Testimony Before the Oregon State Land Board on the Sale of State Trust Lands

Cascade Policy Institute President and CEO John A. Charles, Jr. presented a version of this testimony before the Oregon State Land Board on December 13, 2016.


Re: December 13 SLB hearing on the possible sale of the Elliott State Forest

Dear Land Board members:

I am writing in advance of the December 13 Land Board hearing to summarize my testimony.

First, you were correct in deciding last year that a sale of the trust lands was necessary to fulfill your fiduciary responsibilities to the Common School Fund (CSF) beneficiaries. The continued requests from public land advocates to retain ownership should be ignored.

Unfortunately, your sale protocol is fatally flawed, for two reasons: (1) the four unnecessary “public benefits” requirements inherently devalue the asset; and (2) you are prohibiting competitive bids. Both of these elements ensure that you will not be able to get the best possible offer for the transfer, which you are required to do as fiduciaries.

Any sale should be made through a straight up, no-string-attached auction of the property. That is the only way you can determine fair market value.

To illustrate how much money you are leaving on the table, we’ve done two sets of calculations. In one scenario, we took the difference between the “official” price tag of $220.8 million and the high appraisal of $262 million ($41.2 million), and calculated the value of that over 50 and 100 year periods.

In another scenario, we assumed that the Land Board took the “maximum revenue” approach by dispensing with appraisals and simply selling the Elliott via competitive bid with no public benefit requirements. For this scenario we picked $350 million as a conservative value for what the winning bid might be, then subtracted the official price of $220.8 and used the difference ($129.2 million) as the starting point.

We used two different assumptions about future return rates – the first being the 7.5% used by Oregon PERS, and the second a more conservative rate of 6.0%. The projections are below.

Elliott State Forest sale

Investment projections of net proceeds under various assumptions

Difference between high appraisal and sale price: $41.2 M
Interest rate 7.5% 7.5% 6.0% 6.0%
Time period 100 years 50 years 100 years 50 years
Present value $41,200,000 $41,200,000 $41,200,000 $41,200,000
Future value $56,982,781,049 $1,532,217,537 $13,979,245,841 $758,910,356
Difference between market price and sale price: $129.2M 7.5% 7.5% 6.0% 6.0%
Time period 100 years 50 years 100 years 50 years
Present value $129,200,000 $129,200,000 $129,200,000 $129,200,000
Future value $178,693,575,522 $4,804,915,187 $43,837,829,190 $2,379,883,932

Notice the stunning difference in earnings between the first 50 years and the second 50 years. This is, of course, the miracle of compounding. The refusal of the Land Board to sell off this land in a traditional auction will likely cost public school students somewhere between $44 billion and $179 billion in lost earnings by 2117, and much more in the centuries beyond that. 

You have a fiduciary responsibility to the CSF beneficiaries to get the best possible price for the timberland. That can only come through a traditional auction. I urge you to set aside the one offer in front of you and direct the DSL staff to design a new, competitive bid sale protocol to be implemented during 2017.

Sincerely,

John A. Charles, Jr.

President & CEO

Cascade Policy Institute

Measure 97 and the Mirage of School Funding

— Voters are destined for disappointment

 

By John A. Charles, Jr.

Proponents of Measure 97 have consistently claimed that if the measure passes, it will generate an additional $3 billion annually for public education and other social services. Judging from the comments I’ve read in various Oregon newspapers, many people are falling for this argument.

Apparently none of the letter writers have ever watched a legislative appropriations hearing. These are the meetings where a tiny group of senior politicians sit in a back room and decide how to spend billions of dollars. I’ve watched hundreds of such hearings, and the most predictable outcome is that politicians will spend money in front of them on whatever they want.

Let’s just take a simple example. Oregon was one of 44 states that sued the tobacco industry in the mid-1990s to recover the health care costs associated with smoking. Plaintiffs claimed that the tobacco industry had long been imposing uncompensated costs on states in the form of health care for smokers who became sick from use of the product.

The suit was settled through adoption of a Master Settlement Agreement (MSA) with the four largest tobacco manufacturers. As part of the agreement, each state was to receive payments every year from 1998 through 2025.

According to the plaintiffs, the estimated $25 billion of MSA money was supposed to be used for tobacco prevention activities and health care subsidies necessary to treat smoking illnesses. But that was not a formal part of the agreement. Each state was free to use the funds in whatever way its state legislature approved.

In Oregon, total MSA funds received since 1998 have exceeded $1.26 billion. Almost all of it was spent on programs that had nothing to do with tobacco cessation or public health. Only 0.8 percent was appropriated for tobacco prevention programs.

