M c I n t y r e
Bryon J. McIntyre, Candidate Central District Buffalo School Board – May 3, 2016 Election a union District and any assertions that Teachers my positions Buffalo Public Schools vs. Buffalo Federal constitute union bashing or anti-union
Strategies for a BTF Contract - Candidate White Paper
Introduction One of the most important challenges I anticipate upon election to the Buffalo School Board is coming to terms with the Buffalo Teacher’s Federation on a new contract; a contract that is both fiscally sustainable and one that eliminates barriers to the enhancement of education to the district’s students. This brief white paper outlines three options that I will explore, as a member of the Buffalo School Board, to finally resolve the teacher contract issue. At the outset, it is important to know several things that contribute to my positions outlined here. First, I recognized the critical nexus between teachers and students and how important the relationship is to the academic growth of students. Buffalo teachers face many challenges arising out of the adverse consequences of high poverty, racial isolation and inconsistency in the district’s management. Next, I recognize and appreciate the BTF as a bargaining unit for teachers. I respect their mission and the tenacity to which they have protected the interests of their membership over the years. My family and I, owe a debt of gratitude to
a union and charges of my posturing or union bashing would be unfounded. Lastly, my positions are not aligned with efforts to ‘privatize’ or align the district’s schools with the so called ‘Reform Ed’ movement.
Simply, this white paper details initiatives to address the lingering and complex problems arising of negotiations with the teachers union. The educational needs of students, as guaranteed by law are what control my position---as has been the case for some 20 years of education advocacy. Candidate’s Proposals The proposals that follow will require experts to flush out the technical details. I would seek to form three separate task forces of experts from around the country to develop these proposals. Additionally, I recognize that cooperation with the legislative and executive branches of NYS government will be required to carry out aspects of these proposals. Change is hard…and I will fight for change. 1
1964, on the basis that such provision deprive minority students of federally guaranteed constitutional rights will be subject to the strictest scrutiny by the courts and likely rendered unconstitutional. Eliminate Provisions of Teachers Contract That Violate Civil Rights Act of 1964 Triggered by a complaint filed by parents and the District Parent Coordinating Council, in June, 2013 the school district entered into a voluntary agreement with the U.S. Department of Education, Office of Civil Rights stipulating to violations of the Civil Rights Act of 1964 and a pathway for full compliance with the law. Although much attention has been on how this resolution agreement impact admission procedures at the district’s criteria based schools, provisions of the resolution agreement are much broader. Importantly, the agreement also calls for a review of any “barrier” to minority students getting a sound basic education. Arguably, provisions of the teachers contract can be construed as ‘barriers’ within the meaning of the resolution agreement and, therefore a violation of the Civil Rights Act of 1964. Some examples include provisions that impact class size; provisions that impact length of school day; provisions that govern teacher assignments, etc. In all instances, education experts like Dr. Gary Orfield who recently examined the criteria-based schools admissions policies, would be needed to draw the connection between contract provisions and deprivation of rights afforded minority students. Importantly, any legal challenge to provisions of the teachers’ contract, or even NYS law, under the Civil Rights Act of
This country has a tarnished history in public education where federal law, federal resources, and acts of federal officials have been necessary to force local school districts to guarantee that every student has an equal and fair shot at a sound basic education. The teachers’ contract dispute in Buffalo, like the desegregation orders issued in Birmingham, Alabama some 50 plus years ago, very well may require intervention by a federal judge and a greater role by the U.S. Department of Education, Office of Civil Rights. How can anyone reasonably argue that provisions of the teachers’ contract should trump the constitutional rights of minority students, while even recognizing that the teachers have vested property interests in these contract provisions? Even allowing that NYS law has afforded the teachers certain rights as a public union. This option, as an elected School Board member, I, with the support of outside experts, will surely explore. The DPCC, along with a number of parent advocates, have positioned ourselves and our children to have standing to make this option viable. This option must be explored. 2
Enter Voluntary Controlled Bankruptcy
Retiree Medical Benefit Plans Shifted To Affordable Care Act
Retiree health care costs must be brought under control. The current trajectory of retiree health care costs is simply unsustainable, absent a dedicated source of funding from state or federal authorities. The district is now spending upwards of $70 million per year on retiree health care costs, while basic needs of students (like school bus aides) are not met. I proposed, based on recommendations of a task force of experts, that the district explore remanding all retirees to health care plans available by the Affordable Care Act and pay the consequential penalty. Arguable, this will be a huge cost savings for the district with virtually no substantial loss in care for retirees. I recognized the political difficulty of the proposal, and for many the idea, just the idea, of this proposal will hurt. The fiscal realities of the district are real and, as an elected Board member, I will realistically deal with the fiscal problems. Best estimates are that the district could have a net savings of some $40-50 million per year, immediately, and not be vulnerable to future escalating health care costs.
As a viable option, the district must explore with its’ state and federal partners, the possibility of a controlled bankruptcy in order to establish a position where new contracts, reflecting current economic conditions and trending in employee benefit packages, can be negotiated. This approached worked very well in the case of the controlled bankruptcy involving General Motors. Although, seemingly impossible on its’ face, this must be an option that is explored. I am ever so mindful, that myself as well as other parent advocates, almost 10 years ago began theoretical discussions about receivership powers being exercised in Buffalo. Three years ago, DPCC parent advocates started a public discussion about receivership. Today, as a function of NYS law, receivership powers exist within the district. A controlled bankruptcy, with even the possibility of such, can alter the negotiating positions of union and management and make a new contract a reality. Needs of Protected Class of Students versus Union Contract Provisions
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