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Title: Public School Finance


1
Public School Finance
From the NC Superintendent of Schools report 1869
2
2004
3
Federal responsibility for education (US
Constitution)
  • Q67. "Is there anything in the U.S. Constitution
    that guarantees its citizens an education? My
    uncle is being forced to pay for summer school
    for his children by the NYC Board of Education.
    Unless he pays, my cousins are going to have to
    repeat the grade. I see this as an attack on the
    lower classes, who will obviously have a problem
    paying for their 'public school' education."
  • A. There is no constitutional right to an
    education. A state constitution may include such
    a right, but I doubt that being required to pay
    for education would be considered a violation of
    that right. The problem with something like your
    uncle's situation is that, to be blunt, if a
    child does not apply himself enough during the
    school year to pass from one grade to the next,
    is it the school's responsibility to pay for that
    child to have remedial classes to move along? I
    suspect not after all, if your uncle does not
    wish to pay, the kids could just repeat the grade
    for free.
  • http//www.usconstitution.net/constfaq_a4.html

4
Every state system is a balance of federal,
state, and local funds.
What would you predict would be the relationship
between this mix of funding in a given state and
the differences between school district resources
within that state? What about within a given
school district?
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North Carolina 2004 What the Federal Dollars go
towards (the 8.6 of overall education funds in
NC)
These are the dollars that are tied to NCLB Only
about 675M
8
The 12th fastest growing state 18,000 more
children per year for the last 5 years 25
counties have 82 of the growth (10 counties have
lost population)
North Carolina!
Asheville
In the past decade the Hispanic population has
increased by 612
Important Acronym ADM is average daily
membership (attendance) in a school
9
One of the works of THE WOMAN'S ASSOCIATION FOR
THE BETTERMENT OF PUBLIC SCHOOL HOUSES IN NORTH
CAROLINA.
The object of this association shall be to unite
the women citizens of North Carolina, for the
purpose of awakening their interest in the
improvement of public school houses in our state.
It will undertake to have local associations in
every county. Through these it will endeavor to
interest a volunteer association in the
neighborhood of every public school house, which
will help to beautify the premises by planting
trees and flowers, placing pictures on the walls,
or otherwise improving the school environment of
our future citizens to furnish entertaining and
instructive amusements and to encourage the
establishment of local public libraries.
Pleasant Hill School, Henderson County NC old
and new (1902).
10
docsouth.unc.edu/nc/butler/butler.html
11
NC Statistics giving a sense of the business of
public school
92,890 students are in private schools 51,571
are home schooled these represent 11 of public
school enrollment.
12
Its worth remembering that most NC middle-aged
adults attended racially segregated public
schools.
13
Public Education Matters in the NC economy!
  • Largest expense in the state budget (40.8)
  • A business of 8.5B
  • Largest employer in most counties
  • Provides transportation that covers 155,464,615
    yearly miles
  • Provides recreation to 145,000 students
  • Provides counseling (4,045 counselors and
    psychologists)
  • Provides food 150,089,760 yearly lunches.

14
NC Public School Forum 2004
Additional funds for education that NC would have
if it spent at the national average.
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North Carolina 2004
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NC Funding Process The responsibilities of the
state
  • The State sets teacher pay schedules
  • The state pays whatever is required to hire a
    (locally chosen) teacher or principal based on
    position allotments. The state will pay whether
    the teacher is brand new -- 25,250, or a 30-year
    veteran with NBPTS -- 58,440.
  • The state will pay a fixed amount to each
    district/per child for textbooks (51.45),
    teacher assistants (15,719), and central office
    administration do you see why consolidation has
    been so popular?
  • CATEGORICAL ALLOTMENTS are for specific needs and
    groups transportation, disabled children,
    at-risk children (Special Education 2612 per
    child)
  • There is a State curriculum
  • There is State testing
  • There are State assistance teams that take over
    failing schools

