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Mary Filardo, 21st Century School Fund
Testimony on the DC Public Education Reform Amendment Act of 2002

February 13, 2007

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District of Columbia Council Hearing

Mary Filardo, Executive Director of the 21st Century School Fund

February 13, 2007

I am Mary Filardo, executive director and founder of the 21st Century School Fund. Thank you for giving me the opportunity to speak today. The 21St Century School Fund is a not for profit organization that is dedicated to improving urban public school buildings so they support high quality education and community vitality. Our roots are in Washington, DC-my three children all graduated from DC public schools-the first projects of the 21St Century School Fund were initiating and managing the Oyster School public private partnership and preparing the 1995 Preliminary Educational Facilities Master Plan, the first such plan for DCPS since 1967.

The 21st Century School Fund leads a national community of practice supported by the Ford Foundation, called Building Educational Success Together (BEST). BEST connects educational and community leaders from New York City, Chicago, Newark, Cincinnati, New Orleans and the Bay Area. Together we have developed model policies and identified best practice for school facility planning, creating schools as centers of community, facility management and facility funding. We also sponsor and participate in research on facilities and learning and facilities and community. We recently released a report Growth and Disparity: Ten Years of U.S. School Construction 1995-2004.

In the District of Columbia, 21st Century School Fund engages in research, advocacy and specific project development to test new practice. We are currently part of a team working with DCPS to modernize Savoy Elementary School and create a shared gym and community center on MLK, Jr. Avenue that will be in Savoy Elementary School, but be shared by Savoy, Thurgood Marshall Academy Public Charter High School, and the Department of Parks and Recreation. We are also engaged in two research studies for the State Education Office-one on enrollment patterns among District of Columbia public school children and the other a study of public charter school facility conditions and facility financial obligations.

I support whole heartedly the need to expand and coordinate public services to children and families in order for children to be successful in school. I also agree that intervention is urgently needed to improve the education of the public school children in the District of Columbia. I also concur that complex governance and a lack of accountability contribute to the slow pace of improvements in DCPS schools. However, the District of Columbia Mayoral Accountability Act of 2007 as proposed has some major shortcomings.

  1. It provides less accountability than needed by maintaining the current system of the LEA and SEA reporting to the same authority.
  2. It eliminates the rights of the public to be informed and participate in decisions about their public schools; and
  3. It fails to offer a best practice approach to the management of public school facilities.

I will limit my testimony to Title VII of the Mayor's Accountability Reform Act which deals with facilities management and construction.
All public school students, teachers and staff are entitled to be in safe, healthy and educationally appropriate facilities. The citizens of the District deserve public schools in their communities that are sources of civic pride and that are available for community use. While this is already true in some DCPS schools and communities, this is far more the exception, than the rule.

The issue before the Council, as it relates to public school facilities, is not whether the facility conditions and excess space problems are critical and the management of facilities is inadequate-this is more than established-or whether the vision for high quality facilities is shared-this too has been clearly articulated and evidenced-but whether Title VII, as it is proposed is the best way to address the facility problems in our public schools. It is not a choice between the status quo and this one proposal. It is a choice between the proposal before the Council and many other approaches for supporting a system of well managed public school facilities.

The Mayor has looked to other cities for models of good practice, but there is no evidence to suggest that an independent school facilities authority is the right way to go if other cities or states are any measure. In fact, there is a great deal to suggest that putting in place a new public agency or transferring it to an already existing public authority will slow down forward momentum, rather than accelerate it; that it will increase costs, rather than contain them; that it will compromise quality, rather than enhance it.

There are many different models for managing school facilities and construction. I refer you to a study we did with Scientex Corporation for the World Bank on best practice in managing capital programs. We found that there were 6 elements to a well managed capital program. These were:

  • good information management;
  • participatory planning for master plans, capital plans and project specific planning and design;
  • transparent and timely decision making;
  • competent and honest program and project management;
  • internal controls and external oversight; and
  • stable and sufficient funding.

We found there are no short cuts and that under ANY system public authority, in-house management, or fully privatized, if these conditions are not in place, there will be problems in a school construction program.

Title VII of the legislation which establishes the Public Education Facilities Management and Construction Authority, is a real estate, financing (maybe, can't tell), maintenance, and construction authority. The scope is so broad that it is bound to create problems. I remind the Council that there are over 16 million square feet of space in the public school buildings and over 700 acres of land. This new independent authority will have the power to manage the assets, amend the facility master plan, close schools, assign space to public charter schools, maintain the buildings and plan, design and construct new schools, modernize schools, and make other capital building improvements. This authority will be bigger than either NCRC or AWC (National Capital Revitalization Corporation, Anacostia Waterfront Corporation)..

The Council and the Mayor seem to believe that there is not enough concentrated authority to manage facilities well. I believe that too much concentrated authority has been a major cause of the planning and management problems in DCPS facilities.

The BOE and superintendent have had complete control-with un-examined standards, little oversight, transparency or accountability. It is not a system that secures the best results. As Title VII is currently outlined, the same system will be in place. It is as though DC keeps trying to return to a system with three commissioners who run everything-a kept city, without civic life. This may seem counter intuitive, but I believe what DC needs is more dispersed responsibility and authority-not less. For the increasing level of investment, importance, complexity and current need, the authority and responsibility for facilities is not assumed broadly enough.

