Category Archives: Mandate Monday

Mandate Monday: Let’s talk about Triborough

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It’s time to discuss what is arguably the single most divisive mandate in New York state.

The Triborough Amendment to the Taylor Law requires existing or expired contracts to remain in effect while new contracts are being negotiated. This means that employees continue to receive “step” increases based on longevity during contract negotiations.

Those who oppose Triborough say it gives public employee unions little incentive to come to the negotiating table, since the amendment ensures employees still receive annual step raises even if contract negotiations remain at an impasse for several years.  Thus, salary costs continue to rise even after a contract has expired – especially troubling to public employers in this time of fiscal crisis across the state.

Those who support Triborough feel it actually levels the bargaining playing field because it prohibits public employers from drastically cutting salaries and crucial benefits for their employees during the contract negotiation period. Thus, employees and management come to the negotiating table with equally balanced power.

As of May 18, five school districts had suggested the governor’s Mandate Relief Council review the Triborough Amendment, making it the mandate most requested for discussion.

And interestingly enough, the Siena Research Institute just released a poll that concludes most New Yorkers want the state to keep the Triborough Amendment, but trash the Taylor Law (probably best known as the law that prohibits the state’s public employees from going on strike).

If the Mandate Relief Council brings Triborough up for debate, the discussion will undoubtedly be fascinating to follow. But right now, we on the Education Speaks team would like to give you a head start.

What do you think about the Triborough Amendment? Do you support or oppose it? Let us know in the comments.

Mandate Monday: Checking in with the Mandate Relief Council

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We’re checking in with Governor Cuomo’s Mandate Relief Council for this week’s Mandate Monday post

The Mandate Relief Council is an 11 member executive and legislative council charged with reviewing and advancing proposals to reduce the statutory and regulatory burden on local governments and school districts. Earlier this year the council conducted a series of public hearings around the state to get input about how mandates are impacting schools and municipalities. Videos of the hearings are available on the Council’s website.

As part of the process of identifying and determining whether a mandate on a local government/school district is unsound, unduly burdensome or costly, the Mandate Relief Council is currently accepting submissions of questionable mandates from local governments/school districts. Based on what is shown on the website, it doesn’t appear that many mandates have been submitted through this vehicle.

That list can be found here, and comments can be submitted on the same page. The page states that “In addition, the Mandate Relief Council is looking for any comments and ideas for mandate relief that you may have.”

Whether you’re a parent, school district official, student or community member, we encourage you to check out the page, and to have your voice heard!

Mandate Monday: Employee Pensions

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New York state’s school district employees outside of New York City generally belong to one of two public pension systems – the New York State Teachers’ Retirement System (TRS) or the New York State Employee Retirement System (ERS).

Here’s a great fact sheet on public employee pensions in New York state, that will give you the lowdown on the basics of our pension system, employer contribution rates, pension reform & the widely misunderstood pension exclusion of the state’s new tax levy cap.

What we found most interesting about this fact sheet was the section on pension reform. There has been a lot of coverage in the media on the new Tier 6 implemented earlier this year. State leaders are promising $80 billion in savings over the next 30 years. Sounds good, right? In theory yes, but the problem is that for schools and municipalities the most significant portion of the savings will not be immediate.

Check out this article: Major public pension relief unlikely any time soon for New York taxpayers.

Opinions will differ on whether or not pension reform is a good thing. We’re just shining a light on the fact that the new Tier 6 will do very little in the near future to ameliorate the burdensome increases that schools and municipalities have to fund in their budgets each year.

Mandate Monday: Wicks Law

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The Wicks Law was established in 1912 to promote competition between contractors and protect workers’ rights. The law demands that municipalities – including school districts – collect bids from separate contractors on different parts of any building or renovation projects that cost more than $500,000.

The three different parts are:

  • Plumbing and gas fitting;
  • Steam heating, hot water heating, ventilating and air conditioning; and
  • Electric wiring and standard light fixtures.*

Because of the Wicks Law, it is possible that a district could wind up contracting with three separate companies to complete one project.

