Okie Masterminds

Okie is what I am, born in Pawhuska to two native Okies; my grandmother Watts was also born in Oklahoma before the 1889 land rush.  I’m a K-12 product of the Tulsa Public Schools and learned all the math and English necessary to understand Oklahoma’s state aid formula by the eighth grade.  I’ve lived all but four years of my adult life as a resident and active citizen in this state.

Masterminds is the silly movie Linda and I watched last night—you know, over a 1000 choices and still nothing to watch, but it had its moments.  A few hapless bunglers successfully get off with $17 million cash and then are fairly easily busted, though supposedly over $2 million is still not accounted for in the real life story that inspired this showcase for old and current SNL talent.

The movie could inspire a plot line for a new movie titled Okie Masterminds.  It’s about how over $22 million in public funds intended for 271 school districts, including almost $3.5 million for the Tulsa Public Schools, was instead wrongfully paid to 146 other school districts over the course of 25 months, in plain sight and the gross error later being proved through the Oklahoma legal system.  Yet, apparently because most Oklahoma school finance officials don’t understand how the state aid formula works with the state dedicated revenues that are included, both overpaid and underpaid districts have convinced themselves that no real harm was done after all.  As a result, we have a statewide spectacle of scores of school district and state agency officials who have stood by doing and saying nothing for three years while effectively a heist of over $22 million occurred because they don’t understand math that is required of high school graduates in our state.

Maybe I’m being too harsh; perhaps it’s my background as both a teacher of mathematics and a lawyer that gives me the perspective to see what is readily apparent, but so obscure to so many.  Here’s the math, not stated in the most elegant fashion, but should be sufficient.   As background, in our legal proceedings, we’ve stated, and not been challenged, that current year motor vehicle collections affect school district revenue in only two ways:  first as the amount of revenue from motor vehicle collections in the current year, and second as one determinant of the foundation state aid revenue a district will receive in the following year.  Therefore, in math lingo, motor vehicle collections is an independent variable and foundation state aid and total foundation current income are dependent variables, i.e. they are affected by prior year motor vehicle collections.  All the other variables/elements of the demonstration that follows are independent variables with respect to motor vehicle collections, i.e. it does not affect them and they don’t affect it, so in the demonstration they will be treated as constants to remove the noise.*

The math

T = target foundation program income (each district’s weighted student count, or WADM, times the state foundation program factor, a dollar amount set by the legislature each year)

M = motor vehicle collections or MVC in year 1, or M1 = M

C = other chargeables

Again, to keep out noise, assume that T remains the same each year, that M is the amount in year 1, and that C remains the same each year; T, M and C are independent variables with T and C remaining constant for this example.

K = change in motor vehicle revenue from the year 1 chargeable amount M.  K is also an independent variable.

A1 = state aid in year 1, A2 = state aid in year 2, etc.

R1 = actual revenue in year 1, etc.

Therefore, the series of A’s and R’s are dependent variables.  By holding T and C constant we can isolate the impact when M changes by the amount K from the initial estimate.

Year 1

R1 = A1 + M + C = T

In words the formula worked perfectly in year 1

Year 2

Let’s calculate state aid.

A2 = T – M – C        target revenue less actual MVC from the year before and less other chargeables

Assume again that Year 2, like year 1, is a perfect year and all chargeables are fully collected, then

R2 = A2 + M + C       now substitute our A2 calculation

R2 = (T – M – C) + M + C     simplify and you get

R2 = T        again; just showing that when chargeables M and C current year collections match the prior year amounts then actual revenue will equal the target revenue.

Year 3

Now the OTC does its thing and arbitrarily moves K from one district to another; first the underpaid district.

A3 = T – M – C

R3 = A3 + M – K + C     This is because M3 = M-K due to the OTC’s wrongful apportionment.

R3 = T – M – C + M – K + C

R3 = T – K         the underpaid district loses in year 3 by exactly K, the amount the OTC shorted the underpaid district.  Will the formula make the underpaid district whole in year 4?  Drum roll please…

Year 4

A4 = T – (M-K) – C      this is the calculation of state aid that most think will make underpaid districts whole the following year.   Compare to the calculation of A3 above and you get this, A4 = A3 + K, so A4 is made greater by the amount K of the year 3 loss of MVC; but look what happens.

R4 = A4 + (M-K) + C     we’re assuming that MVC stays down by K (which it did for Tulsa and all the plaintiff districts)

R4 = T – (M- K) – C + (M-K) + C     substituting the calculation above for A4 and simplify

R4 = T     is the underpaid district made whole?   yes, for year 4, but not for the loss of K in year 3; in other words, the formula adjustment to A4 prevents a further loss due to the lower MVC amount now being apportioned to the district.  But paying the district the amount T does not make up for the prior year loss; it just stops further losses.

