Chester Seeks Options to State Education Ruling
CHESTER - After meeting twice within a week with the local Board of Education, the school district's administration, and the school district's attorney, the Board of Finance has decided to continue to explore options, and preferably seek an exception, to a ruling from the state Department of Education (DOE) alleging that the town violated a state statute by underfunding its 2013-2014 school budgets.
DOE contends the town's education spending does not meet the minimum budget requirement (MBR) called for by state statute. Based on the state department's calculations, the school budget for Chester is $41,527 less than the previous fiscal year, thereby making Chester "currently in noncompliance."
Last week the finance board met with Superintendent of Schools Dr. Ruth Levy, members of the town's Board of Education, the Board of Selectmen, and the school district's attorney, Kevin Roy, in an effort to find an answer to this "incredibly unusual circumstance," which was Roy's description of the town's situation.
The minimum budget requirement, simply stated, says the budget appropriation for education in any town shall not be less than the amount appropriated for education in the prior year. There are exceptions, however, the conditions and the calculations are complicated.
Roy told the combined boards, "There are some exceptions within the statute, including decreased enrollment, however, the $41,527 shortfall claimed by the state DOE appears to be a true application of the statute."
State law requires the town to appropriate the additional funds by the end of the fiscal year, which would be June 30, or face a penalty that would double the size of the shortfall.
"This is the town's liability," Roy said. "The Board of Education is unhappy with this scenario. It believes the current appropriation is sufficient, however, to not make up the shortfall may result in a penalty."
Roy suggested the town appropriate the additional funds to avoid the penalty and then "with clean hands" approach the state education department and the town's state legislators to change the MBR legislation.
Finance board members voiced considerable frustration, characterizing the state statute in this case as "asinine" and asking, "Where does common sense come in?"
Members asked if the town could seek an exception. Roy said the statute allows for a waiver, but one has never been granted. They asked if the town could file an appeal and wait for an answer before making the additional $41,527 appropriation. Roy said the answer might not come prior to the end of the fiscal year and a delay would double the penalty.
First Selectman Ed Meehan said, "This ruling affects us now and possibly next year. Essex is close to facing the same problem, and Deep River is probably only a few years away if something isn't done. What we've got is a crazy animal here."
Any appropriation to meet the state's ruling would need approval from a town meeting.
After the second meeting within one week, the finance board took no action, but instead agreed to call a meeting with the town's state legislators and the first selectmen from the regional school district's three towns "to further explore and discuss possible options, including the possibility of applying to the state for an exception," Levy said.