Tag Archives: Governor Cuomo

Upcoming Albany Legislative Session: School Aid Funding and an Albany Politics Primer

In the next few blogs I’ll be addressing the education issues that will dominate Albany, in the current blog a teaching moment about the “politics” of the legislative process and education funding.

Gideon J. Tucker, a Surrogate Court Judge in the New York State courts, in a decision, wrote, “No man’s life, liberty, or property are safe while the legislature is in session.”

For decades the New York State legislature was a part time job for most legislators, the Assembly and the Senate met a few days a week from January till June with full weeks during “budget week,” the last week in March, and, the last week of the session in June. (See the 2019 session calendar here   and public hearing calendar here). Legislators may have a law practice, real estate, run a business, and others full time. All legislators have an office in their district.  In 1998 the $57.000 salary was increased to $79,500, plus additional salary for some committee chairmanships (“lulu”) and per diem stipend for each day in Albany. Over the last twenty years the job has become a full time position for most legislators, and, no raises. After years of “quiet” discussions a committee made up of the NYS and NYC Comptrollers decided upon phased in raises to increase salary to $130,000, limited outside income, eliminated additional stipends and requires an on time budget; there will probably be legal challenges.

The legislators return on Wednesday to listen to the Governor’s State of the State message, speeches by the Assembly and Senate leaders and a number of receptions.

The 150 Assembly members and the 63 Senators, for the first time in memory are firmly in the democratic column.

In the Congress bills are passed in both houses, reconciled and passed along to the president for signature, in Albany, the governor is an integral part of the process. The reason is a quirk in law; New York State budgets must be passed by April 1, the beginning of the fiscal year, and, the budget can contain anything, policies that have absolutely nothing to do with the budget. The highest court in the state confirmed this practice.

While leaders in both houses have clear agendas the governor also has an agenda  ,

Democratic control of the state Senate this year is expected to lead to the passage of long-sought liberal goals, including campaign finance reforms and changes to voter registration laws that range from early registration to making it easier to change your party affiliation.

But in recent days, Gov. Andrew Cuomo has seemed skeptical that the one-house bills that have glided through the Assembly will pass with the same ease in the new legislative session.

“Pass the Roe v. Wade that you said you would pass,” Cuomo said on WCNY’s The Capitol Pressroom. “Pass public finance like you said you would pass. Pass campaign finance. Pass the Contraceptive Care Act. I will sign it in a heartbeat. They have to now do what they said they would do when they passed those bills. Send me the public finance bill.”

If the legislature does not pass the bills he favors he could simply roll the bills into the budget talks and the legislators will be forced to either submit to Cuomo, or, go past the budget deadline and jeopardize their raise; although a late budget would also damage the governor who clearly has eyes on higher office.

Yes, Judge Tucker’s warning about the legislature still resonates today.

In February the governor will release his Executive Budget, it will be 2% higher than the current budget as per his self-imposed constraints. Each house will pass a “one-house” budget and in the waning days of March, if the script follows previous years, a budget will be voted on throughout the night of March 31st into the dawn hours of April 1st; unless, the newly elected democrats in the Senate decide to do battle with the governor.

Notice: there has been virtually no discussion of state education aid; a topic that usually dominate pre-budget talks.

Education advocates and the newly elected senators from New York City led by Robert Jackson, one of the original Campaign for Fiscal Equity (CFE) litigants and a newly elected senator will be leading the fight. Jackson and the advocates aver the state “owes” New York City billions of CFE dollars that were halted by the 2008 Great Recession. Cuomo disagrees, and, appeals to other low wealth, high poverty districts,

Gov. Andrew Cuomo insisted in a radio interview Thursday he backs more funding for poorer school districts in New York as he also seeks to turn aside a push from education advocates to add $4 billion in direct education aid this year …  the perennial push from education advocates to settle what they say are the terms of the Campaign for Fiscal Equity lawsuit.

Cuomo in the interview Thursday insisted it was a settled matter.

“That is not an opinion. That is a fact. The CFE lawsuit was settled,” Cuomo said, while adding education advocates who have antagonized him over the issue are “wrong.”

“There are people who say the world is flat, OK?” he said.

But at the same time, Cuomo indicated he’s willing to provide additional funding to low-income and needy districts. It’s a potential olive branch extended as one of the original plaintiffs in the CFE case, Robert Jackson, will be a freshman Democratic state senator this year.

“We don’t give poor schools enough funding. That is true,” Cuomo said. “My point is the poorer schools need more funding because they have a greater challenge. Let’s give the poorer schools more.”

Still, there may not  sufficient money to stretch school aid. Cuomo once again has signaled he wants to keep overall spending in the budget capped at a 2 percent ceiling.

A quick review of education funding: 2/3 of education dollars come from local property taxes, the increases have been capped at 2% by provisions in each budget since Cuomo was elected. School budgets are on the ballot in May school board elections, except, in New York City, education dollars are part of the city budget. Per capita funding varies widely, high wealth suburban districts to low wealth urban (Buffalo, Rochester, Syracuse) and rural districts. New York City is at the midpoint of the spectrum.

State aid provides about 1/3 of the state education dollars and most of the state dollars, called foundation aid, are distributed by formula attempting to some extent equalize the funding gap.

The Board of Regents spends the Fall constructing a budget proposal for the legislature/governor, the budget priorities below, click here to read the details.

