts is a stunt. A reckless stunt, given that it could imperil needed COVID relief dollars.  And an irresponsible stunt, in light of the pressing state spending needs made apparent during the pandemic….” “(F)or an Ohioan with an annual income from $41,000 to $64,000, the Senate plan would save an average of $22 a year (43 cents a week).”

Policy Matter’s Ohio’s Wendy Patton amplifies these facts in testimony she presented to the Senate Finance Committee to document who would benefit from the Senate’s proposed 5% tax cut: “Nearly half of the tax reduction would go to those in the top 5%, who are paid more than $221,000 a year. The top 1% percent, who have income of at least $526,000, would average a cut of $1,712 and receive a quarter of the tax reductions. The tax reductions in the Senate bill come on top of huge tax cuts the richest Ohioans have received over the past 16 years. While lower-and middle-income Ohioans on average saw little change or paid more in state and local taxes, the top 1% received more than $40,000 a year in tax cuts.”

The next Ohio budget will be negotiated in a House-Senate conference committee which must create a compromise before July 1. The Plain Dealer‘s editorial board  describes what needs to happen in the next two weeks: “Conferees’ priority should be writing a budget that shelves dubious tax cuts and fairly funds public schools—which, as it now stands, the Senate’s proposal doesn’t do.”

This blog has posted here on the Ohio House’s Cupp-Patterson Fair School Funding Plan.

This blog has posted here and here on the Ohio Senate’s plan which is less adequate and less equitable.

Ohio Legislature Heats Up Controversy by Making New Public School Funding Plan and Method of Funding School Vouchers All Part of the Budget

This week in my school district in Cleveland Heights-University Heights, Ohio, parents and public school supporters are going through a quiet ritual. People have been scrambling to write and submit legislative testimony. Some people are submitting written testimony; others are driving two and a half hours to Columbus, sitting in the hearing room and driving home in the dark. The Ohio Senate Primary and Secondary Education Committee is holding hearings on the state’s next biennial budget and considering a new—desperately needed—school funding plan that has now been folded into the budget bill, which must be passed by June 30.

What is happening is a big deal.  Last fall, a new $2 billion school funding plan was passed by the Ohio House by a vote of 87-9, but the Ohio Senate let the bill die at the end of the session. Now that plan has been folded into the state budget. The House has already passed the budget—including the Fair School Funding Plan—but the Senate is just now holding hearings. If you read some of the testimony being submitted, you might imagine what’s going on in Ohio would get coverage in the state’s big newspapers, but most of them have been bought out by Gannett-Gatehouse Media or Advance Media, companies that have reduced the number of reporters.  Right now not enough people are paying attention to a debate about whether the Legislature will repair the services our state is currently failing to provide for 1.6 million students in Ohio’s 610 public school districts at the same time the state continues to expand school vouchers at public schools’ expense.

I am going to share some of my own testimony and the testimony from others who are members of the Heights Coalition for Public Education. You can find copies of each of these documents in the Ohio Senate Education Committee’s document archive for May 4, 5, and 6.  I will date each reference.

My own testimony (May 6) summarizes the issues at stake in this particular Ohio budget debate, which also includes a fight about the new state school funding plan. I name three principles embodied by the new school funding plan we hope the Senate will fold into the state budget: “The Fair School Funding Plan… enhances equity, increases the state’s investment in the under-resourced public schools which serve concentrations of our state’s poorest children, and ends school district deduction funding for charter schools and EdChoice vouchers for private school tuition.”

On the need for more equitable school funding, I quote Howard Fleeter, our state’s school finance expert, who documents that “poverty funding has actually decreased by 13% from FY09 to FY18” while “the rate of increase in the number of low income students has been nearly 3 times as great as the rate of increase in state funding for these students.”

On the subject of adequate school funding, I quote Policy Matters Ohio’s Wendy Patton, who has demonstrated that, “By 2020, the state share of school funding had fallen to its lowest point since 1985,” and Howard Fleeter who reminds us: “The FY10-11 school year was the last year in which Ohio had a school funding formula… which was based on objective methodologies for determining the cost of providing an adequate education to Ohio’s 1.6 million public school students.”

And on the subject of the catastrophe of Ohio’s “school district deduction” funding for EdChoice vouchers, I describe data from Scott Gainer, the Treasurer of the Cleveland Heights-University Heights school district. In Ohio, the state counts voucher students as though they attend the public schools and then sends the voucher amount—$4,650 for younger students and $6,000 for high school students—to the private school.  In my school district and many others, the voucher amount is far more than the district receives from the state in basic aid for that student. The result: In my school district between 2017 and today, the District’s loss to vouchers has grown from $2,256,017 to $9,017,250. The district is losing 45 percent of the district’s state basic aid school funding even though 1,699 of our district’s 1,792 voucher students—roughly 95% have never been enrolled in our public schools.

The burden of EdChoice vouchers falls unevenly from school district to school district, and to add to the inequity imposed by “school district deduction” funding for the vouchers, last November the Legislature restructured this program to prescribe that from now on, only children living in the attendance zone of a federally designated Title I school can qualify for an EdChoice voucher. This change places the financial burden of the vouchers only on the school districts serving concentrations of Ohio’s poorest children.

I conclude my testimony: While “the Ohio Constitution does not provide for the diversion of tax dollars to privately operated charter schools or to private school tuition vouchers, the framers of the Ohio Constitution understood public education as a guarantee to each of our children of the right to a school that protects their rights by law and serves their particular needs. Twenty-four years ago, the Ohio Supreme Court upheld the Constitution’s promise of adequate public school funding , equitably distributed…. By ensuring that the Fair School Funding Plan remains intact in the budget, you will… realize the twenty-four year DeRolph promise.”

As a senior citizen whose children graduated from high school twenty years ago, I can lay out the reasons the Legislature needs to repair our state’s long-broken school finance system, but others from our district who are current parents and teachers also presented testimony to the legislature this week. They describe what they have watched in recent years as our state’s school funding system has collapsed.

Krissy Dietrich, who chaired two school levy campaigns in 2020 in an effort to keep our school district afloat, told the Senate Education Committee: “I’ve been volunteering to pass CH-UH school levies and bond issues for nearly 15 years, working on my first campaign when my eldest son was still in preschool. Most recently, I chaired back-to-back levies in 2020, one in the Primary Election that lost by 700 votes and one in the General that won by less than half of one percent of the votes cast. Our committee raised nearly $120,000 to run these two campaigns. We spent countless hours working to convince voters; we engaged many hundreds of volunteers over a period of 11 months…. (W)e are forced to engage in a brutal and expensive public battle every few years just to secure the most basic funding necessary to educate our community’s children. We are forced to do this by a funding system that is inherently broken. It is unconstitutional, unsustainable, and unfair.” (May 6)

Joan Spoerl, the parent of a junior at Cleveland Heights High School, explains: “When I listened to testimony relating to state education policies last February, I was struck by the oft-repeated themes from public school supporters from every kind of community in Ohio—small, medium, large, rural and urban. Rural community members described their public schools as the heart or center of their community. Many voiced pride about how their public schools welcome and serve all who need them, turn away no one, weaving together all kinds of children and families, forming a beautiful tapestry of community. But I also learned that my community isn’t unique in finding its beautiful fabric too often weakened or rent by the state’s current funding model and other education policies. I heard about the divisions created in all kinds of communities, by the need for levy campaigns to simply keep up with inflation and the unfortunate consequences of budget cuts when those levies fail” (May 6)

Toni Thayer, parent of two current Heights High students describes her children’s losses at school due to recent budget cuts: “It is from the point of view of my children and their peers that I first want to appeal to you.  My children… love their schools and they love our community, for its rich commitment to diversity, education, and the arts. But they have watched over the course of their time in public school the effects of a broken school funding system that has only gotten worse as the charter school movement and the EdChoice voucher program have diverted public funds away from public schools. They have seen their class sizes increase and their curricular options decrease. They have said goodbye to beloved and highly qualified teachers who were downsized for budgetary reasons. Even more painful than all of that, they have watched as our community has been turned against itself over school funding. Our district relies heavily on residential property taxes for local school funding because, as a tightly packed inner-ring suburb, we have little commercial tax base. The heavy burden on homeowners and the need for frequent levies to make up for gaps in funding from the state have pushed us to the breaking point.” (May 5)

