Common Core and "unfunded mandate" - hmmm! - Granite Grok

Common Core and “unfunded mandate” – hmmm!

From the NH Constitution:

[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.

My favorite Article in the NH Constitution (mostly).  It shows a respect for the Citizenry and the local towns “We won’t force you to raise Property Taxes for expenses we foist upon you”.  The problem with this limiting Article for our limiting Government Document, few in State Government, either by elected or employed officials either know about it or govern by it.  I know that when I asked my local officials what we have to pay for that is unreimbursed, I got laughed at.  Imagine, however, if more ordinary folks did demand “If they ain’t paying, we ain’t doing”?

Like the School Board in Conway, NH (emphasis mine):

Although they admit there’s little chance of getting reimbursed, the members of the Conway School Board are asking the state to pay for costs related to switching to Smarter Balance testing as required by the new standards called Common Core, which they believe is an unfunded mandate.

“Has the legislative body (at an annual School District Meeting) formally approved the funding for Common Core State Standards and any Assessment Testing?” Mark Hounsell, school board member, asked rhetorically at last week’s meeting.

“If not, then I would offer the following,” Hounsell said, “I move, in consonance with the NH Constitution, specifically PART 1, ARTICLE 28-a, that the Conway School District prepare an invoice to the State Department of Education as an attempt to recover costs associated with the funding, including but not limited to technology purchases, necessary for the implementation of the state mandated Common Core Standards and corresponding assessment testing. Further, the invoice shall first be sent it to the District’s Attorney for review and comment, prior to submitting it to the State Department of Education.”

Hounsell contends taxpayers shouldn’t be forced to pay for the program, which the first year will cost $127,530 for equipment and training.

“We’re being asked to come up with $133,000 to improve our technology so we can be ready in 2015 (to start Common Core) testing,” Hounsell said at last Wednesday’s school board meeting. “That is a result of an unfunded mandate from the state, it’s a clear as day, it’s a mandate.

“That in my mind is a check that the State of New Hampshire owes us,” he continued. “I’d say the chances of getting it is nil, but we need to voice our displeasure.”

Absolutely – this was a decision made by an unelected, unaccountable Board of Education.  Do they have the power to lay on taxes, unfunded mandates, upon the local entities?  Absolutely – but only when those entities don’t complain and push back.  But if enough did, can you imagine how much the local towns and cities would save?

Ditto Federal mandates (think Special Education costs which have never been fully funded).  The precedent has been set – just not been used.

Hounsell shared with his colleagues a portion of the New Hampshire Constitution where he believes the board has a leg to stand on in its claim for financial reimbursement.

[Art.] 28-a. [Mandated Programs.] The state shall not mandate or assign any new, expanded or modified programs or responsibilities to any political subdivision in such a way as to necessitate additional local expenditures by the political subdivision unless such programs or responsibilities are fully funded by the state or unless such programs or responsibilities are approved for funding by a vote of the local legislative body of the political subdivision.”

Hounsell also suggested having the district’s attorney review the wording of the letter to the state before sending it off.

“I’m not against the Common Core,” Hounsell said, “I’m against an unfunded mandate being heaped upon us. …We were told we were looking at two years of expenses of $65,000 each year because of the Smarter Balance testing, if that’s now an unfunded mandate then what is.”

And I think this is the right thing to do – as it puts a WHOLE lot of people on point for making the decision in spending other peoples’ money for them:

…Fellow board member Syndi White, who also serves as state representative, said she has filed a bill this session for towns to be compensated for any Smarter Balance expenses it might incur.

“We wouldn’t have Smarter Balance if not for the Common Core,” Hounsell said. “…In these times of lean economic times we can tell taxpayers we at least tried to chase after this money hoping the state would follow the lead of the Constitution.”

 

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