CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Friday, July 26, 2002

Beacon Hill "village idiots" exceed themselves


The state Senate yesterday gave final passage to $1.14 billion in tax increases, with Senate leaders saying that voters have shown a willingness to accept new taxes because they believe Beacon Hill is also tightening its belt....

Under the budget approved by the Legislature for fiscal 2003, which began July 1, state spending is slated to increase by $600 million this year, to $23.4 billion, with expansions coming in Medicaid spending and K-12 education.

The Boston Globe
Jul. 26, 2002
Senate approves $1.14b tax hike; Swift readies vetoes


Three Democrats voted against the tax package, including Guy W. Glodis, D-Auburn. The House overrode the governor's veto on Tuesday.

"Taxes should be the absolute last choice," Glodis said. "Unfortunately, it was the first choice of the Legislature."

The package includes a $755 million increase in personal income taxes, which the National Conference of State Legislatures says is the largest in the country this year.

Lawmakers froze the income tax at 5.3 percent, rather than lowering it to 5 percent as required by a voter-approved 2000 referendum question....

"This is one of the stupidest things we have ever done," [Sen. Minority Leader Brian Lees] said. "I am embarrassed to be a member of this body." ...

"I will not go along to get along, especially when it comes to tax increases," [Sen. Glodis] said.

The Telegram & Gazette
Jul. 26, 2002
Tax veto overridden


In dollars it is the largest tax increase in Massachusetts history -- $1.14 billion. Politically, it constitutes a series of broken promises by the legislature, including: the 1989 promise to return the income tax to 5 percent when that era's recession ended; the 1994 promise to phase out the capital gains tax in exchange for a legislative pay increase; and the 2000 implied promise to honor the will of the people, who that year insisted in a referendum vote on finally honoring the 1989 promise! Those higher taxes will further weaken the state's -- and, hence, the region's -- economy....

Look for these and other tricks to be used to defray the fiscal 2004 deficit. Look for overspending to continue, instead of being addressed, as long as state legislators are not chosen through competitive elections, and listen more to party leaders and special interests than to voters.

A Providence Journal editorial
Jul. 26, 2002
Taxachusetts redux


The large-scale tax changes are expected to bring in more than $800 million next year. But there are several smaller changes that reach into every corner of daily life: There's a $2-per-drug prescription fee to help fund Medicaid.... And nursing home residents who pay for their own care will have to come up with about $3,300 in "user fees" to help pay for residents receiving Medicaid.

"I fail to see how that could be considered a user fee," said Barbara Anderson, a Marblehead resident and director of Citizens for Limited Taxation and Government. "You're not getting any extra service for your money. That's a tax." ...

"As written, the earliest the tax rate will reach the voter-approved 5 percent is in 2013," [Gov. Swift] said. "The earliest the charitable deduction may be restored will be in 2014."

The Lawrence Eagle-Tribune
Jul. 25, 2002
Impact of state tax bite is on you


House and Senate budget negotiators opted not to adopt a proposed annual spending cap that had been advocated by Acting Gov. Jane Swift and House Speaker Thomas Finneran. But the budget conferees did agree to other changes that will have major implications for the budget when the economy turns around.

To rebuild the state's reserves, the budget on Swift's desk requires the state to automatically divert 1 percent of total revenues to its rainy day fund beginning in fiscal 2004. That's about $150 million. The budget also imposes strict conditions, as part of a proposed tax growth cap, on the use of future surplus revenues, defined as tax growth of 2 percent beyond inflation.

In such cases, 40 percent of the remaining surplus would be sent to the rainy day fund, 35 percent made available for capital expenditures, 15 percent for open space acquisition and 10 percent for tax reductions, according to E. Cameron Huff, senior research associate at the Massachusetts Taxpayers Foundation.

The budget also allows the state to sock much more money into reserve accounts. By raising the rainy day fund limit from 10 percent of revenues to 15 percent, the state could eventually plow as much as $3.4 billion into reserves, up from the present limit of about $2.3 billion.

State House News Service
July 25, 2002
Lawmakers drop spending cap, adopt other major changes


While lists of specific taxes being raised and reserves funds being raided are available, a breakdown of state budget cuts is a lot more difficult to find on Beacon Hill these days.

Legislators have been quick to point out that the spending cuts, while unpopular, are an integral component of a balanced approach to maintaining a balanced budget.

