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CLT UPDATE
Tuesday, November 26, 2019

"A new review is coming for an old law, Prop 2½"
Gov. Baker sells out taxpayers


Here in Massachusetts, Proposition 2½ is not just the law of the land. It’s become a tradition, maybe almost a religion for some.

But changes could be coming now that the Legislature has decided it’s time to give a fresh look to this four-decade-old cap on municipal property taxes.

Nestled deep within the educational funding bill that Governor Charlie Baker signed on Tuesday is a proposal that is modest in description but ambitious in scope: a requirement for the administration to analyze the impact Proposition 2½ has had on municipal budgets and potentially make recommendations to mitigate those constraints....

A wave of antitax sentiment pushed Prop 2½ onto the ballot in 1980, and then into the law books. The two basic tenets: Municipalities can’t increase tax collections by more than 2.5 percent a year (not including new development), and overall collections are capped at 2.5 percent of the value of all taxable property within their borders.

It’s this second element of Prop 2½ that has officials in slow-growth communities particularly concerned. The annual spending threshold can be overridden by voters. The ceiling can be temporarily surpassed as well, by excluding new debt for projects such as school buildings. But those votes can be tough: Just ask the folks in Holyoke, where a debt-exclusion vote on Nov. 5 for two new middle schools failed, jeopardizing roughly $75 million in state school building aid....

Many of the communities with the highest tax rates are west of Worcester. In fact, five of the top 10 are in the district of new state senator Jo Comerford.

During her campaign last year, the Northampton Democrat regularly heard from towns approaching the ceiling and she wondered why they were clustered together, in Western Mass. The reason? Because economic prosperity has passed them by.

So she convinced her Senate colleagues to include a Prop 2½ analysis in their version of the ed-funding bill. The measure survived House-Senate negotiations, and landed on Baker’s desk for his signature.

Senator Eric Lesser welcomes the review. The Democrat from Longfellow is seeing many of the same issues in his district. The new ed-funding bill helps school districts with many low-income families, but Lesser worries many middle-class communities are being left out.

Comerford and Lesser say they simply want to make sure regional inequities get reflected in future state aid formulas. They’re not, they say, looking to open up the property-tax spigot.

But Chip Ford isn’t so sure about that. Ford waves the Prop 2½ flag as executive director for Citizens for Limited Taxation, the antitax group that helped make the original levy limits a reality four decades ago. Ford wrote to Baker on Sunday, urging him to amend the bill and send it back to the Legislature with the Prop 2½ language excised. (Baker declined to do so.) Ford said reforms to Prop 2½ should be discussed openly, not moved along in the back of an education funding bill....

Mark Gold, a member of Longmeadow’s select board ... would like the option to move past the 2½ percent ceiling, to avoid compromising valuable services, although that might be a tough sell at the State House.

The Boston Globe
Tuesday, November 26, 2019
A new review is coming for an old law, Prop 2½
By Jon Chesto


Baker signs Ed Bill-abandons Prop 2 1/2

Gov. Charlie Baker gestured to the audience in the gymnasium of Boston's English High School
after signing a landmark education funding reform law on Tuesday. [Photo: Sam Doran/SHNS]

Massachusetts will invest an additional $1.5 billion in K-12 public education over the next seven years after Gov. Charlie Baker signed a funding reform bill, touted by supporters as a generational change, into law Tuesday.

The legislation directs the bulk of new funding toward districts weighed down by cost drivers, aiming to close opportunity gaps that for years have led to disparate educational outcomes across the state.

The law comes four years after a commission warned that Massachusetts was underestimating the actual cost of education by $1 billion annually and more than a year after the last attempt to update the system fell short. Now the focus shifts to a different challenge: following through on the commitment to ramp up funding for schools starting next year.

"If there's one thing I've learned in my 63 years, it's that talent is evenly distributed. What's not evenly distributed is opportunity, and there's a reason why this is the Student Opportunity Act," Baker said at a bill-signing ceremony hosted at English High School. "This legislation is about making sure every kid in the commonwealth of Mass., regardless of where they live or where they're from or where they go to school, has the opportunity to get the education they need to be great."

The law requires the state to spend an additional $1.4 billion — before inflation — on Chapter 70 aid paid to districts, another $90 million on a special education circuit breaker and $10 million for an education innovation trust fund. It does not outline a year-by-year funding schedule, but requires the full investment to be made by fiscal year 2027.

