State 'mandates' are like cockroaches: hard to kill

Newsday's editorial board frequently meets with people in public life: school superintendents, state and local elected officials, law-enforcement agents. And one question that comes up all the time is how to reduce the cost of public services.

It was an issue back when the only urgency was New York's position as No.1 or No.2 in the nation with the highest combined state and local tax burden - a "distinction" New York trades from year to year with New Jersey. Now, as the Great Recession has tightened the screws on public budgets everywhere, the question is more pointed: Which will it be, raise taxes or cut services?

Elected officials, candidates and community leaders usually don't want to choose between these unpopular alternatives. Sometimes they try a dodge: "Cut waste, fraud and abuse!" Hard to argue with that. No one ever campaigns for more inefficiency, dishonesty and corruption.

The other dodge - or at least that's how I thought of it until recently - was, "Cut unfunded mandates!"

"Mandates" come up often as the culprit forcing unnecessary costs on local governments and agencies - but ask for an example, and people have trouble responding. It's not that the problem doesn't exist; it's that it's so pervasive, and it's hard to know where to begin.

Mandates were once well-meaning state rules for how municipalities and school districts should do business. Now, the rules have hardened in concrete. They're bureaucracy; they're micromanagement. And, as of December, they're available in 40 pages of highly descriptive detail - 238 separate mandates - that a task force spent nearly a year compiling for Gov. Andrew M. Cuomo.

The report from the 2011 Mandate Relief Redesign Team lists burdensome rules and paperwork like a bundle of hard knots. Permit local governments to make discretionary purchases on public works projects up to $50,000, instead of $35,000. Reduce time-consuming requirements surrounding foster care reports, while still making them useful to the courts. Allow nursing homes to keep some records electronically.

Cuomo has highlighted mandate relief in two subsequent State of the State speeches - in 2011 and again early this month. In fact, he said pretty much the same thing both times: We need to fix the problem. He had to repeat himself because, while the redesign team did come up with a long list of mandates, it got very little relief accomplished.

Why? Well, first, the team of 27 - representing schools, municipalities, the State Legislature, business and civic organizations - had to agree on which mandates to relieve. The members came up with just $410 million worth - a small drop in a $132.5-billion state budget sea. Of that, the legislature wiped out just 22 mandates - for an estimated statewide savings this year of $125 million. State agencies can save another $40 million by rewriting regulations.

Mandate relief was supposed to ride a white horse to rescue municipalities and school districts from the tough new 2 percent cap on property tax growth they must begin living with this year; $165 million won't do it.

Rather than admitting defeat, the governor and State Legislature formed a Mandate Relief Council - 11 members, including state bureaucrats and legislators - to consider the other 216 mandates. Cause for optimism is slight.

Former Gov. David A. Paterson used to float an idea that all state rules should expire at a certain date unless legislators voted to keep them. That's drastic, but it may be New York's only real hope of undoing the knotty bureaucracy that yokes this tax burden to citizens' shoulders.

Essay first published in Newsday.

Keep school budget talk out of the classroom

Recently, I was driving my seventh-grader to one of her many events, when she began explaining LIFO to me. She told me that the youngest teachers were usually the ones to lose their jobs when there are budget cuts: "last in, first out."

I don't consider this information a seventh-grader should be thinking about - except perhaps when learning labor history in the classroom. She said that her teachers, and others, have been talking about the politics of school budgets.

It may seem a little soon, given that budgets won't be up for a public vote until May. But people are thinking ahead since this time around will be different. New York schools will be budgeting to stay under the 2 percent property tax cap passed earlier this year.

This week, Gov. Andrew M. Cuomo negotiated a deal to restructure state income tax rates so that New York will be able to afford a promised 4 percent increase in state aid to schools next year. I hope that deal takes some of the tension out of the classroom, because I don't think school budget cuts are a proper topic for students.

I first heard such concerns from my daughter when she was in fourth grade and came home to report that her teacher might lose her job if the school budget didn't pass. The message to parents was that we should get out and vote "yes." It was the emotional equivalent of dangling a baby over a banister.

I sent an email to another teacher, who was the supervisor of my daughter's program, and said I didn't think they should be talking in class about teacher layoffs. First, it's scary for kids to think that the teacher could suddenly be gone. There's an emotional attachment between student and teacher.

It's also frightening for kids to contemplate how their teacher might be harmed by job loss. Last, it's unfair to imply that Mommy and Daddy hold the only key - the ballot box - to saving Teacher's job.

Could it be that if the school board had negotiated a more modest teachers contract that it could afford to pay more teachers year after year? Of course. Could it be that if administrators found savings - like condsolidating their ranks or settling for less luxurious compensation packages - that the system could afford to lay off fewer teachers? Right again.

