In AEI’s Cage-busting Leadership and the Culture of Can’t, Frederick Hess argues that many district and school leaders operate under lore rather than legality. They believe their hands are tied, even when they are not, and implement restrictive policy simply because that is how it has always been done. Hess recommends that district and school administrators take a good look at teacher, support staff, clerical contracts, and education laws to determine what is actually constrained and what latitude exists when determining options for education reform.
Lest anyone accuse Hess of thinking that reform is easy, Hess adds:
Don’t get me wrong. Prescriptive union contracts and procurement processes, rules, and regulations like the federal “supplement not supplant” provision, state laws, board policies, and the like hinder leaders in many ways, making it harder to repair a fence, hire talented staff, or schedule grade-level team meetings. I have spent a lot of time addressing these barriers in previous books such as Common Sense School Reform and Education Unbound. But it has become clear to me that much of what leaders say or think they cannot do—or simply do not do—are things that they are already able to do.
Hess also emphasizes the importance of a good legal team. He writes:
District officials need someone aggressive, wily, and intrepid if they are to figure out what is and is not possible. General counsels who work for districts are not necessarily equipped or inclined to play this role. Lawyers who work for districts tend to play defense, unless they are otherwise instructed.
Dan Weisberg, now at TNTP, explains:
“Converting the mission of the legal team is vital. In a school district, you’re in a compliance culture . . . where people are very nervous about making any decisions without getting approval from a lawyer. But while many district lawyers see their job as being about risk avoidance, good lawyers are skilled at finding creative ways to help their clients reach their goals. All it takes is a difference in viewpoint. The goal is not to make sure there is no legal risk, which is impossible in a district undertaking serious reform. The goal is to increase student achievement. If you change the mission of the general counsel’s office [that way] . . . then you’ve got a sea change.”
Hess sends the message that reform can and should begin now; a new generation of leadership may never be a reality, so those who are currently in positions of authority need to find creative ways to bring the changes that they see are needed.
For Hess’ full article, as well as links to a pdf version and a hard-copy version for purchase, see http://www.aei.org/outlook/education/k-12/leadership/cage-busting-leadership-and-the-culture-of-cant/
