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The State Fiscal Stabilization Fund Mess in California

June 9, 2009 - 12:59pm

It is no secret that California is in a heap of budget trouble for fiscal years 2009 and 2010, let alone the years after that. Thus far, California has taken its fiscal woes seriously with respect to federal education funding. It submitted and won approval for its State Fiscal Stabilization Fund (SFSF) application in the very first round to ensure a quick flow of federal economic stimulus dollars. But a $2.0 billion dollar accounting mistake has led the state to submit a revision to its application that could enable Governor Schwarzenegger to cut education funding further.

Essentially, the California Department of Finance claims that it overestimated the state's maintenance of effort (MOE) baseline funding (based on the state's fiscal year 2006 spending levels) by $2.0 billion due to complications with "settle up" funds owed to school districts. The MOE determines the minimum amount of funding a state must provide to both K-12 and higher education in 2009 and 2010, enabling states to use SFSF dollars to fill in resulting budget gaps. This oversight allows the state significant flexibility in its state contributions for education funding in 2009 and 2010.

At the same time, the state failed to include community college funding in its MOE numbers for higher education. As a result, the original SFSF application significantly understated how much money the state will spend on higher education each year. This oversight resulted from the unusual way California funds its community colleges. Community college funding is included with K-12 funding as determined by Proposition 98-a school spending law which sets an annual minimum funding level for K-14 in the state.

California's revised SFSF application appeared on the Department of Education's website last Friday even though the revision is dated May 17th. The amendment only changes the MOE baseline numbers (Part 4, Section C) for K-12 and higher ed, not the section where the state commits to actual levels of spending (Part 5, Section A). As a result, it seems that California hopes to reach the original state contribution levels but is allowing for the possibility of lower spending in the case of real budget problems. The original and revised MOE numbers, as well as the state spending levels, can be found in the table below.

The only significant changes beyond the $2.0 billion drop in the K-12 MOE baseline number for fiscal year 2006 is the jump in the higher ed MOE numbers to account for community colleges. This is problematic because the state did not submit a revision for its actual spending levels for higher ed, creating a large gap between the MOE numbers and the actual spending levels.  This may also have an impact on the distribution of SFSF dollars between K-12 and higher ed. If the community college inclusion shifts the proportion of the state deficit attributed to higher ed versus K-12, California will be obligated to spend additional SFSF dollars on higher education. It is possible that the governor will have to submit yet another revision to account for this change.

Because the $2.0 billion MOE revision affects K-12 spending and not higher ed spending, California's public schools could face even greater budget cuts than previously expected. Documents from the California Department of Finance suggest that total cuts to spending legislated through the Proposition 98 funding law could be as high as $6.0 billion over two years compared to previously planned budget numbers.  While these cuts will be somewhat offset by SFSF spending, California was not provided with sufficient SFSF dollars to account for its entire budget deficit.

California is not alone in its budget struggles. But as the state that educates more public education students than any other, these budget troubles are sure to have a widespread effect. We hope that spending cuts are made wisely to minimize their impact on the quality of education students receive.

SFSF questions

It seems that the Revisions to the State's application have been massaged to allow the State to cut more from the two university systems, which unlike K-12 and Community Colleges, are not subject to Proposition 98 mandates and can be cut as much as needed. Adding Community Colleges to the mix seems designed to keep the amounts above the original MOE for Higher Education (5.4 billion), which they might well have fallen below. If so, isn't this somewhat suspect ethically, if not legally?

But something is amiss in all these numbers. On the one hand, the amounts of the budget cuts proposed for UC and CSU suggest that the General Fund allocations must either be well below the 5.4 billion (or that something funny is going on in how the amounts of these cuts are being calculated). On the other hand, documents from the California Department of Finance and from the CA. Legislative Analyst's Office state explicitly that the budget reductions were designed to bring the General Fund allocations down to the Federal MOE, as originally calculated (5.4 billion). It isn't clear to me how these different statements can be reconciled.

It seems impossible to get a realistic estimate of what the General Fund allocations for UC and CSU, not to mention Community Colleges, will be for 2009-10. But either the allocations will be much lower than is stated, even approaching the bottom limit of 8.86 billion in the amended application for SFSF, or else the State and the Universities are exaggerating the amount of budget cuts.

Can anyone clarify?