2019-2020 Proposal ($2.1 billion):

• Foundation Aid Phase-in ($1.66 billion)

• ELL Support within Foundation Aid ($85 million)

• Expense-based Aids ($410 million)

• Universal Prekindergarten ($26 million)

• Career and Technical Education ($25 million)

While New York State provides the highest per capita funding in the nation  it also is among the most inequitable distributions by district in the nation. Other states provide all funding from the state, no wealth-based education funding, and the state legislature has shown no interest in disrupting the current system.

The dilemma: how can the state provide more dollars for the poorest districts and also provide additional dollars for the suburban districts; Robin Hood versus more dollars for all, and, keeping within the “rules” set by the governor?

And remember: the governor’s goal of fulfilling the Cuomo family dream that his father failed to pursue.

Next topics:

Mayoral Control

Charter Schools

Specialized High Schools Admittance Procedures

If Democrats Control Both Houses of the State Legislature How Would It Impact Education Policy?

On Tuesday voters across the nation will cast ballots that will decide the control of the House of Representatives and the Senate, in New York State voters will determine the control of the State Senate.

The 150-member Assembly is firmly in control of Democrats, led by speaker Carl Heastie, who replaced the disgraced Sheldon Silver.

The 63-member Senate is currently controlled by a slim, a very slim Republican majority, a one-vote majority. If there is a blue tsunami, a blue wave or a blue ripple the Democrats will gain control of the Senate.

The history of recent control of the Senate is covered with shame, the last two Democratic leaders of the Senate, both Afro-Americans, were convicted of crimes and incarcerated. The current Democratic leader in the Senate is Andrea Stewart-Cousins, an Afro-American woman representing Westchester.

If the Democrats prevail they will convene after being sworn in and select a majority leader; while Stewart-Cousin will probably prevail there may an opponent: Michael Gianaris, The Democrats in the Senate have always been a contentious group, divided by geography, race and just plain old political ambition. The Independent Democratic Coalition (IDC) peeled away eight democrats and shared leadership with the republicans. If you want a friend in Albany: buy a dog!

I suspect Stewart-Cousins will become the majority leader.

Both houses if the legislature will be led by Afro-Americans.

Who will Stewart-Cousins appoint a Education Chair? from New York City? the suburbs? a person of color?  How will Stewart-Cousins meld her senior members with her new members? How will she avoid identity politics?  Can she build a  collaborative majority or a fractious membership, some of whom may split off into a new IDC-like coalition?

The session kicks off with the governor’s State of the State message, laying out his policy agenda for the session. followed by the governor’s draft budget; in New York State the governor sets the parameters of the budget and from January until the end of March the “three men in a room,” excuse me, the two men and Andrea, hash out the budget. Governors can add non-budgetary items to the budget, the courts sustained this practice.

While the democrats control both houses representatives, regardless of party, will fight for issues important for their district. The loudest voice in the room is the governor.

In the last session about 15,000 bills were introduced in the Assembly, fewer than 500 became law; with both houses in democratic hands legislators will push hard for passage of their bills.

Legislators are both collaborative and competitive. Some legislators introduce twenty bills and others a few hundred, bills are assigned to committees and the committee chair is the gatekeeper. Some bills are similar to others bills, whose bill makes it to the floor?  The speaker and the majority leader are the final gatekeepers. It is rare for a bill to come to the floor that will not pass. Each party has almost daily conferences, closed meetings at which the members argue/debate bills, if there is sufficient opposition the speaker/majority leader will set the bill aside.

Education funding, although not sexy, is at the top of any education agenda. The combination of the limit on state and local tax deductions (SALT) and the 2% property tax cap is stressful. On one hand suburban districts pay extraordinarily high property taxes and the property tax cap is popular, on the other hand school districts are eating into reserves.

I suspect the legislature will take a deep dive into the way schools in New York State are funded. I doubt a bill can be agreed upon before the April 1st budget date; however, the state could select a commission to address a new school funding formula.

To further complicate New York City legislators will advocate for the full funding of the Campaign for Fiscal Equity (CFE) lawsuit – billions of dollars; an example of division by geography.

The State Education Department is currently creating a list of budgetary and non-budgetary asks, over the past decade budgets have been stingy when it comes to State Education funding initiatives.

Over the years democrats and republicans, urban and suburban, have worked out budgets within the fiscal constraints set by the governor.

The New York State United Teachers (NYSUT) is the union representing teachers in the 4400 schools in New York State; the United Federation of Teachers (UFT) is the union representing teachers in New York City.

A major issue for NYSUT is teacher evaluation, the Annual Professional Performance Review (APPR). We are in the last year of a moratorium on the use of student testing data to assess teacher performance. In the post-budget legislative session the Assembly passed a bill championed by NYSUT that would have moved teacher assessment decisions to local school districts, at the last moment the Republican leadership in Senate held the bill hostage, and took no action. Will the NYSUT-supported bill pass the legislature early in the session, or, will the governor decide to delay the discussions until after the budget? The State Commissioner, MaryEllen Elia, has made it clear; the Regents and the State Education should be involved in any APPR revisions.

Charter school advocates are nervous, and they should be!  For election cycle after election cycle charter school PACs poured money into Republican Senate campaigns, Republicans with no charter schools in their district.

The charter school cap in New York City is about to be reached, unless the governor decides to fully jump on the charter school bandwagon the cap will not be raised.

