Updated July 26:
Kent School Superintendent Barbara Wheeler has revised the Maintenance of Effort Certification statement for the county to show compliance for 2013 — which is a 180 from her initial certification that claimed the county fell below state funding mandates when the commissioners cut a long-standing health department subsidy for school nurses.
Wheeler’s revised documentation reflects the original budget agreement reached between the county and the Kent School Board in June, which funds $366,000 for nurses in 2013.
Attached to Wheeler’s revised certification is a letter from Kent School Board President Brian Kirby that aims to overturn a ruling from the state school superintendent that an “impermissible program shift” had occurred when the nursing subsidy was discontinued. On July 9 the county received a “Notice of Non-Compliance with Maintenance of Effort” from the state that sided with Wheeler.
“Upon further reflection and discussions between the [Board and the County], it appears that the previously filed FY2013 Certification Statement…was inaccurate,” Kirby said in his letter to State School Superintendent Lillian Lowery. “The worksheet mistakenly included reference to an applicable program shift between the County and Board budgets.”
“With the filing of this amended Certification Statement, the Board understands that the Notice of Non-Compliance with Maintenance of Effort issued to the County on July 9 will be resolved and the county be deemed in compliance for FY2013,” Kirby wrote.
If the State Board of Education accepts the revised MOE, the county can avert a $462,000 mandate to pay the nurses this year and avoid raising the MOE funding floor by the same amount in fiscal 2014.
Updated July 19: KC Administrator Susie Hayman told the Spy on Thursday that the Maryland Board of Education granted the commissioners an extension until Aug. 2nd to respond the discontinuation of the school nurse subsidy.
Original Story: Wheeler Letter to State Board a “Blind-Side” to Commissioners, Kirby says
To the surprise of her fellow Kent School Board members, KCPS School Superintendent Barbara Wheeler wrote the Maryland State School Superintendent on June 11, claiming the county had fallen below the legal funding floor for fiscal 2013 when it ended a $462,000 health department subsidy for school nurses. Wheeler later certified that the end of the subsidy was a “program shift” in violation of state law.
Wheeler spoke for the board in her letter, although not one of them knew of the existence of the letter until late Friday, July 13.
“We believe the County’s cut of the school nurse program is…an impermissible program shift pursuant to” Maryland law, Wheeler wrote in her letter, which was sent more than a week after the school board and the commissioners had agreed on the 2013 school budget.
Under a new Maintenance of Effort law enacted in this year, county governments can’t avoid minimum funding levels by shifting programs in or out of the school system. But the commissioners insist the health department subsidy for school nurses was voluntary in previous years and paid for out of the county’s general fund.
The revelation of the letter caused concern among school board members about their future working relationship with the commissioners. They believe the commissioners acted in good faith during the school budget process and had met Maintenance of Effort for the upcoming school year.
“We entered into an agreement with the commissioners and I think we need to stand by it,” said BOE Member Charles Prince. “We passed a budget, we adjusted other things to the budget, and I don’t think it is right to go back on the commissioners and ask for more money–when we all acted in good faith.”
“We’re trying to help each other,” Prince said. “This is the county’s money that they’re going to have to put forward. If they don’t have it that means somebody else is going to lose their job.”
Board President Brian Kirby said he had no prior knowledge of the letter until Friday, when he received word from KC Administrator Susie Hayman that the state had agreed with Wheeler’s interpretation that an “impermissible program shift” had occurred. He said the other board members were also unaware of Wheeler’s letter.
Kirby asked the board’s attorney, Chip MacLeod, at Monday’s BOE meeting if the board could do anything to stop the state from obligating the county to continue the nursing subsidy.
“As a board, is there any action that can be taken, positive or negative, about the finding of the state,” Kirby asked MacLeod. “This is a can of worms I don’t want to be involved in. I’d like to think we have a good working relationship with the county government, and this is kind of a blind-side to them…we got a number from the county, we passed a budget with that number, and we made an appropriation that we thought was fair for the school nurse program [and] that we agreed upon.”