"While we have much to celebrate today and the signing of this piece of legislation is historic, I'd like to point out that this is just the first step down what I predict is going to be not an easy road," Education Committee Co-chair Rep. Alice Peisch said at Tuesday's ceremony....

"Every single child deserves access to an excellent public education," Sen. Jason Lewis, co-chair of the Education Committee, said during the ceremony. "Massachusetts will now have the most progressive school funding formula in the nation, designed to meaningfully address the troubling, very troubling, opportunity and achievement gaps that persist in our public education system." ...

After praising passage of the bill, some education advocates turned their attention to higher education as the next target. Massachusetts Teachers Association President Merrie Najimy said that group would renew its focus on a $500 million bill increasing funding for state colleges and university and freezing tuition.

"When that is achieved, Massachusetts really will deserve to be called 'the education state,'" Najimy said in a statement.

Baker signed the bill alongside legislative leaders and Boston Mayor Martin Walsh at Jamaica Plain's English High School, within Chang-Diaz's district.

State House News Service
Tuesday, November 26, 2019
Baker Signs $1.5 Billion Education Bill


Chip Ford's CLT Commentary

Nobody can say we didn't fight with everything we had at our disposal to the last man standing.  Thank you to those CLT members who called their state reps, senators, and the governor's office yesterday as we requested, and thank you to those who let me know they'd done so.  It wasn't enough, but the powers-that-be know we're still out here willing and ready to fight.  And that CLT is watching every step they take, every move they make, and we are catching them at it even their obscure little schemes buried deeply out of sight.

Frankly, I didn't expect much from Gov. Baker but it was worth the attempt by bringing it to his attention.  I recall his strong affirmation of Proposition 2½ when he spoke his high praise for Barbara Anderson at the celebration of life service we held in memory of her soon after she passed away.  Those who attended might remember Charlie's words as well:

“Prop 2½ was probably the single most important thing to happen to fiscal and economic policy in the Commonwealth of Mass in my lifetime.  Period.  Anyone who suggests otherwise is just kidding themselves.”

I thought he meant those words.  I really did, and hoped he'd reflect on them; that, with the current attack on Proposition 2½ brought to his personal attention, he'd stand up and defend it.  Charlie's rosy oratory really meant nothing to him, especially when it counted.  His high praise of Barbara and her greatest accomplishment was little more than the usual blather from another insincere politician.

I had intended to send out the letter, which we delivered to his senior staff to pass on to him, as a news release early yesterday morning.  Then it was decided that we should give Gov. Baker some time to consider our request before turning the media loose on him.  (It was published on the CLT website on Sunday evening.)  Maybe that was a mistake; maybe it made no difference.

Jon Chesto, a business reporter at The Boston Globe, called yesterday morning to interview me about our opposition to the conference committee bill.  I mentioned that CLT had sent a letter to the governor requesting he strike the sentence weakening our Proposition 2½.  He asked for a copy of our letter; I sent it to him.

We lost this one, so now what?

Buried deeply in the new law Governor Baker proudly signed today in part it states:

Not later than December 1, 2020, the division of local services within the department of revenue and the department of elementary and secondary education shall file a report with the clerks of the senate and the house of representatives, the chairs of the joint committee on education and the chairs of the senate and house committees on ways and means.

The report shall include, but not be limited to:

(vi) an analysis of the impact of Proposition 2½ on the ability of municipalities to make their required local contributions in the short-term and long-term and recommendations to mitigate the constraints of Proposition 2½;

Next December CLT will be watching and awaiting the creation and filing of the required report composed by the Division of Local Services and the Department of Elementary and Secondary Education.  And then a new battle will likely need to be launched to preserve and protect Proposition 2½.

This one is over.  The next one has yet to begin.
 

Preserve & Protect bumpersticker

Chip Ford
Executive Director


 

The Boston Globe
Tuesday, November 26, 2019

A new review is coming for an old law, Prop 2½
By Jon Chesto


Here in Massachusetts, Proposition 2½ is not just the law of the land. It’s become a tradition, maybe almost a religion for some.

But changes could be coming now that the Legislature has decided it’s time to give a fresh look to this four-decade-old cap on municipal property taxes.

Nestled deep within the educational funding bill that Governor Charlie Baker signed on Tuesday is a proposal that is modest in description but ambitious in scope: a requirement for the administration to analyze the impact Proposition 2½ has had on municipal budgets and potentially make recommendations to mitigate those constraints.