In number of areas the charter school law is permissive, charter school critics may advocate for a tightening of the legislation, more transparency, and, perhaps, limiting the contribution tax write-offs for charter school philanthropy,

The SUNY Charter School Institute decided it had the authority to certify prospective charter school teachers, a policy that was sharply criticized, and the courts ruled SUNY had exceeded their authority. Will the legislature limit the authority of the SUNY Charter Institute?  Merryl Tisch, during her tenure as leader of the Board of Regents attempted to move all charter schools solely to the Board of Regents.

Individual legislators will introduce bills that require that school districts to protect (you write in the noun) or provide curriculum for (again, you write in the noun) or prohibit or require (whatever), many of these proposals cost dollars that are not provided in the proposal.

Some proposals will be high profile, reported in the print and online media, be subject to public meetings and others quietly proposed and passed without much public scrutiny.

Virtually every organization employs lobbyists, from organizations representing school boards, superintendents, small cities, mid-sized cities, the Big Five, the Gates Foundation, Scores of organizations bring members to Albany, usually on Monday and Tuesday attempting to meet with legislators. I say attempting because legislators attend committee meetings and the session meetings; a grassroots type of lobbying.

Gideon John Tucker, a Surrogate Judge in New York Country wrote in an 1866 decision, “No man’s life, liberty or property are safe while the Legislature is in session.”

“All Politics is Local,” The Saga of the Annual Professional Performance Review (APPR), Assessing Teacher Performance and the Underside of Law-Making in Albany

Mike Schmoker, the author of Focus, wrote a prescient article in Education Week, “Why I’m Against Innovation in Education” at the same time that Bill Gates and Mark Zuckerberg announced yet another richly funded innovation,  “The State of the Art Ideas for Schools,” Schmoker writes,

I’m against innovation in education—as currently conceived and conducted. I’m not against small-scale educational experimentation, where new methods are tested, refined, and proved before they are widely implemented. But I’m against our inordinate obsession with what’s new at the expense of what works—with exceedingly superior (if much older) evidence-based practices

 “Inordinate obsession” is the appropriate term; education policy has been driven by billionaires, economists, statisticians and psychometricians, experts on one field setting policy in another field. A prime example is the work of Raj Chetty, who uses “big data,” statistical tools to analyze huge datasets. Chetty and others, in “The Long-Term Impacts of Teachers: Teacher Value-Added and Student Outcomes in Adulthood” concludes that high Value Added teachers have a substantial positive impact on students into adulthood; however, warns that VA should not be used for teacher evaluation

… our study shows that great teachers create great value and that test score impacts are helpful in identifying such teachers. However, more work is needed to determine the best way to use VA for policy. For example, using VA in teacher evaluations could induce counterproductive responses that make VA a poorer measure of teacher quality, such as teaching to the test or cheating. There will be much to learn about these issues from school districts that start using VA to evaluate teachers.

 In spite of Chetty’s caveat states across the nation hopped on the “assess teachers through student test results” bandwagon. The NYS Board of Regents held a summit, experts from across the nation, expressing opinions on the use of student data as assessment tools. The experts warned that the use of Value-Added was ill-advised; teachers teach different kids each year, as well as different grades and different subjects, the errors of measurement, plus/minus ten, twenty, thirty percent makes the data useless. Another vampire idea, a refuted idea that refuses to die; popping up again and again.

The New York State Race to the Top application, in exchange for $700 million, included a multiple measures plan, teachers rated by a combination of supervisory observations and student test scores. Without going too far into the weeds, the current system, called a matrix, combines supervisory observations and student learning objectives (SLO) also referred to as measurements of student learning (MOSL).

Three years ago the governor agreed to a four year moratorium on the use of student test scores and this year the commissioner was in the early phases of constructing an alternative plan. The commissioner has used a consultative process, task forces or work groups, the names are interchangeable, to propose changes in state policies.

Apparently the state teacher union (NYSUT) had been working with the Assembly leadership to craft a plan, a bill was introduced the day before the state teacher union convention and passed, with only one negative vote a few days later. The commissioner was clearly stunned, and not happy. While changing the law is the responsibility of the legislature, the commissioner is the leader, the CEO of the state education establishment amd would expect to be part of the bill drafting process.

A summary of the changes and the opinions of the stakeholders, read here .

The bill passed in the Assembly was introduced as the Senate, a “same as” bill, and, sponsored by the Senate education chair; however, not so fast. Chalkbeat, the online education website muses over the future of the bill.

Senate Majority leader John Flanagan has a dilemma, the bill is popular with parents as well as teachers, the Long Island Opt Out Facebook page proudly boasts 25,000 members, a number of them in Republican senatorial districts. Flanagan needs cover for his Republican colleagues, and his presser speculates over whether the bill will increase the number of tests, clearly an appeal to Opt Out parents.

Since it was first introduced, the State Education Department, the New York State School Boards Association, and the New York Council of School Superintendents have raised concerns that the legislation as written could inadvertently open the door to even more testing than we have now.  Nobody – not students, not parents, not teachers, nor myself or my legislative colleagues – wants that outcome.  With this in mind, we are performing an extensive review of this legislation to determine the best path forward. 

The School Boards Association also questions the bill, a bill that requires negotiations with the collective bargaining agents

We are concerned that if enacted, proposed APPR legislation that has passed the Assembly would result in additional student testing. 

Unless the state wants to forfeit federal ESSA funds, it still must administer grades 3-8 ELA and math state assessments. Under the proposed APPR legislation, students could have to take both the state tests as well as alternative assessments that would be used for teacher and principal evaluation purposes.

