PUB LIC TESTIMONY

































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Public Testimony 2003

New York State Assembly Education Hearing Testimony

Given by: Noreen Connell, Executive Director for the Educational Priorities Panel
September 12, 2003 New York


Good morning. My name is Noreen Connell. I am the Executive Director of the Educational Priorities Panel, a coalition of twenty-eight civic, parent, and religious organizations that have worked together for over twenty-seven years to improve the quality of public education for New York City’s children through driving more resources to the classroom.

Thank you for holding this hearing. EPP has lasted so long as a coalition because we are narrowly focused on budget and administrative issues and their impact on school children. We do not "do" discipline, curriculum, or governance because some of our member agencies hold diametrically opposite positions on these issues. But now that mayoral control is in place and the Children First plans have been implemented, EPP can begin to evaluate the impact of this new administrative structure on the school system.

I want to begin my testimony with an important proviso. There will be unanticipated consequences of these changes that will not be clear for a number of years. One of the least popular reports issued by the Educational Priorities Panel was its 1981 study, School Decentralization in New York City. It attempted to answer why parent organizations lost leverage in this governance change and why some community school districts were losing a focus on curricula and instruction. At the time, these questions were somewhat embarrassing, because decentralization was supposed to increase parental input and instructional innovation. Mayoral control is supposed to increase accountability and a focus on instruction. Five years from now, undoubtedly, we will all have a better understanding than we do today about whether the new structure is accomplishing these goals, but today here are

EPP’s perceptions of what has taken place so far:

Administration
The most dramatic change is that a large, politically powerful mid-level bureaucracy – that came into existence starting in 1898 – has been replaced. Much attention has been given to the streamlining of a mid-level bureaucracy under Children First. But a much more important aspect of the new administrative structure is that it is a bifurcated structure. Ten Regions and Learning Support Centers focus on instructional tasks while six Operational Centers focus on non-instructional tasks.

* Positives
At first blush, it appears that more mid-level administrators have been allocated to instructional tasks. Over one hundred superintendents have replaced fortysuperintendents. Instead of one superintendent having to manage the performance of thirty to fifty schools, each superintendent will be working with only ten schools. Children First
appears to have lived up to its pledge of putting more effort into student instruction.
 
 
 
* Negatives
The advantages of bifurcating tasks have not been provided to school level administrators. As early as January of this year, EPP urged the Mayor and the Chancellor to duplicate the system we saw in England and Scotland, where a strong central bureaucracy was balanced by a strong management team in each school. Even in small schools with only 200 students, we saw that there was always a bursar on staff. We understand that there was an internal discussion among the Chancellor’s staff as to whether a similar position, a "business manager," should be created for every New York City public school, but by spring a decision had been made that the only new school-level staff members were to be curriculum coaches and parent coordinators. This person handled all the non-instructional tasks for the head teacher and assistant heads. Without a business manager at the school level to take up many of the tasks formally performed at the community school district level, principals will have less time to focus on instruction than before.

Large high schools with assistant principals for administration will be able to cope, but we are most concerned with small elementary schools. We understand that some principals have recently been allowed to hire business managers, but that these funds have to come out of their school budgets, possibly at the cost of an additional teacher or program. EPP applauds the addition of school staff members, curriculum coaches and parent coordinators, but we continue to strongly recommend that every school should be provided with extra funds for a business manager in order to free up the time of principals and assistant principals to focus on instruction. If this administration wants to manage instruction, it cannot only be done by mid-level managers, it must also be done at the building level.

Resources
One of the key tests of the efficacy of the new governance structure is whether the Mayor and the Chancellor will play a leadership in shaping and negotiating the CFE remedy. It is not enough to criticize the timing and composition of the Governor’s Commission. I am concerned, but so far not unduly alarmed, that the evidence presented during the trial about inadequate resources for New York City’s school children is not being sufficiently addressed in discussions about possible remedies. Board of Education officials and experts testified at length about large average class sizes, school overcrowding, poor environments for learning, and inadequately trained teachers. Will these problems be solved? Now that the first stages of Children First have been implemented, the Mayor and the Chancellor need to articulate where investments are needed in the K-to-12 system to provide an adequate education for the city’s children.