But no list of spending cuts has been circulated and some have questioned the extent of spending reductions, which lawmakers say total nearly $1 billion.

State House News Service
Jul. 25, 2002
Widmer: Legislature could do better job detailing spending cuts


When state government was swimming in surplus cash between 1997 and 2000, it agreed to pay for numerous capital and public workers projects with cash, rather than borrowing.

Now squeezed for cash, the state is reversing course. Legislation on the move in the House would authorize $102 million in borrowing to complete projects that were supposed to be funded with cash deposited into a pair of trust funds created between 1998 and 2000.

State House News Service
Jul. 25, 2002
Borrowing planned to finish projects launched with surplus cash


The state's Education Reform Law, which has poured billions of additional dollars into the state's schools, has failed to boost test scores, according to an analysis by a conservative Boston think tank....

The study, titled Getting Less For More, radically contradicted other local and national studies - most strikingly by concluding that raising teacher pay, hiring new teachers and reducing class size either failed to improve or worsened test scores....

"As far as the [Mass. Teachers Association] is concerned, we know they have a vested interest in keeping facts like this from the public," [David] Tuerck said. "They should be upset to learn about this because it contradicts the public relations efforts they make to tell a story that's just not true."

The Boston Herald
Jul. 26, 2002
Group's study finds ed reform wastes $$


Chip Ford's CLT Commentary

The village idiots pulled it off yesterday, with the state Senate voting 29-10 to override Gov. Swift's veto of the biggest tax increase in state history, the largest personal income tax hike in the nation.

How did your state senator vote?

What's going on up on Beacon Hill is too bizarre for description -- which is why I'm including so many news reports today. There's no way I can correlate the inconsistencies and contradictions -- the utter disconnect -- in one Update. To paraphrase a former First Lady's book title, "It Takes a Village Idiot" to defend this tax hike and proposed budget.

Try to make sense out of this: One of the tax increases -- excuse me, "user fee" -- is a two dollar state charge on every prescription filled by a pharmacy for non-Medicaid funded prescription drugs (akin to the $3,300 "user fee" on nursing home beds for those who are paying their own way). That's a two dollar per-prescription-filled additional cost for most of us who pay our own way or carry health insurance.

This makes no practical sense whatsoever. But, then the village idiots have gone a step further: to "save" $60 million from the Medicaid budget, the best and brightest on Beacon Hill have reduced Medicaid reimbursements to pharmacies that provide prescription drugs to "the most vulnerable among us"!

The Associated Press today reported: "Massachusetts' largest pharmacy chain [CVS] is threatening to withdraw from the state's Medicaid program, close stores, and reduce hours because of the legislature's decision to reduce reimbursement for prescriptions."

The village idiots have no grasp at all of cause-and-effect, nor any idea what the definition of a "fee" is: the cost of providing a government service, according to the state Supreme Judicial Court in Emerson vs. The City of Boston [1983], which ruled:

"Such fees share common traits that distinguish them from taxes: they are charged in exchange for a particular governmental service which benefits the party paying the fee in a manner "not shared by other members of society"; they are paid by choice, in that the party paying the fee has the option of not utilizing the governmental service and thereby avoiding the charge; and the charges are collected not to raise revenues but to compensate the governmental entity providing the services for its expenses."

Paying for your own nursing home stay, and/or paying for your own prescription drugs, obvious to even those of only average intelligence, do not qualify under that SJC ruling as a "fee" for there is no government service provided whatsoever.

But what do the village idiots care?

When have they ever felt bound by the Constitution, laws, or their oaths of office?

The village idiots probably have never even read the founding document, if they are somehow aware that it exists. Those who might have stumbled across it don't feel restrained by it anyway, or by rulings of the highest court in the state (ie., the SJC Clean Elections ruling).

It's getting scary, folks. We have lost our citizenship, become subjects. We are living under a renegade government that has run amok, is out of control. It cannot control itself; it can control only us.

Yesterday the village idiots again made us the laughingstock of the nation with the biggest tax increase in state history -- the biggest income tax increase in the nation -- with the promise of only more to come next year.

More borrowing for projects that were once supposed to be funded out of "surplus cash" (taxpayer overpayment); raising the ceiling again on the "rainy day" fund from $2.3 billion to $3.4 billion before there's any tax rebate, and then only 10 percent of that surplus comes back to us, when and if surpluses again appear; killing the much ballyhooed "spending cap"; and $7 billion for failed "Education Reform" plus still more proposed in this budget just to satisfy the teachers union. The village idiots are utterly out of control of themselves ... yet in absolute control over us.

