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Over Ruled

New York Sun Staff Editorial
The New York Sun, December 1, 2004

Common Good's Over Ruled study has sparked an important discussion on the role of law in public schools. A New York Sun editorial argues:

A court-appointed panel yesterday swung behind the notion that the problem with the public schools in New York City is a lack of money, calling for the state to pitch in another $5.63 billion a year to New York City's public school system, which is already spending more than $12 billion a year. ...

It turns out that some of the problems that the school system faces are not financial ones, but legal and structural ones.

This was brought into relief this week by a legal-reform organization called Common Good, which issued a report called "Over Ruled: The Burden of Law on America's Public Schools." Pages One and Three of yesterday's New York Sun featured a flow chart from the report illuminating in unforgettable detail how difficult it is for a principal in a New York City public school to suspend a disruptive student.

Firing a teacher is similarly difficult. The process involves 83 different steps and legal considerations, which can occupy even the most resolute principal for more than a year. Even initiating the process--by placing a note in the teacher's file--requires our hapless educator to go through 32 initial steps. ...

We doubt that any educator has actually read all the laws and regulations that govern New York's schools: 846 pages of the state education law, 720 pages of regulations issued by the state commissioner, 15,062 formal decisions--contained in 43 volumes--by the New York State Commissioner of Education. Not to mention federal laws and the various relevant collective-bargaining agreements and consent decrees. ...

[The state legislature should] revisit some of the rules that are strangling schools.

Read the full New York Sun editorial. (Subscription required).

Read more about the project, including Common Good's press release.

Visit our Over Ruled page now.