McCleary Almost Done

The latest decision from the court is available here.

The slide deck this particular image is from is available here. This was used in the November 16, 2017 House Appropriations Committee meeting and is another excellent product from Jessica Harrell, the education expert serving Appropriations – someone I depended on for many years.

It’s pretty exciting to see the progress being made towards adequacy and equity in the education funding system. This isn’t an optimal solution from my point of view, but it’s vastly better than what the system looked like in 2002 when I got peeved enough about it to run for office.

It was worth 13 years of my life to get this done. We now have full-day Kindergarten in every school in the state, not just the ones in rich suburbs that could afford it. Class sizes in K-3 are much more reasonable. Schools have enough money to cover reasonable transportation costs and the cost of materials and supplies they need to run a school. Most particularly, salaries are addressed so that there isn’t a huge disparity between districts.

I have quibbles about the details. It’ll need tweaking over time. It’s half of the state budget, so the Legislature should pay attention.

McCleary Phase II

The Legislature has made significant progress toward fully funding basic education. In the last three years, we’ve reduced K-3 class sizes, funded all-day kindergarten, and provided kids adequate materials and supplies for their classrooms. But there’s one critical and final component we must deal with – teacher compensation and local levies. The chart below should start to explain the problem.

Average Salaries for TeachersThis chart shows how teacher salaries have been constructed since 1996. The gray portion at the top is the part provided by local levies, not by the state.

Teacher salaries aren’t the only cost. School districts also pay classified staff and administrators, and the split between state and local funding is even greater for these categories than it is for teachers.

There are lots of reasons for this. Some make sense given how the system works and some are the result of the legislature skipping cost of living (COLA) increases during the recent recession. When the Legislature doesn’t fund COLAs, but the local district wants to fund them (in order to actually be able to hire competent teachers) they use money raised in local levies to do so. If it was just extra, above and beyond what is needed to actually be able to hire, this would be expensive, but not a constitutional problem. However, every study that we’ve done shows that they’re paying just about what the market needs them to pay to be able to hire and retain competent employees. The court ruled this unconstitutional because it’s the State’s responsibility to adequately fund basic education, and we’re shirking that duty by foisting part of the cost on local districts. Continue reading “McCleary Phase II”

Ross’ Statement on August McCleary Order

funded class sizeThe Supreme Court released a new order in the McCleary case this morning, holding the state in contempt and fining it $100,000 per day (to pay for basic education) until it resolves the remaining issues, including both the unconstitutional dependence on local levies to pay for basic education personnel costs and the cost of construction of new classroom space. They also expressed concern about the pace of the phase-in of class size reductions.

It’s important to know that the phase-in plan in the budget we passed this year completely pays for the class size reductions called for in the McCleary order. The court recognized the work done by the Legislature in funding class size reductions, but seems to be concerned about the phase-in of lower class sizes.  There is some confusion in how the cost of this investment is described in various documents, and we will work with the court to clarify this. The attached chart shows the level of funded class size and those recommended by the task force the court refers to.

House Democrats proposed a joint process to resolve the personnel cost issue with the Senate and Governor’s office and passed legislation (HB 2239) putting the process in place on June 26th. The Republicans in the Senate refused to take up the bill or offer any alternative.

I share the court’s concern about finalizing the plan sooner rather than later. Governor Inslee has called a meeting of all four caucus leaders for Monday to create a public process to resolve these issues expeditiously.

Senate Budget – Unconstitutional Fund Transfer?

In the Senate Republican budget they transfer $166 million of the “Common School Construction Fund” into the operating budget. The Treasurer does not believe he has the constitutional authority to make this transfer and has said so publicly. The Senate Republicans are waving a letter from their staff attorney that says it’s all right. I’m not a lawyer, but the arguments from the Senate staff sounded like counting angels dancing on the head of pins.