Another test will be whether the Maintenance of Effort provision will have to be invoked in a future budget year. The Stavisky-Goodman law, riddled with loopholes, was inadequate protection against the city’s attempts at supplanting its own contribution whenever additional state and federal funds were available. The new MOE closes those loopholes. But some city budget officials are attempting to create a new loophole by asserting that the law only applies to the adopted budget on July 1, but not subsequent amendments. Hopefully, since New Yorkers can now hold the Mayor responsible for cuts at the school level, there will be no need to test the provisions of this new maintenance of effort law.

So far, the evidence of increased resources for schools is more mixed than EPP would have anticipated.

* Positives Given the huge projected budget gaps at the city and state levels earlier this year, it is remarkable that the Department of Education ended up with $30 million more than last year. In contrast to the pattern under Mayor Giuliani, the city budget cuts to the public school system were smaller than cuts to most other mayoral agencies rather than being larger.

* Negatives In the last round, city capital budget cuts were not balanced between repairs and reduction of overcrowding, but instead were entirely absorbed by the cancellation of new construction projects. This will perpetuate school severe student overcrowding for years. Two-thirds of the students affected by overcrowding are Latino/a and Asian. Immigrant communities have taken the brunt. Hopefully, the new regional structure will allow for better use of existing classroom space, but for the boroughs of Queens and parts of the Bronx, Brooklyn and Manhattan, no amount of reconfiguring the grade organization of schools will solve overcrowding. The state must reform Building Aid so that it no longer provides the city with a disincentive to build new schools.

Another negative under the new governance structure is that some past budget practices affecting schools have clearly continued. While Chancellors Fernandez, Cortines, and Crew shielded schools as much as possible from large budget cuts, Chancellor Levy did not. Chancellor Klein has maintained the same policy as Chancellor Levy. A comparison of EPP’s pie charts of total budget allocations for the school system for FY ’03 and FY ’04 shows that the proportion of funding for administration dropped from 5 percent to 4 percent, an achievement. However, the share of funding for instruction also dropped from 55 percent to 54 percent. There was no sizable shift of resources to the school level. Instead, savings from personnel cuts at the school level (reductions in school aides and paraprofessionals) partially funded additional personnel at the school level.

Another budget policy that has continued is to increase the number of children in the classroom so that the number is just under the UFT collective bargaining agreements on maximum class size. During bad budget years, "breakage" has been implemented in such a way as to create the largest class sizes possible in order to reduce the numbers of teachers needed to staff the schools. We were fearful that this would happen this year, and initial reports from some parents seem to confirm that children’s classes appear to be larger than last year.

Accuracy and Transparency
Accountability is a term that I don’t particularly like to use, because it has so many different meanings. Rather than going into a mini treatise about this loaded word, let me just plead for the basic necessity of having good, honest information about budget and how well our students are doing. The jury is out on how governance changes have affected the quality of information.

* Student Performance It was recently discovered that for years the Houston school district was tolerating Enron-type accounting of its high school dropout rates. Large high schools with suspiciously small graduating classes were reporting zero or a negligible number of dropouts. Since the last two years of the Giuliani administration, EPP and our member organizations, most notably Advocates for Children and the United Parents Association, have been hearing anecdotal reports that professional staff at the school level are encouraging students to go to GED programs, even though many of them are too young to gain admission into most of these programs. Another related problem is that once a low-achieving student drops out of high school, it is often very difficult for that student to gain admission to a new school, even an "alternate" high school. I had ascribed the increase in these types of reports to merit pay for principals, but I am told that the formula is so convoluted that most principals ignore the criteria for this bonus and are simply are trying to improve their annual performance evaluations. Whatever the motivation is for this type of "push out" behavior, the Chancellor has the management tools, such as the development of new performance indicators, to curb incentives to "push out" students or miscategorize drop outs. Even though school staff are now under the gun to improve their schools’ student test score averages, it helps no one to tolerate Enron-type accounting. EPP would like to see the Chancellor take action, even though he inherited this problem from another administration.

