Special Millage for Police and Fire in Detroit

On May 10, both Detroitnewspapers reported that members of the Detroit Board of Police Commissioners announced support for a proposed special millage that would be used to retain police and fire personnel threatened with layoff due to budget cuts.  The proposed  five-year, seven-mill authorization would raise about $56 million annually, according to the reports.

The Home Rule City Act sets a maximum of 20 mills for operations of a city.  (A mill is equal to $1 of tax for every $1,000 of taxable value of property.  The Home Rule City Act provides for a maximum of a 2 percent property tax.)  Detroit’s basic General City property tax rate for operations has been 19.9520 mills since FY 2008, when three mills levied for refuse collection and disposal was replaced by a fee per household (now $240 for single family homes).  The Headlee Amendment to the Michigan Constitution requires a property tax rate rollback when the existing tax base grows faster than inflation; the current rate reflects the Headlee rollbacks from the original 20 mill levy.  The city also levies 9.5558 mills for debt service for unlimited tax bonds and 4.6307 mills for the Detroit Public Library.  Other overlapping taxing jurisdictions that levy taxes on property in Detroit include the state, Wayne County, Detroit Public Schools, Huron Clinton Metropolitan Authority, the intermediate school district (Wayne RESA), Wayne County Community College, and the Detroit Zoo.  The total rate of tax on non-homestead property in Detroit exceeds 85 mills. 

There is currently no authority in state law that would allow the City of Detroit to impose a special public safety millage in addition to the 20 mills allowed by the Home Rule City Act.  Reports on the proposed public safety millage did not reference any plan to obtain state legislative authority to allow the proposal to move to the voters. 

 

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Special Millage for Police and Fire in Detroit

On May 10, both Detroit newspapers reported that members of the Detroit Board of Police Commissioners announced support for a proposed special millage that would be used to retain police and fire personnel threatened with layoff due to budget cuts.  The proposed a five-year, seven-mill authorization would raise about $56 million annually, according to the reports.

The Home Rule City Act sets a maximum of 20 mills for operations of a city.  (A mill is equal to $1 of tax for every $1,000 of taxable value of property.  The Home Rule City Act provides for a maximum of a 2 percent property tax.)  Detroit’s basic General City property tax rate for operations has been 19.9520 mills since FY 2008, when three mills levied for refuse collection and disposal was replaced by a fee per household (now $240 for single family homes).  The Headlee Amendment to the Michigan Constitution requires a property tax rate rollback when the existing tax base grows faster than inflation; the current rate reflects the Headlee rollbacks from the original 20 mill levy.  The city also levies 9.5558 mills for debt service for unlimited tax bonds and 4.6307 mills for the Detroit Public Library.  Other overlapping taxing jurisdictions that levy taxes on property in Detroit include the state, Wayne County, Detroit Public Schools, Huron Clinton Metropolitan Authority, the intermediate school district (Wayne RESA), Wayne County Community College, and the Detroit Zoo.  The total rate of tax on property in Detroit exceeds 85 mills.

There is currently no authority in state law that would allow the City of Detroit to impose a special public safety millage in addition to the 20 mills allowed by the Home Rule City Act.  Reports on the proposed public safety millage did not reference any plan to obtain state legislative authority to allow the proposal to move to the voters.

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Michigan Economy Recovering Faster Than the U.S.

Today’s release of regional and state unemployment figures reinforces what is becoming increasing clear.  Michigan’s economy is recovering, and it has been recovering at a faster rate than the nation as a whole.

Michigan’s recovery has been a long time in coming.  Michigan lost jobs every year between 2000 and 2010.  Included in this period was an astounding 47 month streak from April 2006 until February 2010 where Michigan had the highest unemployment rate in the country.  Michigan’s relative ranking has since been improving, and Michigan now has the 15th highest unemployment rate in the U.S.  The difference between Michigan’s current unemployment rate of 8.5 percent and the national rate of 8.2 percent is no longer considered statistically significant by the U.S. Bureau of Labor Statistics. 