The constitutional language in question is in Article IX, Section 3

There is hereby established the common school construction fund to be used exclusively for the purpose of financing the construction of facilities for the common schools. The sources of said fund shall be: (1) Those proceeds derived from the sale or appropriation of timber and other crops from school and state lands subsequent to June 30, 1965, other than those granted for specific purposes; (2) the interest accruing on said permanent common school fund from and after July 1, 1967, together with all rentals and other revenues derived therefrom and from lands and other property devoted to the permanent common school fund from and after July 1, 1967; and (3) such other sources as the legislature may direct. That portion of the common school construction fund derived from interest on the permanent common school fund may be used to retire such bonds as may be authorized by law for the purpose of financing the construction of facilities for the common schools.

Continue reading “Senate Budget – Unconstitutional Fund Transfer?”

Education Bills and Background

School bus pictureLots has been happening on the education front this year, though the most important thing is happening in closed rooms as the House and Senate work out their budget proposals. I sat on a school funding panel in front of the Washington State School Directors Association today with Sen. Bruce Dammeier (R- Puyallup), Rep. JT Wilcox (R-Yelm), and Sen. Andy Billig (D-Spokane.)

All of us were willing to make substantial investments in K12 education funding, though we all had weird conditions and our numbers were all over the map, ranging from $900 million for the House Republicans to $1.4 billion from me, the amount specified by the Joint Legislative Task Force on Education Funding this summer. I take this as a hopeful sign – they’ve all figured out that we have to invest in a quality system in order to get the results that we want.

Continue reading “Education Bills and Background”

Legislative Update

We’ve gone through the first week. The governor and the state-wide officials have all been inaugurated, I fit into the same tuxedo I got married in 23 years ago for the inaugural ball, the Senate is in uproar about Senator Tom’s defection and the consequent change in partisan control, the sun came out (briefly) in Olympia, and we are back to work. The only real surprise to me was the tuxedo fitting.

The Senate is controlled by Republicans due to Democratic Senators Rodney Tom and Tim Sheldon caucusing with them. Sen. Tom is the “majority leader” and Sen. Sheldon has a leadership role. I’m not sure how this will work out in the end but it’s gotten a lot of press. We have successfully negotiated a bipartisan budget for the last two years that I have been budget chairman, and I expect that to continue. The change in control of the Senate does not affect the budget as much as you might expect. It may have a profound effect on issues like women’s healthcare, gun safety and those that have more partisan differences of opinion. I am withholding judgment until the end of the session and we see how things work out.

We have three big tasks this year that we must complete, plus a few additional projects many of us would like to get to if we complete the important work.

  1. Adopt a budget that balances for both 2013-15 and 2015-17 in order to comply with the strongest balanced budget requirement in the country. (It’s interesting to note that the state has adopted balanced budgets every year since 1889 without this requirement so maybe it wasn’t as important as people thought it should be…)
  2. Resolve the supreme court’s requirement in the McCleary case that we live up to the constitutional requirement to “amply provide for the education of all children.” Current estimates are that this will require about $4.5 billion every two years by 2018, and we must make “steady progress” towards meeting this goal.
  3. Work out all the details of the Medicaid expansion enabled by the federal Affordable Care Act (Obamacare.) This will cover nearly 350,000 additional people in Washington and save the state over $100 million a year. The health insurance exchange will cover an additional 400,000 or so people, leaving almost everyone in Washington covered.

I’d like to adopt a transportation package that finishes the funding for the West end of the 520 project and invests in other important transportation infrastructure, but this should come after we address the base budget issues and McCleary. I’d also like us to take reasonable steps forward on gun safety in light of the recent spurt of mass killings, but this will be difficult as there are substantial differences between members on the issue. Perhaps the US Congress will be more functional than the Legislature on this topic, but that would be a real surprise.

This newsletter is made up of several recent blog postings I’ve done. If you’re interested in the topic you should be able to click through to the website to see the rest of the article. I find that if I share everything I write with you that the parts at the end don’t get read. Perhaps I should take this as a sign, but I can’t help myself.

