Cypress-Fairbanks ISD Asks for Record-Breaking $1.76 Billion Bond

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On May 4, 2019, Texas’ third largest school district will ask voters to approve the largest school bond debt package in state history.

Cypress-Fairbanks ISD, located northwest of Houston, reports a student enrollment of 116,249 for 2018-19.  The district has grown significantly over the past few decades, although growth has slowed recently, with an increase of about 3,000 since the district’s last bond election in 2014.  CFISD officials predict the district will grow by another 3,000 to 4,000 students by 2025.

Earlier this year, the CFISD Board of Trustees voted unanimously to hold a new bond election requesting a record-setting $1.76 billion in new debt.  If approved, CFISD ballot language states that the funds will be used for a variety of construction and renovation projects, purchases of land and buses, as well as improvements to security infrastructure.  The CFISD website indicates that the bond package will only fund two new schools, but also a new performance center and an instructional support center.

Despite the unprecedented amount of tax-payer debt requested, there does not seem to be any organized opposition to the nearly $1.8 billion proposal.  The district seems to be promoting the bond with its taxpayer-funded website, and as with the 2014 bond election, a number of contractors, businesses, and individuals have funded a political action committee entitled “Say Yes for CFISD Kids” in order to pay for campaign materials promoting passage.  Many of the 2014 contributors are again listed on the PAC’s 2019 website, and some of those 2014 supporters were awarded ISD contracts related to the previous bond.  ICI Construction Inc. listed as a 2014 “Say Yes for CFISD Kids” PAC contributor, was awarded $16.87 million in contracts by the district just last September.

The 2014 CFISD bond set records at the time, successfully obtaining approval for $1.2 billion in new debt.  As of February 2019, the district had yet to issue $158.8 million from that package, but chief financial officer Stuart Snow indicated the district would sell the remaining amounts in the fall of 2019.

CFISD’s 2014 bond was infamous for more than breaking the billion dollar mark; the board of trustees authorized the use of controversial “rolling polling,” which significantly suppressed voter turnout and provoked state scrutiny.  During early voting, the district moved voting locations daily, creating an inconvenient and chaotic scenario for citizen participation.   Consequently only 7,266 of more than 200,000 registered voters participated in that election (with only 5,909 voting to approve.)

The controversial strategy used by both the Cypress-Fairbanks and Frisco districts prompted the Texas Legislature to outlaw so-called “rolling polling” the following year.  As bill sponsor Greg Bonnen (R-Pearland) noted in 2015, the practice could allow school districts to “essentially harvest votes.”  Bonnen stated, “That did not seem consistent with giving all the voters an equal stake in the election.”

While pro-taxpayer advocates successfully banned CFISD’s problematic election structure, state bills proposed to improve transparency and voter participation have not prevailed.  Texas school districts and other local government entities are not required to display existing outstanding debt information, including principal and interest.  There is also no ballot language requirement for displaying estimated principal and interest of the proposed bond, nor the estimated tax impact.

Even without a ballot language requirement, such information is difficult to find.  The Texas Comptroller’s “Debt At A Glance” site is woefully out of date, and only includes data from August 31, 2017.  The site does note that a portion of the district’s debt is due to capital appreciation bonds: controversial and costly non-voter-approved borrowing that was finally restricted by the state in 2015.  CFISD’s CAB debt includes a principal amount of $505,000, but a maturity amount of a staggering $6.64 million.

The Texas Bond Review Board site is a little more helpful, reporting the following for CFISD, fiscal year 2018:

Principal:  $2,517,955,000 ($2.5 billion)
Interest:  $1,338,864,254 ($1.3 billion)
Total Payment: $3,856,819,254 ($3.8 billion)

Reformers argue that any business or individual seeking loans would have such information scrutinized by lenders, but Texas does not require similar information to be provided to voters.  Nor is relevant debt data readily discoverable on the CFISD website, although the 2018-19 summary of the proposed budget does report that debt service will be more than $205 million this year alone.

Supporters of the bond have produced the usual arguments about increases in student enrollment and need for updates.  No doubt these are legitimate concerns.  But fiscal responsibility advocates note that while Texas student enrollment increased 48% between 1993 and 2015, the number of teachers increased by 56% and non-teaching staff by 66% over the same period.  Watchdog groups also note that many school districts have spent generously on upscale stadiums, performance centers, and even water parks.  (CFISD spent $84 million on the touted Berry Center stadium in 2006.)  They note that such spending increases do not correlate to improved student outcomes.  CFISD’s archives indicate Grade 3-8 reading and writing achievements have actually declined slightly since 2014, and the Texas Education Agency reports that in 2018 43% of the district’s students were performing “below grade level.”  While the bipartisan Texas House Bill 3 calls for districts to conduct third-party “efficiency audits,” CFISD is currently not obligated to provide such an efficiency-in-spending audit to the public.

While claiming need for increased spending and debt, CFISD continues to use taxpayer funds to lobby against expansion of charter schools, which often help districts absorb student growth and can be more successful in improving student outcomes, all while spending less per pupil.  CFISD also spends taxpayer money to lobby for dismantling the state’s new school accountability ratings and reducing objective student achievement measures like standardized tests.