I propose the following:

Information Management Deputy Mayor; DCPS; OPM; PCSB; DCRA; OP; SEA/SEO Information on public school facilities, including public charter schools should be incorporated into basic information systems in DC government and developed and maintained by DCPS and by the Public Charter School Board.
Planning and Asset Management

Public/Public Partnerships

Deputy Mayors for Education and
Economic Development; DCPS; OPM; PCSB; OP;
The responsibility for master planning and space allocation--between DCPS and public charters and public schools and other public agencies is a state function and should be under the deputy mayor for education. This is consistent with the deputy mayor's responsibility for planning and for interagency collaboration for programs and services. It should not be in a construction authority.

Identifying priority projects for the Capital Improvement Plan would be based on the master facility
plan and should be the responsibility of the superintendent/BOE, or under a takeover system, the chancellor/Council.

Public/Private Partnerships NCRC; AWC; Because these partnerships are complex and time consuming, beyond the range of normal school planning and construction, the response to and initiating of public PRIVATE partnerships, like Oyster or School Without Walls/GWU should go to entities with real estate and development capabilities.

BOE or Council would identify sites or schools with potential for partnership, then BOE or Council
would convey the school into NCRC or AWC -- this is consistent with Portland Oregon Real Estate Trust-for the development of the project and once done, return the school portion back to DCPS.

Decision Making BOE/Council/ Superintendent Good decisions require involvement of multiple entities-from local schools and neighborhoods to BOE, Council and Mayor. In the case of procurement decisions, efficient, fair and transparent regulations need to be in place and applied.
Facilities Management for Maintenance DCPS/Chancellor
Local School
There needs to be high level maintenance executive in DCPS reporting to the superintendent or chancellor.

Because of the importance of maintenance and repair to the day to day operations of the schools, the 

responsibility should be shared by superintendent/chancellor and the local school.

Local schools should be able to secure authority and budget over the repairs and maintenance of their individual school. Local businesses should be able to secure small contracts to do repairs and maintenance in the schools.

DCPS/Chancellor could outsource maintenance if they do not build capacity with local schools.

Facilities Management for Capital DCPS/Chancellor Outsource to private firms Neither DCPS nor the mayor has sufficient capital project planning, design or construction capacity to implement the DCPS capital plan. Whether under the Board of Education or a chancellor, the optimal model is to out-source the management of the capital program. New Haven currently has a firm managing $1.2 billion in school construction. Approvals stay with public sector, but management is outsourced.

If the Mayor and Council insist on a separate construction authority, give it a focused, narrow responsibility with good oversight. Give a school construction authority only fully developed and publicly vetted projects that have had adequate due diligence----public planning, educational program specifications, enrollment projections, neighborhood analysis, feasibility study, design and construction schedule, and soft and hard cost estimates, escalated for inflation. Give the authority limited life perhaps 7-10 years.

Oversight Deputy Mayor for Education; Deputy Mayor for Economic Development; Council; BOE; IG and AG There need to be regular audits and reviews of school construction and public school facilities. This is true for public charter schools, as well as DCPS projects.

Mayor could assign DCRA to do a health and safety inspection for each school-charter, public and private, with ability to fine or close a school that had bathrooms that don't function, water fountains that are inoperable, pest infestations, or unsanitary carpet, for examples.

Modernization Oversight board, would only be tasked with ensuring that overall internal controls are in place for the modernization program. 

Mayor needs to put in place a capital project review process and team that knows about buildings and building projects, to ensure that only projects well' scoped and estimated are in the CIP.

Council needs separate capital budget reviewers who understand capital projects and budgets.

Stable and sufficient funding   Funding capital without funding maintenance funding is like the grasshopper and the ant. No building, I don't care how new, without maintenance will fall to disrepair.

District has funded capital, but still falls short completely on maintenance. A maintenance blitz is critical, but unless it is part of ongoing maintenance system, the benefits of the blitz will be short lived.

The pay scale for public sector jobs in facilities and procurement are too low to attract and keep qualified employees at all levels, from executive, middle management to support staff. In one of the hottest building maintenance and construction markets in the US, experienced, maintenance, skilled planning, design and construction staff is not available to DCPS. The energy management position, for example, has been unfilled for a year and a half. Other positions have been left unfilled for many, many months. While there has been more than enough capital funding in the pipeline, resources for facility and procurement personnel from the school custodians to executive levels are too low.

This has lead to tremendous turnover leaving those in all positions with little ownership or pride in the schools or projects for which they are responsible. This threatens the quality of the planning, maintenance, design and construction.

The public charter schools currently get a per pupil allowance for facilities on top of the Uniform Per Pupil Funding. This is nearly $70 million this year and as public charter enrollment climbs, so does this expense-unlike funding from the modernization bill, these funds can be leveraged and public charter schools are using their income streams to borrow to purchase and build public schools.

AG - Attorney General; AWC- Anacostia Waterfront Corporation; BOE - Board of Education; DCPS - DC Public Schools; DCRA - Department of Consumer and Regulatory Affairs; 

IG - Inspector General; NCRC - National Capital Revitalization Corporation

OP - Office of Planning; OPM - Office of Property Management; PCSB - Public Charter School Board; SEA - State Education Agency; SEO - State Education Office.

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