David Clark is a member of Bellows Falls Union High School District 27 Board. However, the opinions he expresses are entirely his own.
Contact: david.clark@wnesu.com


 

 



'Tick, tick, tick' goes Act 173

Rutland Herald   |  Oct 30, 2018

Tick, tick, tick. That’s the sound of the latest zinger from Montpelier. It’s called Act 173, and it’s the equivalent of a legislative dirty bomb that will take about four years before its full impact makes its presence felt. The side effects will be a bit more long lasting. While we were all asleep, the Legislature passed this tremendously significant piece of legislation, which fundamentally changes the way special education gets paid for in Vermont.

We’re about to move from a reimbursement model to a block grant model, and those impacts are likely to be most devastating in the small, rural, frequently high poverty communities that have high rates of special education needs. The way it works is this: The block grant will be based on your school’s total child count. If yours is a populous, well-heeled school district, it’s probably going to work to your benefit, because what’s left from the grant can be rolled over into your 504 extra-help programming, or be used to provide additional supports for English language learners, which are a growing population in some of the larger towns, as well as certain other uses.

However, if your town has significant special education needs, your taxpayers are about to get walloped, because the almost certain shortfalls will get made up through local taxation. So a federally unfunded mandate, passed on to the state is about to get passed onto the local taxpayers who will probably be the least able to afford it.

There are also some interesting back-channel politics involved here.

Your local independent schools will still operate under a reimbursement model, with the money most likely coming off the top of your school district grant.

And while this final iteration may change during the rules-making process, the rules-making process itself is something of a shape-shifting entity.

Those of us who attended any of the Vermont School Boards Association regional meeting this fall were informed that, instead of the customary public comment period before those rules are promulgated (see 3VSA Sec. 801 (b)(8)), the feedback loop for school boards is going to run through the Vermont School Boards Association itself without the benefit of a public comment process.

Although, this should come as no surprise to anyone who has noticed that the VSBA has been actively in the business of putting school boards out of business for the last few years through its wholehearted and full-throated support of the Act 46 school mega-mergers now going on across Vermont.

Ultimately, what’s going on here is more steady work on the part of the malignant hand of the Koch Brothers American Legislative Exchange Council organization which is, perhaps not quite so quietly anymore, pumping literally hundreds of thousands of dollars into conservative Republican causes in Vermont this election season, beginning with none other than our current Gov. Phil Scott himself.

David M. Clark lives in Westminster. He serves on the Bellows Falls Union High School Board and the River Valley Tech Center Board, and is chairman of the Windham-Northeast Supervisory Union Board. He is an organizer of the Alliance of Vermont School Board Members.

 

 

 


David Clark: A candid take on the VSBA conference

VT Digger | October 24, 2018

Editor’s note: This commentary is by David M. Clark, of Westminster, who is a member of the school boards for Bellows Falls Union High School, River Valley Tech Center and the Windham Northeast Supervisory Union, of which he is chair.

I‘ve just come back from the Vermont School Boards Association’s Oct. 18 annual conference at the Lake Morey Resort, and in the words of the famous baseball philosopher, it was deja vu all over again for the VSBA.

Once again, technology bit the VSBA in a big way. Last year, in fairness to the electronic voting vendor, internet bandwidth at the resort might have been an inhibiting factor, certainly the live remote feed was an early casualty to the undoubted consternation of the four or five interested individuals who might actually have tried to follow the proceedings from the comfort of their living rooms. But this year the electronic Wilburys struck early and often, because after an initial 50 in favor and one opposed vote on pro forma bylaw changes, the body was forced to resort to a traditional voice vote on the first 11 proposed resolutions, before being granted a short reprieve on the 12th. But more about that one in a few moments.

After the initial brief shining moment of electronic voting which produced that 50-1 result, voice voting settled back into a predictable and fairly consistent pattern of 18 in favor and 8 opposed. Regrettably, this number represents a bit of a slide from last year when 29 people in the room set the course for the VSBA’s agenda for Vermont education, at least when the leadership chose to embrace it, but we’ll come back to that one, too.

This year there were 17 resolutions originating with school boards as opposed to the seven which made it in time for inclusion in last year’s VSBA annual report, all of them originating in the VSBA’s Resolutions Committee and all but one of them designed to strip powers from school boards. The one exception being the “School Innovation Zone” proposal, which having been lifted straight out of the Koch Brothers American Legislative Exchange Council ( or ALEC) playbook, was simply a backdoor conduit to support privatized education initiatives with taxpayer dollars, but then, why not? Nobody’s paying much attention anyway.

This year the aforementioned 12th resolution, which on behalf of the Vermont School Boards Association I’m proud to say, was the only one subjected to a successful electronic vote, was defeated by another one of those 18-8 margins. It was a request originating from my very own Windham Northeast Supervisory Union, a simple “Be it resolved” that was a request to the Legislature to impose a temporary moratorium on new education legislation until we’ve had a chance to evaluate the whacky side effects of some of the current statutes, one of which has been a precipitous drop in the number of dues-paying school boards still available to tithe to the Vermont School Boards Association.

Another one, as we now very well know, is the gutting of Vermont’s bedrock democratic values through Act 46, because in the best North Korean tradition, local “yes” votes to accomplish the Act 46 mega-mergers were allowed, but “no” votes weren’t, although in fairness to the process, those recalcitrant school districts were encouraged to try again to see if they could manage to get it right on the next attempt.

So in a classic illustration of the Law of Unintended Consequences, the VSBA, which lined up foursquare behind those Act 46 forced consolidations, got a fleeting taste of the sublime along with the sour.