 

Michigan’s unemployment rate peaked in August of 2009 at 14.2 percent.  Since that time, Michigan’s rate has fallen by 5.7 percentage points.  The U.S. rate peaked at 10.0 percent in October of 2009.  Since that time, the U.S. rate has fallen by just 1.8 percentage points to 8.2 percent.  Michigan’s year-over-year unemployment rate drop of 2.0 percentage points is tied with Alabama for the largest drop in the country.

 

While Michigan’s economy would certainly benefit from a more robust national economic recovery, it is nice to experience economic growth that is strong compared to the rest of the nation after so many years of trailing behind.

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CRC Report Subject of Detroit News Editorial

A recent report by CRC analyzing special education finances is the subject of a Detroit News editorial.   

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Special Education Enrollment: Traditional Public Schools vs. Charter Schools

Some people believe, mistakenly, that charter schools can be selective with regards to the students they enroll and that this selectivity accounts for the difference in student composition when compared to traditional public schools in Michigan.  One example people point to is the concentration of special education students in charters vis-à-vis traditional public schools.  CRC’s recent report on special education finances sheds light on the common misperception surrounding special education enrollment in charter schools.

Under federal law, public schools throughout the United States have a responsibility to provide a free and appropriate public education (FAPE) to children with disabilities in the least restrictive environment.  Charter schools in Michigan (known as public school academies or PSAs) are considered public schools under provisions of the 1963 Michigan Constitution and state law and must adhere to federal and state special education laws, including the FAPE mandate.  Therefore, the same special education laws, rules, and regulations that apply to traditional public schools also apply to charter schools.  Although many charter schools require students to apply for admission, schools may not categorically deny admission to students on the basis of disability.  Furthermore, once enrolled, a special education student is entitled to all the services required by his/her Individualized Education Plan (IEP). 

Just as general education students are enrolled in both traditional public and charter schools, students with IEPs also attend both types of public schools. However, proportionately more students with disabilities are found in traditional public schools compared to charter schools.  In 2010, 12.8 percent of the total K- 12 students in traditional public schools had IEPs (see table below).  This compares to 9.7 percent of the total K-12 students in the charter school setting.

 

Student Head Count by Type of Public School:  2000 and 2010

 

2000

2010

School Type

Special Education Students

As % of Total K-12 Enrollment

Special Education Students

As % of Total K-12 Enrollment

Traditional Public Schools

209,581

13.0%

184,869

12.8%

Charter Schools

2,961

5.4%

10,297

9.7%

Source:  Center for Educational Performance and Information

Compared to 2000, the statewide concentration of disabled students in the traditional public school environment in 2010 was relatively unchanged at 13 percent.  (Between 2000 and 2010 the concentration peaked at 14.2 percent in 2006).  Compared to 2000, the number of students with IEPs in traditional schools in 2010 was down nearly 25,000; however, the total K-12 enrollment in traditional districts also was down proportionately. Therefore, as a percentage of the total, the number of students with IEPs in traditional schools in 2010 was the same as it was in 2000.

In contrast to the decline in the traditional public school setting, the number of students with IEPs in charter schools more than tripled between 2000 and 2010.  Much of this change was attributable to the growth in the number of charter schools and charter enrollment.  Although charter schools were authorized in the mid-1990s, growth in the number of charters and student enrollments did not occur until the early 2000s. Steady growth continued throughout the 2000s until today.

Recent state law changes allowing for a greater number of charter schools will likely accelerate charter enrollment growth in the coming years.  Between 2000 and 2010, the number of charter schools increased substantially, as did the total enrollment in these schools (slightly more than double).  Over the same period, the percentage of students with IEPs enrolled in charters increased from 5.4 percent to 9.7 percent – a greater proportion of students with IEPs chose this educational alternative.  Changing demographics, along with greater school choice options, are likely to further change the composition of student enrollment in both traditional public and charter schools going forward.

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Special Education Spending Growth Since 2000

One area where school budgets have felt growing pressure over the last decade, during years of constrained revenue growth, is spending on special education.  CRC recently examined special education finances to provide policymakers with a comprehensive review of the issues surrounding this very important topic.

