Metzler says he will provide school board with documents outlining legal obligations for special education
PLAISTOW — Members of the Timberlane Regional School Board and the administration disagree over the financial obligations of the district, causing concerns that 2018-19 default budget would lead to deficits or legal issues.
The $71.3 default budget — approved by the school board in a 5-4 vote — budgeted $9.3 million for special education and $3.1 million for student transportation. In a draft of the default budget created by Timberlane Business Administrator Geoffrey Dowd, the district budgeted $9.9 million for special education and over $3.6 million for transportation.
According to state law, a default budget — which comes into play if voters reject the district's proposed budget — equals the amount of the operating budget from the previous year, plus any increases from contracts or legal obligations and minus any one-time costs.
However, the district and some school board members disagree about those legal obligations and one-time costs, meaning there is a $2 million difference between their budgets.
Superintendent Earl Metzler and Dowd argue that the default budget underfunded both student transportation and special education, which would have major negative impacts on the district. Because the district is required to fulfill all special education needs and provide adequate transportation for students, if those lines in the default budget do not increase, the district would be forced to pull funds from other areas in the budget.
Disagreeing with the administration, School Board Chairman Brian Boyle said he is confident all aspects of the default budget were created legally and properly. He said that he spoke with four different New Hampshire lawyers to confirm the default budget is in compliance with the appropriate RSAs.
"We followed that process right to the letter of the law," said Boyle. "I take the duty and responsibility of chairman of the school board very seriously."
Boyle explained exactly how the default budget follows the law.
For transportation, the default budget shows level funding because there is currently no new contract approved. Once the district accepts and approves a new bus contract, the student transportation line in the default budget will be adjusted to reflect the increase of the new contract.
Boyle also told the Tribune that the school board has not received any documents from the district that demonstrate a contract or legal obligations for special education that amount to the increase outlined in the district's original draft of the default budget. Therefore, without a contract or proof of legal obligations, the school board cannot legally increase the special education line of the default budget.
"Our hands are tied in the terms of how the default budget is calculated," said Boyle.
However, Metzler said the legal obligations for the district to meet Individualized Educational Plans and special education needs are very real and the district is prepared to justify and show all legal obligations.
"We will provide Chairman Boyle with whatever documentation we can legally provide so that the default budget is both accurate and legal," said Metzler.
He added, "We will go line by line and justify every single expense."
Metzler said he spoke with Boyle Friday morning following the lengthy school board meeting Thursday night, and he said the two — alongside Dowd — hope to meet early next week to clarify the districts legal obligations for special education spending.
"My goal is to have the business administrator, the superintendent, and the chair all in agreement so that I can support the default budget," said Metzler.
Boyle said for the special education line in the default to change, the information provided from the district, "has to be monetary and has to be contractual."
"We will clearly honor all contractual obligations of the district," said Boyle.
The school board is slated to join the budget committee next Thursday at their supplemental public hearing to discuss the proposed operating budget and all monetary warrant articles.
The hearing is to be held Thursday, Jan. 25 at the Timberlane Performing Arts Center at 7 p.m..
While the hearing is hosted by the budget committee, the school board will also be joining the committee on stage at the PAC to give a short presentation about the default budget and answer any questions from residents.