How long will we let this metastasizing arrogance and utter ignorance spread through the body politic, allow this tyranny to expand? Only we voters, especially we activists, can cure this disease. We must throw the renegades out ... as many of them as we can, as quickly as possible.

Chip Ford


The Boston Globe
Friday, July 26, 2002

Senate approves $1.14b tax hike; Swift readies vetoes
By Rick Klein
Globe Staff

The state Senate yesterday gave final passage to $1.14 billion in tax increases, with Senate leaders saying that voters have shown a willingness to accept new taxes because they believe Beacon Hill is also tightening its belt.

"It's safe to say that the majority of our constituents, in poll after poll, suggested in a sense that we use a blended approach," said Senate Ways and Means Chairman Mark C. Montigny, a New Bedford Democrat. "I'm not embarrassed that we took a very difficult challenge and did our best to send a balanced budget to the governor's desk."

However, while legislative leaders said they have made deep cuts in spending, the budget that they delivered to Acting Governor Jane Swift did not touch a $600 per year handout to retired state workers who are over 65.

Swift plans to veto that money, which was originally used to reimburse retired state workers for payments they made to sign up for expanded Medicare health benefits. Since 1991, that coverage is automatic - and free - but the checks are still provided each year. Swift plans to veto the $23 million for the program in the budget.

"We can't afford sacred cows in this budget," said Kevin Sullivan, Swift's secretary of administration and finance, who said state retirees have previously protested elimination of the checks.

Under the budget approved by the Legislature for fiscal 2003, which began July 1, state spending is slated to increase by $600 million this year, to $23.4 billion, with expansions coming in Medicaid spending and K-12 education. On Monday, Swift will unveil the full package of budget vetoes, and is planning to bring down spending by as much as $400 million.

Swift will recommend saving $39 million by forcing higher-paid state workers to contribute more to their health insurance, Sullivan said. All state employees now pay 15 percent of their health insurance, while the state picks up the rest, but Swift believes those workers who can afford it should have to pay more, he said.

She will call for a tiered system in which state workers making more than $50,000 would pay 25 percent, and those making between $35,000 and $50,000 would pay for 20 percent, Sullivan said. Employees making less than $35,000 would be unaffected, he said.

"Health care costs are such an expensive item, and what we want to do is provide a level of fairness to people who don't get paid a lot of money," Sullivan said.

Though the budget relies on the $1.14 billion in taxes, the taxes were approved through separate legislation, which Swift vetoed earlier this week. Yesterday the Senate voted 28-9 to override the veto, giving final passage to the tax increases. That vote followed the House's 120-29 override on Tuesday. Republicans argued unsuccessfully that new taxes would hurt a stumbling economy.

"It is mind-boggling," said Senate Republican Leader Brian P. Lees of East Longmeadow.

The tax package freezes the income tax at 5.3 percent - instead of letting it drop to 5 percent Jan. 1 as scheduled - eliminates the deduction for charitable contributions and reduces by 25 percent the amount of income not subject to state taxation. It also taxes long-term capital gains such as regular income and tacks on 75 cents to the tax on cigarettes, meaning that Massachusetts smokers will pay $1.51 per pack to the state.

The average nonsmoking resident will be hit with an additional tax bill of $317 next year, according to the state Department of Revenue. For a pack-a-day smoker, the increases will total $592.

Democrats have portrayed several of the tax increases as temporary, since they inserted language that will ensure that when the economy rebounds, the income tax will drop, the charitable contribution deduction will be restored, and the personal exemption will increase. But Republicans have countered that the "temporary" label is a ruse to take the bite out of an enormous tax hike.

In order for the income tax to drop to 5 percent, for example, revenues have to grow by 2.5 percent every year for six years.

"It's unbelievable the arrogance of some of the members of this chamber," Lees said.

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The Telegram & Gazette
Worcester, Mass.
Friday, July 26, 2002

Tax veto overridden
By Richard Nangle
Telegram & Gazette Staff

BOSTON-- State senators overrode Gov. Jane M. Swift's veto of $1.1 billion in tax hikes yesterday by a 28-9 vote. The tax increase, one of the largest in state history, helps fund the $22.9 billion budget for fiscal 2003.

