Who Is In Charge

Senate Ed gets into the weeds

Thursday roundup
Higher ed bills advance
For the record

The Senate Education Committee Thursday gave 8-0 approval to the least-liked bill of the session, House Bill 10-1369.

That’s the 2010-11 school finance bill, which would cut state support of education by 6.3 percent, a reduction that seems unavoidable because of the state’s weak revenue picture.

Committee members echoed the unhappy comments made earlier as the bill went through the House:

“I think someone needs to say it’s a sad day when we’re cutting education,” said chair Sen. Bob Bacon, D-Fort Collins, who’s Senate prime sponsor of the measure.

“This is the most horrible aye [vote] I’ve ever cast,” said vice chair Sen. Evie Hudak, D-Westminster, never one to hide her feelings.

“This is criminal in many respects,” sighed Sen. Rollie Heath, D-Boulder.

The comments came as the committee voted. For most of the meeting before that, panel members delved more into the complex details of the bill than did their counterparts in the House.

One seemingly minor provision got special attention. A primary goal of the bill is ensuring that all districts receive an equal percentage cut – the 6.3 percent.

But a handful of the state’s 178 school districts – seven, to be exact – have higher-than-average local revenues and therefore receive relatively small amounts of state aid. As currently written, HB 10-1369 would force those districts to temporarily reduce local revenue in order to realize overall cuts of 6.3 percent.

(The districts are Clear Creek, West Grand, Gunnison, Estes Park, Park, Aspen and Summit.)

That idea unsettled some committee members, because doing that would effectively mean taking away extra revenue that local district voters had approved in the form of mill levy overrides.

“I find this really distasteful,” said Bacon.

Sen. Keith King, R-Colorado Springs, also criticized the forced cut for the seven districts.

“You shouldn’t be surprised that we have to do amazing and weird things,” given the financial situation, quipped Hudak.

Members kicked around various ideas for changing the way the seven districts should take their cuts but reached no agreement except to work on an amendment for consideration when the bill is up for preliminary Senate floor consideration.

The committee also was reminded by a witness of a fact that’s often forgotten in the school finance discussion – school districts have bigger problems than just loss of state aid.

Wil Hatcher, former chief financial officer of the Academy 20 district in Colorado Springs, said that even as revenue is being cut, “We still have this continued mandate on the spending side” – pensions contributions, utilities costs and health insurance. “It’s a double impact in some school districts,” said Hatcher, because increases in those fixed costs sometimes are the same amount as cuts in state aid. (Hatcher’s affiliation was corrected on March 26.)

The committee also spent some time sorting through just exactly what the cuts total, a subject of considerable confusion in many quarters.

HB 10-1369 proposes a floor of $5.44 million in school total program funding for the 2010-11 and 2011-12 school years, meaning state support couldn’t drop below that. Total program funding is the total of state aid and local revenues. (Even if HB 10-1369 is passed this year, the 2011 legislature could change the floor.)

That amount compares to $5.7 billion in 2009-10 total program approved by the 2009 legislature. That was reduced to $5.55 million by legislative action earlier this session.

Legislative economists estimate that full total program funding in 2010-11 would be $5.8 if the full Amendment 23 formula was applied.

Legislative staff fiscal note explaining HB 10-1369

Higher education bills advance

The House Education Committee Thursday unanimously approved three higher education bills:

• Senate Bill 10-079, which would allow Mesa State College to offer a limited number of graduate degrees. The college wants to offer nursing, education and criminal justice graduate degrees to meet local workforce needs. The bill has been on a fast track through the legislature, despite initial concern by the Department of Higher Education that such expansion should be delayed until after the higher ed strategic plan is finished.

• Senate Bill 10-088, which would allow community college students to pursue associate’s degrees with specific academic “designations,” similar to majors. The theory behind this bill is that allowing students to focus early on their interests will improve retention and make it easier for students to move on to four-year colleges. The bill, however, limits the number of designations that can be offered.

• Senate Bill 10-108, which would allow private and proprietary colleges to participate if they chose in the system of common core courses used by state colleges. Common core courses are transferrable between colleges. Private colleges would have to pay fees to cover the costs of course review. According to previous testimony, Colorado Technical University in Colorado Springs is the institution most interested in this.

The committee also approved Senate Bill 10-111, which makes various changes in law governing the Charter School Institute, including allowing institute-governed charter schools to contract for services with boards of cooperative education services.

For the record

The full Senate gave preliminary approval to House Bill 10-HB 1183, which would authorize a study of alternative school finance methods, and House Bill 10-1026, which would create a grant-funded incentive program for quality early childhood programs.

The House gave preliminary approval to Senate Bill 10-154, which changes accreditation rules for alternative schools, which serve very high percentages of at-risk students.

Use the Education Bill Tracker for links to bill texts and status information.

the one to watch

Inside the three-candidate battle for northeast Denver’s school board seat

File photo of student at Marrama Elementary School in northeast Denver. (The Denver Post)

Of the Denver school board races on the November ballot, none packs more intrigue than the fight for District 4.

