'No Child' Law Could Overrule Union Contracts

By HOWARD MEGDAL

The American Federation of Teachers has asked U.S. Secretary of Education Margaret Spellings to revise guidelines to the No Child Left Behind Act stipulating that the law's provisions could override union contracts.

The guidelines state that schools "must comply with any statutory requirements, notwithstanding any terms and conditions of collective bargaining agreements."

AFT: Legally Suspect

In response, the AFT's Legislation Department director, Kristen W. Cowan, said in a letter to Ms. Spellings, "The new guidance raises a host of legal and constitutional difficulties because it attempts to impose a retroactive application, it impinges on the sovereign power of states guaranteed by a Federal form of government to construct their relationship with their employees, and it impinges on the associated rights of school employees."

More than a month after Ms. Cowan's letter, the department has not replied, according to Beth Antunez, the AFT's Assistant Director of Educational Issues.

"What this refers to [is] No Child Left Behind," Ms. Antunez said in a Sept. 27 phone interview. "The longer we have No Child Left Behind, the more schools are likely to be affected by it. So we want this cleared up."

A spokeswoman for the department did not return a call seeking comment.

'A Little Pro-Active'

While she said the AFT had yet to hear much from membership about this change, she said the union had decided to be "a little pro-active, letting them know they should be aware of it."

While praising the overall goal of the guidelines to "clarify much of the law, four years later," she added that many changes needed to be put into place.

"We have recommendations for how the law can be improved. Instead of punishing these struggling schools, they need a lot of help."