* Budget Documents
By the beginning of every school year, EPP would receive a copy of a budget allocation memorandum that was as thick as the Minneapolis phone book. Though I dreaded having to read through it, after a five to eight days I would have some idea of how funds from the federal, state, and city level trickled down to the school level. I must now admit that I miss BOR #1. When I visit the Board of Education web site every couple of days, there are only a handful of allocation memoranda to download. The torrent of budget documents have become a tiny stream. When I have questioned the Board of Education’s budget staff about this, I am told to be patient and that more memoranda will be issued. But the additional and more serious problem is that the budget memos that I have read are written to be "user friendly" for school staff, but now don’t always include complete narrative descriptions or the total funds that the Board of Education have received for a given purpose.The day that schools opened, I received a call from a CBO administrator who runs a small after-school program. He informed me that his program now has to pay a fee to the school for using the facility from 3 p.m. to 6 p.m., according to Region 2 administrators. The CBO administrator has already recruited students for his programs, but has no funds in his budget for opening fees. This appears to be a reversal of a policy initiated by Mayor Dinkins, as a result of a clause in state law, to provide access to CBO’s at the lowest cost possible. I then realized that a $5 million cut to "after-school programs," which I had been lead to believe would close down poorly-run after-school programs, may have resulted in these new, unannounced fees. I mention this incident to you, not only because I want to delve more deeply into whether a long-standing agreement with the state legislature has been broken, but also because there was no advance notice that these fees were going to be charged. The information about this $5 million budget cut was vague. Was this meant to preclude any chance to reverse this policy? Schools in the rest of the state are used as vital community centers after the school day has ended. It is not fair to CBO’s or to taxpayers that there is an effort once again in New York City to close the schoolhouse door after 3 p.m.
 
Note: In oral testimony at the September 12 hearing, Noreen Connell stated that because of computer problems, she had been unable to make editing changes in the written testimony she submitted and that she would subsequently submit corrected copy.

This corrected copy reflects these editing changes as well a few clarifications of language and the following two corrections.
1) Subsequent to the hearing, Ms. Connell was informed that there had been widespread misinformation about opening fees for CBO’s, but that Dr. Lester Young’s office had informed all Regional Superintendents that no such policy was in effect.
2) In oral testimony at the September 12 hearing, Noreen Connell stated that even though the share of total allocations of the Board of Education devoted to administration had shrunk by 1 percent in the FY ’04 budget, the share devoted to instruction had also been reduced by 2 percent. Subsequent to the hearing, Ms. Connell reviewed once again for accuracy the Board of Education allocation budgets for FY ‘03 and FY ’04 (adopted at the beginning of the fiscal year) and found that the share devoted to instruction had been reduced by only 1 percent in FY ’04. Allocations to instruction have been reduced in FY ‘04 by about $90 million.


EPP’s methodology is to reallocate "fringe benefits" to different functions rather than to retain it as a separate budget category. For FY’03, all but $17 million in the category "collective bargaining" was reallocated to instruction to reflect the UFT collective bargaining agreement. Attached to this corrected testimony are:
* EPP’s analysis of the city’s additional contribution for FY ’04;
* EPP’s worksheets of budget allocations for FY ‘03 and FY ‘O4 used to prepare "Where Does the Money Go."

 

POLICY ON USE OF MATERIALS ON EPP WEB SITE: Individuals and organizations are free to reproduce and/or forward information contained on our web site without prior permission, but we ask that the Educational Priorities Panel be cited as the source of the information. For puposes of clarity, we recommend:
1) when reproducing pie charts and graphs, all the information that appears on them should also be reproduced and
2) when reproducing reports, footnotes should also be included.