For more posts that didn’t fit into this newsletter, and the stuff I post during session you can read my website.

Budget Outline

The current economic outlook calls for modest growth, but growth in tax revenue slower than our obligations. Our current projections show a shortfall of $904 million in the 2013-15 budget.

2013-15 balance sheet

The cryptic “NGFS + Op PW” title in the spreadsheet stands for “Near General Fund plus Opportunity Pathways” accounts, and is the sum of most state taxes that go into the overall budget. “BSA” stands for “Budget Stabilization Account” or the rainy day fund. We can’t spend this fund without a super-majority vote, so the problem is $904 million, not the $349 million on the bottom line.

Many changes will happen to this budget before we are done, including the addition of the McCleary obligation. Adding all the problems together nets you about a $2.8 billion problem.

Keep reading about the budget… 

What’s the “McCleary Problem?”

In 2012 the Washington State Supreme Court found that Washington State was not funding our education system at anything close to the level the constitution requires. Just before the holidays the court opined again, that

“the overall level of funding remains below the levels that have been declared constitutionally inadequate.” (Washington State Supreme Court, 2012)

On the Legislative side the Joint Task Force on Education Finance report issued in December 2012 detailed an eventual cost of about $4.5 billion dollars per biennium in additional funding needed to meet the court’s definition of “constitutionally adequate.” Arguments that the court isn’t talking about funding are belied by the quote above.

Despite protestations to the contrary, this session the Legislature needs to make steady progress towards completely meeting the court’s requirement by 2018. There are 5 school years between now and 2018, and “steady progress” means we get about 2/5ths of the way to the complete solution, or about $1.7 billion.

I personally do not believe that just adding additional money to the system will resolve all the problems we face, particularly with respect to the achievement gap faced by many low-income students. The funds are necessary, but probably not sufficient to improve matters significantly. The same can be said about the proposed accountability changes. I believe we can do both, and have significant results. There will be much negotiation this year to come to a resolution.

For more information read What’s in McCleary?

Gun Safety

I’ve held off commenting on gun safety because I wanted to think about it for a while after the Sandy Hook incident. Writing new policy in knee-jerk response to a single incident typically is a bad idea. However, there have been enough incidents that I think we need to respond and create a safer place to live.

I have already received a lot of email on this issue and I try to address most of the issues that have come up. These are addressed in the actual blog post – there have been a LOT of issues raised.

Some people think about this issue from a “rights” perspective – “I have a constitutional right to own whatever kind of firearm I want” and some from a public health perspective – “it turns out to be a bad idea to let people with unresolved mental health problems or domestic violence issues, felons, and children own dangerous weapons.” We can balance these two perspectives in reasonable ways.

  • Ensure that people with domestic violence restraining orders, mental health issues, etc. are unable to purchase guns by requiring background checks on all gun purchases, including those at gun shows.
  • Keep guns out of the hands of small children and other unauthorized people by creating some kind of “safe storage” requirement. If you are going to keep a gun in your house or car you should be responsible to ensure that children do not have access to it.
  • Reduce the availability of military capacity guns that can fire many rounds very quickly. This is an extension of the principle we use in banning the private ownership of machine guns, bazookas and tanks and would fall under the supreme court’s definition of “unusual and dangerous” weapons. I believe this is a problem that can best be addressed at the federal level, not at the state level. I have no detailed knowledge of Sen. Feinstein’s bill or President Obama’s proposal and cannot comment on the specifics other than to say that it is an issue in the other Washington, not this one.
  • And, on a more personal note, I would feel more secure if most people (including elected officials, but not the numerous state patrol officers stationed at the capitol) were prohibited from carrying firearms on the floor of the House. A surprisingly large number of people who are not off-duty police officers feel a need to carry concealed pistols in a building filled with children, tour groups and sometimes angry protesters. The likelihood of accidents seems high.