Hi Earl, Thanks for your

Hi Earl, Thanks for your comment. I understand your concern about the MOE levels for the UC and CSU system. However, its important to keep in mind that CA cannot let funding levels for either system (or any program individually) fall below 2006 levels. So, ideally, adding in the Community College funding into the higher education numbers guarantees a certain level of funding for that system (separate from Prop 98) in addition to the other higher education systems. Any estimates of actual state funding for either system would only be available via the California Budget Offices, which may still be in flux as they assess their ability to spend for the coming year.

MOE levels

First, let me offer my respect for original piece on this topic. It's the best, most informed thing I've been able to find on the topic.

But I've been told (by an analyst that I would have thought was reliable) that the MOE levels only apply to Institutions of Higher Education taken altogether. Thus, the State could cut below the MOE estimates for the University systems (UC and CSU) since the Community College funding has increased by quite a lot since 2006 (as mandated by Prop 98).

If, as you say, that's not the case and individual programs (in this case, UC and CSU) must be kept at 2006 levels, then that could have a dramatic effect on the cuts and furloughs currently proposed for the Universities. (Of course, I suppose, the State could ask for a waiver?) Could you, please, let me know where I could find support for that? It is a matter of considerable importance, as you can imagine.

Thanks for your support

Thanks for your support Earl.  This is absolutely of considerable importance for the UC and CSU systems.

 I just took another look at CA's approved application and the amendment and its definitely difficult to determine how exactly the state plans to spend its money.  Because the amendment does not include a new calculation of the expenditure of  the SFSF monies (in fact it claims that the Community College system will be allocated more money in 2009 than in 2008) it leads me to believe that the state will not be spending any SFSF monies on the Community College system. This would suggest that the actual restoration levels will be the same regardless of the amendment.  This is also possible because the amendment does not include a new estimation of state spending, just a new estimation of the Maintenance of Effort levels.

That said, the declared MOE for UC and CSU is lower in 2009 than the declared state spending from the original application ($3.429B versus $3.168B for UCs and $3.199B versus $2.903B for CSUs)  so this also suggests that the state's application commits the state to spend more than the minimum MOE in 2009 on both systems.  In contrast, the declaration of spending in 2010 matches the MOE levels.

 If CA does choose to use the inclusion of the CC system in the MOE to lower spending on UCs and CSUs below their individual MOEs they will be in breach of their SFSF application - which could present ethical and legal problems.  They can choose to request a waiver but I havent heard anything about that yet.

You can see both the original and the amendment apps here:

http://www.ed.gov/programs/statestabilization/resources.html

 I hope this is helpful.  As we hear more on this topic, we will be sure to update with more posts.

The Numbers Don't Add Up

Believe me, I've already read the original and amended applications for California very carefully.

But given the budget cuts, the State will definitely go below the MOE's for CSU and UC, and maybe even below the 2006 MOE total of $8.8 billion including the Community Colleges.

Note: CSU Chancellor Charles Reed, May 27, 2009 www.calstate.edu/budget/documents/0910-memo-cbr-evans-ducheny.pdf :
“The May 14 proposals would place our General Fund appropriation at $2.485 billion, a level that is $485 million—or 16 percent—below the 2007-08 level. Even with the recently authorized increase in student fees, and even with one-time federal stimulus funds, we face an operating deficit for 2009-10 of $314 million.”

And that estimate of $2.485 billion General Fund appropriation for 09-10 was prior to the additional cuts for CSU and UC that the Governor proposed later. The CSU now claims that for 2009-10, their General Fund budget has been cut $584 million (and that is after counting an estimated $640 million from SFSF and an additional $84 million in raised student fees).

So, the numbers definitely do not add up. I therefore believe that you are mistaken about the MOE levels applying to UC and CSU, since it seems clear that the proposed expenditures will be below those levels. This suggests that the State is indeed using the Comm. College funding levels as a buffer to allow them to cut more from UC and CSU. So, if you can point me to any evidence that MOE levels must apply to UC and CSU apart from the Comm. Colleges, please do so, because I can't find any language to that effect in the ARRA.

Btw, as regards stimulus for the Community Colleges, the California Postsecondary Education Commission’s June 2009 update www.cpec.ca.gov/completereports/2009reports/09-19.pdf states:
“The most recent budget proposal for the community college system reduces current and budget year spending by nearly $820 million. The latest community college estimate is that $130 million in stabilization funds will offset a small portion of this reduction.”

I'm sure you're busy and can't afford to continue this extended dialogue. If you have that info on MOE levels, please let me know, otherwise I won't bother you further. Thanks for you help and sorry for taking up so much of your time.