The Wicks Law allows small and specialty contractors to bid competitively for municipal construction jobs without trying to gain favor with general contractors who might subcontract with them. However, studies have estimated municipalities pay 8 to 30 percent more for projects under the Wicks Law.***

Under the Wicks Law, school districts are responsible for the overall construction process. Coordinating the work of separate contractors often results in project delays. Delays can lead to increased costs and lawsuits against the school district. If a subcontractor loses income because of a delay in the district’s building project, the courts will often hold the school district liable – even if the delay was the fault of another contractor.***

Few districts have construction specialists on staff, so they either hire someone (in addition to the specialty contractors) to oversee the construction process or give that responsibility to someone who has little or no expertise in that area.

Proponents of the Wicks Law say without the law, costs for public building projects would rise dramatically as competition decreases and the possibility of corruption increases.**

We are wondering if the savings gained through competition is then lost during the process. What do you think?

* New York General Municipal Law § 101.
** Conde, Clarke. “Wicks Law saves money, combats corruption.” Rochester Business Journal, Jan. 22, 2010.
***“The Wicks Law,” stopthetaxshift.org. Stop the Tax Shift is a project of the New York Conference of Mayors and Municipal Officers.

Mandate Monday: Special Education

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According to the New York State Commission on Property Tax Relief, New York has 204 special education mandates that go above and beyond what is mandated under the federal government’s Individuals with Disabilities Education Act, which is usually referred to as IDEA. Here are two examples:

  • Public schools must provide a range of special education services to all students with disabilities—even those who are homeschooled or enrolled in nonpublic schools. This is known as New York’s “dual-enrollment” provision, and it exceeds the requirements of the federal law.*
  • Parents who disagree with decisions made by their school district’s committee on special education (CSE) can request an impartial due process hearing. During the hearing, the burden of proof is on the school district to disprove the parent’s claim—rather than on the parent to prove his or her claim, as is the case under federal law. This mandate increases legal costs for school districts as they prepare their arguments. Plus, if the hearing officer finds in favor of the parents, in most cases the school district is responsible for paying the parent’s legal fees.*

Although many of these mandates were passed with the best of intentions, they cost school districts a great deal of money. During the 2008-09 school year, school districts in New York State spent an average of $26,551 to educate one special education student—compared with $10,874 to educate one general education student. That same year, schools spent 27 percent of their instructional dollars on special education—even though only 13 percent of all students were in that category.*

However, according to a study published by the Center for Special Education Finance in 2003, the national average cost to educate one special education student in the U.S. was $12,474 during the 1999-00 school year, the last year national data was compiled. Even though there’s a nine-year gap between the national and New York State figures, the data provides a sense of how much New York’s 204 “extra” special education mandates cost.
*“Essential Fiscal Reform Playbook, p. 103. Published by the New York State School Boards Association (NYSSBA), May 2011.

MM: How much do unfunded mandates cost school districts each year?

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It’s Mandate Monday again, and today we’re asking, “How much do unfunded mandates cost school districts each year?”

While many mandates are important and necessary, they are also the biggest cost drivers for public schools. It is hard to quantify exactly how much unfunded mandates cost each year. But that doesn’t mean organizations haven’t been trying to identify what these costs are for their communities.

In 2008-09, a group of nine Westchester County school districts, known as READ, analyzed the costs of the unfunded mandates. The results of their study were pretty significant.

  • Mandate costs were equivalent to 17% of a district’s total budget;
  • In 2008-09, taxpayers in the READ districts funded $117 million worth of mandates;
  • If these nine districts could have cut just a third of these costs, $39 million in savings could have been realized.

If extrapolated across the state, more than $6 BILLION was spent by local school districts to meet unfunded mandates in 2011-12.

From a more local perspective, administrators at Broadalbin-Perth Schools went through the district’s budget line by line, and determined that 87% of their expenditures were mandated. Granted, not all of these are unfunded mandates – but considering that 87% of B-P’s expenditures are mandated but only 50% of its revenue comes from state and federal aid, they can make the argument that there’s a lot of unfunded mandates in there.

It’s a shame the true cost of mandates isn’t easily quantifiable. However, we do know this: When new mandates are imposed without new funding to help offset the costs, school districts are forced to raise local revenues or cut back on existing programs and services. And when mandates must be preserved despite flat or falling revenues, like the reality most schools are facing now, districts must cut in other areas, like art, music, sports or clubs — programs that contribute to a well-rounded education for all children.