“It...waives penalties for the community, or, rather, it gives the commissioner of education (Mitchell Chester) the ability to waive all penalties for Fiscal (years) 13, 14 and 15.”
The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal years 2013 and 2014.This legislation is pertinent to Lynn as the city is facing potentially huge losses in state aid, in part, because retired teacher benefits were originally submitted and included in the city's NSS calculation but it was later determined the city was not permitted to include this particular expenditure. The penalties were quoted in the Lynn Item as "...a $300,000 fine and a $7 million reduction in state aid to schools." Both figures quoted here, however, were the original losses in state aid reported in January 2014 for two separate fiscal years (not a fine and then reduction in state aid as noted). Lynn was originally calculated as having met 94.9% of NSS in FY13 which was under the 95% threshold to avoid penalties and resulted in a $300,565 reduction in future state aid; for FY14, the city was calculated as having met 91.9% of NSS which resulted in a further loss of $7,030,507 in state funding. Penalties between FY13 and FY14 cumulatively amounted to $7,311,072 in lost Chapter 70 money. The NSS figures were recently recalculated for FY13 and FY14. As of July 3, 2014, Lynn was reported as having met 94.3% of NSS in FY13 which now amounts to a $1,267,966 loss in state aid; in FY14, Lynn is now reported at 92.1% of NSS which amounts to a $5,622,219 loss. Cumulatively, potential state aid losses are at $6,890,185. The penalty associated with FY13 was not assessed as Caron stated but the Ch. 70 aid loss for that fiscal year was supposed to be spread out over FY14 and FY15. Moreover, while the city CFO did mention FY15 in regard to the waiver, the legislation only mentions FY13 and FY14 at this time so it is unclear whether Lynn will be penalized for further deficiencies in NSS in the current fiscal year (July 2014 - June 2015).
...the solution allows the city, over the next four years, to start including teacher retiree’s health insurance in net school spending.According to the legislation, however, the first year that the retired teacher benefits would begin to be phased in is FY16 as the current language states
...the commissioner of elementary and secondary education shall begin a 4-year phase-in of equal increments to include health care costs for retired teachers as part of net school spending for any district which accepts this section by a vote taken pursuant to section 4 and in which such costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2016, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements... (Section 260, part a)Thus, it would seem that the 4-year phase-in would not include the current fiscal year (FY15) and would occur over fiscal years 2016, 2017, 2018 and 2019. Section (a) also includes the following in regard to being approved for this 4-year phase-in
...provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period (FY19); and provided further, that the commissioner shall consider deficiencies in net school spending requirements in fiscal year 2015, if any, when approving such schedule. (Emphasis mine)This could mean the commissioner could in fact deny the waiver of Lynn's penalties associated with deficiencies in NSS based the specific schedule the city submits to meet future NSS requirements by FY19. Further, any deficiencies in NSS for FY15 will be considered in the approval process. As of right now, the Mayor and Lynn School Committee are looking to at least fund the schools at 95% of NSS to avoid losses in state aid. Additionally, what is not addressed in the legislation is the issue of carryovers when a district fails to meet its NSS requirements. Currently, amounts between 95% and 99.9% of NSS are carried over to the next fiscal year as districts are still required to spend the amounts dictated by law. In FY14, Lynn had a deficit of $14,350,828 between its mandated and actual amounts. Even with the penalties waived, it still appears as though the unspent amounts from previous years will still be carried over requiring Lynn to meet an increasing threshold to get to even 95% of NSS. Lynn's FY15 foundation budget, without carryovers factored in, is $181,764,115. While one aspect of Lynn's school funding dilemma has been potentially addressed, it is not safe to say that the issue has been fully resolved at this point.
SECTION 260. (a) Notwithstanding any general or special law to the contrary, the commissioner of elementary and secondary education shall begin a 4-year phase-in of equal increments to include health care costs for retired teachers as part of net school spending for any district which accepts this section by a vote taken pursuant to section 4 and in which such costs were not considered part of net school spending in fiscal year 1994. For fiscal year 2016, 1/4 of the cost shall be included in calculating fulfillment of net school spending requirements; provided, however, that in districts currently in level IV or level V status under the commonwealth’s accountability and assistance system, the commissioner may delay or limit the inclusion of the costs in calculating net school spending until their such district’s status is lowered to level III or below, at which time the commissioner shall begin or resume a 4-year phase in of the remaining costs; provided further, that during the 4-year phase in period authorized under this section, the commissioner may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers if the commissioner approves a schedule submitted by the district to meet the requirements not later than at the end of the 4-year phase in period; and provided further, that the commissioner shall consider deficiencies in net school spending requirements in fiscal year 2015, if any, when approving such schedule.
(b) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal years 2013 and 2014.
(c) The commissioner of elementary and secondary education may waive penalties associated with deficiencies in net school spending requirements up to an amount that can be attributed to non-inclusion of health care costs for retired teachers in fiscal year 2015 if the district submits a schedule under this section and the commissioner approves the schedule.
(d) Notwithstanding any general or special law to the contrary, for the period beginning July 1, 2014 and ending June 1, 2015, this section may be accepted in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to charter of such town; in a town, by a vote of the board of selectmen; and in a regional school district, by a vote of the regional district school committee. The vote shall be by approval of all members of the district. Approval of each member shall be given in a city having a Plan D or Plan E charter by majority vote of its city council and approval by the manager; in any other city, by a vote of its city council and approval by the mayor; in a town having a town council form of government, by vote of the town council, subject to the charter of such town; in a town, by a vote of the board of selectmen.
(e) Any school district which accepts this section shall annually certify to the commissioner the treatment of retired teacher health insurance costs to ensure accurate counting of such costs toward required net school spending.
|
School
|
FY14 FTE
|
FY15 FTE
|
FY15 Budgeted Amount
|
Funding Source
|
|
Aborn
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Brickett
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Callahan
|
1.0
|
1.0
|
$66,055
|
Sped 240
|
|
Cobbet
|
1.0
|
1.0
|
$66,055
|
Title One
|
|
Connery
|
1.0
|
1.0
|
$66,055
|
Title One
|
|
Drewicz
|
--
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Early Childhood Center
|
1.0
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Fallon
|
--
|
--
|
--
|
--
|
|
Ford
|
--
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Harrington
|
0.5
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Hood
|
--
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Ingalls
|
--
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Lincoln-Thomson
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Lynn Woods
|
--
|
--
|
--
|
--
|
|
Sewell-Anderson
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Shoemaker
|
--
|
--
|
--
|
--
|
|
Sisson
|
--
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Tracy
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Washington
|
--
|
0.5
|
$33,028
|
School Dept. Funds
|
|
Breed
|
0.5
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Marshall
|
1.0
|
1.0
|
$66,055
|
Title One
|
|
Pickering
|
1.0
|
1.0
|
$66,055
|
School Dept. Funds
|
|
Lynn Classical
|
1.0
|
1.0
|
$66,055
|
Title One
|
|
Lynn English
|
--
|
--
|
--
|
--
|
|
Lynn Tech
|
--
|
--
|
--
|
--
|
|
Fecteau-Leary
|
--
|
--
|
--
|
--
|