MacLeod said that local school boards essentially have no power to accept less than Maintenance of Effort funding levels, even if they agree to a lesser number with the county. He said he knew of no other instance where a local school board asked the state to stand down on enforcement of minimum funding levels–but said he would look into it.
“The question is can a board of education and a county government agree to take less than Maintenance of Effort required under state law,” MacLeod said.
The primary legal argument facing the Kent County is whether the nursing subsidy is considered school programming and therefore subject to Maintenance of Effort laws.
“I think what you have is a determination by the state, that under the law, the county didn’t meet the funding.” MacLeod said. “And the county can put forth an argument why the state’s interpretation is wrong.”
“There is a process,” Macleod said. “The county has 15 days to argue to the state why this isn’t a program shift and why they did meet Maintenance of Effort.”
The state has directed the county to file a response by July 24 to challenge the state superintendent’s opinion that an “impermissible program shift” had occurred.
Hayman said at Monday’s board meeting that the county was just notified by the state on Friday, July 13–leaving very little time to mount a response. The county commissioners have asked Hayman to contact the state and request an extension of time to respond.
The board agreed unanimously to send a letter to the state in support of the commissioners–to try and nullify the state’s demand to fund school nurses. Wheeler also agreed on the motion to send the letter, although she said earlier in the meeting that she still believed the county had not met “the letter of the law.”
“I did read the law and it was my interpretation that this was a program shift,” Wheeler said.
If an appeals process fails, the state could withhold the $462,000 in local income tax payments — forcing the county to make cuts elsewhere, raise taxes, or go into the general fund balance.
Hayman told board members that consultations with experts leading up to a final budget cleared the way to end the subsidy to the health department. She also said that the county didn’t think the decision to end the subsidy would be an issue–since an agreement with the board had been reached during the budget process.
“We did not make any changes in this program unadvisedly,” Hayman said. “We were told by experts in the field that it was not an improper program shift…our understanding was that we had worked together enough to a degree that is wasn’t going to be questioned.”
Hayman said a similar situation occurred in Washington County with a different ruling from the state superintendent.
“Washington County cut the school nursing program, but there the board of education certified that Maintenance of Effort had been met,” she said. “In Kent County’s case, it was the opposite.”
“The determination that we made a prohibited cut was made by the same superintendent of schools — based on the information she received from…Dr. Wheeler,” Hayman said.
“We’ve been judged guilty already,” Hayman said.
Hayman, who is an attorney, believes the county’s last chance to avert the $462,000 mandate will come from a determination by the state board of education.
“There is no right of appeal after that,” Hayman said.
Carl Crowe says
Bravo Dr. Wheeler! You have a gift for not being a team player and advancing your agenda at the expense of everyone else. I look forward to your departure.
joe diamond says
Carl,
Looks like the agenda Dr. Wheeler is advancing helps children. Who else is more important? Not elected officials….right. To which team are you referring and why should anyone care about the members? Where do you think Dr. Wheeler might be going?
Joe
Carl Crowe says
Hi Joe,
Of course kids are important. My own two children are in Kent County Public Schools, and have been taught by committed professionals. The point I was trying to make (and not doing very well!) is simply that the turbulent economic conditions are requiring tough decisions about money expenditures, and that no one is exempt from making difficult conversations about money and must find ways to do more with less.
That being said, I’m don’t think that Dr. Wheeler, alone, should be in a position where she is acting as sole decision maker around issues like this one that impact school and county budgets. What’s clear is that conversations were had between the board and the commissioners and agreement reached resulting in a budget that our elected officials could live with that addressed the needs of the schools and the financial realities that the county is facing. I’m not sure that Dr. Wheeler’s subsequent move of outreaching to the state after the fact will help future discussions between the board and the commissioners on future budget issues as they arise. If Dr. Wheeler and our elected officials cannot work as a team to make things happen then I’m not sure that anything substantial can happen to advance education of our children.
joe diamond says
Carl,
This is what forums are for. I think Dr. Wheeler acted courageously, knowing that it would really piss off the consensus seekers who did hire her and have the power to terminate her service. What she did was actually just point out an error in a technical process that perhaps could have been resolved in other ways.
