Sep 21, 2006 4:31 PM
The Bush administration has shown time and time again that it believes it has the unfettered powers of an imperial presidency. From its handling of prisoners in the war on terror, to its abrogation of the civil liberties of citizens by monitoring phone conversations and phone records, its style has been to present the country with a fait accompli, claiming powers it never had and hoping it wouldn’t get caught.
The administration has been at it again, this time in the world of education, quietly trying to push its anti-union agenda. In what can only be viewed as a blatant attack on organized labor, the U.S. Department of Education, in defiance of federal law, recently revised its guidelines for local school districts in implementing the No Child Left Behind education law to state that NCLB can override school district collective-bargaining agreements.
That’s completely untrue. In fact, section 1116(d) of NCLB states:
“Nothing in this section shall be construed to alter or otherwise affect the rights, remedies and procedures afforded school or school district employees under Federal, State or local laws (including applicable regulations or court orders) or under the terms of collective-bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers.”
This is not the first time the Bush people have tried an end-run around NCLB. In 2002 the U.S. Department of Education issued a draft regulation that tried to countermand the law. AFT President Sandra Feldman and others were able to convince then-secretary Rod Paige to retract it.
With the newly revised “guidance,” the administration is again attempting an end-run. The new policy, which does not carry the authority of law or regulation, is legally indefensible and educationally counterproductive. Research and experience show that positive reforms are best fostered by a mutually respectful relationship between organized educators and districts.
The AFT has urged the education department to withdraw this section of the “guidance.” It is also working with its allies on Capitol Hill and in the labor and education communities to eliminate the new language. The UFT and its national affiliate will use whatever legal means and lobbying resources are necessary to ensure that collective-bargaining agreements are honored.
This is just the latest in the Bush administration’s style of governing: using a pretext to curtail individuals’ voice and rights. It is just one more reason why it’s imperative that progressives win back the Congress this November to provide some real checks and balances, a brake on this runaway administration.