How could this be? They promised!

Yes, Virginia, they promised. But every two years, 90 legislators show up in Salem, and they each have their own priorities. Once you put a pot of money on the table for them to spend, it’s game over.

Almost no one in the Capitol remembers what the MSA was, and, furthermore, they don’t care. They only care about spending money for the stuff they want right now.

Measure 97 is a horrible tax proposal, for many reasons. It unfairly targets a small subset of all businesses directly, but hits all businesses and all of us indirectly. It taxes sales but not profits. It would be the largest tax increase in Oregon history.

But if voters ignore these concerns and approve it anyway because they think it will increase funding for schools, they are destined for bitter disappointment.


John A. Charles, Jr. is President and CEO of Cascade Policy Institute, Oregon’s free market public policy research organization. This article originally appeared in the September 2016 edition of the newsletter, “Oregon Transformation: Ideas for Growth and Change.”

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Freedom in Film: Won’t Back Down (2012)

With students everywhere heading to class, we hope you enjoy Part 3 of Cascade’s “virtual” back-to-school School Choice Film Fest.

Social problem films are not generally “feel-good” movies, in the sense that viewers feel comfortable with their feet up, eating popcorn, laughing with the heroes, and hoping for happily ever after. Won’t Back Down (2012) is a bit different. The film makes clear the near-impossibility of a desperate single mother getting her small daughter out of the worst public school in town; but it maintains a buoyant, upbeat vibe.

Here is what Cascade’s Steve Buckstein said about Won’t Back Down when it opened in theaters:

It’s not often that a Hollywood movie both entertains and helps parents learn about another option to improve their children’s education. The film Won’t Back Down…does both.

Inspired by actual events, it’s the story of a third-grade student trapped in a failing public school. Unable to afford a private education, her mother, played by actress Maggie Gyllenhaal, learns about parent trigger laws, now the reality in seven states, which allow parents to take control of such schools and institute improvements.

Gyllenhaal enlists the help of a dedicated teacher in her daughter’s school, played by actress Viola Davis, to jump through the myriad of hoops put in their way. Together, they learn how to fight not only the bureaucracy, but the powerful teachers union, personified by actress Holly Hunter.

The film explores the complex relationships among good teachers, bad teachers, and a union whose leader once famously said he’d represent the interests of schoolchildren when they started paying union dues. Poor parents who want the best for their children are given a glimpse of the educational choices that those with political power are able to make.

Surprisingly, the good guys aren’t all good, and the bad guys aren’t all bad, in this multi-layered drama….

Won’t Back Down was criticized by some as “anti-union” or even “anti-teacher.” But it is actually a relatively gentle take on union/parent/teacher conflicts. The film takes extra care to present the concerns and fears of lifelong public school teachers and union members with sympathy and understanding. The characters are lovable, and the drama is human.

The takeaway can be summed up by the school board member who, casting the decisive vote, says….Well, you’ll have to see the movie to find out.

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Freedom in Film: Waiting for “Superman” (2010)

With students everywhere heading to class, we hope you enjoy Part 2 of Cascade’s “virtual” back-to-school School Choice Film Fest.

The 2010 documentary film Waiting for “Superman” ignited new interest in the desperate desire of low-income parents to get their kids out of failing, one-size-fits-all public schools into better-performing charter schools. The five children poignantly profiled in the film faced barriers to their dreams in the form of too few charter school seats and a lottery acceptance process that made their futures dependent on a roll of the dice.

Charter schools have become a vital education option for thousands of students throughout the U.S. Moviegoers previously unfamiliar with charter schools (public schools with more freedom to be innovative than traditional district public schools) began to understand why parents―especially lower-income parents―want their kids so much to have a chance to attend charters.

Demand for charter schools far outstrips available seats, as Cascade’s 2011 study of Oregon charter school waiting lists found. Opening more charter schools is an important piece of the education reform puzzle. However, immediate, viable, successful alternatives to failing public schools have existed, often right in parents’ own neighborhoods, for decades. In much of the U.S., those options pre-date the American public school system itself.

Private and parochial schools have been a lifeline for low-income kids for generations, and today’s school choice movement seeks to maximize parents’ options for choosing the public, private, online, public charter, or home school that is the best fit for their children. Dozens of states and the District of Columbia have pioneered voucher programs, education tax credit laws, and Education Savings Accounts for parents. Private charity also plays a major role in helping children in need get a hand up early in life.