In addition, we have serious concerns about the requirement in the legislation for school districts to negotiate the selection of alternative assessments through collective bargaining. This represents a step backward, as school districts presently have the authority to determine assessments used in teacher evaluations.

School boards would rather see unions disappear than work with them in a collaborative manner.

The leader of Long Island Opt Out sees the proposed law as a “small step,” and is agnostic.

Jeanette Brunelle Deutermann

Admin · May 2 at 6:31pm

I want to be clear on what went down/is going down with the new APPR legislation. First and foremost, this legislation does absolutely nothing for children. Not that all legislation has to be centered around children, but I just want to ensure that if you hear ANY INDIVIDUAL or ORGANIZATION proclaim that it is, they are lying. All this does is take away the REQUIREMENT for districts to use 3-8 scores in evaluations, the way it used to be before the moratorium. After this law is passed, districts will continue to be forced to use test scores as 50% of their evaluation, but now in addition to local computer assessments, the science test, or regents tests being a choice, now 3-8 assessments are back on the list. A minuscule positive detail – they don’t HAVE to use 3-8 tests (as they would have had to use as the moratorium comes to an end). Those involved in creating this bill are celebrating this as a huge win. A more appropriate response would be “very sad that this is all our elected officials could muster.” Some have said “but it’s a step.” I guess that all depends on what shoes you’re wearing.

 The legislature will plod along, adjournment around the end of the third week in June and won’t return, except for an unusual special session, until January, 2019; the governor has until the end of the year to sign bills that pass both houses.

Will the Republican leader bring the bill to the floor for a vote? Will the governor sign the bill?

Flanagan has a conundrum,

  •  Should he try and extract a quid prop quo from the Democrats in the Assembly – signing the bill in exchange for, let’s say, raising the charter school cap in New York City, or, approving pre-K classes in the Success Academy charter schools? Actions probably resulting in dollars from the charter school political action committees.
  • Should Flanagan, sub rosa, try and get NYSUT, the teacher union, not to vigorously oppose fellow Republicans in the November general election? Unlikely
  • Should he simply “say no,” it’s a bad bill, without changes palatable to the commissioner and the school board association? In other words use the commissioner and the school board association as cover.

Or, oppose the bill and try and trash the teacher union as being self-serving.

And, will the governor sign the bill without an endorsement from NYSUT?  The small number of union locals that endorsed Zephyr Teachout four years ago might decide to endorse Cynthia Nixon this time, clearly engendering the animosity of the governor.

The end of the legislative session is called “the big ugly” for a reason.

Oddly, this is not an issue in New York City. The City and the Union agreed upon a system of using SLOs and MOSLs and a sophisticated set of alghorisms that satisfies their needs. Under the last year of Bloomberg 2.7% of teachers received unsatisfactory ratings, under the current matrix, less than 1% of teachers received ineffective ratings. The question of the number of observations will be part of the upcoming collective bargaining negotiations.

Maybe a sentence that should be posted above the Albany legislative chambers:

“No mans life, liberty or property are safe while the Legislature is in session.”

Gideon J. Tucker, NYS Surrogate, 1866

“Instant Teachers,” The SUNY Charter Institute Skips the Teacher Preparation Route: Politics, Muscle Flexing or Zombie Ideas That Will Not Die?

New York State has two charter authorizers, the SUNY Charter Institute  and the Board of Regents; each operates separately and maintains different standards for charter approval and charter renewals. Most charter schools have been authorized by SUNY, whose reputation is “charter friendly,” as evidenced by their recent move to extend the Success Academy charters years before their expiration date. The Regents reputation is close scrutiny and close monitoring and working closely with schools; SUNY plays less of a role in on-going support of the schools. (See list of SUNY charter schools here)

Charter schools fall into two categories, the charter school networks, charter management organizations (CMOs) that operate multiple schools, the prime example is the Success Academy Network, the Eva Moskowitz schools, 38 schools located in New York City.  The other category, referred to as community schools, or “mom and pop” schools, are single operator schools. There are currently 227 charter schools in New York City, about 1800 public schools

(Check out an earlier blog post that reviewed the charter school law and the current debate over teacher recruitment and certification).

Briefly, in July the SUNY Charter Institute proposed changes to their own regulations that would allow SUNY charter networks to “certify” teachers, the “certification” process would be wholly within the network and the State Department of Education would have no role in approving the process.

The Charter Institute argued it was more and more difficult to find certified teachers, although under the law charter schools staffs may include up to 15% uncertified teachers; public schools may only employ certified teachers

In spite of hundreds, maybe thousands of negative comments, including oppositional comments from the commissioner, the chancellor and the unions the SUNY board approved the new regulation. (Read the regulation here )

Upon approval  Commissioner Elia and Chancellor Rosa posted scathing criticism of the action (Read Rosa-Elia response here)

The teacher unions immediately announced that they intended to challenge the actions in the courts.

The SUNY Board of Trustees is appointed by the governor, and, the head of the board, Carl McCall is a close political ally of the governor.

