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30 failing schools may face takeover

State would skirt teacher contracts Patrick readies bill as part of overhaul

By James Vaznis, Globe Staff  |  July 2, 2009

The Patrick administration, in a sharp deviation from previous state policy, will seek legislative approval to take over about 30 of the state's worst schools and dramatically weaken their teacher contracts, as part of the governor's effort to overhaul public education.

The move took superintendents, school committees, and teachers by surprise because the state has long been hesitant to usurp local control, a tradition that dates back to Colonial times. State education leaders have preferred to work with local leaders and have allowed them to take the lead in developing and executing turnaround plans.

Glenn Koocher, executive director of the Massachusetts Association of School Committees, said the changes, which would require legislative approval, represent the "most extraordinary extension of power in state education history.''

But Secretary of Education Paul Reville said the state needs to be more aggressive, as many of the state's worst schools continue to flounder. He did not disclose which schools are being targeted, but said there are about 30, mostly in urban areas.

"We have not moved quickly enough to turn around underperforming schools,'' Reville said. "For each year that goes by where students are not learning at the rate and pace they should be, that's a tragic loss for students, parents, and the state.''

The governor plans to file legislation this month to enact the changes, Reville said. Reville has been discussing the proposal with some legislators, professional groups, and other stakeholders in recent weeks.

The state has threatened schools with takeovers in the past, but has never followed through. Reville said Massachusetts law allows state officials to take over entire districts, a strategy used at least once, but is ambiguous about the takeover of individual schools. While the federal No Child Left Behind Act authorizes states to seize control of failing schools, it remains unclear whether that trumps state law.

Patrick's legislation would change state law to allow the state commissioner to waive portions of union contracts at these schools, eliminating provisions that state officials say could block the school's turnaround.

Leaders for the state's two largest teacher unions, the Massachusetts Teachers Association and the American Federation of Teachers Massachusetts, said it was difficult to comment without knowing the specifics of the final legislation, but expressed concern about limiting contract provisions.

"I don't believe teachers being unionized and having a collective agreement interferes with achievement of students in this state,'' said Thomas Gosnell, president of the Teachers Federation, adding that Massachusetts routinely posts high scores on standardized tests despite a robust union presence in schools.

Patrick is launching the unusual effort as he attempts to secure additional federal stimulus dollars to jump-start his public education overhaul, which he unveiled with fanfare two years ago only to see it stall as the recession forced the state to slash spending. President Obama is making available billions of dollars to states pursuing education innovation.

Reville considers the new powers necessary to achieve the governor's proposal for so-called readiness schools, a signature element of his overhaul proposal, designed to promote a new way of teaching and learning. As originally described by the administration, these schools would be similar to charter schools, but would be overseen by the district rather than the state and would have union teachers.

When more details of the proposal were unveiled this week, education leaders announced that the readiness schools could be created in three different ways: The district could establish one through the conversion of an existing school or start one from scratch; the district could join with a university to create one; or, in the most dire situations, the state could take over an underperforming school.

Under the last scenario, Mitchell Chester, the state commissioner of elementary and secondary education, could make critical changes in school leadership, curriculum, school hours, or teacher contracts and then return the institution to the district to run as prescribed. Or the commissioner could hire an outside operator, such as a successful charter school, to oversee the school.

Reville emphasized that the state would not be privatizing a school by having an outsider running it.

"The school is still part of the district,'' Reville said. "The district just loses a measure of control.''

Using readiness schools as a tool for a state takeover goes further than Patrick originally outlined last year, when releasing a detailed report on his education overhaul effort. In cases of extreme, chronic underperformance, the report said the state might require a local district to create a readiness school by using an outside group with a proven record of success with similar children. It did not say that the state could step in and seize control of a school.

The sharper language reflects the urgency the state faces in fixing these schools, officials said. Over the last year, Chester said, he has visited some failing schools where teacher unions have refused to approve changes in class schedules that would have benefited students. In a few other cases, he said, he has observed superintendents or school committees unwilling to make radical changes, either because of a lack of political courage or misguided loyalty to the school's leaders or staff.

"It's unacceptable that changes that would benefit children would be road-blocked by adults,'' Chester said.

In Boston, which has some of the state's worst schools, Mayor Thomas M. Menino pitched an idea last month that was similar to the Patrick administration's, except that it would not involve a state takeover of the city's failing schools. Instead, Menino proposed converting the worst schools into district-run charter schools that would be overseen by the mayorally appointed School Committee and would initially be free of teacher unions.

Dot Joyce, a Menino spokeswoman, declined to comment yesterday on the state proposal.

The legislation for the readiness schools will be accompanied by another bill that is expected to generate considerable debate: It proposes raising the maximum number of charter schools that are allowed to operate in some of the state's worst districts. The Obama administration has threatened to withhold federal stimulus dollars for innovation from states that restrict the proliferation of charters.