The three-person slate of candidates features an appointed incumbent who’s never run for office and supports the district’s current path, an outspoken recent high school graduate who sharply disagrees, and a former charter school educator with a more nuanced view and — in what on its surface may seem surprising — the endorsement of the teachers union.

The seat represents a large swath of northeast Denver with a wide range of income levels, including areas that are gentrifying quickly and others that have been home to some of the district’s most aggressive school improvement strategies.

The Nov. 7 election is high stakes. Four of the seven seats on the Denver school board are up for grabs. If candidates who disagree with Denver Public Schools’ direction win all four races, they’ll have the political power to change key policies in the state’s largest school district and one nationally recognized for its embrace of school choice and autonomy.

Tay Anderson is one of those candidates. The 19-year-old graduated from Denver’s Manual High School last year and is now a student at Metropolitan State University. On the campaign trail, he has doggedly criticized the district for what he describes as weak community engagement efforts and a move to “privatize” public education by approving more charter schools, which are publicly funded but independently run (in Denver, by nonprofit operators).

He also has led the charge in attempting to tie the current school board and the incumbent candidates to U.S. Education Secretary Betsy DeVos, whose stance on school choice — and especially private school vouchers, which DPS does not support — have made her a controversial figure.

    This is the first of a series of articles profiling this year’s Denver school board races. You can read about where candidates in all the DPS races stand on issues here, in Chalkbeat’s candidate questionnaire. Check out our coverage of the campaign’s first campaign finance reports here.

When DeVos came to Denver in July to give a speech to a group of conservative lawmakers from across the United States, Anderson organized a protest against her. In front of a crowd of hundreds, he called out the current Denver school board members.

“We can tell them, ‘Screw you. You’re fired in November!’” he said.

Anderson has a compelling personal story. The teenager struggled in high school before becoming a leader at Denver’s Manual High. He was student body president, chairman of the Colorado High School Democrats and a member of the Student Board of Education.

Anderson was also homeless for a time and has said his own challenges give him valuable insight into the lives of other Denver students living in difficult situations. About two-thirds of the district’s 92,000 students qualify for subsidized lunches, a proxy for poverty.

“I have had nobody in my corner when I was a homeless student and when I was in and out of foster care,” Anderson said at a recent televised candidate debate. “And now it is my turn to turn to our students and say, ‘I am going to be your champion.’”

His candidacy has attracted more local and national press attention than is usual for a school board race. But while Anderson has said his young age would bring a fresh perspective to the board, his opponents have questioned whether he has the experience to serve.

“It’s one thing to swing a hammer at a frustration, but it’s another to know where to swing it,” said candidate Jennifer Bacon, one of Anderson’s two opponents.

Anderson is running against Bacon, 35, and incumbent Rachele Espiritu, 48. Espiritu was appointed to fill a vacancy on the board in May 2016. The appointment process was long and marked by controversy. The first appointee, MiDian Holmes, stepped aside after details about a misdemeanor child abuse conviction and her mischaracterization of it came to light.

Both Espiritu and Bacon were among the finalists for the position. But Bacon withdrew, explaining at the time it was “in consideration of my need for growth and readiness for this position, as well as my interests in supporting the board.”

Asked recently to elaborate, Bacon said she withdrew because she sensed she wasn’t going to be appointed. She said she, too, had an arrest in her background: for stealing a necklace from Macy’s when she was in college. Bacon said the charge was dropped and she was not convicted. (No charges showed up in a background check done by Chalkbeat.)

Bacon, who attended college in Louisiana, said the arrest was a turning point at a time when she was struggling to find her purpose. She went on to join the Teach for America corps, teaching for a year in New Orleans and a year in Miami.

After teaching, she went to law school and then moved in 2010 to Denver, where she worked first as a dean for the city’s largest charter school network, DSST, and then in alumni affairs for Teach for America. She is now a regional director with Leadership for Educational Equity, a nonprofit organization that trains educators to advocate for policy changes.

Bacon said she wondered whether her positions on key issues also made her an unlikely appointee. For instance, she has said she’s not opposed to charter schools but believes Denver has reached its threshold and should focus on shoring up its traditional schools.

“People ask me if I’m pro-charter,” Bacon said in an interview. “I’m pro-community.”

Since Espiritu was appointed, she has largely voted in line with the rest of the school board. But she chafes at the idea that the board is monolithic or a rubber stamp for the administration. Much back-and-forth occurs before a decision, she said in an interview, and each board member brings a unique background and set of life experiences to the table.

Espiritu often says on the campaign trail that she’s the only immigrant to serve on the board in the last century. She was born in the Philippines and came to the United States as a toddler. She holds a PhD in clinical psychology from the University of Colorado Boulder and helped found a small business called Change Matrix that assists organizations with planning, putting into place and monitoring change. She and her family moved to Denver in 2012.

Espiritu has two sons. Her oldest goes to DSST: Stapleton High, a charter school. Her youngest goes to William (Bill) Roberts School, a K-8 district-run school. She has said that in choosing schools for her children, she focused on quality and not on type.