The governor, up until now, has been a vigorous supporter of high standards for teachers. In the fall of 2014 the governor and the Board of Regents engaged in an almost vitriolic exchange of letters over the path of education in New York State. In a 20-page letter dated, 12.31.14 Jim Malatras, the New York State Director of Operations, laid out a path for education in the state. In the section dealing with teacher education Malatras wrote,

The Board of Regents also used Race To The Top funds to pilot clinically rich teacher preparation programs that are deeply embedded in classroom practice with extended teaching residencies/internships in schools rather than brief student teaching commitments. These preparation programs partnered with high-need schools to provide clinically rich experiences in return for the candidate’s commitment to serve in a high-need school where there is a shortage of well-prepared teachers. 

 In addition, the Board of Regents established new, more rigorous teacher and school building leader certification exams. Beginning May 1, 2014, new teachers must take and pass the Academic Literacy Skills test, which assesses a teacher’s literacy skills; a content specialty test, to ensure that teachers have the content knowledge they need to teach a certain subject; the edTPA, a teacher performance assessment that measures a teacher’s pedagogical skills; and the Educating All Students exam, which tests a teaching candidate’s ability to understand diversity in order to address the needs of all students, including English Language Learners and students with disabilities, and knowledge of working with families and communities. These new certification examinations ensure that teaching candidates have the knowledge, skills and abilities to be effective teachers. 

In 2009 Merryl Tisch, at that time the head of the Board of Regents, and now a member of the SUNY Board of Trustees and the SUNY Charter Institute board, excoriated SUNY and called for legislation to move all charter schools to the Board of Regents. (Read NY Daily News article here)

Why has the governor moved from supporting rigorous standards for prospective teachers to virtually no standards?

One theory is politics.

Politics in education?   Remember the Captain Reynaud line in the movie Casablanca, “I’m shocked, shocked, to find out that gambling is going on here.”

(Watch video clip here)

Governor Cuomo, his election for a third term a year away, is trying to assure that the charter school political action dollars will not be used to support a Republican candidate. While his actions may alienate the teacher unions, where can teachers go? They certainly wouldn’t go to a Republican, especially in the era of Trump, and, since Cuomo appears to be a shoo-in, they can’t afford to alienate the governor. There are far more important items: the property tax cap, levels of school funding, and, the decision over the moratorium on using student data to evaluate teachers.

Another theory: part of a multi-pronged attack on the so-called “public education monopoly” and teacher unions.

  • Law suits challenging teacher tenure law, the failed Vergara case in California and current law suits in New York State and Minnesota.
  • Supporting the use of student assessment data to measure individual teachers usually referred to as Value-Added Measures (VAM).
  • The case currently before the Supreme Court that would impact union membership dues collection.
  • And now, the beginning of an attack on teacher preparation programs, arguing that the programs do not produce better teachers, only create jobs in colleges, and, in this case charter schools, can do the job just as well and remove colleges as the teaching profession gatekeeper.

These attacks are all built on the belief that the marketplace should drive school success or failure. What is generally referred to as Portfolio Management or choice: public, charter, religious and private schools competing for students within the marketplace, the decision of parents, determining which schools survive and which don’t. The marketplace theory is based on the work of University of Chicago Nobel laureate economist Milton Friedman.

Last week the Nobel folk announced the winner of the 2017 for economics – Howard Thaler, whose work directly challenges the centuries old views of the marketplace theory.

  … people, in their economic lives, are everywhere and always rational decision makers; those who aren’t either learn quickly or are punished by markets and go broke. Among the implications of this view are that market prices are always right and that people choose the right stocks, the right career, the right level of savings — indeed, that they coolly adjust their rates of spending with each fluctuation in their portfolios, as though every consumer were a mathematician, too …. this orthodoxy has totally dominated the top universities, not to mention the Nobel Prize committee.

Thaler spearheaded a simple but devastating dissent. Rejecting the narrow, [view] that serves as a basis for neoclassical theory, Thaler proposed that most people actually behave like . . . people! They are prone to error, irrationality and emotion, and they act in ways not always consistent with maximizing their own financial well being.

In his 2008 book Nudge Thaler argues that all decisions are influenced by external forces, aka biases,

… many of the familiar arguments for why people should simply be left to make choices on their own, and especially for why government should stay strictly out of the way, have little practical force. In many important areas of choice that matter both to the individual and to the rest of us (for example, when overuse of medical care drives up our insurance premiums and our taxes), the operative question is not whether to bias people’s decisions, but in which direction.

Sadly, as Paul Krugman, another Nobel laureate economist bemoans, zombie ideas keep arising from their tombs.

Whether the decision to create “instant” teachers is strictly a Cuomo political gambit or yet another deeply embedded zombie idea we’ll never know, and, the final decision will either come out of the courts or the court of public opinion.

A simple solution would have been to create a SUNY charter school Teaching Fellows program. For more than twenty years New York City, utilizing existing state alternative teacher licensing regulations recruited candidates in “hard to staff” certification areas, partnered with local colleges: an intensive summer in school and college classrooms and assigned to a school in September with a retired teacher or supervisor as mentor. The Fellows took evening courses and earned a Masters and full certification in two years. Thousands upon thousands of New York City teachers are graduates of the Teaching Fellows program. The SUNY Board of Trustees instead chose to skip colleges altogether.

Whether the reason for the decision is politics or Milton Friedman acolytes the losers are the children.

Eva, Andrew and NYS Politics: Why is Eva Moskowitz, the Success Academy Network CEO so politically influential?