I did note a more to the point question, asked by Mr Bill Short, regarding the school nurse program. How did it grow from $45, 000.00 to $450, 000.00? ( I think I got those Kent County News numbers right) Is there something within the program that could be cut or retasked?
I just saw your statement as a case of murdering the messenger.
“Captain, there is an iceberg ahead!”
“Get this man off my deck. This is the Titanic! If he can’t be respectful make him line up the deck chairs. I will run this ship.”
Ya know,
Joe
Bob Kramer says
The Board of Education members, Kirby, Williams, Harvey and Prince (I’m sure Reed would have made it unanimous if he hadn’t been on vacation), showed that they’re stand up folks… and understand we’re all in this boat together. Thanks, guys. It should be noted that Mr Kirby was gracious enough to not publicly beat up Superintendent Wheeler for sending in the certification without notifying the Board members first.
sue dorsey says
The shift of money to pay for nurses was not something I would call a good faith action. That came about once the commissioners realized that they would have to fund maintenance of effort this year – that is the law. By shifting the cost of nurses they attempted to bypass that law. If this was not true the state department would not have ruled for Dr. Wheeler. I applaud her decision to question the legality of this move – it shows that she is knowledgeable and willing to go to bat for the students and schools of Kent county. The decision to open 5 elementary schools has caused schools to often have 2 small classes in a grade level and 1 large class. It is something that was pointed out to Dr. Harvey when he was the board president and that he chose to ignore. As a result, each year there are class sizes in the elementary schools of 26, 28 and I believe that last year there was a class of 31. She has the difficult job of telling principals and parents that there is no money for any additional teachers, and those children are passed from year to year in that large class size. Putting kids first is the goal – and I believe her decision to stand up for this money will support that goal. I am surprised that anyone can find fault with that.
D.B. Temple says
Mr. Ruck
Well, that is a loaded question to which no right or wrong answer exists. However, I’ll take a swing at it. I am sure parenting cannot possibly be a factor that weighs into your stats. How could? After all we’re spending money on the kids left, right and center and our ROI in next to nil. Maybe we should up our money game and aim for 2nd or 3rd in the state spending and see what happens. Not sure who will pay for it since throwing money at xyz issue seems to be the norm… I digress.
Do not get me wrong, I am NOT saying that we do not have responsible parents in the county, far from it actually. What I am saying is the money over everything approach simply does not work in this case, it is a failed strategy. Financial investment in the educational infrastructure should be a priority in every community. Invest in the leadership, curriculum and the delivery of the curriculum; ensure the facilities provide a clean and comfortable environment that is conducive to learning. But that is not all, nor is it the most important. The education of our children begins and ends at home.
Being mindful of the plethora of variables which exist in society today, generally speaking the investment that needs to be seen consists of time, effort and accountability. Like an echo from a bygone era, where is the time and effort on the part of the parents to hold their children and the school system alike, accountable to the metrics by which we measure a student’s success and being involved in the academic process? Sadly, it’s dwindling alongside the integrity of the family unit.
Since I am struggling with finding non incendiary words to continue my time on the soapbox, I will close with this…
Ever give any thought to the possibility that the school nurse may very well be the only access to medical care some of these kids have? The status of medicine and access to it in our county (let alone state and country) is in a period of flux. Let’s not make the waters more turbulent by withdrawing this program.
Keith Thompson says
“Ever give any thought to the possibility that the school nurse may very well be the only access to medical care some of these kids have? The status of medicine and access to it in our county (let alone state and country) is in a period of flux. Let’s not make the waters more turbulent by withdrawing this program.”
Doesn’t it make sense that if educational funding is being spent on medical care for students, it’s spending that is not being spent on education? It’s about priorities and one must realize that government revenue sources are finite. Perhaps instead of trying to pile on more layers of government and then figuring out how to pay for it, we should realize that we can only afford a certain amount of government and then debate on what we actually want that government to do.
s pennington says
Ms. Wheeler is out of control. She’s in our community, not above it, though she acts like she knows better. She works for us, and serves at our pleasure, for the good of our county and our children.
