The appointment of the new New York City schools chancellor, Cathie Black, just got a whole lot more interesting this week. Ms. Black, appointed last week by Mayor Michael Bloomberg to succeed Joel Klein, must receive a waiver from state education commissioner, David Steiner, before she can assume the office since she lacks a superintendent's certificate--and the graduate coursework and teaching requirements that go with it--that is required to hold the job.

Just about everyone in the education community was surprised to hear of Chancellor Klein's departure. Even more surprising was that the Mayor already had his replacement chosen. This element of surprise was the result of no interview process with multiple candidates, nor any advance discussion with key political players that, in fact, have a significant stake in who serves as the New York City schools chancellor.

Key State Legislators Express Concerns
Now key members of the state legislature, specifically from the Black, Puerto Rican, Hispanic and Asian caucus, are weighing in with big-time reservations about Ms. Black. In a letter to Commissioner Steiner, more than a dozen legislators, led by Brooklyn Assemblyman Hakeem Jeffries, a rising star in the legislature (pictured above), stated that "Ms. Black has no education credentials, training or experience." Instead, they write, she is a "media mogul." (For the curious, Webster's defines "mogul" as "a very powerful or important person;" in this letter's context, it does not come off as a compliment.)

Never big fans of mayoral control, the legislators' letter also reveals the long-standing tension with Mayor Bloomberg; in this case, the absence of a "public search" or "consultation with any members of [the caucus]" on the new chancellor. Impressively, the caucus members' letter ties the chancellor's appointment and her lack of education background to the needs of children in the communities represented by the legislators. For example, the challenges confronting the next chancellor, the letter states, include addressing "abysmally low" graduation rates among black and Latino males, and the "staggering" achievement gap between black and Latino students and white students.

What's an Ed. Commissioner To Do?
Commissioner Steiner is now faced with the biggest decision of his 13-month tenure. His determination to grant a waiver necessary for Cathie Black's appointment must not only weigh substantive issues of education credentials versus leadership/management qualities (Ms. Black clearly possesses the latter), but its enormous political sensitivity. Twelve of 14 signatories of the letter are members of the Assembly majority who effectively appoint Mr. Steiner's boss, the members of the state Board of Regents; and who constitute a powerful bloc within the majority whose votes will be needed by Speaker Sheldon Silver to enact inevitable budget cuts likely to be demanded next year by Gov. Andrew Cuomo.

Commissioner Steiner provided a quick letter in response to the legislators' letter, which mundanely recited the waiver process in education law. That's all he can do for the time being. Whichever way the commissioner decides, nothing final will occur without the blessing of Regents Chancellor, Merryl Tisch, who herself is very politically sensitive and savvy. That means this all comes back to Assembly Speaker Silver.

If Ms. Black is ultimately granted the waiver by the commissioner, the concerns raised by the Black, Puerto Rican, Hispanic and Asian legislative caucus will have to be addressed in a tangible way. They clearly object to her appointment, and the way it unfolded. They will need to be assured and convinced that she is a good fit, and that she will be responsive to their communities in a substantive way during the next three years.

Ms. Black naturally expressed confidence she will be granted the waiver, but there are no guarantees in life.

Peter Murphy
for The Chalkboard

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