A quick review: The charter school law in New York State passed in December, 1998 at a lame duck session of the legislature called by Governor Pakati – two items on the agenda, the charter school bill and a raise, BTW, the last raise legislators received!  The law  established a quota on the number of charter schools, currently New York City  is about 25 schools below the quota, the quota for the remainder of the state is about 150 schools below the quota. Supporters of charter schools range from Milton Freedman acolytes, the anti-teacher union cabal, and, recently, Republicans feasting on charter school political action dollars. The Republicans have very few charter schools in their districts.

Under the law the Charter School Institute, part of the State University (SUNY) and the Board of Regents are charter school authorizers. The Charter School Institute maintains a detailed website – Check out here. Check out the Charter School Office of the New York State Education Department here. While the organizations, SUNY and the NYSED must comply with the law they have differing standards re approving charter school applications and renewals.

Charter Schools receive authorizations for five years, and, in the fifth year the authorizer reviews the performance of the school, The SUNY Charter School Institute extends the charter for an additional five years, or, rarely, closes the charter school. The NYSED Charter School Office can recommend to the Regents reauthorizing charters from two to a full five years, or, fail to renew and close the charter. See the just released “NYSED Protocols for Charter School Site Visits: 2017-18.

In the Spring, 2017 the SUNY Charter School Institute submitted ten requests for the extension of charters that were years away from renewal to the Board of Regents, the schools were all in the Eva Moskowitz run Success Academy Network, The Regents returned the requests to SUNY with the following comments,

Renewals to Charters Authorized by the Trustees of the State University of New York 
Your Committee recommends that the Board of Regents return the proposed charters [ten Success Academy Charter Schools with two, three and four years remaining before expiration of the charter] to the Trustees of the State University of New York for reconsideration with the following comment and recommendation:

Approving the renewal of any charter school years before the expiration of the charter does not allow timely review of the school’s educational and fiscal soundness, community support, legal compliance, or means by which the school will meet or exceed enrollment and retention targets for students with disabilities, English language learners and students who are eligible applicants for the free and reduced price lunch program. The charters should be abandoned, and the schools should be directed to resubmit the application no earlier than one year prior to the expiration of the charter term.

Under the law the extensions will go into effect after 90 days if SUNY chooses not to withdraw the renewal requests.

Why would the Charter School Institute even consider extending charters years ahead of time?  Remember the song: “Whatever Eva wants …?

Additionally, the Charter School Committee of SUNY released draft regulations: SUNY will approve plans submitted by charter networks for teacher certification in SUNY-authorized charter schools without the formal teacher certification required for all other teachers in the state.  Public comment forms open from 7/26 for 45 days here. The SUNY Charter School Institute indicated the change was necessary due to the difficulty in recruiting certified teachers; no evidence was presented to support the claim. The regulation appears to grant charter school networks wide discretion in approving prospective charter school teacher candidates.

Commissioner Elia and the Chancellor Rosa expressed  “concerns” over the plan,

“The Board of Regents and State Education Department are focused on ensuring that strong and effective teachers with the proper training, experience and credentials are educating New York’s children in every public school – including charter schools,” …. “Our review of SUNY’s teacher certification proposal is cause for concern in maintaining this expectation.”

On July 17th Ed in the Apple submitted comments to the Charter School Institute urging the Institute to withdraw the proposal and seek other avenues to recruit teachers. (Read here).

The SUNY Board of Trustees is comprised of 18 members, 15 of whom are appointed by the Governor, with consent of the NYS Senate.

The Board of Trustees is the governing body of the State University of New York.  The Charter Schools Committee is a subcommittee of the Board of Trustees that oversees SUNY authorized charter schools. Consisting of four members [three lawyers and a businessman], the Committee “approves or denies charter applications, revisions and renewals, administers a statewide charter school grant program, and sets SUNY charter school policies and standards.”

The SUNY Board belongs to the governor.

The Regents are responsible for “the general supervision of all educational activities within the State. The Regents are organized into standing committees, subcommittees and work groups whose members and chairs are appointed by the Chancellor.”

The Board comprises 17 members elected by a joint meeting of both houses of the State Legislature for 5 year terms [actually by the Democratic majority]: 1 from each of the State’s 13 judicial districts and 4 members who serve at large. Regents are unsalaried and are reimbursed only for travel and related expenses in connection with their official duties.

The governor has no statutory authority over the Regents.

Why does Eva Moskowitz have so much clout?  Why is the governor supporting policies clearing benefiting Moskowitz?

The 2018 Gubernatorial Election:

Three years ago Cuomo had to fight off attacks from the left in his own party to win the primary and fight off a popular, if underfunded Republican candidate. Cuomo received 54% of the vote; however, if you look at a map the pink/red (Republican) districts far outnumber the blue (Democratic) districts – the deciding factor was 80% plus majorities for Cuomo in Brooklyn, Manhattan and the Bronx (See map here). A better funded Republican could have even narrowed the gap, and, the charter school political action dollars are a key: who controls the charter school PAC dollars and how can Cuomo prevents the dollars from flowing to a Republican candidate?  Think Eva.

The 2020 Presidential Election (Not Bernie, Not Hillary)

Friends say I’m crazy,  Cuomo isn’t “presidential material,” I demur. Cuomo is hard to place on the political spectrum. He led the “fight for 15.” actively fighting Trump on immigrant issues, pro-environment, not pro decriminalization of marihuana,  did not push the “Dreamer” bill, he does not easily fall into a place on the spectrum. After a solid win in 2018 he can burnish credentials for a 2020 run for the White House. Andrew will not “leave the plane on the runway” – See Mario anecdote here.