Allotments are based on ADM
18
This funding is the result of multiple court
cases and legislative initiatives
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North Carolinas constitution
  • North Carolina constitution
  • http//statelibrary.dcr.state.nc.us/NC/STGOVT/arti
    cle_vii-xiv.HTMIX
  • ARTICLE IX
  • EDUCATION
  • Section 1. Education encouraged.
  • Religion, morality, and knowledge being necessary
    to good government and the happiness of mankind,
    schools, libraries, and the means of education
    shall forever be encouraged.
  • Sec. 2. Uniform system of schools.
  • (1) General and uniform system term. The General
    Assembly shall provide by taxation and otherwise
    for a general and uniform system of free public
    schools, which shall be maintained at least nine
    months in every year, and wherein equal
    opportunities shall be provided for all students.
  • (2) Local responsibility. The General Assembly
    may assign to units of local government such
    responsibility for the financial support of the
    free public schools as it may deem appropriate.
    The governing boards of units of local government
    with financial responsibility for public
    education may use local revenues to add to or
    supplement any public school or post-secondary
    school program.

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From Courthouses to Schoolhouses Emerging
Judicial Theories of Adequacy and Equity.
Verstegen, D.A., Whitney, T. Educational Policy ,
Vol. 11, No. 3, September 1997.
  • Three waves of litigation
  • http//www.edsource.org/edu_fin_res_verstegen.cfm

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  • 19601972 The first wave of school finance
    litigation. In federal court,claimants alleged
    that disparate state school finance systems
    violated the equal protection clause of the U.S.
    Constitution.
  • U.S. Supreme Court Rodriguez decision effectively
    halted further challenges in federal courts.
  • (Savage Inequalities chapter 6)

25
Second wave of litigation
  • 197288 State courts. Litigants claim that the
    school finance system violated the states
    education and/or its equal protection clause.
  • California, New Jersey, Wyoming, Connecticut,
    West Virginia.
  • The courts found in favor of the plaintiffs in
    all five. Adequacy and equity standards for (each
    states) public education system adopted in each.

Note Kozol pps. 207-209 foundation program
financing
26
Third Wave
  • 1989present State courts moved into new legal
    territory during the third wave, as demonstrated
    by rulings in Kentucky, Texas, Montana, and New
    Jersey.
  • Some courts redefine the constitutionally
    required level of education a state must provide
    from a minimum education to a quality education.
    (North Carolinas Leandro case)
  • Courts determined constitutional compliance by
    looking at both input and outcome indicators.
  • Interpretation of the education article of their
    states constitutions opened the door to broad
    school finance reform across the country.
  • Courts focus on adequacy in addition to equity,
    while calling for major systemic reform.
    Sufficiency of funding and its distribution are
    at issue.

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WE REALLY DIDN'T REALIZE IT WOULD BE A REALLY
BIG DEAL'
  • JACK BETTSStaff Writer
  • RALEIGH - 11 YEARS LATER, PLAINTIFF ROBB LEANDRO
    RECALLS START OF FAMOUS SCHOOLS CASE
  • Published June 26, 2005
  • Robb Leandro remembers the day it all began. His
    mother had picked him up after baseball practice
    at Hoke County High School in the spring of 1994.
    She had some news.
  • My mom told me the superintendent of schools had
    called, he says. There might be a case filed
    and they were looking for plaintiffs.
  • They found one in 15-year old Robb Leandro, a
    bright student in one of the state's least
    wealthy counties and one of its poorest school
    districts.
  • They were a group of the state's savviest
    lawyers. And they were looking for evidence that
    the state's school system didn't deliver an
    adequate education to all its students.
  • They found plenty in five low-wealth school
    districts - Hoke, Halifax, Robeson, Cumberland
    and Vance county schools. Hoke schools'
    superintendent Bill Harris suggested they talk to
    the Leandro family of Raeford.
  • And since the day in May 1994 they filed a
    lawsuit challenging the way North Carolina
    educates its public school students, Robb
    Leandro's name has been in the news regularly.
  • But no one knew then that this lawsuit could
    possibly take so long.
  • May 1994 School boards from Hoke, Cumberland,
    Robeson, Halifax and Vance counties sue the state
    claiming that children in their systems do not
    receive the same educational opportunities as
    students in wealthier districts. The suit takes
    the name of the lead plaintiff, Robb Leandro, a
    student at Hoke

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  • April 1996 The Court of Appeals dismisses the
    lawsuit, saying the state constitution does not
    guarantee equity or quality in public schools.
  • July 1997 The state Supreme Court overturns the
    Court of Appeals and restores the case. The
    Supreme Court rules that every child has a
    constitutional right to a "sound, basic
    education."
  • September 1999 The trial begins with Superior
    Court with Judge Howard Manning Jr. presiding.