Don’t forget, this is the same person who not long ago insisted that our income taxes be raised in the middle of a recession and a real estate depression to keep her from having to make the hard choices she’s paid to make.
If she can’t get on the program, she can get out.
joe diamond says
Steve,
When ya can get up with Carl Crowe. What I shared with him I would share with you.
And additionally, I don’t think the school superintendent is hired to choose how to make a budget work. I think any administrator is hired to direct a direction for programs and place persons into programs to advance the goals of the community. As you correctly point out, they are not hired to suggest tax and budget policies.
So the police chief needs bigger jails and more officers……..sorry chief, no money. The school superintendent needs more nurses and band aids………sorry superintendent……no money. I think in each case the administrators would be remis in their duties if they did not go around their management to warn the public and ring the bell about their program needs.
I think that.
Joe
Jack Dorsey says
@ Mr. Ruck – good question but the answer is twofold. Our per pupil expenses are high mostly due to the low divisor. We have positions and programs which we are mandated by the state or feds to have and since the number of students is so low in Kent county the per pupil cost of each of those is high. In fact, I’m surprised they are not higher since our student numbers are significantly lower than any other county. This also applies to school budgets – if we put in a computer lab for 24 students in a school, we might have less than 200 students using it – as opposed to 800 in another county. If we buy one classroom set of 4th grade Social Studies textbooks, we might only have 21 kids using them – as opposed to 100 in a more average sized school. And our elementary schools are not just smaller than in other counties – they are MUCH smaller.
As to the test scores, yes our composite scores were low this year. However, in 3 of the 5 elementary schools there has been very little stability in the teachers who are teaching in tested grades and/or subjects. This happened as a result of the consolidation. Each of those first two years teachers were moved to new grades and/or disciplines, and in fact I believe that will be true for the upcoming year as well. Research supports the idea that the more stable a staff, the more kids learn. At the two elementary schools where the staff has stayed more or less the same those scores were actually very good.
So unfortunately there is not a direct correlation, in our case, with money spent and test results. What we need for that is some stability in our teaching positions. Starting over with a new grade and new curriculum is very much like being a first year teacher – which is difficult. We need to allow teachers the opportunity to become experts at what they do – and until we do that it is unfair to evaluate their efforts as lacking. Teaching is an art form – not just a job but a profession that takes time to master.
MB Troup says
All of this seems to go back to Billy Short’s observation that these grants sure do get expensive (unless I’m misunderstanding something – how does a grant feed into the MOE base line?)
Back to Ms Dorsey’s comment…
…and with fewer students, it takes three students at a given grade level to move the needle a percentage point. I previously opined that other counties may look better because of their ability to identify and instruct special needs students.
From May 21″What leaps out at me is on page two of the various report cards. The statistics for Howard County’s alternative and special education populations are complete. Also, they are not included in the standard MSA data.
A scan of the statistics for the midshore region reveals almost nothing. The data is incomplete because the sample is either too small, or systems are not seeking out the children in need of an IEP (or maybe don’t have the resources available for a small sample).
If it is the latter (heck if it’s either), then the State can do the region a great service, or shall we say “exert greater effort,”by assisting the counties with a regional special education program. This would allow students to be compared against truer indicators of their abilities. It would also prevent some of the wild swings in the standard MSA results seen county by county. “
Carla Massoni says
Mr. Dorsey – Thank you for your thoughtful posting. My children are in their mid-thirties – all graduated from KCHS. One pursued graduate education, one a college degree, and one found college not appropriate to his career goals. None of my grandchildren will attend KCN schools – but our schools ate everyone’s responsibility. I think we need a creative – out of the box approach. The people serving our community care – we may disagree with them on major issues – but let’s not scapegoat this situation. You have provided valuable information – a piece of the puzzle – solutions should be the goal and solutions gleaned from a fresh, respectful evaluation.
Sue Dorsey says
Thanks – and that was from Mrs. Dorsey. My husband is the default on this site – he comments more often than I do. I just didn’t check it before I sent it. And I couldn’t agree more with your comments. Hooray for sanity, thoughtfulness and being willing to work together.