Education Savings Accounts, or ESAs, may be the most flexible way for states to help children learn in the ways that are best for them. ESAs are not a college savings plan. Rather, if families decide the public schools to which their children are assigned are not meeting their needs, they can leave those schools and instead receive money from the state to pay for approved alternative education options and expenses. Parents can spend the funds on private school tuition, individual courses at public schools, tutoring, online learning, textbooks, educational therapies, and other education-related services and products. They can use a combination of these services based on what they think would best meet their child’s learning needs.

Reforming our public education system is necessary, but low-income kids can’t wait for Superman. When the 2017 Oregon legislative session begins in January, ask your state legislators to empower Oregon children to succeed in whatever education setting works for them by supporting an Education Savings Account law.

And if you haven’t seen it yet, this is a great week to watch Waiting for “Superman.”

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Freedom in Film: To Sir, with Love (1967)

With students everywhere heading to class, we hope you enjoy Part 1 of Cascade’s “virtual” back-to-school School Choice Film Fest.

Nearing the end of his patience, a first-year teacher challenges his scarcely literate students to think seriously about the lives ahead of them. What will happen after high school graduation? One academically indifferent girl supposes she’ll get married, giggling that “everybody gets married.”

Such comfortable assumptions have disappeared since 1967; much else about the lives and troubles of at-risk teenagers hasn’t.

To Sir, with Love stars Sidney Poitier as Mark Thackeray, an engineer who takes a temporary teaching job. The kids are rough, uninterested in school, and oblivious to the possibility that they could become more than they are. The gentlemanly Mr. Thackeray, called “Sir” by his students, is as much a culture shock to them as they are to him.

To Sir, with Love is like a time capsule of the late 1960s: Sentimental optimism contrasts with the grittiness of poverty, illiteracy, teenage rebellion, and rapid social change. There is a sense that Mr. Thackeray’s class is careening wildly toward dead-end or delinquent adulthoods, and he has a few short weeks to reach at least some of his students before they are lost. His greatest asset as a teacher, though, has nothing to do with cutting-edge curriculum or teaching “best practices.”

It is culture. “Sir” is a living example of another world which his students could choose to enter, if only they could see themselves in it. Through him they experience, for the first time, what it is to have dignity. As the teenagers begin to awaken to their own self-worth, they start to grasp why people have manners, respect others, and behave in ways that draw respect in turn. They take interest in the written word and the process of intellectual inquiry.

Education is more than transmission of facts; it’s an invitation to explore the world of the soul, of human creative capacity, and of the physical universe. When students get in touch with their own dignity as human beings, they grasp the meaning of learning. They no longer mark time until school is out; they transform as students and as people.

Great teachers help students discover the grandeur of human existence, potential, and achievement and that they are made for more than superficial pleasures and “easy outs.” To Sir, with Love shows what can happen when the right adult comes into a teenager’s life at the right time―and why that’s so important.

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Improve Education Outcomes Through Education Savings Accounts, Not Measure 97’s Hidden Sales Tax

On the third day of the new school year at Portland’s Madison High School, Governor Kate Brown spoke about her goal to improve educational outcomes for all students. She bemoaned the fact that at 74%, Oregon has one of the lowest high school graduation rates in the country, and then she noted that “For me this is a very personal issue”:

“My stepson blew out of one of the local area high schools a few years ago. We were very fortunate. We had the resources to provide him with another educational opportunity, but not all families do. That’s why it’s absolutely imperative that we work together to improve Oregon’s high school graduation rates.”*

So how does Governor Brown propose to assist families that don’t have the resources hers had to help their children achieve educational success? Apparently, by supporting Measure 97 on the November ballot, which would be the biggest tax increase in Oregon’s history.

In reality, Measure 97 is a sales tax hidden behind the façade of being a tax on big business. Its passage will actually make it harder for many of the families the Governor wants to help, in the questionable hope that the revenue it generates would be spent properly to give their kids a better chance at graduation from the same schools that have failed so many in the past.

Measure 97 will not only act as a consumption tax on many of the goods and services Oregon families buy every day, but it also will reduce private sector employment opportunities as more than $3 billion are siphoned out of the private sector into the state general fund each year. From there, all this money—which is about what a six-percent retail sales tax would produce—may or may not be spent in ways that would give struggling families the same opportunities that the Governor’s family had when her stepson needed help.

Rather than ask voters to take a $30 billion gamble over the next ten years on a tax measure that may not show any positive economic or educational results for Oregon families, the Governor and voters should consider another way to provide all families with the resources they need to give their children the educational opportunities they deserve. And, this other way will not raise anyone’s taxes, and it will not reduce anyone’s job prospects.