I always find it remarkable when a service organization goes rogue, although after last year’s fiasco when the VSBA’s executive leadership tried cozying up to Phil Scott, when he said that maybe they ought to do the teacher health negotiatin’ only to get thrown under the bus at the eleventh hour, it shouldn’t come as much of a surprise. This year’s surprise took the form of the VSBA’s Executive Committee, in a hurried late night phone operation, going around the back of their board’s official position of merger neutrality, by urging the State Board of Education to reject the notion that they might actually want to respect the outcome of local votes.

But hey, why not? This is the new paradigm. While we were all sleeping, the Legislature passed another one of those zingers that the moratorium I mentioned earlier was supposed to prevent. It’s called Act 173, and I’ll bet you’ve never even heard of it. Simply put, Act 173 will change special education funding from its current reimbursement model to a simple block grant based on total school population. Wowie! If you’re one of the lucky schools with a small special needs population, you can even roll your savings over into your 504 programming. However, if yours is a high needs population, well guess what? Your taxpayers are about to take it on the chin big time.

You might think that maybe it’s not too late to slow down that speeding train, and in that regard it’s good to know that full implementation doesn’t occur until 2021, so at least you’ve got time to sell your house now and move. In fact there’s even a rules-making process going on right now. But this time it’s not going to be according to Hoyle, or even 3VSA Sec 801(b)(8) which is part of the Vermont Administrative Procedure Act. If you wanna have input, you gotta go and see the VSBA because there ain’t gonna be no stinking public hearings. The Agency of Education’s Rules Committee doesn’t need to hear from the public. And why is this? Well, it’s because the VSBA already has a seat at that table in the person of their executive director, and anyway, they’ve proven time and again that school boards are just too dumb to act in their own best interests (See paragraph 8 “Phil Scott,” above).

So the bottom line outcome of the Vermont School Boards Association annual “conference” is simply the continued marginalization of the very school boards that are supposed to be their raison d’etre in the first place. In a few years when your local school is closed and young families either won’t move to your town, and the ones who are left are looking for a way to move out without losing whatever equity they might have had in their homes, well you’ll know who to thank.


Can you do better?

The Times ArgusMay 15, 2018

In the topsy-turvy world that is Montpelier these days, no topic seems to generate as much heat and as little light as school funding. The fun began last year about this time when Gov. Phil Scott thought it might be politically expedient to actually overreach his “No New Taxes” campaign pledge with what, at first blush, looked like the almost irresistible topper of a two-cent cut in the statewide education property tax rate. Of course, on the QT and with the acquiescence of the legislative leadership, he plugged that yawning gap with what we politely refer to as “One Time Money” and this year, he wants to do it again. Now, in order to throw John Q. Public off the scent, he needed a fall guy and the perfect fall guy was, of course, those pesky schools which were causing all the budget trouble in the first place. But even if the governor wanted excellent schools that would provide a highly trained workforce, that didn’t mean he actually wanted to pay for it.

Enter now the Vermont School Boards Association, which could see opportunity in all this, and when Phil Scott opined that it might be a good idea to have a statewide teacher health insurance plan, the VSBA and their conjoined Siamese twin, the Vermont Superintendents Association, said “Happy to help.” Or, it might just have been their ambitious leadership. What they got was burned, and in cozying up to Gov. Scott, not only did they throw every school board budget in Vermont under the bus, instead of being players, Phil Scott used them as chips.

Remarkably, it’s still their current thinking, or as VSBA Director Nicole Mace put it Wednesday night, “Have people at the local level (meaning the school boards) focus on what they’re experts in.” Which is apparently nothing. So, let this clodhopper from southern Vermont weigh in and just say, that if the operators in the state capitol think they can do a better job with a statewide plan than we’ve already done down here, where we’ve reigned in our budgets and negotiated Phil’s 80/20 health insurance split, then let ’em. But, let’s make those premium obligations a state government responsibility at the same time, so we’ll really know what and who’s responsible for runaway school budgets.

Maybe it will turn out that the governor’s political apparatus can defy the laws of gravity, or maybe it can’t, and we’ll wind up finding out what the rest of the country already knows, which is that statewide teacher’s contracts lead to statewide teacher’s strikes.

David M. Clark
Westminster

 

Archived Articles:
November, 2018
"Act 46's end game:
Strip towns of control"
-Bennington Banner
Nov. 1, 2018

October, 2018
"Tick, tick, tick' goes Act 173"
-Rutland Herald
Oct. 30, 2018

"David Clark: A candid take
on the VSBA conference"
-VT Digger
Oct. 24, 2018

September, 2018
"Dismantling Democracy"
-Caledonian Record
Sept. 23, 2018

"Thieving from the Ed
property tax"
-Rutland Herald
Sept. 6, 2018

June, 2018
"Our democracy is not safe"
-Rutland Herald
June. 20, 2018

May, 2018
"Can you do better?"
-The Times Argus
May. 15, 2018

October, 2017
"Letter: VSBA says no to accountability"
-Brattleboro Reformer
Oct. 24, 2017

"Gutting Local Control"
-Rutland Herald Oct. 19, 2017

June, 2017
"Double-crossed by governor"
-Rutland Herald June 28, 2017

"Gutting local democracy"
-Rutland Herald June 22, 2017

"Opinion: Governor's granstanding"
-Burlington Free Press June 1, 2017

May, 2017
"Making a mess of teachers' health insurance"
-Eagle Times May 21, 2017

April, 2017
"Act 46 is fundamentally flawed"
-Brattleboro Reformer, April 12, 2017

March, 2017
"A bunch of baloney"
–Brattleboro Reformer, March 1, 2017

"Not suitable for publication"

"The problem with Act 46"
-Eagle Times March, 2017

February, 2017
"Act 46: the death knell of local control"
-Commons Online, February 22, 2017

Materials formerly available at
The Alliance of Vermont School Board Members (AVSBM) Website







 

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