Year 5

Judge Parrish orders the one-time payment of K to correct for the loss

A5 = T – (M-K) – C

R5 = A5 + (M – K) + K + C     the extra K is due to the court order.

R5 = T – (M – K) – C + (M – K) + K + C

R5 = T + K        the underpaid district is made whole for year 3, translated to common sense which the algebra confirms: “If you underpay me, I am not made whole till you overpay me.”  This overpayment could also happen as a result of the chargeable revenue source, like gross production revenues, fluctuating down and then up.  But the loss remains, whether due to OTC wrongful apportionment or due to price fluctuations of oil and gas, until the revenue increases again by K.  If it doesn’t increase, there is no offset.

What if the Parrish K is included in year 6 MVC chargeable…

Year 6

A6 = T – (M – K + K) – C

R6 = A6 + (M – K) + C     the court ordered payment doesn’t happen again, so back down by K.

R6 = T – (M – K + K) – C + (M – K) + C

R6 = T – K                      underpaid district loses again. 

Had MVC been restored permanently to M then underpaid district is made whole permanently which was our plan A till the legislature made the ADA calculation permanent in 2017,  OR if the Parrish K was not included in the year 6 chargeable for MVC then the underpaid district is also restored permanently, which is what should happen if the SDE and/or the legislature understand how this works and want to do the right thing, i.e. restore the $22 million overpaid to the 146 back to the 271 that lost it due to the OTC’s wrongful apportionments.

*When we used a simplified numerical example that shows the same thing as this demonstration, understanding that briefs filed with the Supreme Court are limited in the number of pages, the ten overpaid districts amusingly said in their reply (to which we could not reply in writing) that our example was wrong and that “real numbers tell the real story” and proceeded to simply show that prior year MVC is used to calculate the next year’s foundation aid, duh, exactly what our example showed.  So in no way as I’ll elaborate upon in a future post did this refute what our math clearly demonstrates, i.e. that until the MVC comes back up, the loss is permanent.  At the March 7 hearing with the Supreme Court referee I was tempted to point out the ten overpaid school districts clearly did not know what “real numbers” are.  Real numbers as I recall from mathematics include rational numbers, which include integers, and irrational numbers, both positive and negative which are assumed to be fully dense along either side of a line beginning with zero.  So our numbers which were integers are every bit as real as their numbers which were rational and both our example and their state aid calculation sheets are subject to the same mathematical relationships and properties illustrated in my example above.  Numbers that are not “real” are “imaginary” and by definition, as I recall, are expressed as a product of the square root of negative one.  Their numbers like mine clearly show that the subsequent year adjustment in state aid resulting from a deviation in motor vehicle collections the year before, does not offset that deviation.  What it does do is to provide the correct amount of foundation program income if the deviation continues.  Only a subsequent year deviation in motor vehicle collections, in the opposite direction, will provide an offset.  Their assertion that it did was not accompanied by any proof or showing of why our example was not a true depiction of the effect.  What they did eventually show was equally ineffective, but I will save that for a later post.

As always, lunch is on me for the first to ID the photo location.

My Obsession

I’ve previously posted about the motor vehicle collections litigation this Thinker has been involved in for over three years now so if you want to share my obsession you can enjoy background information here:  HB 2244, Turkish de Fright, Twas Night Before Sine Die, and Motor Vehicle Litigation Update.   Here are links to the four cases the matter has spun off:

Four underpaid districts seek original jurisdiction with the Oklahoma Supreme Court; they decline but what we predicted comes to pass.  April, 2016.

Eight underpaid districts seek injunctive and declaratory relief in Oklahoma County District Court, June 2016 with decisions in their favor in December, 2016 and November, 2018.

The Tax Commission appeals the December 2016 order, but the Court of Civil Appeals sides with the underpaid districts and expands the order, February, 2018.

Ten overpaid districts ask the Oklahoma Supreme Court to stop the November, 2018 order of the district court; they decline and order that the correcting payments continue.

The eight hundred pound gorilla throughout this litigation has been the belief by most of the school finance community, meaning many finance professionals with school districts, and possibly with the State Department of Education and the school boards and administrators associations, that the state aid formula has already made the underpaid school districts whole.  This demonstrably silly belief surfaced in the unsuccessful effort by the ten overpaid districts and fortunately failed with the Supreme Court. 