The driving force behind the measure: the vast economic disparity between the western and eastern parts of the state. Growth continues unabated on the eastern end, as Boston booms and prospers. Out west, though, many cities and towns struggle to raise enough money to pay their bills; property values and new construction simply have not kept pace with municipal expenses.

A wave of antitax sentiment pushed Prop 2½ onto the ballot in 1980, and then into the law books. The two basic tenets: Municipalities can’t increase tax collections by more than 2.5 percent a year (not including new development), and overall collections are capped at 2.5 percent of the value of all taxable property within their borders.

It’s this second element of Prop 2½ that has officials in slow-growth communities particularly concerned. The annual spending threshold can be overridden by voters. The ceiling can be temporarily surpassed as well, by excluding new debt for projects such as school buildings. But those votes can be tough: Just ask the folks in Holyoke, where a debt-exclusion vote on Nov. 5 for two new middle schools failed, jeopardizing roughly $75 million in state school building aid.

Even successful debt overrides can only go so far, though. Operating budgets keep rising. Sooner or later, the inexorable ceiling looms: $25 per $1,000 of a municipality’s total property value.

Many of the communities with the highest tax rates are west of Worcester. In fact, five of the top 10 are in the district of new state senator Jo Comerford.

During her campaign last year, the Northampton Democrat regularly heard from towns approaching the ceiling and she wondered why they were clustered together, in Western Mass. The reason? Because economic prosperity has passed them by.

So she convinced her Senate colleagues to include a Prop 2½ analysis in their version of the ed-funding bill. The measure survived House-Senate negotiations, and landed on Baker’s desk for his signature.

Senator Eric Lesser welcomes the review. The Democrat from Longfellow is seeing many of the same issues in his district. The new ed-funding bill helps school districts with many low-income families, but Lesser worries many middle-class communities are being left out.

Comerford and Lesser say they simply want to make sure regional inequities get reflected in future state aid formulas. They’re not, they say, looking to open up the property-tax spigot.

But Chip Ford isn’t so sure about that. Ford waves the Prop 2½ flag as executive director for Citizens for Limited Taxation, the antitax group that helped make the original levy limits a reality four decades ago. Ford wrote to Baker on Sunday, urging him to amend the bill and send it back to the Legislature with the Prop 2½ language excised. (Baker declined to do so.) Ford said reforms to Prop 2½ should be discussed openly, not moved along in the back of an education funding bill.

For Mark Gold, a member of Longmeadow’s select board, there’s no time to waste. At $24.09 per $1,000, Longmeadow had the highest residential property tax rate of any town in the last fiscal year, reflecting the area’s stalled economic growth. By Gold’s estimates, Longmeadow will hit the dreaded ceiling in four years. Town officials can delay the inevitable by moving some services, such as trash collection, off the budget books and charging fees for them. There’s a surplus property Longmeadow could sell. But steps like those only buy momentary relief. Longmeadow could be on a collision course with its finances that could lead to layoffs of teachers and firefighters.

Gold would like the option to move past the 2½ percent ceiling, to avoid compromising valuable services, although that might be a tough sell at the State House.

Local business leaders are also watching the situation closely. Tricia Canavan, who runs a Springfield-based staffing service and is vice chair of the Western Massachusetts Economic Development Council, says the outcome in Holyoke underscores the precarious school funding situation many communities in the region face. Maybe, she says, this review of Prop 2½ could eventually bring more state aid to the region.

Boston’s rising tide is only so powerful. It’s the Tale of Two States, again. Western Mass. might seem far away from policymakers on Beacon Hill. But this latest development should remind them why they can’t ignore the region’s persistent economic challenges.


State House News Service
Tuesday, November 26, 2019

Baker Signs $1.5 Billion Education Bill
By Chris Lisinski


Massachusetts will invest an additional $1.5 billion in K-12 public education over the next seven years after Gov. Charlie Baker signed a funding reform bill, touted by supporters as a generational change, into law Tuesday.

The legislation directs the bulk of new funding toward districts weighed down by cost drivers, aiming to close opportunity gaps that for years have led to disparate educational outcomes across the state.

The law comes four years after a commission warned that Massachusetts was underestimating the actual cost of education by $1 billion annually and more than a year after the last attempt to update the system fell short. Now the focus shifts to a different challenge: following through on the commitment to ramp up funding for schools starting next year.