Ari Klein, a 33 year math teacher at Cleveland Heights High School, has watched how legislative decisions over the decades have hurt our school district: “My two children graduated from the Cleveland Heights-University Heights School District, where my wife, my parents, and I all went to school. I am retiring next month from my entire 33 year teaching career in this same school system. Throughout my career I have witnessed desperation for funding public schools that has gotten worse and worse. We have always taxed ourselves heavily in my community, but in the last 8-10 years the state has caused an exponential drain on local dollars by allowing the deduction method of funding community schools (Ohio’s name for charter schools), as well as private and parochial schools through vouchers. My district has been hard hit with losses not because you have labelled our schools as “failing” but because we have a diverse community that has a significant private and parochial school population. 93% of the families who use EdChoice vouchers have never attended and never planned to attend our public schools. We now lose more than half of our annual state foundation funding!… (L)ocal dollars must be used to subsidize… (voucher students) since our state aid is less than the money the state requires to be deducted from our school district… The results of these state policies for our community are enormous because with district enrollment at just over 5,000 we can’t afford to pay the price for an additional 2,200 students who use community (charter) schools and vouchers. Remember, over 90% of these students using vouchers have never set foot in our buildings.” (May 6)

Finally, Susan Kaeser, long a public school advocate and leader in the Heights Coalition for Public Education, defines the value of public education in her challenge to the members of the Ohio Senate: “Your decision about whether or not you choose to fund a high-quality system of public schools is a values choice. Are you committed to the equal value of every resident of our state? Do you support the Ohio Constitution and the operating principle that education is a civic resource not a consumer choice? When you use public funds for parallel systems operated with different rules, you weaken the public system and its civic benefits… This is a critical moment in Ohio’s history. After a relentless assault on the reputation of our system of public education, years of flat funding of the public schools and extravagant funding of nonpublic and often for-profit education providers, many districts are on the verge of financial collapse.” (May 4)

Strategic Advocacy Over Decades Brought Us an Expanded Child Tax Credit: Can the Same Kind of Strategic Organizing Produce School Funding Reform?

On Saturday, after the U.S. Senate joined the U.S. House of Representatives to pass President Joe Biden’s American Rescue Plan, I started thinking about how a huge coalition and strong advocates can sustain support for an important reform even through times that feel bleak and hopeless. Now, as a result of persistent and strategic advocacy, suddenly an election of new leaders has on some level adjusted our society’s collective notion of the role of government.

Welfare reform imposed policies that punished parents who were not working by reducing their access to public assistance. In doing so, President Bill Clinton and the Congress that replaced Aid to Families with Dependent Children with Temporary Assistance for Needy Families entirely neglected the needs of America’s poorest children. But as of this weekend, by expanding the Child Tax Credit, Congress accepted the idea that as a society we bear collective responsibility for the well-being of our children. And while the expanded Child Tax Credit is part of this year’s time-limited pandemic relief, my Ohio Senator Sherrod Brown and Colorado Senator Michael Bennet have promised to try to make the changes permanent.

Back in 2004, I read Jason DeParle’s powerful book, American Dream: Three Women, Ten Kids, and a Nation’s Drive to End Welfare, about how the 1996 welfare reform harmed children. Since then I have filled my clipping file with DeParle’s articles about our collective responsibility for poor children, most recently last summer, when DeParle pushed for expanding the Child Tax Credit in the NY Times and the New York Review of Books.  At the same time, I realized that powerful research and advocacy organizations—including First Focus on Children, the Center for Law and Social Policy, the Center on Budget and Policy Priorities, the Urban Institute, and the Brookings Institution—were working to expand the Child Tax Credit and make it fully refundable. But for years and years the matter of overturning welfare reform has felt hopeless.

In the NY Times this week, DeParle reminds us that an election can bring a turnaround not only in one piece of public policy but also much bigger shift: “Obscured by other parts of Biden’s $1.9 trillion stimulus package which won Senate approval on Saturday, the child benefit has the makings of a policy revolution. Though framed in technocratic terms as an expansion of an existing tax credit, it is essentially a guaranteed income for families with children, akin to children’s allowances that are common in other rich countries. The plan establishes the benefit for a single year. But if it becomes permanent, as Democrats intend, it will greatly enlarge the safety net for the poor and the middle class at the same time when the volatile modern economy often leaves families moving between those groups. More than 93 percent of children—69 million—would receive benefits under the plan, at a one-year cost of more than $100 billion.”

DeParle continues: “While the proposal took center stage in response to the pandemic, supporters have spent decades developing the case for a children’s income guarantee. Their arguments gained traction as science established the long-term consequences of deprivation in children’s early years, and as rising inequality undercut the idea that everyone had a fair shot at a better life… Mr. Biden’s embrace of the subsidies is a leftward shift for a Democratic Party that made deep cuts in cash aid in the 1990s under the theme of ‘ending welfare.’… ‘ The moment has found us,’ said Representative Rosa DeLauro, a Connecticut Democrat who has proposed a child allowance in 10 consecutive Congresses and describes it as a children’s version of Social Security.”

Two weeks ago, the Education Law Center—the nation’s top school finance litigation firm pursuing cases for school funding adequacy and equity under the 50 state constitutions—published From Courthouse to Statehouse—and Back Again, a major report endorsing precisely the kind of sustained, research-based advocacy that helped bring about this week’s Congressional shift to expand the Child Tax Credit. The Education Law Center, whose business is pursuing litigation-based school funding reform, warns—based on successful court victories in Massachusetts, Kansas, Washington, and New Jersey—that along with litigation, states need grassroots organizing, research-based communications, and disciplined messaging:

“Securing new resources for schools requires a majority of elected lawmakers to support finance reform and more critically, to fund it. These legislative debates trigger complicated political calculations about taxation, public and social services, the role of government, and, inevitably race, income, and wealth… The profiles in this report demonstrate that labor and grassroots organizations can play a significant part in galvanizing public opinion and breaking down resistance or deadlock inside the statehouse.”

“(E)ach state’s constitution obligates it to maintain and support a system of free public schools to educate all resident children. This means the amount and distribution of school funding—both state and local revenues—is controlled by elected state legislators and governors. Consequently, improving the way public schools are funded and boosting the investment of tax dollars in those schools can only be accomplished through the year-to-year political process of making laws, and passing budgets in state capitols.”

How to shape public opinion? First the Education Law Center advocates the wide dissemination of research: “(S)uccessful campaigns require research at all stages and for multiple audiences… It is imperative that research go beyond academic circles and be tailored and marketed to broader groups and the public at large.” But research must be part of a strategically framed campaign: “(S)takeholder coalitions helped maintain a unified message throughout both the legal proceedings and legislative deliberations. These coalitions also helped contain potential schisms among stakeholder groups, keeping them internal rather than spilling out and muddying the public debate.”

The Education Law Center urges coalitions pursuing school funding lawsuits to raise enough funds to hire a communications director to manage a well framed and extremely disciplined message. And campaigns “are much more impactful when done in close partnership with grassroots parent, community, and civil rights organizations. These partnerships ensure that the interest of the most important beneficiaries of the campaigns—the students themselves—remain front and center.”

The same kind of sustained, research-based advocacy that paved the way for last weekend’s Congressional expansion of the federal Child Tax Credit is going to be necessary, says the Education Law Center, for school funding reform even when the central strategy is through litigation: “(T)he level and distribution of school funding is controlled by elected state legislators and governors. In the end, improving the education of our nation’s children, especially the most vulnerable, depends on building strong, multi-dimensional political campaigns that can place and sustain the demand for well-funded and well-resourced schools squarely at the foot of state elected representatives and governors. Lawyers, when working in deep connection to those campaigns, can use the courts to amplify and advance that demand.”

Even New Jersey, the State with the Best Funded Schools, Needs a 2nd Federal COVID-19 Relief Bill

In the midst of the COVID-19 recession, even New Jersey, the state with the nation’s best school funding system, can’t maintain its constitutional obligation without additional federal help through the relief package which was first proposed by the U.S. House of Representatives in May.  U.S. Senate Republicans have refused to consider a second COVID-19 relief bill through the whole summer and into the fall, but discussions had revived in recent days.  Just yesterday, however, President Trump seemed to kill any chance that a second federal relief package will be forthcoming before the November election.

