BUFFALO, N.Y. – New York’s state education commissioner has given the superintendent of Buffalo schools unprecedented power to try to improve the quality of education in five persistently failing schools.

But the Buffalo Teachers Federation, the union that represents the district’s teachers, may file a lawsuit to block that effort.

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There’s a clear conflict between the students’ right to a quality education and the terms of the union contract.

To overcome that impediment, state Commissioner Mary Ellen Elia recently invoked the state’s “emergency receiver law” at the request of Buffalo school superintendent Kriner Cash.

Under terms of the law, Elia gave Cash the right to impose new personnel rules in the five schools, in violation of some of the provisions of the BTF contract.

Among other things, he’s allowed to fill vacant teaching positions through the transfer process with the most qualified candidate, regardless of seniority; reject transfer requests from teachers in the five schools; and mandate two faculty meetings per month at the failing schools.

He was also given permission to transfer any teacher out of the failing schools at any time, regardless of their seniority or union officer status; lengthen the school year and school day; and force teachers to participate in more professional development programs.

Under the receivership law, Cash has one year to bring about measurable academic improvements in the five schools, or Elia will have the option of turning them over to an outside receiver.

But Cash may never get the chance to act on behalf of the students, because the BTF has already signaled its objection to the new powers provided to Cash, and is likely to take legal action to block them.

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As one report from the Buffalo News put it, “The BTF, with the backing of New York State United Teachers, will likely challenge the law in court. The union will likely ask for an injunction to prevent the changes from happening.”

Politico quoted NYSUT President Karen Magee as saying, “At this point in time, NYSUT’s attorneys are looking at every available option and we’ll take any action that’s needed to ensure we defend our teachers’ and our parents’ voice.”

Why would anyone oppose an effort to help students learn?

“Critics of the new law say that it removes power from school boards elected to represent the interests of the public, and from unions that represent employee interests,” the Buffalo News reported.

Interests of the public? Employee interests? What about the interests of children who have clearly been shortchanged in the classroom?

“The schools in receivership need dramatic action now,” Jenny Sedlis, executive director of StudentsFirstNY, told EAGnews.

“Anyone throwing up obstacles to transforming these schools has zero interest in doing right by kids. A teachers union court challenge would only harm students. These students deserve great school choices and the district must have strong tools to make that happen.”

The current issue dates back to June, when contract negotiations reopened between the district and teachers union.

District officials demonstrated their interest in improving academics by offering the teachers an average 23 percent salary increase over the next four years, in exchange for contract concessions that added four days to the school year, lengthening the school day by 50 minutes, and eliminating seniority as a factor in teacher transfers

Phil Rumore, longtime president of the Buffalo Federation of Teachers, called the offer “insulting, demeaning and illegal” and said “I see not one thing in this proposal that addresses improving student performance,” the newspaper report said.

Instead Rumore called for smaller class sizes, and an increase in reading teachers, guidance counselors and support staff to help students succeed.

All of his proposals would require the hiring of more dues-paying union members and an increase in revenue for the union.