But I didn't say that when I emailed my daughter's school. I simply said that I felt the financial conversation was best kept among adults, and that students might be frightened by layoff talk.

When teachers raise district budget issues in class, it feels like divorcing parents who are pointing blaming fingers at each other. It's divisive, angry and unhealthy. I feel the same way about teachers refusing to stay for after-school help or wearing black to school to protest that they're working without a contract. These "conversations" should occur among adults. Kids should be able to focus on adaptive immunity and rational integers and the branches of government without being distracted by budget politics.

Teachers surely want to be treated like professionals - and I've met far, far more good teachers than the occasional inconsiderate one. But a few loose comments - such as how my daughter learned about LIFO - can poison the atmosphere.

With the tax cap in effect, the conversation about how to pay for public education is going to become tenser in coming years. We can figure it out, but let's do it in a room where only the grown-ups are allowed.

First published in Newsday.

Mortgage schemers' luck runs out

Mortgage fraud arrests have begun showing up with great regularity on Long Island. Fourteen people were charged last week with stealing $58 million in a fraud ring that involved more than 100 homes. Another 14, in a separate case brought by the Nassau County district attorney, are facing trial in October.

And there are reports of arranged sales on the rise -- cases where a homeowner falsifies a sale, effectively forcing the bank to reduce the mortgage on a home. That may sound like justice for a home that's lost value, but it's illegal, and it unfairly spreads the loss to the bank's other customers.

Why all this fraud in the news? Well, it turns out that Long Island is a hotbed for such schemes. The U.S. Treasury Department's Financial Crimes Enforcement Network says that Nassau had the fifth-highest number of suspicious reports of mortgage fraud per capita, among counties nationwide, in the third quarter of last year.

It's fascinating how people can think of different ways to make a quick, illegal buck. The convenience store robbery just doesn't compare for intrigue -- where's the imagination?

White-collar crime often involves people who had legitimate skills but at some point recognized an opportunity to cash in. In the case brought by Nassau DA Kathleen Rice in March, accused ringleaders James R. Sweet and Dwayne Benjamin were paying acquaintances $10,000 to pose as home buyers, and telling them that they were going to fix up the home and "flip" it. They portrayed it as an investment partnership.

So, the phony buyer took out a mortgage some $30,000 to $40,000 over the sale price, Rice said. The ringleaders allegedly paid off the "buyer" and pocketed the difference. There was no longer a homeowner to make payments on the house, leaving the bank to foreclose.

You can see that when home prices are rising, banks wouldn't be as unnerved by this scheme. But their sense of injury is high today. "For it to be fraud, somebody has to be damaged in some way," says Abigail Margulies, chief of the Crimes Against Real Estate unit in Rice's office, which was formed in late 2008.

Sweet and Benjamin allegedly became more brazen, eventually having people impersonate both the buyer and the seller, and swindling the bank out of the entire loan amount -- six times in one six-month period.

That's a lot of greed. More sympathetic, but just as illegal, are the homeowners whose mortgages are higher than the value of the home -- so-called underwater loans. They intentionally default on the loan and convince the lender to take less than is owed in a "short sale." In reality, the homeowner has arranged beforehand to "sell" the home to a friend for a lower price, and then continue to live in it.

The homeowner is sticking it to the bank that wouldn't renegotiate the loan. You can see how someone could justify that in their mind: "Why am I paying $4,000 a month to live in this home, when if I sold it, the new buyer could pay $1,300?"

A sense of injury runs high, and people feel they no longer need to play by the rules. Some people just walk away from underwater homes.

We'll be reading about more cases soon, says Margulies. Fraud takes a while to recognize and document. The charges being brought now are for crimes that occurred four or five years ago -- back before the 2008 crash, when there were loosey-goosey mortgage application rules about documenting employment or income.

Apparently, making loans to people who couldn't afford them was only part of the problem that led to the crash. Those loose practices also schooled would-be defrauders in how to game the system.

First published in Newsday

Schools challenged to cut costs, preserve quality

A couple of weeks have passed since I asked people in this space to send ideas about cutting school costs, without harming the things we all cherish -- our best teachers, high academic goals, and the extracurriculars that inspire kids to find their place in the world.

I've been overwhelmed by the response. Not so much the volume -- about 45 calls, e-mails and letters -- but by the quality. People have sent thoughtful, 4- and 5-page letters with good ideas about how to cut spending without hurting students. Former and current school superintendents, school board members, teachers and their spouses, parents -- they all want to get in on the conversation.

The response made me wonder whether, as Gov. Andrew M. Cuomo tries to target his $1.5-billion cuts to school budgets statewide this coming year, it might be worth convening a panel of informed citizens to come up with recommendations.

