Governor Acts on NAGE Recommendations, Reverses Position on Two Agencies
March 10, 2010
Governor Deval Patrick has reversed his position on proposed changes to the Civil Service Commission and the Bureau of Special Education Appeals after NAGE Legislative Director Ray McGrath and NAGE leaders urged him to reconsider his original proposals.
“Having the administration take this advice to heart and revise its Article 87 proposal is a major victory, not just for our members but for the people of the Commonwealth,” said McGrath of the governor’s reorganization proposal, which was filed under Article 87 of the state constitution. “We should be proud to have played a big role in this legislation, and grateful to the governor for doing the right thing in this instance.”
In January, the governor filed a bill citing Article 87 of the state constitution, which concerns reorganization of the executive branch of state government. One provision of the bill would have reconfigured the five-member full-time Civil Service Commission into two full-time members and three volunteer members. At a February 24 hearing before the legislature’s Joint Committee on State Administration, McGrath urged the committee to oppose the civil service cuts, telling them that the cutback would severely limit the commission’s production quality and quantity. NAGE Attorney Michael Manning offered the committee testimony on the commission’s history and current operations to help them understand further the negative impact of the proposed cutback.
Another component of the bill would have merged the Bureau of Special Education Appeals into the Commonwealth’s Division of Administrative Law Appeals. The BSEA is empowered to try to resolve disputes among parents, school districts, private schools and state agencies concerning eligibility, evaluation, placement, individualized education programs, special education services, and procedural protections for students with disabilities.
“The conflicts that come before the BSEA for resolution involve vulnerable students and schools trying to meet their needs,” said Theresa McGoldrick, president of NAGE Local 207, who also testified at the February 24 hearing on behalf of her members in the BSEA. “Handling these cases requires the extensive experience and expertise that only BSEA hearing officers can offer.”
As a result of NAGE expert testimony, Governor Patrick submitted a revised reorganization plan to the legislature and asked legislators to disregard the earlier bill. Under the new Article 87 proposal, the Civil Service Commission will remain in its current form. The provision moving the BSEA into the DALA was also eliminated; NAGE is now working with legislators on a bill that would allow the transfer, but will mandate that educational hearings be conducted only by experienced, expert BSEA hearing officers.
"In view of the public comments that we and the Legislature have received, we are deferring our proposals to restructure the CSC and to move the BSEA into DALA. We will continue to discuss these proposals,” Governor Patrick said in a letter to lawmakers. The legislative committee has already released the bill with a favorable report.
“I’m so pleased that the governor worked with us to submit a new Article 87 bill and that we have a strong opportunity to protect the functions of the BSEA, as well,” said McGoldrick. “This new plan for transfer will protect the children and the schools of the Commonwealth, who need prompt, expert legal decisions from the BSEA.”