Spitzer’s School Choice

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The New York Sun

In New York State, school choice and other educational reform issues have been more closely identified with top state Republicans than with Democrats. One prominent example was the adoption of the state’s charter school law, which was rammed through by Republican Governor Pataki over widespread Democratic opposition in December 1998.

The teachers unions contribute substantial sums to incumbents on both sides of the political aisle in the state Legislature, but in contested statewide races, they are among the Democratic Party’s staunchest allies. That’s one reason that Hillary Clinton announced her initial candidacy for the Senate at the headquarters of the United Federation of Teachers, New York City’s teachers union. That’s also why statewide Democratic candidates for office typically offer no ideas that run counter to those held by union bosses.

Given this history, one might reasonably suppose that the likely Democratic takeover of the governor’s office might not be good news for those who favor school choice or major educational reforms. A few early signs, however, suggest that Eliot Spitzer, if elected, may break this partisan mold.

Over the past year, Mr. Spitzer has been speaking much more boldly about education reform than any other major figure in his party. Mr. Spitzer favors raising the existing cap on the number of charter schools (currently frozen at 100), supports an education tax credit to help defray expenditures for tuition and other education-related expenses, and has talked about linking a settlement of the Court of Appeals decision in the Campaign for Fiscal Equity case with reforms that change how education is delivered in the state. (In Mr. Spitzer’s words: “If we don’t pair the resolution of this litigation with an effort to change the delivery system, then we will have missed an opportunity.”)

The federal No Child Left Behind Act, by increasing the focus on test results and accountability, has made the disappointing performance of New York’s urban schools more and more difficult to defend. No serious person any longer argues with the central premise that the current educational system in New York is broken.

With the worst test scores concentrated in the state’s urban areas, political support for the status quo, especially among minority legislators, is evaporating. In Albany, Buffalo, Syracuse, Rochester, and New York City, 80% or more of African-American and Hispanic students are failing in math and reading by the end of eighth-grade. Influential state legislators such as the Senate Democratic leader, David Paterson (now Mr. Spitzer’s running mate), and Senator Malcolm Smith, Mr. Paterson’s announced replacement as Senate Democratic leader, have embraced charter schools and other educational reforms.

And although the teachers unions are indeed politically powerful, they are no longer the dominant force they once were. In 1991, three mayoral candidates in a row backed by the United Federation of Teachers ended up losing. Earlier this year, Mr. Spitzer launched an investigation into the state teachers union for recommending high cost mutual funds to its members, while hiding that it was getting paid millions of dollars on the side by the investment firm that stood to benefit. A few years earlier, it would have been unthinkable that such a powerful union would be investigated and fined.

Any new governor wants to make a mark on a signature issue. Mr. Spitzer, frankly, has few major policy areas other than education in which to make a splash. Mr. Pataki already has cut taxes more than any Democrat will, substantially reduced welfare rolls, restored the death penalty (albeit only to be stricken by the courts), cut violent crime in half, and done much for the environment. Aside from restoring some semblance of ethics in government, the two big issues remaining are health care and education reform. Given the state’s finances, Mr. Spitzer cannot afford to tackle both.

So, what might Mr. Spitzer actually do if he chooses to make education his signature issue? He already has dropped a few hints.

In summer 2006, Mr. Spitzer explained to the Daily News editorial board that he favored pairing the settlement of the Campaign for Fiscal Equity case, which calls for spending as much as $5.6 billion more annually in public education aid, with a series of dramatic educational reforms that include increasing the number of charter schools allowed, giving principals more authority over how their schools are run, establishing universal pre-K and early literacy programs, giving teachers salary incentives to teach in low-performing schools, and establishing a pay-for-performance system of compensation for teachers.

On his campaign Web site, Mr. Spitzer also endorses making the union work rules for teachers more flexible, making the school day longer, and establishing programs to produce strong, effective principals. Further, Mr. Spitzer likely will push an education tax credit for low- and middle-income families, and an increase in direct assistance to private schools, where this is constitutionally permissible, both of which he has endorsed in the past.

There are even more opportunities to fix what is broken. Mr. Spitzer could press for tax credits for individuals and corporations that donate to scholarship funds, make K-12 tuition expenses tax deductible, and allow state building-aid for charter schools. Mr. Spitzer also could stipulate that 100% of any additional Campaign for Fiscal Equity dollars go only to schools that embrace the key features crucial to high academic performance (principal autonomy, performance-based compensation, longer school days and years, and work-rule flexibility, to name a few).

Lastly, Mr. Spitzer could reject the ongoing behind-the-scenes attempt by the United Federation of Teachers to tilt the playing field in its direction by robbing charter-school teachers of the right to a secret ballot in union elections (called “card check”), or by creating an unfair legal presumption that charter-school leaders ares “guilty until proven innocent” if they dismiss a bad teacher while a unionization effort is underway.

In his campaign, Mr. Spitzer has promised “Day One: Everything Changes.” Ignoring the special interests and doing what is needed to fix New York’s schools are great places to start.

Mr. Carroll is president of the Foundation for Education Reform and Accountability and founder and chairman of the Brighter Choice Charter School for Girls and the Brighter Choice Charter School for Boys.


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