"If there's one thing I've learned in my 63 years, it's that talent is evenly distributed. What's not evenly distributed is opportunity, and there's a reason why this is the Student Opportunity Act," Baker said at a bill-signing ceremony hosted at English High School. "This legislation is about making sure every kid in the commonwealth of Mass., regardless of where they live or where they're from or where they go to school, has the opportunity to get the education they need to be great."

The law requires the state to spend an additional $1.4 billion — before inflation — on Chapter 70 aid paid to districts, another $90 million on a special education circuit breaker and $10 million for an education innovation trust fund. It does not outline a year-by-year funding schedule, but requires the full investment to be made by fiscal year 2027.

Under the law, the state will also ramp up its reimbursement paid to communities to cover 100 percent of charter school tuition within three years. Charter school funding been a divisive issue over the years.

"While we have much to celebrate today and the signing of this piece of legislation is historic, I'd like to point out that this is just the first step down what I predict is going to be not an easy road," Education Committee Co-chair Rep. Alice Peisch said at Tuesday's ceremony.

Authors believe the updated formula will properly account for four areas of cost underestimated by the current system: employee health care, special education, and high numbers of both low-income students and English language learners.

By properly funding those areas, officials hope to help close persistent gaps that exist between districts.

"Every single child deserves access to an excellent public education," Sen. Jason Lewis, co-chair of the Education Committee, said during the ceremony. "Massachusetts will now have the most progressive school funding formula in the nation, designed to meaningfully address the troubling, very troubling, opportunity and achievement gaps that persist in our public education system."

The path to updating the foundation budget — implemented in 1993 in the wake of a court ruling that Massachusetts had a constitutional duty to provide sufficient education for all students — has been rocky.

A commission in 2015 identified the four major cost drivers and warned about the chronic underinvestment. Since then, lawmakers had been unable to get a compromise bill over the finish line, even as advocates continued pressure and lawsuits were threatened or filed, until this year.

The version they sent Baker last week closely mirrors the bill that emerged from the Joint Education Committee, including language on accountability to ensure the money is spent on student-centric purposes as intended.

American Federation of Teachers Massachusetts President Beth Kontos said the new law is "a true game-changer for low-income students and their communities."

"The Student Opportunity Act will deliver increased state funding to every district, but the greatest increases, rightfully, will go to low-income districts whose students have the greatest needs," Kontos said. "This means that students of all backgrounds will finally be able to enjoy the benefits that their peers in wealthier districts take for granted — everything from smaller classes and additional counselors to up-to-date classroom supplies and more art, music and enrichment."

Lawmakers did not include any new taxes or fees to fund the steady investment increase, so the funding will have to come from existing revenue streams unless a future Legislature revisits the topic.

The education funding will not receive a carveout in the annual consensus revenue process as other transfers such as the MBTA and pension funds do, but Baker said last week schools will "have to be sort of first-in when we make decisions about what the budget looks like."

The full scale of the law may not be felt for several years, but some impacts will be quick: districts must complete their accountability plans for how to use additional funding by April.

"I expect it will be a handful of years, but the good news is there is a real sense of urgency baked into this bill," said Sen. Sonia Chang-Diaz, who served as Education Committee chair last session and has long been an advocate of school funding changes. "The plans from districts are due on April 1, just a few months from now. That will be our first look at how districts intend to use these new resources. Particularly for those higher-poverty communities, significant money is going to start hitting the ground right away, within a year."

After praising passage of the bill, some education advocates turned their attention to higher education as the next target. Massachusetts Teachers Association President Merrie Najimy said that group would renew its focus on a $500 million bill increasing funding for state colleges and university and freezing tuition.

"When that is achieved, Massachusetts really will deserve to be called 'the education state,'" Najimy said in a statement.

Baker signed the bill alongside legislative leaders and Boston Mayor Martin Walsh at Jamaica Plain's English High School, within Chang-Diaz's district.

Chang-Diaz told reporters she did not play a role in selecting where the ceremony would take place, but she said the school is a fitting representation of where the impact will be felt most strongly.

"It's really meaningful, certainly for me personally, but really for many of the advocates who held this bill high for so many years," Chang-Diaz said. "To have it be right here in a district that's a high-impact district at a school that predominantly serves disadvantaged students, low-income students, students of color, English learners — everything this bill is about targeting."

In a common ceremonial step, Baker handed out pens to about a dozen lawmakers right after signing the bill.

When Chang-Diaz received hers, she thrust it straight into the air in celebration.

Said Lewis, "This moment for me ranks right up there with my wedding day and the birth of my two daughters."

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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