NYCivic

Threats to Public Education

Judicial Takeover of School Funding, Management
Surrender to Ms. Weingarten on Teachers' Contract

By Henry J. Stern
October 20, 2004

We call your attention to two columns published today about our schools. One deals with what should be the city's concerns in a rapidly advancing constitutional crisis on school funding and management; the other breathes fire over an alleged impending collective bargaining agreement which would reflect mayoral surrender on the classic issue of the book-size UFT contract, which prescribes detailed work rules which the mayor has opposed.

In the News, Michael Goodwin writes, under the headline "On School Funding," "MIKE SHUDDA KNOWN THERE'S NO FREE LUNCH." This is the lead:

"The lawsuit over state school funding promises the city gobs of free money. But, details, details. The promise is turning out to be full of peril. And free is turning out to be very expensive. Old-timers can relate to the promise as a Trojan horse: it's beautiful and curious, but when you take it inside your house and open it -- surprise, you've been invaded."

Goodwin's article sounds the tocsin about the likely consequences of the State Court of Appeals decision on June 26, 2003 in which the judiciary laid the groundwork for the courts and their appointees to assume control of public education in New York State, hitherto the province of the executive and legislative branches. The management of the school system is slipping into the eager hands of Judge Leland DeGrasse, who has appointed two retired judges and a former law school dean to make recommendations. The prospect is that the judge, and his superiors on higher courts, will try to make basic decisions as to how much money will be allocated to support education, who will manage the school systems, and under what terms and conditions.

The Court of Appeals is understandably and legitimately frustrated at the Legislature's failure to correct the funding imbalance during the year the court gave them to resolve the issue. They did not understand that the Legislature will always be dysfunctional as long as the court fails to wake up and overturn the gerrymandered districts which keep senators and assemblymen in office until they become judges, die, retire or go to jail; The hand-tailored districts practically guarantee tenure to legislators as long as they avoid the clutches of the law. It would be far more appropriate for the court to tackle the political evils that have paralyzed our government system rather than attempt to arrogate to itself or its deputies the management and funding of individual agencies.

In the Post, Ryan Sager, a Sun alumnus, under the headline "MAYOR ON THE EDGE OF A SELLOUT: Letting teachers union off the hook," predicts that Mayor Bloomberg is about to make Randi Weingarten, president of the United Federation of Teachers, his new daddy. Sager says the new power couple was seen together at a Yankees game last week. That is the political equivalent of the pair meeting at high noon in Macy's window (a very public place). Alex Rose, the Liberal Party leader who died in 1976, used the Oak Room of the Plaza for such meetings.

Of course, it is always possible that Ms. Weingarten may have visited the box just to get a better view of the game, or to share a brew with the mayor. What do you think brought the couple together?

Sager's column lists all the employee privileges, indulgences and excuses from work in the UFT contract, which the mayor for almost three years has repeatedly and vigorously denounced. We do not know whether or not the mayor is poised to surrender, and settle for a fig leaf to cover his retreat. But there is a problem here: to fight the good fight, the mayor has to be reelected.

In the 2001 mayoral race, the UFT backed three losers in a row — Hevesi, Ferrer and then Green — whom they disliked only slightly less than Bloomberg. Whatever Ms. Weingarten is telling Bloomberg today in her search of higher wages and no changes in the contract, he would be wise to be more than a little skeptical. The lady enjoys certain advantages.

For one thing, Ms. Weingarten faces no term limits, and will be around longer than he will. Second, she is brighter and more shrewd than most of the empty suits and stuffed shirts with whom she deals. Third, she doesn't have to worry about the city, the budget or the school system. Her concern is her dues-payers, and it is easier to serve a narrow self-interested constituency than it is to represent eight million New Yorkers with conflicting desires.

We hope that Ryan Sager's story will be proven not to be true. The mayor is devoted to public service and school reform. He has done more than many others for this cause. It would be sad but understandable for him to quiver and fold in the face of eighty thousand employees and their loved ones. The kicker is that the prospect of actually being rewarded for taking a dive is doubtful. He may take heart from the example of Dennis Rivera's endorsement of Governor Pataki for something north of a billion dollars for his members. Unions, like most interest groups, are for sale. But teachers are more independent than hospital workers. I wouldn't count on them following any party line. They may vote their discontent rather than their pockets. Who knows?

In the aftermath of municipal capitulation, we will gain awareness of how much sweeter it all is if the entire transaction is cloaked in the syrupy language of helping children — citizens of tomorrow, future leaders, etc. Yesterday we would close with swelling violins, restrained applause, and exeunt omnes. In today's shorter words, Randi rules. But what's new about that?