Due to the anticipated low voter participation rates typical of May elections, along with PAC spending on promotional campaign activities, and a lack of organized opposition, CFISD’s record-setting bond is likely to pass.  As with the 2014 bond package, the district has tried to reassure voters that they will issue bonds slowly and to try to mitigate the inevitable tax rate increases.  They are also counting on rising property values and growth in the tax base to increase revenues, but there are no guarantees regarding future tax increases.  Even if the Texas Legislature comes through with currently proposed reforms, both the 2014 and 2019 bond packages give CFISD the leeway to increase taxes to pay for its ever-growing debt burden.

Find voting information for the CFISD 2019 Bond Election:

Early Voting:  April 22-30, 2019

Election Day:  May 4, 2019

 

School for the School Board

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What is the primary duty of local school boards?

I recently asked this question of a seven-year Texas school board trustee.  She answered:  1) to maximize student learning achievement, 2) to hire and supervise the superintendent, and 3) to set and manage the district budget.  She followed up by emphasizing, “In that order,” because, she noted, “ nothing is as important as student learning.”

While these may sound like obvious goals, many school boards spend an inordinate amount of time on everything but student achievement, and often during a confusing array of closed and open meetings that may last an excruciating eight hours or more. Former TEA official, Kara Belew, now senior education policy advisor at the Texas Public Policy Foundation, notes that she spent nearly a year observing one board that never once addressed student achievement issues.  School boards across the state may be touting spectacular sports stadiums and water parks, or worse, crafting “legislative agendas,” (for which the district often spends taxpayer dollars to lobby the state for more taxpayer dollars), but few boards are even talking about whether district students are learning reading and math.

One solution is to send school boards back to school.

Under current law, elected school board trustees must undergo training, but the state has permitted a number of outside groups to provide these trainings; the most prominent provider being the Texas Association of School Boards (TASB).  Now, under Commissioner Mike Morath, the Texas Education Agency is offering an optional board training and certification through “Lone Star Governance,” a program that directs focus on one primary objective:  Improving Student Outcomes.

Why is this important?

While there has been some good news for Texas students, such as the drop in the number of low-performing schools and increase in SAT/ACT pass rates, there’s still plenty of troubling news.  At a recent education policy summit in Austin, Commissioner Morath shared that while there has been improvement, only about 43% of third-graders are meeting grade level in reading and math,  around 50% of 8th graders are on target, and less than 20% of Texas students are attaining college-ready scores on the SAT/ACT.  Clearly, there is still plenty of room for improvement.

As always, there is the perennial call for more spending, but state education funding has increased from $43.1 billion in 2007 to $60.6 billion in 2017.  Also, at $11,349 in per-pupil spending, Texas hovers around the national average and still with better results than big spenders like New York and California.

In light of these hard numbers, many taxpayers and parents are calling for greater efficiency and purpose in education spending, including a focus on the issue that really matters: student learning.

Enter the TEA’s Lone Star Governance program.

During LSG’s two-day training, elected school board trustees and superintendents are taught to set an achievable number of publicly-stated goals and constraints that focus on improving student outcomes.  Attendees learn to track progress, properly empower and constrain the superintendent, and to conduct regular evaluations of both the superintendent and the board itself.  Boards are also encouraged to adopt policies that prevent conflicts of interest and promote transparency.   And, to the great rejoicing of ISD observers everywhere, boards are given time-tracking tools, taught to minimize “closed” session meetings, and limit regular and public meetings to three times a month and two hours each.

The Lone Star Governance program is not the silver bullet that will fix everything in public education, but I do see cause for cautious optimism. Under the previously mentioned TASB trainings, newly-elected trustees are taught that the superintendent is the “quarterback,” who directs the activities of the board.  This dynamic is alarmingly at odds with the original democratic structure in which school boards are answerable to both the voters and the state (since the state is the entity constitutionally responsible for a system of public education).  In a properly aligned district, the superintendent is an empowered employee of the elected board, but not the ultimate authority.  By equipping boards to find the happy medium between micromanaging and giving superintendent’s carte blanche, the LSG program restores an appropriately constitutional governing mindset.

Also, although TASB purports to share the same goals, trainers been known to convey a contemptuous attitude towards reformers, parents, and taxpayers, and to encourage boards to engage in lobbying the state legislature to protect the status quo and oppose reforms.  Lone Star Governance actually mentions “empowering parents,” and seeks to return board focus to the students, or as Commissioner Morath calls them, the “5.5 million souls” in the Texas education system, and whether or not they are learning.  Of the boards that have adopted student achievement as the primary goal, there seems to be an increased willingness to allow innovations such as in-district charters and parental choice programs that have been so successful in other parts of the country.

One cause for concern in the LSG materials is the heavy emphasis on board unity and teamwork. Not that unity and teamwork are bad things, but one problem with many school boards is that misguided notions of “unity” have sometimes stifled the kind of debate that leads to better outcomes. No trustee who questions the efficacy or cost of proposed policy should be labeled “rogue” or “maverick” as TASB has done.

School boards should focus on the real purpose of public education, which is not to maintain institutions or provide jobs, but to educate children.  Real children, or as Commissioner Morath describes them, “souls.”  That distinction makes all the difference in the world.