Three Democrats voted against the tax package, including Guy W. Glodis, D-Auburn. The House overrode the governor's veto on Tuesday.

"Taxes should be the absolute last choice," Mr. Glodis said. "Unfortunately, it was the first choice of the Legislature."

The package includes a $755 million increase in personal income taxes, which the National Conference of State Legislatures says is the largest in the country this year.

Lawmakers froze the income tax at 5.3 percent, rather than lowering it to 5 percent as required by a voter-approved 2000 referendum question.

The package also reduces the personal exemption and postpones a charitable giving deduction. Its backers said it was necessary to prevent deeper spending cuts in health care, human services, transportation and the courts.

Senate Minority Leader Brian P. Lees called the series of tax hikes an embarrassment and said other states will rebound more quickly from the current economic downturn because they have not followed suit.

However, Ways and Means Chairman Mark C. Montigny, D-New Bedford, speaking for the majority Democrats, said other states will be forced to raise taxes next year.

Mr. Lees, a Republican from East Longmeadow, said businesses will not have any incentive to move into Massachusetts because of high taxes levied by legislators, whom he called "thieves who do not understand economic policy."

"This is one of the stupidest things we have ever done," he said. "I am embarrassed to be a member of this body."

Mr. Montigny said legislators cut $2 billion before considering tax hikes, and pointed to polls that showed Massachusetts residents want a blended approach to the state's budget woes.

"We have consolidated and destroyed programs. We have made painful choices," he said. "I would be more embarrassed to cut another $1 billion from services or approve an unbalanced budget. We cannot sell the soul of our financial future by borrowing. I haven't seen the cutting by the GOP. I see the Democrats doing the job here."

Mr. Lees said other choices were available and suggested combining the Massachusetts Highway Department and the Metropolitan District Commission. He also called for gaming, revenue bonding and reforming of state contracts. He said project labor agreements, which call for union contractors on state jobs, are too costly to maintain.

Ms. Swift has said lawmakers could take more money from the state lottery by reducing prize amounts.

Mr. Glodis said he agreed with pulling more money from the lottery and said tobacco settlement money could have been used to help balance the budget.

"I will not go along to get along, especially when it comes to tax increases," he said.

Mr. Glodis was the only senator in Central Massachusetts to oppose the tax increase....

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The Providence (RI) Journal
Friday, July 26, 2002

Editorial
Taxachusetts redux

In dollars it is the largest tax increase in Massachusetts history -- $1.14 billion. Politically, it constitutes a series of broken promises by the legislature, including: the 1989 promise to return the income tax to 5 percent when that era's recession ended; the 1994 promise to phase out the capital gains tax in exchange for a legislative pay increase; and the 2000 implied promise to honor the will of the people, who that year insisted in a referendum vote on finally honoring the 1989 promise! Those higher taxes will further weaken the state's -- and, hence, the region's -- economy.

Moreover, State House veterans describe the process as the worst they have ever seen. Standing committees have all but ceased to exist, deals get done in secret by a handful of leaders and lobbyists, and the legislative "rank and file" are simply rank. They go along without knowing the details of what they are voting for.

Nor are these tax increases -- which have taken effect now that the Senate has overridden Gov. Jane Swift's vetoes -- the end of it. To close the yawning fiscal 2003 gap, the state will spend all but $170 million of a stabilization fund that a year ago held $2.3 billion. That will leave little to ease next year's deficit, which, in a flat economy, is sure to be another large one.

It's easy to decry failed leadership and to demand that the lot of them be gone. Unfortunately, since few incumbent legislators face opposition in 2002, most of the true begetters of this year's debacle will be back.

Could all of this have been avoided? Of course, in two ways:

  Foresighted budget planning that kept the growth in the cost of state government aligned with inflation could have prevented the underlying problem. Doing that wouldn't have precluded new initiatives, but funding these would have required a word not heard since the early 1990s: reform. Initiatives exceeding inflation would be funded through the reduction or elimination of other obsolete or redundant initiatives -- of which there are many.

An example: The reasonably efficient Department of Environmental Management performs many of the same functions as the notoriously incompetent Metropolitan District Commission. Putting the latter down and transferring its functions to the former would effect great savings.

