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Act 60 is in Trouble
And Somebody's Gonna Have To Pay

Act 60 needs more money. That was the message at the annual meeting of the Vermont Coalition of Municipalites (VCM) in Rutland on Wednesday when legislative leaders and economists spoke about the fate of the education funding law. It was an afternoon of gloomy statistics probably best summed up by Speaker Walter Freed's (R-Dorset) comments: "We told you so."

When Act 60 was passed, opponents predicted that it would not be sustainable. Now, those predictions are backed up by a report compiled for VCM by Northern Economic Consulting (NEC, publishers of the Vermont Economy Newsletter: http://www.vteconomy.com/. The NEC study found that taxes have soared while education expenses have outstripped inflation, despite a drop in enrollment.

The typical Vermont family's education tax bill is 29 percent higher than it was when Act 60 was enacted four years ago, according to the NEC report. Total spending for K-12 public education has increased by 26.3 percent in this period, from $720.8 million to $910.5 million. Above block grant spending, requiring participation in the shark/sharing pool, has increased by 63 percent since FY99.

The report forecasts that if established trends continue, the Education Fund will use up its reserves during FY03 and post deficits that total $5, $12.3, $21.4 and $32.4 million in FY03 through FY06. Obviously, some action must be taken to avoid this situation. While the report makes no recommendations, it does list several policy options that might be explored by the legislature:

  1. Act 60 could be replaced with another education funding plan.

  2. A cost control scheme could be implemented, and deficits avoided if spending increases were somehow held below Revenue growth. (Per pupil spending has increased 6.9 percent during each of the past two years. Revenue growth of 5.3 percent is forecast for FY03).

  3. Revenues could be increased by altering the Act 60 formulas. The statewide property tax could be raised. The block grant could be reduced. Or the income sensitivity formula could specify a lower household income cap or a higher percentage of income. Of course, each of these changes would shift a greater burden onto local tax payers. They all are tax increases of one form or another.

A copy of the NEC report is posted on the Act 60 web site: http://www.Act60.org

Even before the representatives from the VCM's 55 cities and towns heard the report, Senate Pro Tem Peter Shumlin (D-Windham) and Speaker of the House Walter Freed (R-Dorset) both talked about the extraordinary costs of education.

While Shumlin is still committed to Act 60, Freed remarked that education funding schemes, like locusts, seem to come around about every seven years, and we are "about on schedule" for more change. However, like Shumlin, he had no easy answers for where to get the revenues. Shifting education funding to other taxes would require huge increases, he said - a 15 percent sales tax, a 55 percent rooms and meals tax, a tax of nine dollars on cigarettes, or a shift from a 24 percent state income tax to a 51 percent income tax (based on percentage of federal taxes). None of these would be politically or practically feasible.

Freed offered no specific proposal at the meeting other than to say he thinks the income sensitivity provisions of Act 60 need to be revisited because some higher-income people are qualifying for them.


James Dwinell and Libby Sternberg are editors of the conservative Dwinell-Sternberg Report, which is published weekly by JDLS Publishing, LLC. Portions of the Dwinell-Sternberg Report may be reprinted with attribution.




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