32
  • After 11 years of litigation and two major N.C.
    Supreme Court decisions - one upholding the right
    of every student to a sound basic education, and
    the other defining what the state would have to
    provide - the N.C. General Assembly is struggling
    to determine how much money it should spend on
    low-wealth districts as well as on urban
    districts that enroll large numbers of low-income
    students.
  • Wake Superior Court Judge Howard Manning, who
    expects to oversee the Leandro case the rest of
    his days on the bench, is keeping the heat on
    state officials.
  • He is pushing them to respond adequately to the
    courts' requirement to provide qualified teachers
    in every classroom, a competent principal in
    every school and sufficient resources for every
    class - but he has resisted telling them how much.

33
  • Oct. 12, 2000 Manning rules that the state
    system for school funding is adequate and
    constitutional but leaves open the question of
    funding to poorer districts.
  • Oct. 26, 2000 Manning rules that the state must
    provide pre-kindergarten programs for 4-year-olds
    who are at risk for academic failure.
  • March 2001 Manning orders the state to come up
    with a plan to better serve students at risk for
    academic failure. He gives the state a year to
    come up with a plan to better address the
    problem.
  • April 2002 Manning rules that the responsibility
    of providing equal education to all students lies
    with the state. He orders the state to "remedy
    the Constitutional deficiency for those children
    who are not being provided the basic educational
    services" of competent, well-trained teachers,
    good principals and sufficient funding.

34
  • At the Superior Court level, all parties agreed
    that End-of-Grade (EOG) and End-of-Course (EOC)
    testing was an appropriate measure to determine
    whether the Leandro standards were being met. The
    State argued, however, that Level II (below grade
    level) was adequate, while the individual school
    districts, or local education agencies (LEAs),
    argued that Level III (grade level) should be
    used as the baseline standard. The Superior Court
    found the LEAs argument more compelling.
    Statewide EOC and EOG clearly illustrated that
    Hoke County scores, along with many others, have
    consistently been terrible. This trend
    continued through the 2000-2001 school year.
    Consequently, Leandro established that the
    education being provided to these students was in
    violation of their right to a sound, basic
    education.

35
  • In its verdict, the Superior Court found first
    that the provision of a sound, basic education is
    incumbent on the state because the North
    Carolina Constitution clearly provides that it is
    the obligation of the State to provide each and
    every child with the equal opportunity to obtain
    a sound basic education. That obligation includes
    not only funding, but providing assistance to the
    LEAs who are not carrying out their duties in
    regard to the sound basic education.4
  • The Court based this conclusion on the fact that
    the LEAs are merely constituent branches of the
    State, created for the States convenience in
    administering its constitutional obligation of a
    sound, basic education to every child.
    Consequently, when an LEA fails to meet that
    standard, responsibility devolves to the State.
    Upon these findings, the Superior Court, in
    accordance with Leandro, Ordered the State, not
    the LEAs, to fix the deficiencies that exist with
    at-risk children.5

36
  • Each school must have a good principal that is an
    effective, energetic, motivated leader. An
    integral facet of being a "good principal" is
    engaging in regular, high-quality professional
    development.
  • Each classroom must have a good teacher who is
    competent, certified, effective and energetic.
    Competent teachers are fully equipped to assess
    their students accurately and then modify the
    curriculum to meet each child's special needs.
    The State must ensure that all students are
    taught by teachers working within their field of
    expertise. Further, staff development and
    on-going training for teachers is essential and
    necessary.

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  • No single educational method or program is
    necessary. There are many efficient ways to
    teach, provided that they all cover the Standard
    Course of Study in a focused manner.
  • A safe and orderly environment in the School is
    essential in order for students to learn.
  • High expectations of teachers and students are
    essential.6

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