There is still work to be done to restore the more than $22 million wrongfully overpaid to 146 districts at the expense of 271 that were underpaid.  For that to happen the silly belief that the formula corrects all harm done has to be replaced with a correct understanding of what the formula does and does not accomplish.  In preparation for a public education effort by this Thinker I am posting a series of alternative demonstrations showing how the formula works.  First is a reprise of the parable included with my last Motor Vehicle Litigation Update:

Somewhere East of Tulsa

First Year

Adam’s two sons, Cal and Aron, are about to enter university in faraway towns, Norman and Tulsa, respectively.  Adam has carefully calculated their yearly expenses, tuition, books, room and board, to be $1000 each.  His brother Ishmael, a very successful goatherd without children of his own, has offered to provide the income from selling the milk of twelve goats, six to winter in Norman and six in Tulsa, estimated at $100 per goat, toward the expenses of Cal and Aron.  He also provides servant goatherds, Jolley and Tony, in each town to feed and milk the goats.  Adam does the math and sends his sons off to university with $400 each.

After their first year they return home to work in their father’s fields and each reports good grades and that, in fact, the goats produced the $600 income each expected so they met their expenses without any debt.  The goats were taken by Jolley and Tony to spend the summer with Ishmael’s larger herd before returning to Norman and Tulsa for Cal and Aron’s second year of university.

Second Year

At the end of the summer Adam again gives each of his sons $400 expecting each will receive $600 this second year from the sale of milk from Ishmael’s goats, to meet their $1000 yearly expenses.  When Cal arrives in Norman he finds Ishmael’s servant Jolley with seven, instead of six, goats.  Aron arrives at Tulsa to find Tony with only five, instead of six, goats.  They learn that Jolley and Tony began their return together with all twelve goats, but separated at the confluence of the Arkansas and Canadian Rivers in a late summer thunderstorm mistakenly dividing the herd into seven and five, instead of six and six.  As a result, Cal enjoys an unexpected income of $700 from the goat milk giving him more than needed for his expenses.  Aron, on the other hand, receives only $500 from the sale of goat milk leaving him $100 short which he covers with a loan from the university. 

After this second year they again return home to work in their father’s fields and each reports good grades and that their income from the goat milk had been $700 and $500, instead of $600 each.  During the summer Adam receives a letter from Ishmael stating that due to the poor condition of the grazing fields in his area he has instructed Jolley and Tony to remain with the goats they have in Norman and Tulsa for the summer and the following years. 

Third Year

Adam calls his two sons from the fields to share this news and that, since he expects Cal will receive again $700 in milk income and Aron again only $500, he plans to give Cal $300 and Aron $500 so each will have $1000 for expenses their third year.  Cal understands, though is still miffed that his father is giving Aron more than he will receive.  Aron respectfully thanks his father for making the adjustment to assure he has the $1000 he needs for the third year, but also asks how he is to pay the $100 back to the university for his unexpected deficiency the second year.  He goes on to suggest that perhaps Cal could make do with only $200 from their father since he must have saved his unexpected $100 gain.  Cal, upset with this suggestion, especially since he spent his windfall already, pushes back telling his father that his generosity to Aron, by increasing his income $100, fully makes him whole for his loss, and that to reduce his (Cal’s) income any more is just not right.

Adam, now somewhat confused by his sons’ arguments, advises that he will consult Ishmael and rely on his sage advice, but they are to return to university with the $300 and $500 as he told them.

Aron and Cal return to university and during the first semester Jolley receives a letter from Ishmael’s wife Parrish instructing him to send the next $100 from the goat milk sales in Norman on to Aron in Tulsa before the end of the second semester.  Knowing Parrish’s influence with Ishmael he does as instructed, of course over Cal’s objection.  Aron is able to repay his loan from the university; Cal has to tighten his belt the second semester regretting his excess spending the year before.  Cal and Aron return home for the third summer to work in Adam’s fields. 

Fourth Year

Toward the end of the summer Adam again calls them together to receive their expense money from him for the next year.  Since Ishmael’s goats are still grazing seven in Norman and five in Tulsa he announces that he again plans to give Cal $300 and Aron $500 for the next year at university.  Cal objects and reminds his father that since $100 of his goat milk income the previous year had been diverted to Aron, he (Cal) had received only $600 in milk income and therefore should receive $400 in aid from his father, as should Aron also since he had actually collected $600 in milk sales the year before.  Aron objects to his father saying that the extra $100 only made up for his loss their second year at university and should not be charged against his income for the coming year.  He further points out that there still are only five of Ishmael’s goats in Samaria so his expected milk income remains $500, making his additional need still $500.

Confused again by their arguments, Adam asks his sons to return to the fields while he decides what to do.

To be continued.    

As always lunch is on me for the first to ID the location of the photo above.