The New York State Legislature Adjourns with a “Whimper,”as Educational Policy-Making Moves to the Board of Regents

This is the way the world ends
This is the way the world ends
This is the way the world ends
Not with a bang but a whimper

T. S. Eliot, The Hollow Men (1925)

The last stanza of Eliot’s poem is an apt description of the end of the 2016 legislative session. The final days, called “the Big Ugly,” is a scramble, an endgame, the Republicans and the Democrats vying for an advantage as the state moves toward the November election. All the seats in the legislature, the 150 in the Assembly and the 63 in the Senate will be on the ballot. While the Assembly is firmly in the Democratic column the Senate is far more complex, and byzantine. The Democrats hold a single seat edge in the Senate (32-31); however five Democrats (Jeff Klein, Diane Savino, Tony Avella, David Valesky, and David Carlucci), the Independent Democrat Conference (IDF), under the leadership of Klein (Bronx) caucuses with the Republicans, giving the Republicans control of the Senate.

Hanging in the balance were mayoral control, campaign finance reform, removal of pensions for convicted legislators, online fantasy sports betting and scores of other bills.

You may ask: why is all this conflict and wheeling and dealing necessary? Why can’t legislators have civil conversations and decide the issues?

James Madison, in Federalist # 51 wrote,

Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary

The Constitutional Convention (1787) was not covered in CSPAN; the Constitutional Convention was a secret meeting. The only notes we have are Madison’s personal notes, not made public until after the death of all the delegates, The fifty-three delegates argued, came and went, delivered lengthy speeches, met in private, and made deals.

Slavery was one of the most significant stumbling blocks, the anti-slavery Northerners versus the slave-holding South, The compromise: slavery is not mentioned in the constitution, the question of slavery was left to the states, and, as part of a compromise; slaves were counted as 3/5th of a ”free person,” and referred to in the clause as “all other Persons.”

Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other Persons.

Deal-making, as reprehensible as it may seem, is at the essence of making government work.

Whether to extend mayoral control in New York City had nothing to do with education. Weakening the mayor might give the Republicans a chance in the 2017 mayoral election. In spite of pleas from Merryl Tisch and others in the upper echelons of power Senate leader John Flanagan offered “unacceptable” plan after plan until in the closing hours an agreement was reached, the NY Times describes the plan as a one year extension plus,,

It would effectively create a parallel system of charter schools within the city, allowing “high-performing charter schools in good standing” to switch to join the State University of New York umbrella or the Board of Regents of the State Education Department.

Probably a meaningless change, currently charters schools authorized by both New York City and Buffalo make reauthorization proposals after five years, the authorizer, SUNY or the Board of Regents can reject the recommendation. The proposal allows the charter school, if it’s  “high performing and in good standing” to move directly to SUNY or the Regents for reauthorization.

The session is most interesting for what it did not do – the houses steered clear of legislation directing the State Education Department to take any actions. A host of education bills simply died. Neither the governor nor the party leaders had any desire to once again get involved in the morass of teacher accountability or testing, any of the issues that birthed the opt outs and/or angered teachers and their unions.

The budget was generous and the political leaders appear to be leaving the educational decisions to the educational leaders.

In December the Cuomo-appointed Task Force released their report with 21-recommendations: a blueprint for the Commissioner and the Board of Regents. The core of the report was a 4-year moratorium on the use of student test scores as part of a metric to assess teacher performance.

In the six months since the release of the report the Commissioner has made tests untimed, a recommendation in the report, established a number of large field-based committees to review elements of the Common Core, and, the Regents created a number of alternative pathways to graduation.

Quietly, very quietly, the Commissioner announced a change in the observation section of the teacher evaluation regulation. The outside observer would be scrapped – what might be a good idea in theory was both overly complex and a financial burden on school districts. There was no high drama – no headlines, simply an announcement undoubtedly based on quiet discussions.

The decisions before the Board of Regents are complex, politically explosive and without explicit answers.

Can you create a teacher evaluation plan that is acceptable to principals and teachers and not trashed by external critics?

Can better tests win back opt out parents?  And, what do you mean by “better tests?”

Will alternatives to testing, perhaps, portfolios or other performance assessments, be acceptable to the feds, and acceptable to the principals and teachers?  Are performance assessments practicable in actual classroom settings?

Will additional alternative pathways to high school graduation make students more or less prepared for college?

The Regents appear to have a window – three or four years – to make decisions based on their expertise as well as respond to external pressures and scrutiny, and, hovering aloft: “disruptive” solutions such as unlimited charter schools or vouchers.

Windows open, and windows close.

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One response to “The New York State Legislature Adjourns with a “Whimper,”as Educational Policy-Making Moves to the Board of Regents

  1. Why is it always a ‘window of opportunity’ when the negative phrases ‘don’t let the door hit you in the a** on the way out’, etc ALWAYS seem to use a door? The door makes for an easier transit-just saying!

    This charter junk exists only for two reasons, racism and profit.

    We need a constitutional amendment to end the spoils from the Supreme Court ruling that allowed unfettered political contributions. Then perhaps the door will hit some behinds other than our kids, the teachers, and staff that struggle in underfunded schools.

    OBTW-See what’s going on in some other states and cities. Reasonable politicians and real, generous, no strings philanthropy–WHERE ARE YOU?

    Like

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