Attacks from the Left

Zephyr Teachout, a Fordham law professor and a political neophyte received 34% of the vote in the 2014 September Democratic gubernatorial primary; the left wing of the Democratic Party was clearly unhappy with Cuomo in 2014 and there are rumblings of challenges next year. Cynthia Nixon, a popular actor and activist, and, a very strong public school parent/activist is considering running. Will the Sanders voters support a political neophyte? Will the Working Families Party deny Cuomo an endorsement?

Will the teachers union remain on the sidelines?

In 2014 NYSUT, the NYS teachers union did not make an endorsement, and, a few Long Island locals endorsed Teachout in the primary. Yes, Cuomo leans toward charter schools; however, he provided the largest increase in state education dollars, shows no interest in reviving the reviled APPR test-scored based teacher evaluation plan and appears to be in sync with the Regents in implementing the 2015 Cuomo Commission recommendations.(Read here). NYSUT has a new leadership that has had a brief and fractious relationship with the governor, members don’t love him, on the other hand staying on the sidelines is like kissing your sister, satisfying for neither party.

Can any Democrat afford to “stay on the sidelines” or vote for a third party?

Yes, Cuomo tilts, or leans, or outright supports charter schools, can any democrat afford to not vote, perhaps to facilitate the election of a Republican?  Then again, Pataki, a Republican preceded Cuomo and served for three terms (twelve years). A current-day Republican governor would not only be pro charter, s/he would also be pro voucher, anti-tenure and also support sharp restrictions on increases in property taxes. Rationally, Democrats would appear to have no place to go but support Cuomo, voters are not rational. How many democrats voted for Jill Stein instead of Hillary?  Did the Stein voters tip the scales for Trump?

I know too many teachers who are lifelong democrats who simply say they cannot “pull the lever,” excuse me, “bubble in the box” for Cuomo.

Cuomo’s flirtation with Eva may end badly; yes. he may prevent charter dollars from flowing to an Republican opponent, on the other hand, he may have alienated many “irrational” democratic voters.

Brief affairs frequently don’t end well.

Read a lengthy article in Politico musing over the end of education reform in New York and the role of Cuomo here

Tick Tock: Mayoral Control Dangles by a Thread as the Legislature Enters Its Last Day: Can the Governor Be The Deal Maker?

Klein: ‘Hopeful’ For 2-Year Mayoral Control

By Nick Reisman

A two-year extension of mayoral control of New York City schools is under discussion, Independent Democratic Conference Leader Jeff Klein said at the end of a meeting with Gov. Andrew Cuomo and top legislative leaders.

“We’re hopeful we can do a two-year extender of mayoral,” he said after the meeting. “We’re hopeful. That’s not a deal.”

 

The state legislature will adjourn tomorrow, June 21st and the staffs of the governor, the speaker of the Assembly and the majority leader of the Senate will be up all night trying to cobble together the outstanding issues.

Why do issues wait until the last possible chance of agreement?

Politics is about gaining advantage, the Republicans “intimation” that Obama was not born in the nation, constant subtle racism, Bengazi, e-mails, etc.,  have nothing to do with policy, in fact, the only policy issue – “repeal and replace” of Obamacare, is turning out to be a major negative for Republicans.

The consistent attacks worked, a Republican president, although for the party insiders the wrong Republican and both houses of Congress.

In New York State linking mayoral control to charter schools has enabled the Senate Republicans to collect substantial campaign dollars from charter school supporters across the nation by forcing reluctant Democrats to support charter school issues in order to retain mayoral control.

This year the Democrats are taking a firm stance.

If mayoral control is not renewed New York City will revert to the prior management model – decentralization. A seven-member school board: one appointed by each of the five borough presidents and two by the mayor and 40 elected school boards, the elections would be held in May, 2018. (See decentralization law here). Virtually everyone, from the governor to both houses of the legislature to the editorial boards of the newspapers to the good government groups totally reject a return to the previous management model – decentralization.

The Democratic-controlled Assembly passed a two-year extension of mayoral control and in the same bill included tax extenders for a number of local communities, in Republican districts, that in prior years were routinely passed. and are non-controversial..

The Republican-controlled Senate introduced three bills all linking mayoral control to pro-charter school legislation.

The speaker of the Assembly, Carl Heastie, stated under no circumstances would mayoral control be linked to pro-charter school legislation: public posture – a stalemate.

On Tuesday, June 13th the Democrats in the Republican-controlled Senate introduced a  “Transparency and Accountability for Charter School Funding  Bill,”

This bill would provide enhanced transparency and accountability of charter schools in regards to enrollment targets, discipline policies,management and operation of the charter school, charter reserve funds,charter facilities rental aid payments, information disseminated to parents regarding probationary status, and residency dispute issues.

Read the entire bill here.

Governor Cuomo has made his position clear last week and was pessimistic in an interview 

ALBANY – Gov. Cuomo expressed pessimism that the expiring law giving Mayor de Blasio control over the city school system will be renewed before the state Legislature ends its annual session next week.

… he believes any solution should include a three-year extension of the law coupled with pro-charter school provisions …

The question is do they care enough to do it,” he said of the Assembly and Senate reaching a compromise agreement. “I would bet against it. They could have made this compromise a long time ago (during budget talks).”

Asked if he’s disturbed the governor seems to be siding with the Senate GOP rather than with his fellow Dems in the Assembly, Assembly Speaker Carl Heastie said: “same song, different day.”