In New Jersey, the state supreme court has held New Jersey’s legislature accountable for fulfilling its constitutionally defined responsibility to fund the state’s public schools.  In his 2013 book, Improbable Scholars, David Kirp, a professor of public policy at the University of California at Berkeley, describes the long series of decisions in New Jersey’s state constitutional case of Abbott v. Burke: “Beginning in the early 1990s, additional help came from an unexpected source—the New Jersey Supreme Court.  Over the past half-century, those justices have acquired a reputation for the boldness and controversiality of their opinions… None of the court’s decrees has made a bigger splash or taken a bigger bite out of the state treasury than the epic school finance case Abbott. v. Burke. In twenty-one decrees issued over the course of nearly three decades, the justices have read the state’s constitutional guarantee of ‘a thorough and efficient system of education’ as a charter of equality for urban youth. That 1875 provision, and the court in its historic 1990 ruling, Abbott II, meant that youngsters living in poor cities were entitled to an education as good as their suburban counterparts… Money cannot cure all the ailments of public education…. But the fact that New Jersey spends more than $16,000 per student, third in the nation, partly explains why a state in which nearly half the students are minorities and a disproportionate share are immigrants has the country’s highest graduation rate and ranks among the top five on the National Assessment of Education Progress, the country’s report card. The additional money also helps to account for how New Jersey halved the achievement gap between black, Latino, and white students between 1999 and 2007.” (Improbable Scholars, pp. 83-85)

However, pledges to rectify inequity depend on annual appropriations that sometimes don’t keep up with the promises. Even New Jersey has fallen behind in recent years.  While New Jersey has continued to increase school funding, which averaged $21,866 per pupil last year, over the last decade, the state has fallen behind in its pledge to fully fund its school formula:  POLITICO’s Carly Sitrin reports that, “new research suggests New Jersey’s failure to fully fund its approach to education spending after achieving those goals has left a significant gap between white and Latinx students.” And the problem has worsened this year as the state has fallen into recession due to COVID-19.

Sitrin explains: “Democratic Gov. Phil Murphy made a campaign promise to fix that situation by fully funding the formula—even cut a deal with the state’s legislative leaders to do that. But the pandemic-induced economic downturn has put that effort on pause, leading Murphy on Tuesday to sign a state budget that keeps school funding flat. The move sets back the state’s seven-year commitment to achieve equity in spending for all children… Yet, Murphy and state lawmakers are celebrating the flat funding as a success. After all, they say, the state didn’t have to cut school aid during a pandemic that devastated revenues. At the same time, they’re hoping the federal government will come through with rescue aid next year.”

A long problem in school funding is that too many states have failed to get back on track after recessions. The 2018-2019, Red4Ed wave of teachers’ strikes and walkouts across the states—from West Virginia, Kentucky, Oklahoma, and Arizona to Los Angeles, Oakland, and Chicago—were an attempt by schoolteachers across the states to draw attention to class sizes of 40 students; widespread shortages of counselors, school social workers, librarians and school nurses; and teachers’ salaries so low that many could not afford the rent on a one-bedroom apartment in the communities where they were teaching.  These were the lingering effects—a decade later—of the 2008 recession.

The question now is how much the COVID-19 recession will further depress state spending on healthcare, colleges and universities, K-12 public education, and other state functions. Until yesterday, a second federal COVID-19 relief bill had seemed at least possible. House Speaker Nancy Pelosi and White House negotiator Steven Mnuchin had revived discussions last week. But yesterday afternoon, the Washington Post‘s Erica Werner and Jeff Stein reported that President Trump abruptly called off any negotiations for a second stimulus bill until after the election: “Economic relief talks screeched to a halt Tuesday as President Trump ordered Treasury Secretary Steven Mnuchin to stop negotiating with House Speaker Nancy Pelosi until after the election…  Trump’s surprising announcement stood in stark contrast with recommendations from Federal Reserve Chair Jerome H. Powell, who had said in a speech hours earlier that more economic stimulus was needed to sustain the recovery… Barring another unexpected development, Trump’s declaration kills any near-term chance of new aid for millions of Americans who remain out work and at risk of eviction. Pelosi and Mnuchin spoke shortly after Trump’s tweets, and Mnuchin informed Pelosi that the negotiations were indeed over…”  Assistance for the state governments that support roughly 40 percent of school funding across the states had been part of the discussions.

In, Schoolhouse Burning: Public Education and the Assault on American Democracy, a new book on the importance of the nation’s founding principles—guaranteed in the federal founding documents and in the 50 state constitutions, Derek Black emphasizes that these documents have made it possible for states like New Jersey to maintain their constitutional commitment to education, at least when times were not so hard as the current recession.  And even in bad times, such documents help us remember how far we are straying from our society’s most basic commitments.

The New Jersey Supreme Court’s Abbott v. Burke decisions to protect equitable school funding are among the best examples across the states of Black’s argument: “The foregoing principles—the right to an adequate and equal education, making education the state’s absolute and foremost duty, requiring states to exert the necessary effort (financial or otherwise) to provide quality educational access, placing education above normal politics, and expecting courts to serve as a check—are all in the service of something larger: the original idea that education is the foundation of our constitutional democracy.  Education is the means by which citizens preserve their other rights. Education gives citizens the tools they need to hold their political leaders accountable…  Democracy simply does not work well without educated citizens.” (Schoolhouse Burning, p. 224) 

Derek Black’s Fine New Book Explores the History of America’s Idea of Public Education — Part 2

On Monday, this blog examined Derek Black’s important new book, Schoolhouse Burning: Public Education and the Assault on American Democracy. Black, a professor of constitutional law at the University of South Carolina, threads together the history of an idea first articulated in the Northwest Ordinances of 1785 and 1787, threatened again and again throughout our nation’s history, but persistently revived: that our system of public schools, where all children are welcome and where their fundamental right to education is protected by law, is the one institution most essential for preserving our democratic society.

Monday’s post explored  Black’s history of that idea which has animated our society’s durable support for public education for more than 200 years. Today’s post will examine challenges in today’s ideological and political climate which Black believes threaten the very idea of public schooling. His book is a history of the constitutional protection of public schools—federally throughout our nation’s history and over time embedded in every one of the state constitutions. Can these laws and the principles they articulate protect public schools today?  Black explains:

“The question today is whether constitutions are enough, whether courts can… protect and save that right for the rest of us. Might it be, as it has always been, that constitutions are just ideas, the force of which ultimately depends on how deeply they penetrate our cultural psyches and how faithfully we pass those ideas along? How strong is the commitment to the right to education and a system of public schools for all in the public’s mind today? There are now forces afoot, like there were during Reconstruction and the civil rights movement, aiming to overwhelm public education.” (Schoolhouse Burning, p. 224)

“Education reformers,” Black writes, “do not state their agenda as an attack on public education or students’ rights. Their pitch is gentler. They say public schools already have enough resources; they just need to spend what they have more wisely.  Or the problem is not low teacher salaries but tenure and ineffective teaching. They say charter schools and vouchers offer the common man the chance to escape a flawed public education system and trade it for something else… Those who would deprive individuals of that choice are the ones who are antidemocratic and elitist, they say.” (Schoolhouse Burning, p. 18)

Derek Black names several problems at the heart of today’s threat to public education: the expansion of school privatization via charters and vouchers, massive fortunes invested by far-right libertarians to attack so-called ‘government schools,’ attacks on school teachers and their unions, and persistent tax cutting by state legislatures and the consequent ratcheting down of state funding for public education:  “Before the recession of 2008, the trend in public school funding remained generally positive… Then the recession hit. Nearly every state in the country made large cuts to public education. Annual cuts of more than $1,000 per student were routine.”  But the recession wasn’t the only cause of money troubles for public schools: “(I)n retrospect…. the recession offered a convenient excuse for states to redefine their commitment to public education… By 2012, state revenues rebounded to pre-recession levels, and a few years later, the economy was in the midst of its longest winning streak in history. Yet during this period of rising wealth, states refused to give back what they took from education. In 2014, for instance, more than thirty states still funded education at a lower level than they did before the recession—some funded education 20 percent to 30 percent below pre-recession levels.”  (Schoolhouse Burning, pp. 31-33)  Black cites research demonstrating that states have reneged on their public education promise particularly in areas where the public schools serve poor children: “(W)hen it comes to districts serving primarily middle-income students, most states provide those districts with the resources they need to achieve average outcomes… But only a couple states provide districts serving predominantly poor students what they need. The average state provides districts serving predominantly poor students $6,239 less per pupil than they need.” (Schoolhouse Burning, p. 241)