For the much longer post read Gun Safety in Washington.

Education Voters Public Forum – Tuesday Jan 22nd

I’m appearing with Senator Steve Litzow at a forum hosted by the League of Education Voters on Tuesday of this week. I don’t expect the event to be a formal debate, but Steve and I will lay out some differences between the positions our caucuses have, and talk about the possibility of compromise and what that might look like. (I recognize that “compromise” is a word that is vanishing from our political lexicon, but in this Washington we try to maintain a quality vocabulary.)

Formal press release:

The League of Education Voters is hosting a forum to discuss education in Washington state with Rep. Ross Hunter and Sen. Steve Litzow on Tuesday, Jan. 22 from 7 to 8:30 p.m. at the King County Library Administration Building. (960 Newport Way NW, Issaquah)

The forum will allow residents to learn more about competing visions for funding public education in Washington.

During the event, participants will hear about the current budget shortfall, the costs associated with meeting the McCleary decision by 2018 and a comparison of the different legislative approaches to address the issue.

The forum is free and open to the public. Please register by emailing info@educationvoters.org. There will be more of these events.

What’s in “McCleary?”

In 2012 the Washington State Supreme Court found that Washington State is not funding our education system at anything close to the level the constitution requires. Just before the holidays the court opined again, that

“the overall level of funding remains below the levels that have been declared constitutionally inadequate.” (Washington State Supreme Court, 2012)

On the Legislative side the Joint Task Force on Education Finance report issued in December 2012 detailed an eventual cost of about $4.5 billion dollars per biennium in additional funding needed to meet the court’s definition of “constitutionally adequate.” Arguments that the court isn’t talking about funding are belied by the quote above.

Despite protestations to the contrary, this session the Legislature needs to make steady progress towards completely meeting the court’s requirement by 2018. There are 5 school years between now and 2018, and “steady progress” means we get about 2/5ths of the way to the complete solution, or about $1.7 billion.

Continue reading “What’s in “McCleary?””

Budget Outline 2013-15

In 2013 the Legislature has three big budget problems to address. It may be that there are other issues for the Legislature (gun safety, mental health, transportation…) but as the budget chair I have an odd focus on what I’m responsible for.

  1. Balance the 2013-15 budget, plus make sure that the 2015-17 budget is structurally sound. We start with a $904 million shortfall and have to address the two issues below, plus comply with the strongest 4-year balanced budget requirement in the nation.
  2. The Supreme Court’s 2012 McCleary decision has major impact on school funding decisions and adds $1.4 billion to the already difficult problem.
  3. The Medicaid expansion called for by the federal Affordable Care Act (ACA) is complex, but provides us with the opportunity to cover hundreds of thousands of Washington citizens and save hundreds of millions. Implementation decisions will be difficult given the campaign rhetoric, but I believe we will get there.

The political situation in the state Senate will make resolution more interesting and create a lot of political theater. I look forward to negotiating a rational solution.

For a printable version of this post click here.

Boring post about Joint Education Financing Task Force

For those who are interested the state is maintaining a website with information about the meetings the task force is holding. You can sign up at this website for notifications of meetings, perhaps the most interesting part of what is, for now, pretty empty and forlorn.

http://www.leg.wa.gov/jointcommittees/EFTF/Pages/default.aspx

Tax Incidence in Washington

Map: State-Local Tax Burdens and Ranks by State, 2009 The Tax Foundation
State and Local Tax Burdens as a percentage of personal Income by state in 2009 Source: The Tax Foundation

(9/25/2014 Fixed link to DC study and updated it to the 2012 version.)

There were a number of questions asked in today’s K-12 Finance Task Force meeting about how taxpayers in different income strata experience Washington’s tax system. I’m providing some links to interesting data while we wait for more up-to-date information from the Office of Financial Management, which their representative Julie Murray promised in Sept-Oct.

Continue reading “Tax Incidence in Washington”