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D.C. Council Set for 'Big Risk' on Fenty's Takeover Proposal

By Nikita Stewart and David Nakamura
Washington Post Staff Writers
Sunday, March 4, 2007

The D.C. Council is prepared to authorize placing the District's public education system under the control of Mayor Adrian M. Fenty as early as next month, but members acknowledge some public opposition and describe the takeover as one of the biggest gambles the city will have taken.

"It's a big risk," said council Chairman Vincent C. Gray (D). "This is probably the toughest issue we'll face." He said it is not clear that mayoral control will guarantee improvements in school performance.

Although the council is expected to craft several amendments to the takeover proposal this month, including one that could require the mayor to show improvements in the failing system within a certain period, Gray indicated Fenty (D) will probably win an easy majority when the council votes.

"If you think you are going to be successful, put it on the line," Gray said. "My thought is to give him five years."

As a result, members are discussing addition of a "sunset provision," which would allow the council to withdraw mayoral control of the schools or authorize a referendum on the issue.

Gray plans to schedule a vote on the plan for next month, and Fenty could take control of the 55,000-student system, charter schools attended by 19,700 students and the University of the District of Columbia by summer.

The council began formal consideration of the takeover proposal after more than 60 hours of public hearings and testimony from at least 300 witnesses. The council heard students complain about the crumbling school buildings and education specialists describe successes and problems in cities where mayors have taken over the public schools.

Mayoral aides said Fenty is open to minor amendments to his legislation but is adamant that the council maintain the core tenets of his bill. In particular, he opposes the sunset provision, saying it is unnecessary because the council would be free to change the governance structure at any time through regular legislation.

Under the bill, the school board would be stripped of its authority over the school superintendent and budget. However, the board would continue to have input on predominantly educational functions usually handled by state boards, such as teacher certification and standardized testing.

Another proposed amendment would allow the Board of Education to retain some administrative powers, such as the right to hire the chief state education officer and a school ombudsman.

Robert C. Bobb, the president of the Board of Education, said some proposed amendments were a "step in the right direction," but he questioned the five-year timetable described by Gray.

"The pace of reforming this urban system is going to take longer than five years," Bobb said.

The Board of Education has proposed a separate plan for running the schools, but Gray said he would not consider it as long as Fenty's plan is on the table.

Opponents say Fenty and the council are rushing the plan without a referendum and while two council seats are vacant. Gray and Fenty left the council in January when they assumed their current positions. Gray represented Ward 7 and Fenty represented Ward 4.

Gray rejects calls by some critics to postpone the vote until after the May 1 special election to fill the unexpired terms so a full 13-member council could vote on the proposal. "You can't stop the government. You can't stop the process," he said.

In any case, Gray said, most council members want a change in the status quo of the school system.

An independent audit of the D.C. government released in January found that the system has poorly managed contracts, Medicaid services, payroll and federal grants, putting the city's credit rating at risk.

On Tuesday, the council held an oversight hearing of the superintendent's office and the Board of Education. Council members expressed disappointment in the performance of Superintendent Clifford B. Janey and other school officials.

Council member Tommy Wells (D-Ward 6), who was a school board member until he took his council post in January, said, "Janey has a good plan to improve academic achievement . . . but there is growing concern about his team's ability to improve and operate the business systems that are needed to support educational reform."

Gray said he hoped that critics would be satisfied by amendments to Fenty's 48-page proposal.

Opponents include Council 20 of the American Federation of State, County and Municipal Employees -- the largest union representing city employees, with 8,000 members. The union issued a position paper last week that calls for a "consensus plan."

"We do not believe the mayor's Lone Ranger approach ('Put it on my shoulders') will work, not without other pressing needs being neglected," according to a news release issued by the union.

Although the Washington Teachers' Union endorsed the plan last week, some members said they were not given the chance to vote on it. The union's executive board -- 24 members who are elected citywide by union members -- voted to endorse Fenty's proposal, he said. Nathan A. Saunders, general vice president, said the vote was taken after 62 percent of members surveyed said they favored Fenty's proposal.

Gray said he plans to meet with all council members individually to discuss their views on the amendments. He said some council members want to impose a deadline on Fenty's plan. In New York, Mayor Michael R. Bloomberg (R) was given eight years to improve schools. In Cleveland and Boston, the mayoral takeovers were put before voters after the efforts were underway.

Gray said his idea of a five-year deadline is designed to separate the issue from the mayor's four-year term and reelection bid. "I really don't want to politicize it," he said.

But Mary Cheh (D-Ward 3) said she has doubts about the sunset provision because the council would have to decide what to do next. "Do we go back to what we have?" she said. "My instinct tells me it's problematic."

Staff writer Theola Labbé contributed to this report.

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