For a ten-year period ending in Fiscal Year 2010 (FY2010), Michigan total special education spending increased at an average annual rate of 4.8 percent per year, double the average annual increase in inflation over the period.  In FY2010 (most recent data), school districts reported $3.4 billion in combined special education expenditures, up 60 percent from the amount in FY2000.  Significant annual spending increases from 2000 to 2006 (between 6 and 8 percent annually) accompanied the growing special education population. As special education annual enrollment growth tapered off and began to decline in 2006, spending growth moderated (around 3 percent per year).  Over the last decade, total spending increased at a 4.8 percent annualized rate or twice as fast as the change in inflation (2.4 percent per year).

Adjusted for inflation, per-pupil special education spending increased from $12,327 in FY2000 to $14,397 in FY2010, or 17 percent. In comparison, total K-12 per-pupil spending, adjusted for inflation, increased 1.4 percent over the same period (from $9,503 per pupil in FY2000 to $9,633 per pupil in FY2010).  Over the last ten years, special education spending grew faster than overall K-12 spending, both in the aggregate and on a per-pupil basis.  Further, this spending exceeded changes in inflation.  A key factor in this growth was the steady increase in enrollment.  Another likely factor that contributed to this growth was the higher costs associated with delivering special education services and running related programs.  These costs are driven by smaller class sizes, the need for special education aides in the classroom, the rising number of specialists, and the costs of diagnostic and professional support services (nursing and various therapies).

Annual spending levels and growth rates result from the state and federal mandates that districts must adhere to.  These mandates require specific services, some costly, and leave little wiggle room for districts to control costs.  Also, the state aid system does not provide any incentive to control costs, which contributes to the moderate growth rates.  The state aid system, a result of the 1997 Michigan Supreme Court’s Durant decision, is a fixed percentage reimbursement model.  Districts are guaranteed the same level of reimbursement (roughly 30 percent) for special education services regardless of the cost.

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Michigan’s Per Capita Personal Income Rank Improves

The Bureau of Economic Analysis released state personal income for 2011 today.  The rankings show an improvement in Michigan’s economic performance.  In 2011, Michigan personal income grew 5.2 percent, the 16th fastest rate of growth among states and Washington D.C.  This growth rate was slightly ahead of the U.S. average growth of 5.1 percent.

 Michigan continues to lag in population growth.  Michigan’s population was essentially unchanged in 2011, while U.S. population grew 0.7 percent.  Michigan ranked 50th in population growth in 2011, beating only Rhode Island, which saw a 0.1 percent decline.

Michigan’s solid income growth coupled with poor population growth, led to Michigan’s per capita income growth ranking 5th among the states in 2011.  Per capita income grew 5.2 percent in 2011, while the U.S. average was 4.3 percent.

 

In 2001, Michigan had the 21st highest per capita income among the 50 states and Washington D.C.  By 2009, Michigan’s per capita income had fallen to 41st highest, putting Michigan in the bottom 10 states.  Since then Michigan’s ranking has been improving.  In 2010, Michigan moved to 40th highest, and with Michigan’s strong per capita growth in 2011, Michigan now ranks 37th highest. 

Michigan clearly has a long way to go to recover from its long downturn.  However, the recent strength in personal income growth is certainly good news.

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CRC Recommendations Reflected in Proposed School Retirement System Reforms

In 2004, CRC warned of the increasing challenges facing K-12 school funding arising from required annual increases in school retirement contribution rates.  Annual employer (school district) contributions pay for future pension benefits for current school employees, health benefits for current retirees, and a portion of the unfunded liability associated with pension benefits.  The required employer contribution rate of the Michigan Public Schools Employee Retirement System (MPSERS) was 14.87 percent of payroll in Fiscal Year 2005 (FY2005).  Today, in FY2012, the contribution rate has increased to 24.46 percent of payroll and is projected to rise to 27.37 percent of payroll in FY2013, unless changes are made.  CRC’s 2004 report, Financing Michigan Retired Teacher Pension and Health Care Benefits, included a menu of policy options to address the growing costs of MPSERS.  Recently introduced legislation in the Michigan Senate incorporates a number of the options previously indentified by CRC.

In the current era of restrained public resources, school districts and other entities (community colleges, libraries, and universities) are finding it more difficult to meet the ever-increasing annual MPSERS contributions.  This is a cost that that these organizations have no control over because the system is administered by the State of Michigan and only state policymakers can make changes to it.  Schools and others have no recourse but to pay the retirement bill each year.

