MR. O'CONNELL COMES TO OAKLAND, PART ONE
Poor, bleeding Oakland. In addition to losing
its rights to run its own schools-two years and counting, now-it is now being blamed
in the media for school district actions over which it has absolutely no control.
In an otherwise excellent piece this week, San Francisco Chronicle columnist
Jon Carroll accuses the Oakland Unified School Board of concocting a scheme in which
OUSD teachers were required to meet with a "professional benefits counselor"
to provide documentation on the dependents listed in their OUSD health care benefit
files. The teachers were told in a memo that if they didn't show up to scheduled
interviews to provide the documentation, it would "result in your dependents'
coverage ending effective May 30." As was revealed in a Nannette Asimov Chronicle
article a week earlier, the "professional benefits counselors" turned out
to be insurance brokers, who spent most of the time with the teachers trying to sell
them life insurance. In other words it was a coercive scam put together by the district
to lure teachers in under false pretenses, which Mr. Carroll loudly and properly
condemns. However, he gets the instigator wrong.
"See the respect shown to teachers by the school board!" Mr. Carroll writes.
He goes on to mention the school board three times in his column, noting that in
conflicts between teachers and school boards, "I tend to favor teachers."
Problem is, as in any other action taken by the Oakland Unified School District in
the last two years, the school board had no say in the matter. The Oakland schools
were taken out of the hands of Oakland voters by the State of California two years
ago after the Oakland school board and former Oakland Superintendent Dennis Chaconas
discovered that they had a massive budget shortfall due to a teacher pay raise which
they later found they couldn't afford (it's hard to get an exact amount on the shortfall;
the general figure seems to be between $40 million and $50 million). The Oakland
schools are now being run by California Superintendent of Public Instruction Jack
O'Connell through his state-appointed administrator, Randolph Ward.
I know this is old news to many, but if a Chronicle columnist doesn't know
that Oakland ain't running its own schools, I wonder how many other folks are ignorant
of that fact.
Anyways, last week-almost two years after the state legislature passed SB39 (authored
by State Senator Don Perata) authorizing the school takeover-State Superintendent
O'Connell returned to a town hall meeting at Oakland Technical High School supposedly
to tell Oaklanders how we could get our schools back. Forgive me for going into some
detail, here, but pay attention, children, this is one where you've got to read the
fine print in order to understand how this game is being played.
SB39 declared a fiscal emergency in the Oakland schools, and found that it was "necessary
that the Superintendent of Public Instruction assume control of the district in order
to ensure the return to the district of fiscal solvency." The Oakland school
board was to remain in place, but only as an advisory group, with no powers to make
decisions or set policy.
The takeover legislation also provided that the state superintendent-through his
hired administrator-had to provide a decent education for Oakland children, but also
noted that this was only to advance along the lines of gains already being made in
the district prior to the takeover. "The Oakland Unified School District has
made demonstrable academic improvements over the last few years, witnessed by test
score improvements, more fully credentialed teachers in Oakland classrooms, and increased
parental and community involvement," SB39 read.
And to make sure we understood that they were serious that Oakland had been on the
road to educational recovery prior to the takeover, the legislature also noted in
SB39 that "To the extent allowed by district finances, it is the intent of the
Legislature that the [revised education program to be implemented by the state superintendent
and his administrator] shall maintain the core educational reforms that have led
to districtwide improvement of academic achievement, including, but not limited to,
educational reforms targeting underperforming schools, new small schools, and other
reforms that have demonstrated measurable success."
So in other words, Oakland hadn't mishandled the education of our children. We had
overspent our budget in trying to provide quality education, is all. That's an important
point to keep in mind while examining the question of under what circumstances Oakland
will be able to get its schools back.
Moving on. In return for taking over the schools, the State of California gave the
Oakland Unified School District a $100 million line of credit in order to meet its
May, 2003 payroll and keep from going bankrupt.
How much of that line of credit has actually been drawn on, and why, is a(n interesting)
subject for another time.
Anyways, many observers were under the impression Oakland could only get its schools
back when the line of credit was paid off. Actually, that's not true. We can get
them back before that, but under certain conditions. SB39 provides a multi-part recovery
process in which 1) the state-financed, semi-autonomous Fiscal Crisis Management
Assistance Team (FCMAT) must come up with an improvement plan for the Oakland schools,
2) the state superintendent and the state-appointed administrator must come up with
a "multi-year financial recovery plan," 3) the state-appointed administrator
must negotiate collective bargaining agreements with the respective school unions
"consistent with the terms of the improvement plan," and 4) both the state-appointed
administrator, the state superintendent, and FCMAT must agree that future compliance
by the Oakland Unified School District with the improvement plan … and the multi-year
financial recovery plan … is probable."
If all of these conditions occur, SB39 concludes sunnily, "the governing board
of the Oakland Unified School District shall regain al of its rights, duties, and
powers."
Careful readers will quickly note the "oddity" in this law: the Oakland
schools will be run by the state superintendent and his administrator until the state
superintendent and his administrator decide that they-the state superintendent and
his administrator-are running the Oakland schools properly. As soon as the state
superintendent and his administrator come to that conclusion, the Oakland schools
will be turned back over to Oakland, presumably under the theory that this process
will prove that Oaklanders can run our own schools. It's like a thief-is that too
harsh a term? let's just say a "friendly" neighbor-promising to give you
back your new car as soon as he learns how to drive it, giving you the reason that
he's only trying to ensure that you'll be able to drive it yourself.
If you think I'm making all of this up, friends, or misinterpreting the law somehow,
look it up for yourself and draw your own conclusions.
Last week, two years after the state takeover, State Superintendent O'Connell and
state administrator Ward released a 107-page Multi-Year Fiscal Recovery Plan called
for in SB39 and Section 41327 of the state Education Code, and that was the purpose
for the town hall meeting at Oakland Tech.
Thoughts on what happened at that meeting will have to wait until next week's column.
Meanwhile Oakland, poor Oakland, continues to bleed, while taking the blame for others'
actions.