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Shortchanged in Upstate NY

 

Tax Cap Recap: How the new tax levy cap changes the school budget landscape in New York

How is the cap calculated?

• The calculation for a district’s cap in a given year starts with either 2 percent or the rate of inflation, whichever is lower. (If the cap had been in place for 2011-12, this figure would have actually been the inflation measure of 1.6 percent.)

• The next step in the calculation is to account for costs that are exempt from the cap. These include state pension system increases above 2 percent of payroll, tax base growth, and some court judgments and successful tax assessment challenges.

• These exemptions mean it is expected that districts will propose tax levy increases above 2 percent (or inflation), and still be considered within the cap.

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HFM district leaders analyze tax cap legislation

Without voter approval, school budgets are capped at prior year’s tax levy = zero percent cap

tax cap iconJune 30, 2011 - As school district officials analyze the tax cap legislation approved by the Legislature and signed into law by the Governor on Friday, June 24, District Superintendent Dr. Patrick Michel is projecting another difficult budget year for HFM BOCES 15 component school districts.

“Looking ahead, there are a number of factors set to affect budget planning in our districts—and now we will add a property tax levy cap to the mix,” Dr. Michel said. “I continue to be frustrated about the inequities in the state aid funding formula and the lack of serious mandate relief from our state leaders.”

According to New York State Council of School Superintendents’ Deputy Director for Advocacy, Research and Communications Robert Lowry, the so-called “cap” of 2 percent or inflation, whichever is less, is defined in law as the “tax levy limit.” It serves as a trigger for determining what percentage of voters will be required to approve an increase in the levy. However, if voters do not approve an increase in the levy, districts are capped at the prior year levy.

If a district seeks a tax levy increase greater than the tax levy limit, approval by 60 percent of voters will be required. If the district requests an increase under the limit, approval by a simple majority (50 percent plus one vote) will suffice. Districts will be permitted two chances to obtain voter approval.

According to Lowry, the law provides, “…if the qualified voters fail to approve the proposed school district budget … the sole trustee, trustees or board of education shall levy a tax no greater than the tax that was levied for the prior school year.”

“In other words, if unable to gain voter approval, a district would be capped at the prior year’s tax levy – the zero percent cap,” Lowry said.

The new legislation included a number of measures aimed at alleviating state mandates and helping school districts bring down costs. District leaders continue to review the legislation to learn what it means for them.

“I hope we can read this as a sign that the state might be serious about helping our districts control expenses, and by extension, taxes,” Dr. Michel added. “These are difficult fiscal times for our taxpayers and moving ahead our districts will continue to focus on balancing the needs of our students with our communities’ ability to pay.”

The 2011-12 school district budgets for HFM BOCES 15 component districts—voted on in May before the tax cap was put into place—included more than $11 million in state aid cuts, the elimination of more than 144 positions and an average tax levy increase of 5.56 percent. The districts have lost 15.6 percent of their state aid since 2008-09.

“The level of cuts in many budgets for the upcoming school year would have been even deeper had officials not used millions of dollars from their fund balances (or “rainy day” funds) or received concessions from their teachers, support staff, supervisors and administrators,” Dr. Michel explained.

While BOCES and its districts’ leaders understand the level of tax fatigue and frustration with ever-increasing tax bills, Dr. Michel said they also understand that the best economic stimulus is a solid education and high school diploma.

"No one wants their kids to be shortchanged in preparation for their future. We all get it. We can read the statistics about international competition and the infusion of technology into every profession. We can see the opportunities exploding in Tech Valley a few miles away,” Dr. Michel said. “I think our parents, our local businesses and our schools all clearly understand our mission, and no one wants to drop the ball on this for our children.”

 
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