  Even granting poor planning for several years, at least some of the $1.14 billion in this year's new taxes could have been avoided by one-time measures -- for example, reducing  state lottery pay-outs and selling a future portion of the tobacco lawsuit settlement (ineptly called "securitization") for an up-front payment.

Look for these and other tricks to be used to defray the fiscal 2004 deficit. Look for overspending to continue, instead of being addressed, as long as state legislators are not chosen through competitive elections, and listen more to party leaders and special interests than to voters.

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The Lawrence Eagle-Tribune
Thursday, July 25, 2002

Impact of state tax bite is on you 
By David Olson 
Eagle-Tribune Writer

BOSTON -- How will the largest tax increase in state history affect you? The answer depends on whether you smoke, rely on income from stocks, bonds and the sale of property or give a lot of money to charity.

All taxpayers will shell out more than they expected to pay because the Legislature's $1.14 billion tax hike enacted today makes two significant changes in the state's personal income tax:

  Freezes the flat rate of taxation at 5.3 percent, overturning a voter-approved rollback to 5 percent that was due to take effect this year.

  Reduces personal exemptions to $3,300 from $4,400 for single taxpayers and to $6,600 from $8,800 for couples filing a joint return.

But the rest of the tax-hike package has selective rather than across-the-board impact on taxpayers.

Smokers, for example, will pay 75 cents more per package for cigarettes. People who claim capital gains income from stocks, bonds and the sale of property will pay a 12 percent tax on those gains the first year, and 5.3 percent thereafter.

And, in another reversal of voter sentiment, the Legislature indefinitely postponed a scheduled tax deduction for charitable giving in Massachusetts....

To make matters worse, Rep. John Rogers of Norwood, the Democratic chief of the House Budget Committee, suggested more tax increases might be needed next year if economic conditions worsen.

That evoked immediate cries of concern.

"We're not just getting back to the term 'Taxachusetts,' we're there," said Sen. Brian Lees, R-East Longmeadow. "It is ridiculous." ...

The large-scale tax changes are expected to bring in more than $800 million next year. But there are several smaller changes that reach into every corner of daily life: There's a $2-per-drug prescription fee to help fund Medicaid. Anyone going to the emergency room for an ailment that turns out not to be an emergency will have to pay the state $3. Fees at the Registry of Motor Vehicles will go up about $5 per transaction.

And nursing home residents who pay for their own care will have to come up with about $3,300 in "user fees" to help pay for residents receiving Medicaid.

"I fail to see how that could be considered a user fee," said Barbara Anderson, a Marblehead resident and director of Citizens for Limited Taxation and Government. "You're not getting any extra service for your money. That's a tax." ...

Experts cautioned taxpayers not to expect tax cuts if the economy returns to the boom days of the late 1990s.

"It's a slow process that will happen over many years," said Michael Widmer, president of the Massachusetts Taxpayers Foundation, a business-backed watchdog group.

Widmer said that even if the economy did rebound next year -- still an uncertain proposition -- it would be another 10 years before the tax rate and exemptions returned to their current rate.

That's too slow for Swift.

"As written, the earliest the tax rate will reach the voter-approved 5 percent is in 2013," she said. "The earliest the charitable deduction may be restored will be in 2014."

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State House News Service
Wednesday, July 25, 2002

Lawmakers drop spending cap, adopt other major changes

House and Senate budget negotiators opted not to adopt a proposed annual spending cap that had been advocated by Acting Gov. Jane Swift and House Speaker Thomas Finneran. But the budget conferees did agree to other changes that will have major implications for the budget when the economy turns around.

To rebuild the state's reserves, the budget on Swift's desk requires the state to automatically divert 1 percent of total revenues to its rainy day fund beginning in fiscal 2004. That's about $150 million. The budget also imposes strict conditions, as part of a proposed tax growth cap, on the use of future surplus revenues, defined as tax growth of 2 percent beyond inflation.

In such cases, 40 percent of the remaining surplus would be sent to the rainy day fund, 35 percent made available for capital expenditures, 15 percent for open space acquisition and 10 percent for tax reductions, according to E. Cameron Huff, senior research associate at the Massachusetts Taxpayers Foundation.

The budget also allows the state to sock much more money into reserve accounts. By raising the rainy day fund limit from 10 percent of revenues to 15 percent, the state could eventually plow as much as $3.4 billion into reserves, up from the present limit of about $2.3 billion.