If no law is passed the legislature goes home and the demise of mayoral control remains in the headlines. With minimal opposition Mayor de Blasio will be re-elected; the gubernatorial and legislative races aren’t until 2018.

A political aphorism: when you toss a rock into a pond of feces you never know who’ll get splashed.

The Republicans can simply walk away, allow mayor control to revert to decentralization, and absorb the criticism, and, if the New York City school system begins to disintegrate the Republicans can “get splashed.”

With all the state offices on the ballot in 2018 and Republicans holding a narrow one-seat majority is the risk too great?  The governor, as he has frequently done, can blame the catastrophe on the “dysfunctional legislature;” however, outside of New York City the Republicans had a majority, Cuomo needs a big majority in the city, and, the Democratic voters may look at the “splash stains” on his garments.

Or, a compromise, renew mayoral control, raise the New York City cap on charter schools and parts of the Charter School Transparency and Accountability in Funding bill (see above).

Or, a simple two year extension of mayoral control and come back to fight again in 2019.

The Assembly Dems, the Senate Repubs, the Senate Independent Democratic Conference (IDC) and the governor will each by vying to be the deal-maker

For my friends in Albany a late night and cold pizza

Mayoral Control and Charter Schools: Pawns on the Chessboard of Politics

Back in the eighties a major issue in Albany was the death penalty; Republicans and DINOs (Democrats in Name Only) supported a death penalty law opposed by progressive Democrats. After a few years a death penalty law passed in both houses and Governor Cuomo pere vetoed the bill; the legislature overrode the veto – New York State had a death penalty law.

A few years later a Republican operative bemoaned the passage, “It was stupid, we gave up a great election issue.”

Politics is about gaining advantage, the Republicans “intimation” that Obama was not born in the nation, constant subtle racism, Bengazi, e-mails, etc.,  have nothing to do with policy, in fact, the only policy issue – “repeal and replace” of Obamacare, is turning out to be a major negative for Republicans.

The consistent attacks worked, a Republican president, although for the party insiders the wrong Republican and both houses of Congress.

In New York State linking mayoral control to charter schools has enabled the Senate Republicans to collect substantial campaign dollars from charter school supporters across the nation by forcing reluctant Democrats to support charter school issues in order to retain mayoral control.

This year the Assembly Democrats taking a firm line.

Both houses of the state legislature, the Assembly and the Senate will adjourn on Wednesday, June 21st.

If mayoral control is not renewed New York City will revert to the prior management model – decentralization. A seven-member school board: one appointed by each of the five borough presidents and two by the mayor and 40 elected school boards, the elections would be held in May, 2018. (See decentralization law here). Virtually everyone, from the Governor to both houses of the legislature to the editorial boards of the newspapers to the good government groups totally reject a return to the previous management model – decentralization.

The legislature had three days to find common ground.

The Democratic-controlled Assembly passed a two-year extension of mayoral control and in the same bill included tax extenders for a number of local communities, in Republican districts, that in prior years were routinely passed and are non-controversial. If the tax extenders do not pass the communities would face serious fiscal hardships.

The Republican-controlled Senate introduced three bills, all linking mayoral control to pro-charter school legislation.

The Speaker of the Assembly, Carl Heastie, stated under no circumstances would mayoral control be linked to pro-charter school legislation.

On Tuesday, June 13th the Democrats in the Republican-controlled Senate introduced a  “Transparency and Accountability for Charter School Funding  bill,

This bill would provide enhanced transparency and accountability of charter schools in regards to enrollment targets, discipline policies,management and operation of the charter school, charter reserve funds,charter facilities rental aid payments, information disseminated to parents regarding probationary status, and residency dispute issues.

Read the entire bill here.

Governor has made his position clear, and, was pessimistic in an interview,

ALBANY – Gov. Cuomo expressed pessimism that the expiring law giving Mayor de Blasio control over the city school system will be renewed before the state Legislature ends its annual session next week.

… he believes any solution should include a three-year extension of the law coupled with pro-charter school provisions …

“The question is do they care enough to do it,” he said of the Assembly and Senate reaching a compromise agreement. “I would bet against it. They could have made this compromise a long time ago (during budget talks).”

Asked if he’s disturbed the governor seems to be siding with the Senate GOP rather than with his fellow Dems in the Assembly, Assembly Speaker Carl Heastie said: “same song, different day.”

If no law is passed the legislature goes home the demise of mayoral control remains in the headlines. With minimal opposition Mayor de Blasio will be re-elected; the gubernatorial and legislative races aren’t until 2018.

The Republicans can simply walk away, allow mayor control to revert to decentralization, and absorb the criticism.

The Democrats can hold the line – mayoral control is not linked to charter schools.

The Governor can attack, as he frequently does, in his words, the dysfunctional legislature.

Or, a compromise, renew mayoral control, raise the New York City cap on the number of charter schools and pass parts of the Charter School Transparency and Accountability in Funding bill, or, a compromise that makes no sense to anyone, except the legislature.

Pure crass politics, basic ideological beliefs and egos all clash.

In the calculus of politics who gains and who loses, who is the better chess player?

If no bill is passed the legislature can return later in the summer or after election day; however, special sessions are rare.

19th century German Chancellor Otto Von Bismarck is credited with saying: “The two things you don’t want to see made in person are sausages and laws.”

A wise man.