Here's your best advice:

--Salaries make up 60 percent to 75 percent of school spending. Freeze salaries, including the automatic yearly longevity "step" raises, and stop giving increases for extra training that, while important, adds little to classroom effectiveness -- such as courses on sexual harassment or peanut allergies.

--Give school boards more spine. Require that contract negotiations take place on a townwide, regional or statewide basis. Prohibit school districts from hiring board members' families. Stop "loading up" school boards with people who work as school administrators or teachers in neighboring districts.

--Do the math. One man wrote that his district had 6,687 students and 725 teachers. Figuring about 24 students per class . . . that leaves 446 teachers who aren't in the classroom. What are they doing, exactly? Those who wrote me seem very concerned about the large numbers of adults in schools.

--Consolidate neighborhood schools. Lawrence has closed two school buildings, netting $30 million. That money was used for maintenance to other buildings ($17 million) and a reduction in property taxes.

--Make athletics and other activities pay-to-play. Parents should pay for their kids to participate, and the group could raise money for families who can't afford it.

--Increase class sizes, especially in the upper grades. Why can't high schools use lecture halls, like colleges do? Or offer online classes?

--Charge parents whose kids are earning college credits while in high school. They would be paying the college for those credits otherwise.

--Require schools to "go green," inspiring energy savings of 10 percent or more.

--Penalize teachers who are absent a lot. (Although it's not a cost savings, another idea is to reward teachers who work in difficult school districts.)

--Put high school and college students in kindergarten and first grade classes, and give them college credit to help out.

--Consolidate school districts. This was mentioned a lot, but the political reality doesn't seem to favor it.

--Do away with universal bus service.

--Get rid of tenure.

When my family moved here in 2003, the schools were a big draw. Long Island needs to treat the quality of its schools as a treasure, even as we pare them down to a more reasonable cost.

The most depressing response when I asked for ideas about cutting school costs was this: "There have been no solutions and likely never will be any." The best? "It only takes some good ideas and those with the strength of conviction to get the job done."

So, what's it going to be, Long Island?

First published in Newsday

NY needs to cut special ed spending

Two years ago this month, the Suozzi Commission came out with a startling report. Charged with finding a way to lower property taxes, the group - formally named the New York State Commission on Property Tax Relief - turned sharply off course to detail the escalating cost of special education.

For more than a year, the commission looked for fundamental reasons why New York's property taxes are so high. It asked public school officials who, one after another, pointed to special education.

So, the commission assigned a task force to examine special ed. It found that the state has 204 "mandates" beyond federal rules that make our special education system the most expensive in the country. On average, New York schools spend $9,494 per pupil in regular classrooms, and a prodigious $23,898 for each special education student.

Our state is rightly proud of its generous and progressive history on education. But you have to wonder, as a new administration takes over in Albany next month with a $9-billion deficit chained to its ankle, whether it's time to take another look at the Suozzi Commission's findings. After all, the state Council of School Superintendents called them "the most thorough independent review of New York's special education policies in the more than 30 years since the current basic structure was put into place" - yet they've essentially been ignored.

One problem with special ed is that too many students qualify. Don't assume that these programs serve only those students diagnosed with a severe mental or physical challenge. In fact, more than half the students in special ed simply need extra help in reading or math, speech therapy or other support.

Schools receive extra resources for special ed students, so they have an incentive to label marginal students as disabled. But what if not all of them are really disabled? Not only would that be a waste of money, it would harm the truly disabled students by overburdening the resources meant to serve them.

Also, shifting non-disabled students into special education can stigmatize them and sidesteps problems, like failing schools, that should be addressed head-on.

Once kids are in special ed, schools must meet minimum requirements for them, like drafting an individualized education program every year. Students in speech therapy had to attend at least two sessions a week - no matter what their needs were - until the Board of Regents relaxed that rule last month.

Such regulations may sound trifling, until you consider there are 204 of them, on top of a tome of federal rules.

School officials are also required to hold legal hearings, at an average cost of $75,000, if a parent questions a student's placement. (Parents pay some of the cost.) In the 2007-08 school year, 6,157 hearings were requested. A case for one child on Long Island cost $300,000.

Parents can sue to have the school district pay for private school tuition - as much as $25,000 a year or more - and for bus service within 50 miles of a child's home. In theory, a Mineola student could qualify for door-to-door service to a school in Greenwich, Conn. - although it defies logic that a parent would want that.

Last month, New York's Regents did away with a few of the 204 mandates, but nothing that will cut costs. What's needed is a study of results: which strategies work best to move students on to college or the workforce. Schools should know what leads to success.

Parent advocates for students with disabilities correctly argue that early intervention - say, remedial reading in lower grades - prevents problems later on. And no one wants a child to struggle needlessly. But the spending gap is outrageous. It's time to find a middle ground.

Originally published in Newsday