Schools districts finance the MPSERS cost each year from their per-pupil foundation grant.  In recent years, there have been few increases in the grant, while the MPSERS contribution rate has increased each year.  In fact, the minimum foundation grant was reduced by $470 over the last two fiscal years, from $7,316 per pupil in FY2010 to $6,846 per pupil in FY2012.  As a result, greater shares of a district’s foundation grant each year must go towards satisfying the MPSERS obligation, effectively eroding the purchasing power of the grant.

The Michigan Senate recently introduced legislation (Senate Bill 1040) that takes aim at the escalating costs of MPSERS for schools.  This legislation incorporates a number of the policy options proffered by the CRC almost eight years ago to help control the spiraling costs, including:

  • Lowering the multiplier from 1.5 percent of final average compensation times the number of years of service to 1.25 percent for future years of service, unless the employee agrees to an increased employee contribution (5 percent or 8 percent depending on date of hire);
  • Shifting more of the responsibility for financing retiree health insurance premiums from the employer to the employee;
  • Shifting to a graded retiree health care premium for all employees (this was done previously for school employees hired since July 1, 2008), similar to what had been done with state employees in the late 1990s;
  • Eliminating the retiree health benefit for new employees and replacing the benefit with an employer-matching 401k account.

A number of the provisions contained in Senate Bill 1040, if enacted, represent real compensation reductions for school employees and additional out-of-pocket expenses for former school employees.  Teachers are the most important ingredient in the education equation.  In addition to affecting the financial situation of current teachers, the contemplated legislation could certainly influence the type and quality of teachers that schools are able to recruit in the future.

Michigan state government is not unique in the challenges it faces with funding employee legacy costs (pension and other post-employment benefits).  Many states and local governments are grappling with the same problem of escalating costs while facing stagnant or declining resources.  Michigan policymakers took significant steps to deal with the costs of the other major state retirement system (State Employees Retirement System) in 2011 under Public Act 264 and Public Act 265.  Policymakers are focusing on the challenges associated with financing benefits under MPSERS, something CRC alerted them to nearly a decade ago, except the scale of the problem is relatively larger today.

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Michigan’s Medicaid Enrollment Has Grown More Rapidly Over the Last Decade Than the National Average

Enrollment is one driving factor in Medicaid cost growth.  During the period from June 2001 to June 2010, Medicaid enrollment grew 47 percent nationally, 69 percent in Michigan, and an average of 66 percent in the Great Lake states (excluding Michigan; includes Illinois, Indiana, Minnesota, Ohio, Pennsylvania, and Wisconsin).  Most of this growth can be explained by two nationwide recessions (one long recession in Michigan), and the recessions’ impact on income levels and access to other forms of health care.  During this time, national year-over-year enrollment grew with the exception of 2007 where enrollment fell by 0.6 percent compared to 2006.  Not surprisingly, enrollments also increased rapidly during the 2001 recession and the Great Recession ending in 2009.  Total Medicaid enrollment reached a record high in June 2010 of 50.3 million.

Chart 1.  Total Medicaid Enrollment, Percent Growth from June 2001 through June 2010
Michigan compared to US Average and Great Lake States Average

Source: The Kaiser Commission on Medicaid and the Uninsured.  Medicaid Enrollment: June 2010 Data Snapshot. The Kaiser Family Foundation: Publication #8050-03. January 2011. 

In January 2012, there were 1.92 million Medicaid recipients in Michigan, which translates to 19.4 percent of the population, up from 18 percent in fiscal year 2007.  Forty percent of the Medicaid recipients were enrolled in family Medicaid, 35 percent were pregnant women and children under age 19 and the remaining 25 percent were aged, blind or disabled.  Between June 2001 and June 2010, Medicaid enrollment grew faster in Michigan and the Great Lake states compared to the nationwide average.  Medicaid enrollment growth in Michigan peaked between June 2009 and June 2010 at 11 percent, compared with a nationwide average growth of 7.2 percent.