Black explains that over the same decade: “While states were reducing their financial commitment to public schools, they were pumping enormous new resources into charters and vouchers—and making the policy environment for these alternatives more favorable. Charter schools, unlike traditional public schools, did not struggle during the recession. Their state and federal funding skyrocketed. Too often, financial shortfalls in public school districts were the direct result of pro-charter school policies… In Ohio, charter school incentives fueled so much growth so quickly that fraud and corruption took hold… Ohio charter schools received substantial funding increases every year between 2008 and 2015.  While public schools received increases in a few of those years, they were modest at best—in one instance just one-tenth the size of the charter school increase… In 2013-3014, Ohio school districts, on average, went $256 in the hole for every student who went to a charter… Nine districts sent charters between 20 percent and 65 percent more money than they received from the state—a  hard reality to justify when Ohio was already sending charters other funding on the side.” (Schoolhouse Burning, pp. 34-36)

Again, equity and racial justice were compromised: “The Northeast, Upper Midwest, and Northwest—the parts of America with the fewest racial minorities—have suffered only modest privatization. Their public school systems, for the most part, do not face major privatization threats… But the Southeast—the Confederacy’s old stronghold—tells the exact opposite story: large percentages of African American students and, save one state, their public schools are facing deep privatization forces.” (Schoolhouse Burning, p. 239)

All during the recent decade, the federal government’s education policy has also promoted school privatization. During the Trump administration, Betsy DeVos’s efforts to promote vouchers, her lifelong cause, have been well known. But the effort has been bipartisan: “Obama… tapped Arne Duncan… someone whose track record in Chicago involved substantially expanding charters… For the next several years, the federal government promoted and sometimes forced charter school expansion… The Obama administration basically condoned everything states were doing with school funding and made it a little worse. Federal funding for public schools remained flat while the federal budget for charter schools increased by nearly 20 percent between 2008 and 2013.  President Obama called for another 50 percent increase for charters on top of that in 2016 (though he didn’t get it).  The real surprise, though, is how much Duncan managed to accomplish through administrative action… His biggest coup was the process he set up for doling out innovation funds during the recession. As part of the economic recovery legislation, Congress had set aside a substantial chunk of money for education innovation but didn’t specify exactly what schools could spend it on. Duncan, however, told states that if they wanted access to the money, charter schools had to be part of the mix. States that ‘put artificial caps on the growth of charter schools,’ he said, ‘will jeopardize their grant applications.’… The overall result of these state and federal actions was stark—nearly 40 percent growth in the number of charter schools and 200 percent growth in their enrollment.”  (Schoolhouse Burning, pp. 36-37)

Derek Black identifies the Red4Ed teacher walkouts across the states in 2018 and 2019 as the greatest symbol of hope that the idea of American public schooling can survive: “In 2018, teachers finally reached their breaking point and started talking about strikes and walkouts. Media attention then helped educate the general public about what had happened to public education funding and the teaching profession over the past decade… And it happened in the most unlikely of places—in deep Republican country, in nonunion states, and in the South, not in bastions of liberalism or pro-labor sentiment… The first teacher strike was in West Virginia in 2018… The second teacher walkout was in Kentucky… After that, the protests and walkouts jumped westward to Oklahoma and Arizona… From there, major protests seemed to pop up every month in every place imaginable… Colorado, California, South Carolina, North Carolina, Georgia, Virginia, Oregon, and Washington.” Schoolhouse Burning, pp. 244-245)

Derek Black concludes his new book positively by reminding readers of America’s education idea, which has survived since 1787: “Public education represents a commitment to a nation in which a day laborer’s son can go to college, own a business, maybe even become president. It represents a nation in which every person has a stake in setting the rules by which society will govern itself…. Public education represents a nation where people from many different countries, religions and ethnic backgrounds come together as one for a common purpose around common values. We know that the idea has never been fully true in our schools, but we need to believe in that idea… The pursuit of that idea, both in fact and in mind, has long set us apart from the world….” (Schoolhouse Burning, p 250)

Derek Black’s Fine New Book Explores the History of America’s Idea of Public Education — Part I

Derek Black’s stunning new book, School House Burning: Public Education and the Assault on American Democracy, threads together a history that has rarely been collected in one volume. Black, a professor of constitutional law at the University of South Carolina, presents the history of an idea first articulated in the Northwest Ordinances of 1785 and 1787, threatened again and again throughout our nation’s history but persistently revived and reanimated: that a system of public education is the one institution most essential for our democratic society. And, while the specific language defining a public education as each child’s fundamental right is absent from the U.S. Constitution, the guarantee of that right is embedded in the nation’s other founding documents, in the history of Reconstruction that followed the Civil War, in the second Reconstruction during the Civil Rights Movement, and in every one of the state constitutions.

Today’s post will skim the history as Derek Black presents it; on Wednesday, this blog will explore how Black believes both public education and democracy are threatened today.

While the U.S. Constitution never formally names public education as the nation’s fundamental and necessary institution, the provision for public education is the centerpiece of the Northwest Ordinances of 1785 and 1787: “The Ordinances, and education’s role in them, however, cannot be so easily dismissed. The Northwest Ordinance of 1787 is one of the most significant legal documents in our nation’s history and the current United States Code treats it as such… In many important ways, the history and effect of the Constitution and the Ordinances are inseparable.  First, the documents were passed by many of the same people… Second, the Northwest Ordinance’s substance is a constitutional charter of sorts. Practically speaking, it established the foundational structure for the nation to grow and organize itself for the next two centuries. Precise rules for dividing up the land, developing the nation’s vast territories, and detailing the path that these territories would follow to become states are not the work of everyday legislation. They are the work of a national charter.”  (Schoolhouse Burning, pp. 64-65).  “The 1785 Ordinance specified how every square inch of the territories would be divided into counties and towns. Every new town had to set aside one-ninth of its land and one-third of its natural resources for the financial support of education. And every town had to reserve one of its lots for the operation of a public school.” (Schoolhouse Burning, p. 62)  The Northwest Ordinances named the urgent purpose of public education and prescribed a means of funding the schools.

Jumping way ahead to the early 1970s, after President Richard Nixon replaced Chief Justice Earl Warren with Chief Justice Warren Burger and the U.S. Supreme Court moved away from the principles embodied in Brown v. Board of Education, Black describes the significance of San Antonio v. Rodriguez, the U.S. Supreme Court case which declared that because the U.S. Constitution itself does not explicitly protect the right to public education, public schooling is not a fundamental right. Black believes the founding documents should be read to include the Northwest Ordinances and that the fundamental role of education is further affirmed through our nation’s troubled history: “(I)f you asked modern legal scholars whether education is a fundamental right protected by the federal Constitution, they would tell you no, and they would be correct in one sense. The United States Supreme Court (in a 5-4 decision) refused to recognize education as a fundamental right in 1972, reasoning that the Constitution neither explicitly nor implicitly protects education. The Court feared that nothing distinguished education from the various other things that are important in life, like food and shelter. The foregoing history, however, reveals that education is far different than anything else government might offer its citizens (other than the right to vote). The nation’s very concept of government is premised on an educated citizenry. From its infancy, the United States has sought to distinguish itself with education. More particularly, education has been the tool though which the nation has sought to perfect its democratic ideas.” (Schoolhouse Burning, p. 133)

