Legislators save some funds for schools

Louisiana lawmakers either attempted to teach Gov. Bobby Jindal’s administrative office a lesson Friday or tried to strike a compromise when a joint legislative budget committee voted 23-9 to turn 47 percent of $147 million in federal education job funds over to school districts in a two-part plan that would mean using $79 million during the current school year, but saving $68 million in the state’s Minimum Foundation Programming account for colleges and universities next year.

Jindal’s budget office had snagged the $147 million, which represented part of a $10 billion allocation for 44 states approved by Congress that would assist school districts in paying salaries and benefits for teachers and other personnel faced with the possibilities of layoffs related to local budget cuts, and said it was needed for the state’s general fund.

Public school superintendents had received a letter on Sept. 20 from Louisiana Department of Education Superintendent Paul Pastorek and were told the money was secured as part of a federal jobs stimulus package and coming to bring financial relief for many Louisiana school districts. Some of those districts began spending the money right away.

Last Tuesday, Terrebonne Parish School District Superintendent Philip Martin reported to his school board that superintendents across the state had been informed by Pastorek, by way of a Nov. 11 conference call, that Jindal’s office had taken the money for further evaluation and intended to apply it to an anticipated $1.6 billion shortfall in the state’s 2011 budget.

Martin, along with other superintendents, met with their locally elected leaders, and called on school officials to not stand idle, but to take action.

“I don’t think it is an option for us to do nothing,” Martin said in his effort to protect $3.6 million of the $147 million which had been earmarked for his district. “I think it is very important that we act decisively, quickly and swiftly and not be bashful. We’re not going to just argue about it and fuss about it. We’re going to take action,” he told the board.

Martin said that the governor’s budget office’s actions constituted a breach of contract and made it difficult for those in the education profession to trust the state when it comes to conducting business.

After rounds of debate, including a suggestion from board member Clark Bonvillian that the superintendents’ claims might just be hearsay since he had no written document stating that the governor intends to keep the funds in state coffers, the Terrebonne Parish School board allocated $10,000 for Martin to investigate their options, which could include litigation.

On Thursday, Martin met with legal council at the Houma-based law firm of Duval, Funderburk, Sundberry, Lovell and Watkins. “The attorney feels that there reasonably may be some significant legal issues here,” the superintendent said following his meeting. “But as any good lawyer, he wants to study it more.”

While Martin and other superintendents were investigating their legal options to facing off with the state, legislative leaders said they would look at the matter themselves.

During the joint budget committee meeting, which was viewed on live webcast, legislators, superintendents and teachers from various districts stated their case for keeping the $147 million designated for schools as proposed by Congress.

“The intent of the law [and the $147 million] is to prevent layoffs,” Rep. Joe Harrison, R-Gray, said before the legislative committee. Harrison specifically mentioned that Terrebonne Parish schools had experienced 300 layoffs of teachers and staff this year, all part of an $11 million shortfall. “At least give the districts what they need to hire back teachers,” Harrison said.

Louisiana Association of Educators’ Director of Instructional Advocacy Wayne Free turned the tables on state offices and elected officials suddenly bent on pinching pennies and asked what they planned to do once they ran through the $147 million. “There are a lot of disingenuous comments [taking place],” he said of the joint meeting.

“The key issue to school systems is MFP,” said Michael Faulk, superintendent of the Central Community School System for East Baton Rouge Parish.

“The MFP is kind of a fire extinguisher. You really don’t pay attention to it until there is a fire,” Martin said.

Martin explained that the MFP is designed to be a funding mechanism through which the state provides money to local school districts. The money is protected from uses other than education salaries, but allocations of funds are also based on enrollment figures. Districts with higher enrollments receive more money. When enrollments go down so does the money allocated to a given district.

According to a report last Monday from the Associated Press, Louisiana budget makers underestimated the number of students attending public schools this year, making the funding formula short by $42 million.

Adjusted figures were not available but according to reports posted on the Louisiana Department of Education website, the Tri-parish area saw Terrebonne Parish experience a 4 percent decline in student census between October 2008 and February 2010. During that same period Lafourche Parish schools saw a 3 percent drop in its number of students, and St. Mary Parish public schools had classroom totals decrease by 3 percent as well.

After state lawmakers completed their joint budget committee session Friday, the public schools were told they could share $79 million now of their promised $147 million while $68 million would be put aside for colleges and universities next year.

State officials reportedly claimed that a hold on the $68 million was because Louisiana failed to meet federal maintenance requirements.

According to a source with the Louisiana Department of Education, who did not want to be identified, the budget committee’s action means little in terms of real help for hurting school districts. She confirmed that the action taken carried a hint of robbing Peter to pay Paul.

Attempts to secure responses from the state administration and budget offices were unsuccessful.

“It was confusing,” Martin said of Friday’s legislative committee meeting. “If you take a positive view of it, it is only half as bad as it was before. Otherwise it’s even worse.”

Tri-parish districts were hard hit by budget and MFP cuts this past year. Now with the loss of more than half of the federal funds that still would not completely cover expenses, the picture does not appear much better for educators or students.

Martin said that although superintendents and school boards would rather not take legal action against the state, that option is still one that is being seriously considered.