Table 1 shows Michigan Medicaid recipients by county as of January 2012.  The five counties with the highest and those with the lowest Medicaid enrollment are included.   Enrollment was highest in Oceana County with 28.1 percent of its population enrolled, whereas Livingston County had the lowest rate of enrollment at 8.8 percent of population.  The state’s largest county, Wayne, was ranked third with 27.6 percent of the population enrolled in Medicaid, and had the largest number of recipients at 502,270.  The median Michigan county enrollment was 19.8 percent.

Table 1.  Total Medicaid Recipients in Michigan by County, June 2011
Sources: Green Book Report of Key Program Statistics, January 2012. Michigan Department of Human Services
Population Data from the Michigan Department of Treasury
Note: Population data is from 2009, the most recent available.

 

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Should the State Be Concerned About Costs Associated With Federal Health Care Reform?

In March 2010, President Obama signed the Patient Protection and Affordable Care Act (ACA) that will require health insurance for all individuals when it takes effect on January 1, 2014.  States will be responsible for implementing some major changes outlined in the ACA which include establishing and operating state health insurance exchanges and expanding Medicaid coverage to an estimated 16 million Americans who will be eligible under the new guidelines.  The new Medicaid eligibility guidelines have expanded to include those under age 65 with incomes up to and including 133 percent of the federal poverty level, with no consideration for assets.

The federal government is providing extra funding for states to administer this expansion of health care.  Between 2014 and 2016, the federal government will be paying 100 percent of the cost of all newly eligible Medicaid recipients.  Between 2017 and 2020 federal funding for health care reform will gradually step down to 90 percent.  After 2020 the states are required to provide the additional 10 percent funding for mandated health services to the newly expanded population.

Should the state be concerned about rising costs associated with the expansion of Medicaid?  According to a Senate Fiscal Agency report, through 2020, the Medicaid expansion may actually save the state money; many of the individuals that are currently treated in the state’s Community Mental Health non-Medicaid budget will be covered by Medicaid beginning in 2014.  Medicaid will be heavily subsidized by the federal government through 2020, freeing up general fund dollars.  This, combined with an increased match rate for the state MI-Child program, is estimated to save the state over $160 million of general-fund/general-purpose (GF/GP) annually.  After 2020, when the state is responsible for 10 percent of the cost of the expanded Medicaid population, the Senate Fiscal Agency estimates that the state will spend approximately $200 million annually in GF/GP dollars.[i]

Though it does not require dollar outlay, the maintenance of effort requirement is a major obstacle that has and will continue to hinder Michigan’s ability to reduce Medicaid spending or growth in spending.  The requirement was first instituted with the American Recovery and Reinvestment Act (ARRA) in 2008 and was extended with the ACA.  The maintenance of effort requirements in the ARRA stipulated that states must not further restrict eligibility standards, methodologies, or procedures under their Medicaid program beyond what was in place on July 1, 2008.  The ACA extended the ARRA maintenance of effort requirement to those standards, methodologies, and procedures in effect on March 23, 2010 through the time when states’ health insurance exchanges are operational (the deadline is January 2014).  Eligibility levels for all children must be maintained through 2019.  Should states violate the maintenance of effort requirements they would lose all federal Medicaid funding.  One exception to the maintenance of effort is that benefits to non-disabled, non-pregnant childless adults with incomes greater than 133 percent of the FPL may be eliminated or reduced if the state shows proof of a certified budget deficit.   Because the income cutoff for this population is less than 133 percent in Michigan, the state cannot qualify for these eligibility changes.

The maintenance of effort requirements do not, however, apply to optional benefits.  States also have some flexibility in adopting premiums for new coverage and for executing or including inflation-based adjustments to existing premiums.  Additionally, if a state makes available a higher cost health plan it can charge a higher premium for those that elect that coverage but not to those to whom the higher cost plan is required.  Increases in copayments are not considered a violation of the maintenance of effort.  States can also restrict services in benefit areas such as long-term care as long as they do not impact eligibility.  As with all actions that impact beneficiaries and services, policymakers need to consider more than just the short-term cost savings, but also the livelihoods of those that rely on Medicaid.  More information about cost containment measures and the ACA can be found in CRC Report 376.


[i] Steve Angelotti and David Fosdick. “Fiscal Analysis of the Federal Health Reform Legislation.” Issue Paper: Senate Fiscal Agency. April 2010.

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