In Black’s chapter on the state constitutional conventions during Reconstruction in the Southern states after the Civil War, we read about thousands of freed slaves desperate to learn in whatever setting where they could locate a teacher. We also learn that, by the era of the Civil War, even in the North few of the states had managed to set up the kind of schooling described in the ideals of the Northwest Ordinances. The Reconstruction Acts made the provision of universal education one of the conditions for Confederate states to gain readmission to the Union, and Southern states which had been dominated by aristocratic planters and which had never established systemic public schools even for poor whites were now forced to create widespread public schooling. The meaning of Reconstruction extended beyond the Southern states: “Once the South acted—as a whole by 1868—the education revolution had the clarity and strength to solidify expectations for the rest of the nation moving forward. The history of the right to education, quite simply, divides into the world before and after 1868. Uncertainty pervaded the preceding years and nothing would ever be the same again in the subsequent years… Several Northern states revised their constitutions following the war. Congress had no leverage over them, but the recommitment to a republican form of government swept over them too.  As they revised their constitutions, they included education clauses, and by 1875, every state except one had an education clause.” (Schoolhouse Burning, pp, 126-129)

After Reconstruction ended, after Plessy V. Ferguson established the doctrine of “separate but equal,” and after Jim Crow segregated schools across the South, states reneged on funding schools for black students and left poor, black communities to scrape together inadequate revenue on their own.  Derek Black reports, however, that the idea of public education as the centerpiece of democratic governance still survived: “Yet for all the terrible moments and trends, one very important silver lining runs through this dark period that almost no one has ever stopped to consider: whereas attacks on public education were a centerpiece of the assault on black citizenship, the right to education (first vested in the immediate aftermath of the Civil War) nonetheless lived on… The idea of public education had taken hold in a region where it was previously foreign…. That silver lining… became the foundation for a second reconstruction—the civil rights movement in the mid-twentieth century—and the rebirth of the constitutional right to education in the 1970s and 1980s.” (pp, 150-155)

Derek Black traces two decades of history from the mid 1930s until 1954 as the NAACP’s Charles Hamilton Houston, Thurgood Marshall and other attorneys mounted a calculated series of lawsuits first to ensure that black students could be admitted to state institutions of higher education and, once admitted not be segregated in inferior programs provided only for blacks.  Finally, after inching toward justice for years, the NAACP launched lawsuits in several locations to challenge explicit de jure racial segregation of K-12 public schools. The NAACP’s long efforts culminated, after these cases had been combined together, in the principles declared in the unanimous 1954 opinion, written by Chief Justice Earl Warren, in Brown v. Board of Education—principles that embody the very idea Derek Black has traced from the days of the Northwest Ordinances:

“Today, education is perhaps the most important function of state and local governments.  Compulsory school attendance laws and the great expenditure for education both dominate our recognition of the importance of education to our democratic society.  It is required in the performance of our most basic public responsibilities even service in the armed forces.  It is the very foundation of good citizenship. Today it is a principal instrumental in awakening the child to cultural values, in preparing him for later professional training and in helping him to adjust normally to his environment.  In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education.” (Schoolhouse Burning, quoting the 1954 Decision in Brown v. Board of Education, p. 174)

What followed, of course, was another backlash, the Southern Manifesto, signed by 19 U.S. Senators and 82 members of the U.S. House of Representatives.  The Manifesto “charged that the court in Brown had abused its power.” (Schoolhouse Burning, p. 179)  Protests against the Brown decision happened in the streets and in the school boards and legislatures.  Prince Edward County, Virginia launched the first publicly funded private school tuition voucher program—for white students only—along with the shutdown, from 1959 to 1963, of the public schools which were the only local schools serving black students, who then went without education during those years.

Derek Black leads us through three crucial U.S. Supreme Court Decisions during the early 1970s which reestablished segregated schools and rejected the principles embodied in the Brown decision: Keyes v. School District No 1,  which declared that discriminatory acts must be proven to have been intentional; Milliken v. Bradley, which banned busing for school integration across school district jurisdictional lines; and San Antonio v. Rodriguez, which declared that “a right cannot be fundamental if it isn’t explicitly spelled out in the Constitution.” (Schoolhouse Burning, p. 189) “Over the next twenty years, the Burger Court and then the Rehnquist Court further chipped away at desegregation, regularly issuing decisions that curtailed lower courts’ desegregation orders and powers, even it it did not entirely foreclose them.” (Schoolhouse Burning, p. 197)

And yet, after San Antonio v. Rodriguez blocked federal school equity cases, Derek Black describes a wave of advocates pursuing the idea of each child’s right to an equal education under the provisions of the state constitutions.  While myriad cases have been filed from state to state over the decades since the early 1970s, and while most of them focused on adequate and equitable school funding. Black believes more was at stake: “State supreme courts once again were intervening to enforce the constitutional right to education…. Money is certainly relevant, but the real issues in these cases had always been students’ access to quality teachers, safe school facilities, small class sizes, modern curricula, and support services.” (Schoolhouse Burning, p. 211)

I hope you will read Derek Black’s new book, for these comments merely skim the surface of his fascinating history of the American idea of public education. As he concludes his history, Black summarizes the book’s thesis: “The foregoing principles—the right to an adequate and equal education, making education the state’s absolute and foremost duty, requiring states to exert the necessary effort (financial or otherwise) to provide quality educational access, placing education above normal politics, and expecting courts to serve as a check—are all in the service of something larger: the original idea that education is the foundation of our constitutional democracy.  Education is the means by which citizens preserve their other rights. Education gives citizens the tools they need to hold their political leaders accountable…  Democracy simply does not work well without educated citizens.” (Schoolhouse Burning, p. 224)  Black reminds us, however: “The founders articulated educational goals not with any certainty that they would spring into reality simply by writing them down, but in the hope that we might one day live into them.” (Schoolhouse Burning, p 71)

Derek Black’s new book also explores how the idea of public education is faring right now a decade after the collapse of public school funding during the Great Recession and after years of growing school privatization. Wednesday’s post will explore how recent events threaten not only our public schools but also our democracy.

It Will Take Years to Recover from What’s Been the Matter in Kansas—and Lots of Other States

Governing Magazine just published an extraordinary profile of Kansas state government—what was left of it after Sam Brownback’s tenure.  Last November when a Democrat, Laura Kelly, took office, the new governor found herself assessing the damage from two terms of total austerity. Reporter, Alan Greenblatt describes a state unable to serve the public:

“To students of state politics, the failed Kansas experiment with deep cuts to corporate and income tax rates—which GOP Gov. Sam Brownback promised would lead to an economic flowering, and which instead led to anemic growth and crippling deficits—is well known.  What is not as well understood, even within Kansas, is the degree to which years of underfunding and neglect have left many state departments and facilities hollowed out…. All around Kansas government, there are stories about inadequate staffing…. Staff turnover in social services in general and at the state prisons has led to dozens of missing foster children and a series of prison uprisings… During the Brownback administration, from 2011 to 2018, prison staff turnover doubled, to more than 40 percent per year, while the prison population increased by 1,400 inmates, or 15 percent.  Guards have been burned out by mandatory over time and by pay scales that have failed to keep pace with increased insurance premiums and copays, let alone inflation. With inadequate and inexperienced staff, the prisons began employing a technique known as ‘collapsing posts,’ meaning some areas were simply left unguarded.”

The Brownback era ended, but the damage has not yet been repaired: “By the time Kelly took office, legislators recognized the hole the state was in.  Coming hard on the heels of the recession, state revenues plunged $700 million during the first year following Brownback’s tax cuts.  Missing revenue targets became a monthly sport in Kansas for years after.  With schools shutting down early and Brownback looking to raid funding for other children’s programs, the Republican controlled legislature finally rolled back most of Brownback’s tax cuts in 2017, over his veto… Largely as a result of the 2017 rollback of Brownback’s program, Kansas tax receipts are now expected to exceed $7 billion annually through 2022.”

Public education funding shortages were an issue even before Brownback entered office. In fact, many legislators have blamed the schools, not Brownback’s tax cuts, for funding reductions to other agencies. The need for adequate and equitable school funding has been kept in front of the public and in front of the legislature by Gannon v. Kansas, a lawsuit filed in 2010.  The legislature even tried—unsuccessfully—to pass a law making school funding non-justiciable.  Greenblatt counters with a reminder: “Getting education spending back as high as it was a decade ago, adjusted for inflation, is expected to take four more years.”

The Education Law Center’s Wendy Lecker traces the history of Gannon v. Kansas, the school finance lawsuit which has forced legislators in Kansas to reckon with the constitutional right of the children of Kansas to a public school education. There was an earlier lawsuit, Montoy v. State, in which a 2005 decision demanded that the state invest more in its public schools: “The Montoy case ended in 2006, when the Court ruled that new legislation substantially met constitutional requirements.  In 2008, however, before the State fully implemented the Montoy remedy, it began making significant reductions in school funding. The Gannon lawsuit was filed in response… In its initial Gannon decisions, the Kansas Supreme Court affirmed a lower court’s rulings that the State’s actions resulted in inadequate and inequitable funding levels and ordered reforms. The plaintiffs were forced to seek relief from the Supreme Court several times after the Legislature and Governor failed to enact the required reforms. In 2018, the Court ruled that additional funds provided by the State addressed funding equity but did not ensure adequate funding levels.”

Finally just two months ago, on June 14, “(T)he Court found the State had finally substantially complied with the constitutional requirement for funding adequacy. The Court noted the plaintiffs’ agreement that a $90 million increase was adequate for 2019-2020… Most important, the Court is retaining jurisdiction over the Gannon lawsuit to ensure the State follows through with the required funding increases.”  In an earlier report, Lecker adds that the state will need to appropriate another $363 million annually by 2023 to remain in compliance.  Ongoing court oversight will be needed to ensure the legislature honors its promise of additional appropriations.

The slow recovery in Kansas is mirrored in other states.  In Wisconsin, where last November, Democrat and former state school superintendent Tony Evers was elected governor to replace the far-right Scott Walker, the same battle to restore state services and the public education budget is being fought—this time without the pressure of a court case.  Evers creatively used his line item veto to increase public education funding on top of the appropriations sent to him by an extremely conservative Republican legislature.  For the Appleton Post-Crescent, Samantha West reports: “The state’s biennial budget will pump an additional $570 million into K-12 education over the next two years, but parents and students shouldn’t expect to see noticeable changes… While the increased funding is encouraging, Heather DuBois Bourenane, executive director of the Wisconsin Public Education Network, said there’s a long way to go…. ‘Anything that’s not a cut feels like a victory to Wisconsin schools… but how sad is that?'”

In The One Percent Solution, an excellent book on the fiscal impact across the states of the 2010 election, Gordon Lafer begins a chapter called “Wisconsin and Beyond” by describing nearly a decade of fiscal collapse in many states: “In January 2011, legislatures across the country took office under a unique set of circumstances.  In many states, new majorities rode to power on the energy of the Tea Party ‘wave’ election and the corporate-backed RedMap campaign… (T)he 2011 legislative sessions (also) opened in the midst of record budget deficits, creating an atmosphere of fiscal crisis that made it politically feasible to undertake more dramatic legislation than might otherwise have been possible. Any one of these things—a dramatic swing in partisan control, the suddenly heightened influence of moneyed interests, or a nationwide fiscal crisis—would be enough to change the shape of legislation.  Having all three come together in one moment produced something akin to a political perfect storm. For the corporate lobbies and their legislative allies, the 2010 elections created a strategic opportunity to restructure labor relations, political power, and the size of government.”  (The One Percent Solution, p. 44)

A key strategy of the state-by-state corporate agenda to reduce the size of government was tax slashing. In Kansas and Wisconsin, we see the deep and lasting consequences. There is, of course, a very simple moral to this story: The taxes we pay ensure we can have the public services we take for granted until they are gone. Corporations and individuals have a civic responsibility to pay taxes—which should be progressive, with those who have the most paying their fair share.

It Looks As Though Proposed Ohio School Funding Overhaul May Have to Wait Two More Years

There was a sense of hope on March 25th, when Ohio State Representatives Bob Cupp and John Patterson proposed a new, bipartisan school funding plan for Ohio, a plan that was intended to serve as the House’s education proposal for the 2020-2021 biennial budget, which must be passed by June 30.  We owe these two legislators enormous thanks for overcoming partisan rancor and setting out to try to address school funding injustice in our state.

Under a patched together mess of additions to old formulas, Ohio’s school districts have suffered for years from state funding that hasn’t met the state’s constitutional obligation. The problem has become more serious as state revenue for schools has declined. Following the Great Recession a decade ago, Governor John Kasich and his all-Republican legislature continued the phase out of local business taxes, eliminated the state estate tax and reduced state income taxes. In a state where all tax increases are required by law to be voted, school districts have been forced to ask their residents to increase local property taxes and at the same time to cut programming.  Just as school teachers have been striking all year across other states to highlight outrageous problems with large classes and shortages of counselors, social workers, nurses and librarians, Ohio’s students and teachers have been experiencing the same funding inadequacies.

The proposed Cupp-Patterson Plan was supposed to fund schools adequately—according to a calculation of what it actually costs to provide required services.  It was supposed to be stable without the kind of quirks and changes Ohio school districts have noticed recently in their state funding.  And it was supposed to be equitable by considering not only a district’s property valuation but also the community’s aggregate income in calculating what Ohio calls the local chargeoff—the calculation of what a school district has the capacity to generate in local taxes. Currently in Ohio, 503 of the state’s 610 school districts are on guarantee; they have been getting from the state just what they got last year and the year before and the year before that.  The new Cupp-Patterson plan was designed to flip that situation and restore the awarding of formula-calculated funding to at least 510 districts.

The only problem was, once the computer runs for the state’s 610 school districts were released, it became apparent that many of the state’s very poorest districts, especially poor urban districts with concentrated poverty, ended up with zero new funding—at the same level where they were last year.

This past weekend, the Speaker of the Ohio House, Larry Householder told the Columbus Dispatch that the new plan probably cannot be adjusted quickly enough to be part of Ohio’s 2020-2021 biennial budget:  “I think Cupp-Patterson needs a lot more work… I don’t think it can be done in the time frame for this budget.”

The Columbus Dispatch‘s Jim Siegel explains the problems with the plan and Householder’s concerns: “Over two years, the plan would mean a $280 increase per pupil on average for districts with student poverty rates of at least 60 percent.  Meanwhile, the increase is $392 per pupil for districts with poverty concentration of less than 15 percent.  Several urban districts get little or no additional money.  For Householder, that means more new money for districts that, thanks to local tax revenue, are already funded at an ‘excellent level,’ while less is going to schools where kids have ‘tons of disadvantages.’ That, he said, compounds a revenue imbalance that already exists between poor and wealthy districts. ‘It’s going to create a funding system that’s going to bring a greater amount of inequity between school districts… And there’s no way that it doesn’t.'”

For a fascinating analysis of the complexities that must be addressed by any Ohio school funding plan, I encourage readers of this blog to listen to Jim Siegel’s podcast from last Thursday: Why Is School Funding Still Broken? Siegel talks with two people who bring very different experiences to the conversation. Howard Fleeter, Ohio’s school funding expert has been tracking and advising the legislature about Ohio school finance since 1991.  Julie Wagner Feasel is a member of the school board in Olentangy, a suburban school district just north of Columbus and the fastest growing school district in the state in terms of families moving in.

We learn from Julie Wagner Feasel that even the state’s wealthiest school districts—as measured by property valuation and family income—have been ill-served by our current formula. Olentangy is a wealthy suburban district that for several years has been receiving less state funding than the amount the state awards to private schools for auxiliary services.  Between 2009 and 2014, Olentangy gained 6,000 students at a time when the formula was frozen and the district was on guarantee.  Between 2014 and 2019, the district has been under a “gain cap,” freezing the district’s state funding as it gained another 4,000 or 5,000 students.  Under the proposed Cupp-Patterson formula, which awards what the district needs as measured by its rapid growth, Olntangy will get a significant boost just because its state revenue has been frozen for over a decade.

In the podcast, Howard Fleeter defends the needs of the state’s poorest school districts, those which have lost population but still need additional funds to address the barriers that confront the school districts serving the state’s poorest students. Fleeter suggests that districts serving a high concentration of student poverty need a third more revenue per pupil.  Fleeter disputes Wagner Feasel’s worry that more money would just be absorbed by teachers’ salaries: “Putting resources into classrooms is important. There is important value in teaching, and with salaries, you get what you pay for. To attract good teachers and keep them, you must pay them well… Stability in staff makes a successful school.”

