Sunday, February 28, 2010

Chapter 70 - Time for Reform

Chapter 70 is a complicated formula created before the Massachusetts Education Reform Act of 1993 (MERA). The formula was intended to achieve both adequate and equitable funding for all of the states' school districts through a combination of increased local funding and state aid; all districts had reached their foundation budgets by fiscal year 2000 (FY00) and a few tweaks were made in 2007. The foundation budget measures the minimum spending level necessary to provide an adequate education in each district based on enrollment, pupil characteristics, and the regional labor market.

But, what is adequate for students?  Today there are greater numbers of students who are not English language proficient and who require special education services.

While there is still legitimate (and considerable) debate about the adequacy of the foundation budget, bringing all districts to foundation spending was a significant achievement. No state, however, has seen public education funded appropriately since FY02, when that budget was built following 9/11 in 2001 and so much federal funding came out of education and other areas and went into defense and homeland security.

In Massachusetts, we had seen modest increases in public education funding in FY07, FY08, and FY09 despite cuts in other areas. This year's budget (FY10) was built with a $5 billion structural deficit. No money means cuts to programs. Terrible cuts. Many human services that people look to government to provide, like roads & bridges, parks & recreation, schools & libraries, and public safety have been cut.

According to Mass Budget and Policy Center, The budget being worked on now, FY11, continues budget cuts from the prior two years and recommends further cuts in several areas. Education/Chapter 70 was spared last year and it is level funded this year. In addition, it relies on continued significant federal assistance and on other temporary revenues, including a modest withdrawal from the state stabilization fund.

Many school districts will not meet their Foundation Budget previously determined to be the minimum amount needed to meet the constitutional obligation to provide an adequate education to students in those districts. This would likely constitute a violation of the state's constitutional obligation to ensure that every school district has the resources needed to provide access to an adequate education. While the state could adjust local and state contributions in several different ways to ensure that every district will spend the Foundation Budget amount, it can not, constitutionally, fail to ensure that every district can spend at the Foundation Budget level that is the minimum needed to provide an adequate education to the students in that district.

Last year, the cut was made not to Chapter 70, but to the Circuit Breaker Reimbursement, thereby side-stepping the constitutional violation. However, no one really knows the true cost of providing each student an "adequate education"; the new achievement gap legislation passed last month includes an adequacy study to determine the amount, so stay tuned.