East Ramapo slates fixes for lead in water; bond rating outlook 'negative'

Lead-laden sink fixtures, shut for seven years, are slated to be replaced throughout East Ramapo schools within a year, according to East Ramapo and state Department of Education officials.

The state confirmed the planned work in communications with The Journal News/lohud and with the New York Civil Liberties Union. East Ramapo Superintendent Clarence Ellis also referenced the lead fixture replacement during an Aug. 15 school board meeting.

Also this month, the district saw one ratings agency change its outlook on certain bonds to "negative," citing, in part, the condition of East Ramapo school buildings and a continued lack of local investment by taxpayers.

Both the district and SED have said the planned work on sink fixtures is part of the district’s massive building repair project funded by $90 million in federal COVID relief aid.

Documents supplied by the state and district do not provide the specific costs for the fixture replacement.

A state Department of Education spokesperson said water fountains and sink fixtures would be replaced during an upcoming phase of repairs that focuses on Americans with Disabilities Act adjustments, when bathrooms are being renovated.

A memo from SED to the NYCLU stated that the majority of the fixtures would be replaced with a year's time.

An Aug. 15 progress update from CSARCH, an architecture, engineering and construction firm, stated the design work was still being finalized.

East Ramapo: 7 years after district shut school taps due to lead, activists call on state to act

Johanna Miller, director of NYCLU’s Education Policy Center, said the NYCLU has been seeking further information about when and which sinks and water fountains will be repaired.

“We’re really trying to keep the pressure on that the state has to take a more active role," Miller said. "There’s never been a better case for a district that needs state intervention than this one.”

The district currently has a two-person monitor team assigned by the state Education Department, including a financial monitor and education monitor.

How we got here

The water situation gained renewed attention this summer after a state-mandated building conditions survey failed every school building because of the lack of water supply. The building survey also rated other conditions “unsatisfactory” for most district-owned buildings.

The New York Civil Liberties Union called the situation “environmental racism” and local elected officials blasted the delays in fixing the issue that impacts certain drinking fountains and bathroom sinks.

The water contamination was detected in 2016, in the wake of Flint, Michigan’s water issues. At that time, all New York schools underwent lead testing; many schools found problems and most remedied the issue within weeks or months. Repairs in East Ramapo lagged amid fiscal troubles that continue to burden the district.

A child's developing brain and nervous system are more susceptible to the toxic effects of lead. District children have had access to bottled water for drinking. Water for handwashing is considered safe, according to the U.S. Centers for Disease Control and Prevention.

East Ramapo: All schools fail state-mandated building survey; fixes could cost $500M

“The delay has been a direct result of repeated defeated budgets for the past 10 years as Capital Projects require voter approval,” state Education Department spokesperson JP O’Hare said last week.

Fiscal straits delay fixes

District officials and state-appointed monitors repeatedly point out that, even with recent infusions of extra federal and state aid, the district’s finances remain shaky because the local community frequently votes down budgets that include tax increases.

About 10,500 students attend East Ramapo's 14 public schools. Another 35,000 kids who live within the district go to private schools, mostly yeshivas that serve the Hasidic and Orthodox Jewish community. Both student populations will surely increase this upcoming academic year. In the public schools, new students are most often new immigrants in need of support, from English language help to assistance in overcoming trauma. Most children who reside in the district, enrolled in either public or private schools, are considered economically disadvantaged, according to federal and state guidelines.

Over the years, school board members whose constituencies are largely from the private-school community have warned that budgets carrying property tax increases won’t pass. That has often been true. In the 2022-2023 school year, the district operated under yet another contingency plan after voters twice rejected budget plans with tax levy increases. In the upcoming 2023-2024 academic year, the district will have a budget supported by voters only after it was crafted with a 0% tax levy increase. According to district documentation, that equaled a property tax cut for residents.

Former school board member Carole Anderson said the building survey is just one symptom that shows that the state needs to take action beyond assigning monitors to the troubled district.

"Water fountains are just one of the many problems due to years of lack of maintenance," said Anderson, a retired educator who lives in Wesley Hills.  "The East Ramapo students deserve to receive a quality education which they are not receiving because of the constant failed budgets."

COVID aid runs out; seeking a bond

During the COVID pandemic, the district was awarded $146 million in federal COVID relief, a move that fended off swelling deficits. Of that, about $90 million is earmarked for infrastructure work that has to be completed by next year.

But even that is not enough to get the buildings in shape. The first 2023-2024 budget plan put up in May included several million dollars for additional repairs to schools; voters rejected it by a wide margin. Most of that funding was removed to get to a flat tax levy for the revised plan that voters passed in June.

“We have earmarked certain money out of our own general fund to address our immediate facilities needs,” Superintendent Clarence Ellis said during the Aug. 15 school board meeting.

Ellis also announced, in the wake of the disturbing building survey, that the district would put up a bond this year to make repairs the COVID funding didn’t cover.

Plans are under way to form community groups to help determine the size and scope of a bond.

A 'negative' outlook

Meanwhile, Moody’s Investors Service on Aug. 22 changed the district’s outlook on certain borrowing to “negative.” The bond rating remained the same, at Baa3, one step above junk status.

“Despite recent stability supported by an influx of federal money and large increase in state aid, the financial position is expected to deteriorate over the next three years absent additional increases in recurring revenue,” the Moody’s report states. Factors cited include below-average incomes among residents in the district; increasing number of students enrolling in public schools; and deferred building maintenance.

“District governance is considered weak because of the inability of the school board to provide adequate resources for students despite the state monitors powers and efforts to adhere to a long-term strategic fiscal and academic plan,” the Moody’s report states.

East Ramapo: District seeks voter OK for budget with 0% tax levy; warns of fiscal squeeze

The report also cites “environment risk” outlined in the recent building condition survey.

O’Hare of the state Education Department said the Moody’s report was among the “consequence of having a record number of failed school budgets as well as a long time failure to invest in critical capital investments over the years.”

“To ensure that every student in East Ramapo has equitable access to a high-quality education, our position has been unwavering,” O’Hare said. “The East Ramapo School District must take the pragmatic steps necessary to put them on financially sound footing.”

Miller of the NYCLU pointed to Moody’s inclusion of further state oversight as a factor that could help facilitate an upgrade. "It’s not just more money without more oversight," Miller said. "It also can’t be more oversight without more money. You can’t fix anything if you don’t have the money. There’s not a local solution that could possibly tackle both.”

Nancy Cutler covers People & Policy for lohud.com and the USA Today Network New York. Reach her at ncutler@lohud.com; follow her on Twitter, Threads and Instagram at @nancyrockland.

This article originally appeared on Rockland/Westchester Journal News: East Ramapo NY schools fixing lead pipes that contaminated water