Fleeter also explains why it is enormously complicated to create a state school funding formula that addresses the needs of all 610 of Ohio’s school districts.  We have more big cities than any state except California or Texas—Cleveland, Cincinnati, and Columbus, and then a bit smaller—Dayton, Toledo, and Youngstown, and then a couple of tiers slightly smaller but still big cities.  We have rural Appalachian poverty and then a whole different rural economy on the west side of the state. Then there are the growing outer suburbs and the inner suburbs that are more urban.  How do we calculate equity and adequacy across this array of very legitimate needs?

In his report on the plan’s likely delay, Siegel quotes Ohio House Speaker Larry Householder commenting on the complexity of the problem: “If all we had to do was worry about poor, rural school districts, we could fix that in a heartbeat… But we’ve got everything under the sun in Ohio.”

It will perhaps take another biennial budget cycle before Ohio can create the political will to pass a truly equitable new school funding plan.  In the meantime, however, the Cupp-Patterson plan addresses one concern that could and should be resolved in a stand-alone bill. Ohio has been operating for years with a punitive accountability system beginning with the state report cards that brand the poorest school district with low grades, the third-grade guarantee, the location of charter schools and the EdChoice voucher eligibility in what the state consider academically distressed (low-scoring) school zones and districts, and finally the state takeovers that are currently being seriously challenged in other stand-alone bills.

The Cupp-Patterson Plan proposes to substitute full state funding of school privatization—vouchers and charter schools—for what is now a school district deduction plan.  While today, the child who secures a voucher or leaves for a charter is counted in a school district’s Average Daily Membership, and then carries the voucher or charter amount out of the school district’s budget, in the Cupp-Patterson Plan the state would fully fund the cost of these privatization schemes. In a number of school districts today, the child carries away more in the school district charter school or voucher deduction than the state’s per-pupil funding to that district. Because standardized test scores correlate, in the aggregate, with family and neighborhood economics, the current plan punishes the state’s poorest school districts by locating voucher and charter eligibility in those districts and then extracting the funding for the vouchers and charters from their local budgets. The current plan exacerbates inequity by further reducing the school district budgets in already poor school districts.

The state should not wait two years to address this inequity in the next budget. If the legislature is going to privatize education, the full expense should fall on the state budget and not on the already meager budgets of the state’s poorest school districts.

Long Awaited Bipartisan School Funding Plan Proposed for Ohio

Yesterday  Ohio Representatives Robert Cupp (R-Lima) and John Patterson (D-Jefferson) released a much needed, bipartisan proposal for a new Ohio school funding formula. The Cupp-Patterson Fair School Funding Plan, of course, is preliminary.  It will be proposed as the substance of the Ohio House Education Budget and would have to be enacted by the Legislature. (Quotes in this post come from the preliminary PowerPoint presentation from Monday afternoon’s session.)

Conceptually the plan described yesterday afternoon would raise the level of state support for K-12 public education to a more adequate level and additionally address what is currently inequitable distribution of funding across the state’s 610 school districts.  The Cupp-Patterson Plan considers not only each school district’s capacity to raise funds from its local property tax base but also considers the amount and concentration of family poverty.

The details are not yet available, and of course, the details matter a lot in a school funding formula.  A state can make its formula more equitable, while at the same time underfunding the total allocation of state funds; such a plan merely levels down all districts.  We’ll need to look at the amount of funding the Cupp-Patterson Plan recommends.  Then, of course, because this plan is intended to serve as the basis of the Ohio House Education Budget, we’ll need to look at what the Legislature agrees to fund. A workable school funding formula would need to be fully funded.

In recent years without a fair and adequate formula, Ohio has merely imposed punitive, outcomes-based school accountability—punishing the lowest scoring schools and school districts.  Currently Ohio rates and ranks schools and districts on a state report card largely derived from aggregate standardized test scores—which have for decades been shown to correlate less with school quality and more with family and neighborhood poverty.  The state has driven state and local dollars out of the lowest-scoring school districts—through a school district deduction system—to pay for students carrying away vouchers for private school tuition and a fixed amount to charter schools. The bottom-scoring school districts  have been seized by the state, with state overseers appointed, the local school board discredited, local democracy destroyed.  But the state has at the same time provided too little funding for its poorest districts.

Yesterday’s presentation addresses the school-district-deduction penalty for school choice: “Students participating in school choice programs… will not be included in resident district student count”; the vouchers and charter allocation will be funded by the state.  This provision will ensure that no school district will lose more state charter and voucher dollars than the district would receive for those students in state aid. The current school-district-deduction for school choice has been a serious and inequitable problem for many school districts.

For the first time Representatives Cupp and Patterson have proposed to increase financial support for our state’s poorest school districts as measured not only by the size of their property tax base but also by aggregate family income.  The goal is to increase the capacity of the poorest school districts to better support families and meet the children’s needs. Yesterday’s presentation declares: “Ohio school funding is a patchwork not based on student needs.”

The new plan challenges the state to: “base state school funding on what students actually need to succeed in a rapidly changing world; assess every community’s capacity to pay its fair share—transparently; and treat all Ohio’s school districts and taxpayers as fairly as possible.”  Its proponents claim their formula considers what it really costs to operate a school district and address the needs of every child.

Representative Cupp promises that the formula  will be fair and stable—characteristics that Ohio’s funding formula has chronically lacked. The Columbus Dispatch‘s Jim Siegel quotes Cupp: “Our current funding formula, forged in the last recession, is seriously flawed… It’s not any longer even functioning as a formula.”

Currently, according to yesterday’s presentation, 80 percent of Ohio’s school districts are on guarantee—meaning they receive what they got last year—or that their funding from the state has been capped.  In order for a formula to work, a state must fund it, but when 503 of the state’s 610 school districts are on guarantee, it means the state is not budgeting enough money to pay what the state’s own formula says the districts need.  If the new plan is enacted by the legislature and fully funded, the authors of the new plan project that 84 percent of Ohio’s school districts will be on the formula with only 16 percent—the wealthiest districts in the state—on guarantee.

In a tweet, Innovation Ohio’s @Steve Dyer who attended the presentation in Columbus, reported an additional promise made when the formula was presented: “Wow. will build in inflationary increases and re-examine the costs every four years.”

Ohio’s current funding plan is also unstable.  It calculates each district’s state funding by comparing each school district’s local funding capacity to a constantly changing state average. Hence a district’s funding can vary relative to an average that changes every year, at the same time the district’s needs remain constant.  In the new plan, “State/local shares are calculated using residents’ income and each district’s property value and won’t shift unless that district’s income or property values change.”  The new formula will be based 60 percent on property valuation and 40 percent on the income of the school district’s residents.

The new Cupp-Patterson formula is a foundation plan which provides a base cost per child. Additionally it adds categorical funding depending on the number of children who fall into particular categories designated in state law—for poverty, preschool, special education, gifted education, English language learning, career-tech, STEM, Open Enrollment, students leaving for charter schools, students carrying away a voucher, transportation needs, and the presence of an educational service center.

The new plan’s designers explain that the plan will combine state and local dollars according to a formula that will cover actual costs, provide freedom to districts to use state funds for local needs they determine, and ensure that every district has enough money for quality classroom instruction, co-curriculars, social-emotional needs, counselors, technology, safety, and professional development for teachers. The plan includes enriched pre-kindergarten for all four-year-olds living in poverty, and it funds special education at 100 percent, instead of the current 90 percent level.

The new plan grew out of a two year Speaker’s Task Force on Education and Poverty, a special task force chaired by Representative Robert Cupp.  In its final report, the Cupp Task Force emphasized the need for greater support for schools serving children in poverty. The Task Force’s recommendations include wraparound health and social services, expanded early childhood education, equitable access to career education, and enough money that all Ohio school districts can afford  challenging curriculum and well-qualified teachers.  The Governor’s budget proposal released last week addresses the need for wraparound social and medical services.

Reporting yesterday afternoon, the Plain Dealer‘s Andrew J. Tobias quoted Representatives Cupp and Patterson declaring that their plan would finally make Ohio’s school funding constitutional: “(T)hey say it will reduce Ohio’s reliance in school funding on local property values—the core of a landmark series of rulings from the Ohio Supreme Court that found the state’s school funding system unconstitutional more than 20 years ago… ‘I think this meets all the requirements of the DeRolph decision,’ Cupp said.”