As a member of the board, Espiritu has paid particular attention to efforts to improve student mental health. She recently encouraged DPS to become a “trauma-informed school district.”

“I want us to be a district that addresses student and educator trauma in a proactive or preventative way that’s culturally sensitive and systematic in fashion,” she said at a September board meeting. “…We need to shift our thinking from asking what is wrong with a child to what happened with a child.”

Parts of northeast Denver have struggled academically. The region is home to the district’s biggest-ever school turnaround effort, as well as two of three schools the board voted unanimously last year to close due to poor performance.

The candidates’ disparate views on school closure offer a window into what differentiates them. Espiritu voted for the closures, though she noted at a subsequent board meeting that doing so was “a painful process … and such a difficult decision.”

Anderson has said he opposes closing any more traditional, district-run schools. Bacon, meanwhile, has said that while she doesn’t believe in “trapping kids in failing schools,” ideas about how to turn things around should originate with affected families.

Two local groups that traditionally endorse candidates and contribute large sums of money struggled this year with who to support in District 4. The Denver Classroom Teachers Association endorsed Bacon, but a progressive caucus of the union chose to separately support Anderson. The pro-reform group Stand for Children did not endorse any candidate, explaining that both Bacon and Espiritu surpassed its “threshold for endorsement.”

Of the three candidates, Espiritu had raised the most money — $73,847 — as of Oct. 11, when the first campaign finance filing period ended. Bacon had raised $59,302, including $10,000 from the teachers union, while Anderson had raised $16,331.

Espiritu and Bacon have also benefitted from the support of independent expenditure committees. A union-funded group called Brighter Futures for Denver spent $139,000 on Bacon. Two other groups, Students for Education Reform and Raising Colorado, which is associated with Democrats for Education Reform, spent a total of $73,229 on Espiritu.

Sorting the Students

As Nashville heads to court over sharing student information with the state, here’s why Memphis probably won’t

PHOTO: Grace Tatter
Nashville's Davidson County Chancery Court building where the state filed against Metro Nashville Public Schools over sharing contact information with charter schools.

Tennessee’s two largest school districts are often in lockstep on key issues. But in a recent tiff with the state about sharing student information with charter schools, the two districts are poised to part ways.

Leaders of Nashville’s school district have repeatedly defied an order from Tennessee’s education commissioner to share student addresses, phone numbers, and other information with the state’s controversial turnaround district, as required by a new state law. The state filed a lawsuit this week in response.

Meanwhile, leaders of the Memphis district have spoken out about the rule — but are preparing to comply. The district has given parents until Sunday, Oct. 22 to opt out of sharing their contact information with charter schools.

Instead of outright rejecting McQueen’s deadline last month like Nashville did, Superintendent Dorsey Hopson sought a compromise and the district has indicated contact information after the opt out window could be shared.

“… we respectfully request you extend your deadline until October 23, 2017 to allow our families the opportunity to make an informed decision regarding their rights and to give our board an opportunity to vote on the release of the data,” Hopson said in a letter to McQueen.

The state education department says it is holding off filing a similar suit against that district, for now. The Memphis district “is still deciding whether to comply, whereas Metro [Nashville] has made its decision already,” state spokeswoman Sara Gast said. “Given that, it is appropriate to file here and then review Shelby’s decision to decide if litigation is necessary.”

Shelby County Schools declined to share how many parents have chosen to opt out so far, but said it plans to share information with its board about the effort next week.

The fight has ignited long-simmering tensions around enrollment and the state’s influence in local schools, and comes on the heels of Metro Nashville Public Schools board voting to join Shelby County Schools in its landmark funding lawsuit against the state.

Memphis leaders have also said that the issue at hand is student privacy, though a robocall to Memphis parents indicated that the main goal of the opt-out process was not to lose students to charter schools.

Memphis’ compromise stance will be good news to groups like parent advocacy organization Memphis Lift, which says it has gathered about 1,200 parent signatures urging Shelby County Schools to release the contact information.

What Memphis parents should know about how schools share student information

The legal questions at stake are the first challenge to a slight, but significant, amendment to federal rules

The Nashville school board cited two reasons for defying the state’s order in late August: One is U.S. Department of Education rule that allows districts to have discretion on who gets student directory information. The second was that when state lawmakers crafted the law that requires school districts to share student information, they did not intend for that information to be used for recruitment.

According to Frank LoMonte, a First Amendment lawyer and director of The Brechner Center at the University of Florida, said the lawsuit could have national implications.

“What we’re about to see is the first test of whether the U.S. Department of Education amended rules in 2011 are enforceable or not,” he said. What it comes down to, he said, is if a federal rule can give local districts the permission to violate state law.

The Nashville board’s second justification reflects concerns from State Rep. John Forgety, who chairs a key House education committee. He says the state is misinterpreting the law he helped create.

The state said in a statement that Commissioner Candice McQueen is seeking to confirm her interpretation of the new state law, “ensuring that families can be informed of all public education opportunities available to them.”

Below is a copy of the state’s court filing: