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February 14, 2002
The Honorable Anna C. Verna
City Council President
Room 405, City Hall
Philadelphia, PA 19107
Dear President Verna:
As Council prepares to vote today on Bill Nos. 010617 and 010666, as amended, I write
to share my thoughts about the legality and effect of these proposed ordinances.
Let me say first, as local Secretary of Education Debra Kahn testified on behalf of my Administration on January 30, I understand that the intent of these bills is to provide City Council and parents with a meaningful say in the future direction of public education in our City. Together, we recognize and respect the profound stake that parents have in their children's schools and believe that their voices should be heard in important matters, including decisions about engaging private entities to manage schools. The fact is, however, that the legislation under consideration would neither expand Council's authority over the operation of public education, nor guarantee a role for parents in the decision-making process.
The City Solicitor has written an opinion on these amended bills, which I am enclosing for your review. He concludes that because the bills go beyond Council's powers of appropriation and taxation to impose restrictions and regulations on the executive branch and the School Reform Commission (SRC), they are unenforceable.
In addition to the legal problems with these ordinances, however, I am concerned that they create confusion and misperceptions about the new City-State governing partnership for the School District. While the transition is underway, there is understandably a good deal of anxiety about what is to come. Some of this uncertainty is inevitable as the SRC is undertaking a tremendous amount of new work and not every question has an answer yet. But as public officials, I believe that we have a responsibility to provide accurate information and avoid misrepresentations and misleading actions.
For exampl...
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