Representatives Cupp and Patterson and the public school educators and school finance experts who worked with them to create the new plan conclude: “We ask our legislators and all Ohioans to consider our plan in its entirety, as a essential roadmap to guide school funding decisions.” The proposed formula is comprehensive.  If the members of the Legislature tinker with it, and unless members of the legislature fund it, it will lose its capacity to distribute school funding adequately and fairly.

Of course the biggest question is about Ohio’s capacity, after years of tax cuts, to pay for an adequate and equitable school funding plan. Patterson was asked this question yesterday afternoon and Siegel reports his response: “Asked if, based on what they know about recent two-year revenue estimates from the state budget office and the Legislative Service Commission, there is enough money to pay for the plan, Patterson said, “The question is do we have the will to fund what we really need to fund if we truly believe that every student ought to have a chance to succeed?  This is an investment in Ohio.”

This is a preliminary analysis of the principles and concepts in the Cupp-Patterson Fair School Funding Plan.  Details about the cost of the plan and how each school district will fare will be released on Friday.  The Dispatch‘s Siegel adds that Cupp and Patterson “hope to phase-in the proposal over four years, and during that time, no district would get less money than they currently receive.”

New School Finance Report Confirms Funding Shortages Striking Teachers Have Been Showing Us

For nearly two decades the preferred spin of policymakers at federal and state levels has been that financial investments (inputs) are far less important than evidence of academic achievement (outcomes as measured by standardized tests). And the outcomes were supposed to be achieved by pressuring teachers to work harder and smarter. Somehow teachers have been expected to deliver a miracle at the same time classes got bigger; nurses, counselors and librarians were cut; and teacher turnover increased as salaries lagged.

Statements of justice in public education have always been a little vague about the most direct path to get there.  One of my favorite definitions of public education’s purpose is from Benjamin Barber’s 1992 book, An Aristocracy of Everyone: “(T)he object of public schools is not to credential the educated but to educate the uncredentialed; that is, to change and transform pupils, not merely to exploit their strengths. The challenge in a democracy is to transform every child into an apt pupil, and give every pupil the chance to become an autonomous, thinking person and a deliberative, self-governing citizen: that is to say, to achieve excellence… Education need not begin with equally adept students, because education is itself the equalizer. Equality is achieved not by handicapping the swiftest, but by assuring the less advantaged a comparable opportunity. ‘Comparable’ here does not mean identical… Schooling is what allows math washouts to appreciate the contributions of math whizzes—and may one day help persuade them to allocate tax revenues for basic scientific research, which math illiterates would reject. Schooling allows those born poor to compete with those born rich; allows immigrants to feel as American as the self-proclaimed daughters and sons of the American Revolution; allows African-Americans, whose ancestors were brought here in bondage, to fight for the substance (rather than just the legal forms) of their freedom.”  (An Aristocracy of Everyone, pp. 12-13)

There are many reasons to consider Barber’s principles carefully in Trump’s America. In the specific case of the provision of education, however, we ought to consider this question: Can these words—“Education need not begin with equally adept students, because education is itself the equalizer”— be achieved without our society’s investing in tangible inputs like class size and numbers of counselors and the presence of school music programs?  For a year now—in walkouts and strikes—schoolteachers have been telling us that policymakers are naive to believe inputs don’t matter.  In a new report, K-12 School Funding Up in Most 2018 Teacher-Protest States, But Still Well Below Decade Ago, the Center on Budget and Priorities (CBPP) confirms teachers’ outrage about the collapse of financial investment in their schools.

CBPP’s new report summarizes school funding in several of the states where striking teachers have called attention to their states’ long collapse of funding for K-12 public education: “Protests by teachers and others last year helped lead to substantial increases in school funding in Arizona, North Carolina, Oklahoma, and West Virginia, four of the 12 states that had cut school ‘formula’ funding—the primary state revenue source for schools—most deeply over the last decade. Despite last year’s improvements, however, formula funding remains well below 2008 levels in these states.”

CBPP explains further that to end teachers’ strikes, legislators too frequently went for a quick fix instead of a stable solution: “Three of the four teacher-protest states that increased formula funding last year used revenue sources that may prove unsustainable…. Arizona teachers ended their strike after Governor Doug Ducey signed a budget giving them a 20 percent salary increase over three years.  But the budget doesn’t include the new revenue required to finance the planned spending…. North Carolina’s legislature increased funding for schools without raising new revenue to do so, even though the state faces a revenue shortfall next year for covering ongoing needs, primarily due to unsustainable income tax cuts that began to take effect in 2014… Oklahoma funded pay increases for teachers and other public employees that included a hike in cigarette taxes, a boost in gasoline taxes, and an increase in the tax rate on oil extraction.  While these revenue sources were adequate to cover the pay hikes, they may not be in the future.”

Even the emergency increases after teachers’ strikes are not enough: “Most of the teacher-protest states had cut their formula funding so deeply over the last decade that even last year’s sizeable funding boosts weren’t enough to restore funding to pre-recession levels.  For example, in Oklahoma, per-student formula funding remains 15 percent below 2008 levels, including inflation adjustments.  And per-student formula funding in Arizona, North Carolina, and West Virginia, as well, is still well below pre-recession levels.”

In twelve states, inflation-adjusted, per-pupil formula funding remains below the 2008 level—down by 20 percent in Texas, 15 percent in Oklahoma,15 percent in Alabama, 13 percent in Kentucky, 12 percent in Kansas, 9 percent in Michigan, 8 percent in West Virginia, 8 percent in Utah, 7 percent in North Carolina, 6 percent in Arizona, 3 percent in Mississippi, and 3 percent in Idaho.

Why does per-pupil formula funding matter so much?  “K-12 schools in every state rely heavily on state aid. On average, 47 percent of school revenues in the United States come from state funds. Local governments provide another 45 percent; the remaining 8 percent comes from the federal government… Most states target at least some funds to districts with greater student need (e.g., more students from low-income families) and less ability to raise funds from property taxes and other local revenues. These features make state formula funding an especially important source of funding for schools in high-poverty areas, which disproportionately educate children of color.  That said, this targeting often doesn’t fully equalize educational spending across wealthy and poor school districts… Because schools rely so heavily on state aid, cuts to state funding… generally force local school districts to scale back educational services, raise more revenue to cover the gap, or both.”

Statewide aggregate data shows that local school districts have to some extent been able to cushion the effect of reduced state funds: “In 2016, for the first time since the recession hit, a majority of states (26 states) provided higher levels of total state and local funding per student than they did before the recession took hold.” “While combined state and local funding in 2016 was nearly back to pre-recession levels nationally, state funding was down $167 per student while local funding was up $161.  Local funding increases help school districts absorb deep cuts in state funds, but a shift toward local funding raises equity concerns.  Because school districts in neighborhoods with high property values find it much easier to raise adequate revenue than districts where property values are low, a shift toward more local funding can exacerbate school funding inequities.”  Besides worrying about inequity, it is important to note that in 24 states—nearly half—the level of combined state and local school funding in 2016 remains below pre-recession funding when adjusted for inflation.

We have watched and listened all year to a state-by-state cry for help from a profession of hard-working, dedicated public servants disgusted with despicable working conditions, lack of desperately needed services for their students, and falling salaries.  CBPP concludes its report with a table displaying falling pay between the 2009-10 and 2016-17 school years.  Teachers’ salaries rose in only 8 states and the District of Columbia.  In 42 states salaries, adjusted for inflation, dropped. The collapse in salaries is shocking particularly in the states where salaries have fallen farthest—by 16 percent in Mississippi, 15.6 percent in Colorado, 15.3 percent in Oklahoma, 11.4 percent in Illinois, 11.2 percent in West Virginia,  9.8 percent in Arizona, 9.7 percent in Indiana, 9 percent in Ohio, 8.8 percent in Washington, and 8.8 percent in Virginia.

Talking about education in stark terms like inputs vs. outcomes seems cold. This year striking school teachers have helped us visualize what it means. The Center on Budget and Policy Priorities confirms with solid data what the teachers have been showing us.