Budget negotiators dropped the proposed spending cap of 2 percent plus inflation, as well as a plan to limit the state's reliance on capital gains tax revenues, which have dropped from more than $1 billion in fiscal 2001 to just over $200 million in the fiscal year that ended June 30.

If adopted, the proposal to send 1 percent of revenues to the rainy day fund will have an immediate impact on next year's state budget.

The other proposals won't have an impact until the economy fully recovers. "It's a positive step in the direction of rebuilding our fiscal stability as some point in the future," said Huff."

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State House News Service
Wednesday, July 25, 2002

Widmer: Legislature could do better job detailing spending cuts

While lists of specific taxes being raised and reserves funds being raided are available, a breakdown of state budget cuts is a lot more difficult to find on Beacon Hill these days.

Legislators have been quick to point out that the spending cuts, while unpopular, are an integral component of a balanced approach to maintaining a balanced budget.

But no list of spending cuts has been circulated and some have questioned the extent of spending reductions, which lawmakers say total nearly $1 billion.

Michael Widmer, president of the Massachusetts Taxpayers Foundation, says some accounts, like the judiciary, have been hit with "absolute reductions," while other accounts are still growing, but not by enough to maintain services or meet growing demand for services.

In both cases, he said, they're appropriately considered cuts. And while lawmakers say taxpayers will feel those cuts very soon, it's difficult to pinpoint the affected areas because of the lack of available information.

Says Widmer: "I think it would be helpful for the Legislature to lay out in greater detail where the spending reductions have taken place because they have been significant and they have significant programmatic impacts. I think that would be a real public service. It's also important in the context of vetoes. Each advocacy group has decried the impact on their particular area, but I think it's been very hard to follow the totality of programs that have been affected."

Swift is due by next Monday to sign the new budget and announce budget vetoes, which may total $400 million.

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State House News Service
Thursday, July 25, 2002

Borrowing planned to finish projects launched with surplus cash

When state government was swimming in surplus cash between 1997 and 2000, it agreed to pay for numerous capital and public workers projects with cash, rather than borrowing.

Now squeezed for cash, the state is reversing course. Legislation on the move in the House would authorize $102 million in borrowing to complete projects that were supposed to be funded with cash deposited into a pair of trust funds created between 1998 and 2000.

Under legislation filed in April by Acting Gov. Swift, the balances in those trust funds would be returned to the state's General Fund. The House gave Swift's bill (H 5037) initial approval Thursday after it emerged from the House Ways and Means Committee Wednesday afternoon.

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The Boston Herald
Friday, July 26, 2002

Group's study finds ed reform wastes $$
by Ed Hayward

The state's Education Reform Law, which has poured billions of additional dollars into the state's schools, has failed to boost test scores, according to an analysis by a conservative Boston think tank.

The free-market oriented Beacon Hill Institute suggested that money could be better spent in the form of vouchers to help students attend private schools or in more publicly funded but privately run charter schools.

The study, titled Getting Less For More, radically contradicted other local and national studies - most strikingly by concluding that raising teacher pay, hiring new teachers and reducing class size either failed to improve or worsened test scores.

The findings by the Suffolk University institute sparked fiery reaction by some key players in the state's education reform drive, which has pumped more than $7 billion into the state's schools since 1993.

"His initial reaction is that the findings seem to be nonsensical" said Heidi Perlman, a spokeswoman for Education Commissioner David P. Driscoll.

Catherine Boudreau, president of the state's largest teachers union, the Massachusetts Teachers Association, said the findings contradict what is taking place in Bay State classrooms.

"To every parent, every teacher and every student, common sense and experience tells them this is anti-public school propaganda, which is contradicted by legitimate research," Boudreau said.

Similar to the institute's study, many other surveys have found that socioeconomic factors are the most accurate predictor of student performance on the Massachusetts Comprehensive Assessment System exam.

But yesterday's report was the first to suggest all the state had to do was make the exam a graduation requirement at the 10th-grade level to boost student performance. The class of 2003 is the first that must pass the exam to graduate. When they took the test in the spring of 2001, they produced dramatically higher pass rates.

Beacon Hill Institute executive director David G. Tuerck dismissed the criticism of the analysis, which used statistics from the state.

"As far as the MTA is concerned, we know they have a vested interest in keeping facts like this from the public," Tuerck said. "They should be upset to learn about this because it contradicts the public relations efforts they make to tell a story that's just not true."

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