The multiple formulas of Proposition 98 are so complex that they're difficult to understand, even more difficult to explain -- and, for those who want to know how much education money will go where, next to impossible to predict.
Twenty years ago, with just under 51% of the vote, California voters
approved Proposition 98, a constitutional amendment establishing a minimum
funding guarantee for education. For years afterward, officials at the
California Teachers Assn. (the initiative's main backer) and other proponents
made a habit of describing Proposition 98 as having receiving
"overwhelming support" from voters.
Today, the education funding guarantee is as popular as the
teachers union has long wished -- a true third rail of California government that zaps politicians
who dare to suggest altering it. So they rarely dare. Although Proposition 98
has much to do with the state's current $15-billion-plus shortfall, it is not
talked about much in the public debate over hiking sales taxes and borrowing
against the lottery and finding other ways to boost the state's revenues.
If anything, Proposition 98 appears to be the clear winner
of the budget season. Even as the budget picture darkened this spring, the
Schwarzenegger administration added $1.1 billion to its budget proposal to meet
the guarantee. And buried in the fine print of the governor's plan for a
rainy-day fund and spending limit is a provision that would protect Proposition
98 still further by eliminating the Legislature's ability to suspend it, as has
been done in bad budget years.
What accounts for the respect given to the education
funding guarantee? For one thing, Proposition 98, despite all its problems, has
served the useful purpose of enshrining the most important public policy issue
-- education -- as the state government's top priority. Second, there's
widespread fear on the part of state politicians of challenging the teachers
union and the rest of the education lobby.
But there's still another story behind the silence: The
multiple formulas of Proposition 98 are so complex that they're difficult to
understand, even more difficult to explain -- and, for those who want to know
how much education money will go where, next to impossible to predict. Silence,
it seems, is safer than wading into the thicket.
This widespread ignorance of Proposition 98's details is
most apparent when interest groups make claims about education spending and
budget cuts. This spring, for instance, teachers and education advocates
protested the governor's budget proposal by claiming that he was proposing to
cut education. Conservatives countered that year-over-year spending would go up
under the governor's budget. But, in fact, neither side was correct because
neither side knows.
No one -- not the governor, not legislators and certainly
not journalists -- has any clear idea what Proposition 98's education guarantee
will be in the new budget year, what size the cuts will be or whether education
spending will be cut at all. And because Proposition 98 typically accounts for
about 75% of education spending, and education is roughly half of the state's
overall budget, the rule of thumb when it comes to claims about the California budget is
this: No one knows anything. Why?
Please be careful before reading on. I promise your head
will hurt. Explaining Proposition 98 in a concise, accurate way does not make
for easy reading, and even budget experts throw up their hands when Proposition
98 is the subject.
The Legislative Analyst's Office, which employs some of the
smartest people in the Capitol, concluded its official "primer" on
Proposition 98 with the following surrender: "It involves complex
calculations that few fully understand and generates funding results that are often
unintuitive or -- even worse -- counterintuitive." Newspapers often report
that Proposition 98 guarantees that 40% of the budget should be spent on
education. That is at once not entirely false -- there is a provision of
Proposition 98 that says that -- and, at the same time, not really to the
point, because that provision of Proposition 98 has not been triggered in 19
years.
So what can you reliably know about Proposition 98? The
most important thing to understand is that Proposition 98's funding guarantee
is an ever-moving target. And because any estimates of cuts or increases in
education funding are based on Proposition 98, such estimates are wrong almost
as soon as they are calculated. With Proposition 98 spending projected to be
about $57 billion in the next budget year, a 1% mistake in a Proposition 98
estimate represents more than $500 million.
Proposition 98 (which was partly intended to make education
funding more predictable from year to year) is unstable even by the standards
of an unstable state. The formula is actually three separate formulas (there
were two in 1988, but one was added by Proposition 111 in 1990) that are
themselves based on the interaction between three volatile factors: student
enrollment (which can change rapidly after the state experiences a surge in
births or a large influx of immigrants), general fund revenues (which are
famously unpredictable in a state with progressive income taxes) and the
state's per capita income growth (a figure that has been booming and busting since
the Gold Rush).
And don't get me started on the "maintenance
factor," a formula within the formulas that requires that any shortfall in
Proposition 98 revenues in a bad year be restored in future years.
To tell you any more would simply confuse you.
In writing a 2006 book on Gov. Arnold Schwarzenegger, I
talked to dozens of people about Proposition 98, and found only one person in
the entire state who seemed to have a firm grasp on the formula: its author,
former executive director of the state school board and longtime education
consultant John Mockler.
In our first conversation, he told me that "nobody
ever really knows what Prop. 98 is really."
Mockler drafted the initiative at the direction of the
California Teachers Assn., which saw Proposition 98 as a defensive measure in
the state funding battles that followed the adoption of Proposition 13 and its
restrictions on tax increases. But Mockler has said he is not much of a fan of
it or any initiative, even ones he has written. Direct democracy is "mob
rule," he once told me.
Mockler insists that Proposition 98 is not as
incomprehensible as it seems. He boils it down this way: Proposition 98 ensures
that schools get the money they got last year, plus adjustments for inflation
and enrollment. But if it were really that simple, would Mockler be hired so
frequently to advise policymakers and others who don't understand it?
"You know, the state is complicated. Life is
complicated. The Ten Commandments are complicated," he said. "Because
people think Prop. 98 is so complicated, I got to send two kids through
Stanford."
Could there be any changes made to Proposition 98? The
Legislative Analyst's Office suggested in May that the Legislature
"systematically review formulas -- both those passed by the voters and those
enacted by the Legislature -- to determine if they are still needed and
continue to reflect today's priorities."
But in the absence of top-to-bottom tax reform that
includes a repeal of Proposition 13, the idea of repealing Proposition 98
should be ruled out. For all its problems, it does, in its strange way, what
the voters intended: It protects education funding.
Some critics of Proposition 98 have made a more nuanced
argument: They've complained that it allocates money based on revenue growth
but without factoring in whether the state budget is in deficit or in surplus.
One unusual year -- a very bad drop or a very big increase in state revenue --
can throw the Proposition 98 guarantee and the entire budget out of whack.
These critics would like to see the deficit (or surplus) added to the
calculations of the formula.
But it is by no means clear that including other variables
in the formula -- such as factoring in the state deficit -- would represent an
improvement. Adding more factors might only make a nearly incomprehensible
equation even more complicated.
Simplifying the formula so that policymakers, not to
mention the public, could understand it would be a noble goal, but the powerful
California Teachers Assn., which has protected Proposition 98 with a fervor
that the early Christians should have applied to the Holy Grail, would be
unlikely to agree to reopen the subject. (In secret talks with Schwarzenegger
aides in 2005, representatives of the teachers union offered ways to
"smooth out" annual spikes in the Proposition 98 formula, but no
agreement was ever reached.)
The union likes the formula precisely because it walls off
education from some of the annual budget winds. And it is Proposition 98's very
complexity that helps education officials defend it. How do you build a better
mousetrap when you can't understand how the current mousetrap works?
In fact, the state would be in big trouble if Mockler,
Proposition 98's author, is ever so selfish as to die. Perhaps some
public-spirited rich person could sponsor a ballot initiative that would
require Mockler, who turns 67 later this year, to live forever.
California
will need him. Like it or not, Proposition 98 will have a long future.
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