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School Facilities: A Multi-Billion Dollar Problem

The condition of our public school buildings says a lot about the importance we place on our students’ education. Poorly lit, ill-maintained, overcrowded and unsafe school facilities can send a message of indifference to the pupils inside—a message that can “send the signal” that the community does not value their education enough to provide an adequate place to learn. Not only have these types of conditions been proven to hinder student achievement, they also can demoralize students and teachers, and could influence decisions to drop out or quit.

The ACLU of Maryland strongly believes that the state constitutional guarantee of a “thorough and efficient” education extends to school facilities and is committed to advocating for new, renovated or upgraded buildings in both overcrowded and poor school districts.

What Thornton Does Not Cover

The Bridge to Excellence in Public Education Act provided increased funding for Maryland schools, but it did not allocate any money to upgrade school facilities. With many buildings well over 40 years old — including some that date back to the nineteenth century — and other districts growing so quickly that there is rampant overcrowding, Maryland’s public schools desperately need additional funding to replace and renovate their existing structures and erect new buildings to relieve overcrowding. 

The State established a task force to study school facilities in 2002, which set minimum adequacy standards for school buildings and then compared those standards with existing facilities. The commission reported back in 2004, having determined that nearly $4 billion was needed for all Maryland public schools to meet the minimum standards. Of this amount, $600 million was needed for Baltimore City alone.

This number will only get larger over time, as the Building Construction Index (BCI)—a measure of construction costs similar to the Consumer Price Index—continues to increase. This index has risen 17 percent since 2003, raising Maryland’s estimated cost to repair all school facilities problems by an additional $700 million.

Creating a Task Force

In 2002, the General Assembly established the Maryland State Task Force to Study Public School Facilities, as an outgrowth of the Commission of Education Finance, Equity and Excellence, or “Thornton” Commission. Just as the Thornton Commission was asked to look at the adequacy of Maryland’s public schools, the task force was asked to examine the adequacy and equity of the Maryland Public School Construction Program.  To accomplish that goal the Task Force had every school building in the state surveyed to see how they performed against 31 predetermined criteria, which encompassed minimum local, state and federal health and safety guidelines.

In its final report, delivered in February of 2004, the task force found that the total cost to bring all of Maryland’s school up to the minimum level of adequacy, as defined by the Task Force, was $3.85 billion. Of this number, $1.54 billion, or 40 percent, was needed for additional student capacity for the 2007-2008 school year; $910 million was needed for high and middle schools; and $634 million for elementary schools. Just taking care of the health and safety deficiencies, meanwhile, would cost around $321 million.

Not only did the report document the existing gap, it also noticed that the state’s contribution for improving school facilities had steadily decreased from $286 million in fiscal year 2002 down to a proposed $100 million for fiscal years 2005-2009. At that rate, it would take nearly four decades to meet the current needs.

As a solution, the task force recommended that the state contribute $250 million every year for the next eight years, which, combined with local county funds, would begin to address the need.

To see a copy of the task force’s report, click HERE.

ACLU Conducts Its Own Studies

The ACLU Four State Study of State School Facility Programs

As the task force convened, the ACLU investigated how other states that faced litigation over school facilities had handled the matter, including identifying criteria that define adequacy, pricing the improvements that would be needed and allocating the funds.

The result of this work was “Funding for Educational Facilities,” a March 2003 study that examined Ohio, Wyoming, Arizona and New Jersey—states that had all successfully implemented large-scare school facilities renovation programs. The goal was for the task force to use the experiences of other states in preparing its own report.

The study pointed out that other states had measured school facility adequacy by constructing a series of pre-determined criteria and then measuring each building against those items. The study also recommended that Maryland use Arizona’s model for remedying identified deficiencies by creating a one-time State funded Deficiency Correction Fund, which would issue a series of bonds that would be serviced by a small rise in the sales tax.

The Four State Study had exactly the desired effect. The task force took many of the study’s recommendations to heart, including the criteria-based approach for identifying and costing out deficiencies.

Click HERE for the full text of the Four State Study.

Prioritization

To help the task force determine its priorities, the ACLU released its own study, which looked at the 31 factors used by the task force to determine which had the largest impact on student performance. This information could then be used to target schools with specific deficiencies first, on the grounds that some problems had a larger impact on student achievement than others.

Conducted by Dr. Glen Earthman, a professor emeritus of educational administration at Virginia Polytechnic Institute and State University, the study found that students in poor school buildings scored between five to 10 percentile rank points lower on average than students in functional buildings. In some cases, the study found that poor buildings could cause up to a 17 percentile rank drop.

Having established the discrepancies in test scores that are attributable to poor buildings, Dr. Earthman looked at which factors have the largest impact in creating this gap. He concluded that the criteria with the most impact upon student achievement (excluding health and safety, which he proposed should be the first order of business) are:

  1. Human Comfort — i.e. reasonable temperatures
  2. Indoor Air Quality
  3. Lighting
  4. Acoustical Control
  5. Secondary Science Laboratories
  6. Student Capacity in Elementary Schools
  7. Student Capacity in Secondary Schools
The task force cited the ACLU/Earthman study in its final report, saying that the order of priorities identified was very similar to the findings of state facilities experts.

To read the full text of Dr. Earthman’s Study, click HERE.

Legislation Without a Mandate

After helping guide the Task Force’s methodology, the ACLU began lobbying the General Assembly to adopt the recommendations for increased funding. This effort succeeded with the passage of the Public School Facilities Act of 2004 (SB 787/HB 1230). This bill estimated the state’s share of construction funds at $2 billion out of the $3.85 billion found by the task force, while stating local counties should pick up the other $1.85 billion. The bill also provided for the creation of the $2 million emergency repair fund recommended by the Task Force.

The language of the bill, however, only recommended that these actions be taken, rather than mandating funding. The act says the emergency fund shall be established, but only says that the State should provide $250 million a year for eight years.

To see a copy of the Public School Facilities Act of 2004, click HERE.
http://mlis.state.md.us/2004rs/billfile/SB0787.htm

In the past two years, the ACLU has continued to lobby in Annapolis for increased school facilities funding working with groups such as the Maryland State Board of Education, local advocacy groups and the Maryland Education Coalition (MEC). The ACLU of Maryland has also supported several new pieces of legislation that would have mandated school facilities funding at $250 million a year, rather than recommending it.

Similar efforts continued into 2006, as the ACLU, students involved with Teen Leaders for Change, Critical Exposure, the MEC, the Maryland Association of Counties, parents and teachers called on the governor and legislature to increase school facilities money to $400 million as a way of making up for inadequate funding the year before. The effort succeeded, as the governor and legislature increased school facilities funding to $322 million—an all-time high. The ACLU also advocated for a bill that would have created a statewide school building deficiencies correction fund, but that bill unfortunately failed to pass. 

Funding Helps, but the Problem Will Continue to Get Worse

The substantial increase in funding by the General Assembly and governor has certainly been very important in arresting the deterioration of Maryland’s schools. However, the school facilities problem continues to grow over time. Inflation causes construction costs to increase annually, which in turn raises the cost of Maryland’s facility deficiency costs. Since the task force issued its report in 2003, the cost of the cumulative statewide facilities deficiency has increased by 17%, up to $4,532,855.  This number will only grow larger as more time elapses.

Given this, the ACLU continues to push for the creation of a statewide deficiency fund that will cover as many of these costs as quickly as possible—a move that would save taxpayers money down the road. The ACLU is also committed to reviewing successful facilities funding strategies in other states and trying to bring the best practices back to Maryland.

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