This other way is school choice. Governor Brown’s predecessor, John Kitzhaber, took a major step toward this other way when he signed Oregon’s public charter school law in 1999 that currently allows more than 30,000 students to attend some 127 charter schools for educational opportunities they otherwise would have been denied. All without costing taxpayers or the public school system one additional dime.

Oregon is one of forty-three states and the District of Columbia that offer public K-12 charter school opportunities to their families. Now, the newest wave in the school choice movement is offering Education Savings Accounts in five states, and that number is sure to grow.

Education Savings Accounts, or ESAs, are not a college savings plan. Rather, if families decide the public schools their children are assigned to are not meeting their needs, they can leave those schools and instead receive money from the state to pay for approved alternative education options and expenses. Parents can spend the funds on private school tuition, individual courses at public schools, tutoring, online learning, textbooks, educational therapies, and other education-related services and products. They can use a combination of these services based on what they think would best meet their child’s learning needs.

Each eligible child is able to draw from his or her own personal Education Savings Account maintained by the state and funded by most, but not all, of the money that otherwise would have been sent to the local school district. When properly structured, ESAs require no new taxes and are not a financial burden on the state or local public school districts. They simply allow money already allocated for public education to be used in ways individual families choose, instead of in ways dictated by the ZIP code students happen to live in.

In an improvement over earlier school choice programs such as vouchers, ESAs let families spend only what they want to each year, and save or rollover the balance toward future educational needs. If not all the money in an ESA is spent by the time a student graduates from high school, the remaining funds may be used to help cover his or her higher education costs.

So, let’s not ask taxpayers to gamble that our troubled public schools will somehow get it right this time if we simply give them enough new money out of our pockets with the hidden sales tax in Measure 97. Instead, let’s ask our legislators in Salem to explore a new, truly innovative way to improve educational outcomes for each individual student with personal Education Savings Accounts.


* Governor Brown’s complete remarks at Madison High School were recorded and can be heard on this KXL radio episode of Beyond the Headlines in the first segment of about seven minutes at https://soundcloud.com/kxl-beyond-the-headlines/week-of-8-28-16-episode-130

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Oregon Land Board Low-Balls Elliott Timber with Fixed-Price “Bidding”

Last week the Oregon Department of State Lands announced the “fair market value” of 82,450 acres of Common School Trust Lands within the Elliott State Forest as $220.8 million. The number was picked by Roger Lord of the consulting firm Mason, Bruce & Girard after analyzing three different professional appraisals. Proceeds from the land transfer will go to the Common School Fund and be invested for the long-term benefit of public school students.

At a public meeting held in Salem, the Director of the Department, Jim Paul, reiterated that anyone hoping to acquire the 82,450 acres must offer exactly $220.8 million. Any offer above that will be considered “outside the protocol” and deemed “non-responsive.” This announcement was the latest step in the Land Board’s plan to dispose of the Elliott property in a non-competitive bid process.

The Land Board has invented a “fair market” value of the Elliott timberland without allowing a market to actually function. The price investors are willing to pay might be higher than $220.8 million, or even multiples of that number. Unfortunately, we’ll never know because the Land Board is refusing to take competitive bids. Clearly, this is a breach of fiduciary trust. Public school students, teachers, and parents deserve to get top dollar in this once-in-a-lifetime sale of a public asset.

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Portland Schools Need Radical Change, Not Just a New Superintendent

Portland school superintendent Carole Smith abruptly resigned in July, after nine years on the job. She was originally planning to retire next June, but the release of an independent investigation into the district’s inept handling of contaminated drinking water caused her to speed up her departure.

The school board immediately announced a national search for a successor, and the rest of the story is predictable. After months of searching, finalists will be scrutinized in a detailed public vetting, and someone will be signed to an expensive contract. The new leader will enjoy a short honeymoon and then gradually sink into the bureaucratic quagmire of school politics.

Amidst never-ending arguments about school transfers, graduation rates, and a myriad of other issues, buyer’s remorse will set in. Eventually the superintendent will resign and the process will begin anew.

This is the way we’ve been doing things for decades, usually with disappointing results. We could take a different path. But first we have to admit that if system results are disappointing, we need to change the system, not the people.

Large urban school districts are inherently dysfunctional. Teaching is a distributed service; the learning takes place student by student, classroom by classroom. When measured in terms of students, teachers, money, and facilities, there are millions of moving parts. The notion that a single bureaucrat in the central office can design the optimal system to satisfy all customers is a fantasy.

The system itself needs radical change, and the single most important reform Portland could pursue would be to redesign how the money flows.

Right now, tax dollars go to the district, regardless of results. Students are assigned to schools like factory widgets and few families have other options. The suppliers of service have all the leverage, while consumers have almost none.

