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Chelsea Teachers Challenge BU Takeover of Schools

Chelsea teachers and administrators are still wrangling over their school committee's decision last week to let Boston University run its troubled school system.

The committee's five-to-two vote made a contract with BU a near certainty. The contract would put into effect a 10-year plan under which the university would revamp Chelsea's decrepit schools.

The decision would mark the first time a private entitity has taken over management of a public school system, and Chelsea teachers say it may be unconstitutional to do so.

The chief source of opposition to the BU plan is the Chelsea Teachers' Union, an affiliate of the American Federation of Teachers. The 350 Chelsea teachers, who have been without a contract since last June, object in particular to BU's request for exemption from public meeting and records laws that govern all school committees.

"Not only will the taxpayer be cut out of the loop by allowing a non-elected body to control public funds, but our teachers' rights are being diminished as well," said Chelsea Teachers' Union President Donald Menzies.

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"Under the BU plan, a teacher in danger of dismissal is only entitled to a hearing held by the University--contrary to state law, which requires a two-thirds vote of the school committee as well," he said.

But Chelsea School Committee Chair Bruce Robinson said "BU's offer is the only avenue left for our school system to take. This plan offers new hope to our children, so I certainly hope it becomes a reality."

"The final details and wordage of the contract still needs to be worked out," said Robinson. "In the next couple of weeks a formal vote will be taken and I expect it to pass."

Two weeks ago, the Union requested a preliminary injunction barring the school committee vote, claiming the takeover would be unconstitutional.

Suffolk County Supreme Court Judge Walter Steele said the plan did appear "facially" to be unconstitutional and asked all groups involved to get a constitutional opinion before proceeding any further. School committee and BU lawyers refused, causing the teachers' union to continue their legal action.

At that point, Steele denied the request for an injunction and allowed the committee to proceed with its November 30 vote. He said it was only a preliminary step in a process that would eventually place the plan before Chelsea's Board of Aldermen as well as the State Legislature.

"Imagine giving a car dealer money for a car and having him tell you to come back in two weeks to see what you've bought," said Menzies. "That's what the idea of a preliminary vote essentially is."

Since the injunction was overturned because it was premature," he said the union plans to take further legal action if the final BU plan is approved by the school committee on December 22.

Menzies cited more than 10 programs of the American Federation of Teachers that are "effective, exciting educational reform programs that do not require school committees to give up one iota of responsibility."

"In fact," Menzies said, "we proposed such a plan to the school committee in February, four months before the BU plan was officially announced. The committee decided to wait for BU."

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