Challenging Receivership

The Buffalo Teachers' Federation is standing up to Commissioner Elia and her Crony – Superintendent Kriner Kash – about the receivership law. And I hope that they win.

Receivership is a state law that puts schools that have low test scores and low graduation rates into a two year improvement plan. If they fail to increase their tests cores and graduation rates in two years, the school can be put under private (and potentially for profit) control.

The challenge is based on several laws and issues that may lead the teachers to victory.

First: It violates the Taylor Law and Triborough Amendment that guarantees workers right to bargaining contracts. The law appears to violate the teachers' right to collectively bargain their contract. Under receivership Elia can impose changes to the contract without worker approval.

Second: If the school is put into receivership, the receiver can change the contract without worker approval. This is a violation of the law as well.

These alone will probably sink the law.

However – there is more wood to add to this bonfire

Third: The tests have been shown to be unreliable. Since 2001 the tests have changed several times and are undergoing more changes this year. With the constant changes in the tests and, on top of that, tests that have been shown to be poorly constructed (see the Pineapple question and many others that have been thrown out) how can anyone state what a student's level of achievement is?

Fourth: The No Child Left Behind Act has expired. How can teachers and schools be punished for a law that is no longer on the books?

If they succeed (and I hope that they do) this will be a major victory for students, teachers, and taxpayers everywhere.

This could mean the end of standardized testing because if this challenge succeeds in NY, it could be used in other states to overturn testing.

With the tests gone, teachers can actually focus on teaching students what they really know in order to succeed in the world. (For what it's worth – The Communist Manifesto is on the NYS ELA reading list. Can you picture thousands of students reading that and asking why we don't have the Manifesto's demands? That could push Bernie Sanders to the left. And even the Green Party.)

With the tests gone, schools will actually have money to hire teachers, aides, and supplies for classes.

With the tests gone, taxpayers will no longer be subsidizing private testing companies. Their money will actually be going to improving their own children's lives.

This is a victory waiting to happen.

We need to stand strong beside the BTF and support them in their case against receivership.

This will be a victory for everyone across NYS.

Stand Strong with the BTF!

Stand against Receivership!

Stand for Education!