A better option would be for the district to seek legislative approval of Educational Savings Accounts (ESAs). The ESA concept is simple: Parents who are dissatisfied with the government school assigned to them can opt to have most or all of the per-student money that would have gone to that school for their children deposited instead in personal accounts managed by the state treasurer. The funds in each account become property of the family and may be used for a variety of educational services, including private education, home schools, online learning, and tutoring.

Ideally, any money left over at the end of a school year would remain in the account, available for future use. This would encourage wise stewardship of those funds. If the account still had money at the time the student graduated from high school, it could be used for college tuition or technical training.

Distributing school funding through consumers rather than providers would instantly change the balance of power. High-cost union contracts would have to change. Parents would need to be satisfied. And market discipline would replace ineffective top-down management.

Most parents would probably not use ESAs. It’s likely they are satisfied with their neighborhood school and wouldn’t want the hassle of shopping around. But the mere fact that they could use an ESA would create incentives for teachers and administrators to behave differently. When suppliers of a service know that 100 percent of their customers have the means to shop elsewhere, they focus on satisfying those customers.

Carole Smith was neither the worst nor the best Portland school superintendent in recent memory; she was just part of the conveyor belt of socialism that defines generic government education. Stopping the conveyor belt would be a good first step toward liberating students and improving educational achievement in Portland.


This article originally appeared in the July 2016 edition of the newsletter, Oregon Transformation: Ideas for Growth and Change.

Elliott Forest Oregon.gov

Oregon Land Board Low-Balls Elliott Timber at $220.8 Million

FOR IMMEDIATE RELEASE

Media Contact:
John A. Charles, Jr.

503-242-0900

john@cascadepolicy.org

 

PORTLAND, Ore. – Today the Oregon Department of State Lands announced the “fair market value” of 82,000 acres of Common School Trust Lands within the Elliott State Forest as $220.8 million.

The number was picked by Roger Lord of the consulting firm Mason, Bruce & Girard after analyzing three professional appraisals which valued the land at $262 million, $225 million, and $190 million, respectively.

All proposed “Elliott Acquisition Plans” are due to the Department of State Lands by 5:00 p.m. November 15, 2016. If there are multiple plans accepted, the Oregon Land Board will choose the winning offer at its December meeting. Proceeds from the land transfer will go to the Common School Fund and be invested for the long-term benefit of public school students.

At a public meeting held in Salem, the Director of the Department, Jim Paul, reiterated that anyone hoping to acquire the 82,000 acres must offer exactly $220.8 million. Any offer above that will be considered “outside the protocol” and deemed “non-responsive.”

Today’s announcement was the latest step in the Land Board’s plan to dispose of the Elliott property in a non-competitive bid process. This prompted Cascade Policy Institute President John A. Charles, Jr. to make the following statement:

“The Land Board has invented a ‘fair market’ value of the Elliott timberland without allowing a market to actually function. The price investors are willing to pay might be the $262 million appraisal, or it could be multiples of that number. Unfortunately, we’ll never know because the Land Board is refusing to take competitive bids. Clearly this is a breach of fiduciary trust. Public school students, teachers and parents deserve to get top dollar in this once-in-a-lifetime sale of a public asset.”

Founded in 1991, Cascade Policy Institute is a nonprofit, nonpartisan public policy research and educational organization that focuses on state and local issues in Oregon. Cascade’s mission is to develop and promote public policy alternatives that foster individual liberty, personal responsibility, and economic opportunity. For more information, visit cascadepolicy.org.

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Steve and Friedmans

Ten Years After Milton Friedman

One of the greatest minds of our era passed away in November 2006. This Sunday would have marked his 104th birthday. Milton Friedman won the Nobel Prize for Economics; but it was his ability to relate complex economic ideas in simple terms the average person could understand, and his devotion to liberty, that made him truly great.

Milton and his economist wife Rose spent literally decades researching, writing, speaking, and popularizing free-market economics and its connection to liberty and freedom. Rose actually grew up here in Portland, and it was my privilege to call her and Milton my friends.

This Friday, July 29th, the Friedman Foundation for Educational Choice will celebrate the 10th and final Friedman Legacy Day, which began after Dr. Friedman passed away. Rather than continue these annual celebrations, the foundation, created by and named after Milton and Rose Friedman, will move forward with a new name and a new strategic plan. Both will be announced on the foundation website, at www.edchoice.org.

Please join all of us at Cascade Policy Institute as we celebrate the lives and contributions of a great couple, and renew our commitment to promote their ideas and ideals, which include the goal of every child being able to attend the public, private, religious, or home school of their choice, with funding following the student.

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