Peter Goodman is a close observer of city and state education policy in Néw York. In this post, he describes how Governor Andrew Cuomo bypassed the state Constitution to impose his own ideas on nearly 200 struggling schools across the state.

Since the state Constitution gives the governor no role in education policy, Cuomo used the budget process for his coup.

“True to his word the Governor attached a number of proposals to the budget: extending tenure for new teachers from three to four years, another principal-teacher evaluation plan (the third in four years) and receivership, a system to deal with low performing schools.

“From April through June the Board of Regents grappled with the dense, new, teacher evaluation law: an Education Learning Summit, two lengthy and contentious public Regents meetings, thousands upon thousands of emails, faxes, letters and phone calls to the Governor and Regents members all protesting elements of the new law. Eventually the Regents approved a set of regulations that will require the 700 school districts in New York State to negotiate the implementation of the new law.

“What received virtually no discussion was receivership – a system by which “struggling” schools are given two years to improve before they are removed from their school district and placed under the supervision of a receiver, who has sweeping powers including the ability to change sections of collective bargaining agreements. The Lawrence Massachusetts receivership district is frequently referenced as a successful example of the receivership model (See discussion here and the Mt Holyoke School District is in the process of entering receivership, with strong opposition from the community and teachers (Read discussion here).

“The New York State model is directed at schools rather than school districts.

[The new law says:] “In a district with a “Persistently Struggling School,” the superintendent is given an initial one-year period to use the enhanced authority of a Receiver to make demonstrable improvement in student performance or the Commissioner will direct that the school board appoint an Independent Receiver and submit the appointment for approval by the Commissioner. Additionally, the school will be eligible for a portion of $75 million in state aid to support and implement its turnaround efforts over a two-year period.”

“In the first year the superintendent, with “enhanced authority” has to show that the school has made “demonstrable improvement in student performance” or the school board, with the approval of the Commissioner will appoint an Independent Receiver.”

New York City recently started a 3-year turnaround program, but most of them are now targeted for receivership.

What is receivership? It means the school is handed over to an outsider with sweeping powers, “including requiring that all teachers reapply for their positions.”

Cuomo has no experience or knowledge about schools, other than having gone to schools. But he is threatening scores of schools either to improve or get taken over. This is a continuation of his vendetta against public schools and their teachers. In his way of thinking, the best way to bring about change is by threatening to beat up the other. Improve or die.