Lobato 8/30: Bob Schaffer sticks to his guns

Bob Schaffer, chair of the State Board of Education, has a firm opinion about the meaning of a thorough and uniform education, and he had more than one chance to express it Tuesday during nearly two hours of repetitive questioning by lawyers in the Lobato school funding trial.

Plaintiffs in the case content that the state’s school finance system violates the Colorado constitution’s requirement for a “thorough and uniform” education system, as further defined by education laws passed by the legislature.

Schaffer, a Republican former congressman who’s now principal of Liberty Common charter school in Fort Collins, is known for clear-cut views often at odds with many segments of the education community.

Above all, he believes in the value of parental choice in education.

Asked if he believes the 1994 school finance act is constitutional, Schaffer said, “I’m certain it was and is.” Schaffer was a state senator at the time and voted for the bill, whose formulas still help govern school finance today.

Asked if he believes the current system is “thorough and uniform, Schaffer said, “Absolutely, it is.” The distribution of funds “is done in a very thorough way … in the most fair and equitable way possible.”

He also said, “I believe they (school districts) have sufficient funding to accomplish state requirements” and that CSAP scores are not an indicator of whether student needs are being met.

Plaintiffs’ lawyer Kyle Velte asked Schaffer multiple versions of the same questions about achievement levels, funding adequacy and much more, but his answers were always the same.

Mike Miles on the stand

Harrison Superintendent Mike Miles / File photo

Earlier in the day, Harrison Superintendent Mike Miles testified (and was cross-examined) for two hours about the reforms in his district, including a sophisticated teacher evaluation system that ties pay for all teachers to their evaluations.

Senior Assistant Attorney General Carey Markel led Miles through a detailed series of questions about Harrison that seemed designed to paint a picture of successful reform without significant additional resources.

Markel asked Miles if he was concerned about reaching ambitious goals like a 90 percent graduation rate with current funding. “We’re going to be able to reach those goals or pretty darn close,” Miles said.

But, on cross-examination by plaintiffs’ lawyer Terry Miller, Miles admitted he’s worried about future budget cuts. The district has cut $9 million in the last two years.

Asked if Harrison has reached a juncture where financial resources matter, Miles said, “I think we’re at that point. … If we have significantly reduced resources, we’re going to have a hard time meeting our goals” for improved student achievement.

Miles also said, “I don’t think we have a thorough (education) system.”

Highlights of the day

TONE: Yes, we keep reporting that the mood in the courtroom is getting testier – and it still is.

QUOTE: Describing the State Board of Education, Bob Schaffer said, “It’s an odd creation in our constitution … elected members who essentially fulfill administrative duties.”

MANEUVERING: David Hinojosa, a lawyer for the plaintiff-intervenors, was particularly hard-nosed in his cross-examination of Barbara Medina, director of language, culture and equity at the Department of Education. Claims about the inadequacy of state support and services for English language learners are a central part of the plaintiff-intervenors case.

Medina was having a hard time under the verbal onslaught and at one point said, “I’d like to take a break if we can. I’m not sure what you’re asking me.”

Assistant Attorney General Jonathan Fero kept objecting, saying Hinojosa was being “argumentative and harassing the witness.”

Hinojosa kept prodding Medina with variations of “just answer yes or no,” and Fero objected again, saying, “I’d ask counsel to stop saying yes or no to the witness. She’s perfectly able to answer.”

District Judge Sheila Rappaport ordered Hinojosa to cut it out. He slipped in “yes or no” a couple of times after that but quickly corrected himself.

DOCUMENTS: Read a 2010 EdNews story about Harrison’s evaluation and salary system, and see the district’s performance framework and its improvement plan. And take a peek at the performance framework for Schaffer’s charter school.

UPCOMING: The trial is supposed to end Friday, but there’s still a backlog of state witnesses to testify. Today, education Commissioner Robert Hammond is expected to take the stand for the state.

Also on tap for this state as the days wind down are state Sen. Keith King, R-Colorado Springs, and Republican former state Senate President John Andrews. And still to be decided is whether former Republican state Sen. Norma Anderson of Lakewood will be allowed to testify.

And then there’s the matter of rebuttal testimony and closing arguments.