From the Statehouse

School board transparency bill jumps first hurdle

The full House will get a chance to debate a bill that seeks to put guardrails around school boards’ use of executive sessions, an issue that’s become controversial in some districts.

The House Education Committee voted 7-6 to pass House Bill 14-1110, with majority Democrats providing the votes necessary for passage and all committee Republicans voting no.

Part of the bill’s backstory is use of executive sessions by the conservative Douglas County school board and worry on the part of unions and some parent groups about new board majorities in the Jefferson County and Thompson districts. But no witnesses during the 90-minute hearing cited specific examples of abuse of executive sessions.

Sponsor Rep. Cherilyn Peniston, D-Westminster, went out of her way to avoid mentioning specific districts or alleged abuses. Among comments she made to the committee were:

  • “It’s not a bill targeted to any particular school boards.”
  • “Perhaps some school boards were misusing the executive session privilege.”
  • “I can’t give you a number.”
  • “It’s not my intention … to call out any particular district.”
  • “I know there are issues. I’ve talked to constituents.”

Here’s what the bill would do, in the words of the legislative staff summary:

Under current law, minutes must be taken whenever a local school district board of education has a public meeting, and a separate recording must be made whenever the board enters an executive session. If, in the opinion of the attorney representing the board, portions of the discussion held during an executive session constitute a privileged attorney-client communication, those portions are not recorded. This bill requires continuous recording of executive sessions, even when the discussion is claimed by the representing attorney to be privileged, or subject to protection as trial preparation material. The bill also requires a local school board to keep a privilege log to identify the approximate times the privileged discussion takes place and the nature of the communication, without revealing details of the privileged information discussed. These portions of an executive session may be recorded separately from the remaining recording of the executive session.

The idea behind the bill is that individuals or groups who suspect a board was abusing use of executive sessions could ask a judge to review recordings to determine if that had happened. In general, state law limits executive sessions to discussion of personnel matters, real estate deals and protected discussions between a board and its lawyer.

Peniston proposed a similar bill last year. But it would have applied to all local governments, not just school districts, so it died after intense lobbying by other local government groups.

Some witnesses at Monday’s hearing mentioned specific districts, but none offered details of alleged abuses.

Cindy Barnard, a prominent critic of the current Dougco board, said “on one or two occasions I have witnessed votes and decisions taken behind the veil of executive sessions.”

Jeffco parent and PTA member Shawna Fritzler complained about a recent district board decision to hire a new lawyer.

Lori Goldstein, a Northglenn High School special education teacher and Colorado Education Association member, named specific districts but was vague about details. “I’ve seen this in Jeffco. Loveland is another area of concern. I’ve heard things from Douglas County too.”

Rep. Jim Wilson, R-Salida, asked, “How many are we talking about?”

Goldstein still didn’t offer any details, saying, “There’s a possibility that there could be more … we don’t know.”

Opposing the bill was Debbie Lammers, a member of the St. Vrain school board who was representing the Colorado Association of School Boards, “This bill will seriously chill” discussions between school boards and their lawyers, she said.

Sonja McKenzie, general counsel for the Cherry Creek schools and representing the Colorado Bar Association, and David Olson, general counsel for the Colorado School Districts Self-Insurance Pool, also opposed the bill, echoing the same concerns about possible threats to attorney-client privilege.

legal opinion

Tennessee’s attorney general sides with charter schools in battle over student information

Herbert H. Slatery III was appointed Tennessee attorney general in 2014 by Gov. Bill Haslam, for whom he previously served as general counsel.

Tennessee’s attorney general says requests for student contact information from state-run charter school operators don’t violate a federal student privacy law, but rather are “entirely consistent with it.”

The opinion from Herbert Slatery III, issued late on Wednesday in response to a request by Education Commissioner Candice McQueen, was a win for charter schools in their battle with the state’s two largest districts.

Education Commissioner Candice McQueen

McQueen quickly responded by ordering school leaders in Memphis and Nashville to comply. In letters dispatched to Shelby County Schools Superintendent Dorsey Hopson and Director Shawn Joseph of Metropolitan Nashville Public Schools, McQueen gave the districts a deadline, adding that they will face consequences if they refuse.

“If you do not provide this information by Sept. 25, 2017, to the (Achievement School District) and any other charter school or charter authorizer who has an outstanding request, we will be forced to consider actions to enforce the law,” she wrote.

Neither superintendent responded immediately to requests for comment, but school board leaders in both districts said Thursday that their attorneys were reviewing the matter.

Chris Caldwell, chairman for Shelby County’s board, said he’s also concerned “whether the timeframe stated gives us enough time to make sure families are aware of what is happening.”

Wednesday’s flurry of events heats up the battle that started in July when charter operators Green Dot and LEAD requested student contact information under the state’s new charter law, which gives districts 30 days to comply with such requests. School boards in both Memphis and Nashville refused, arguing they had the right under the federal student privacy law to restrict who gets the information and for what reasons.

The attorney general said sharing such information would not violate federal law.

The requested information falls under “student directory information,” and can be published by school districts without a parent’s permission. For Shelby County Schools, this type of information includes names, addresses, emails and phone numbers.

To learn what information is at stake and how it’s used, read our in-depth explainer.

The opinion also backs up the new state law, which directs districts to share information that charter operators say they need to recruit students and market their programs in Tennessee’s expanding school-choice environment.

However, the opinion allowed for districts to have a “reasonable period of time” to notify parents of their right to opt out of sharing such information. It was not clear from the opinion if the two school districts have exhausted that time.

A spokeswoman for Shelby County Schools said Tuesday the district had not yet distributed forms that would allow parents to opt out of having their students’ information shared, although the district’s parent-student handbook already includes instructions for doing so.

Below, you can read the attorney general’s opinion and McQueen’s letters to both superintendents:

Clarification, Sept. 14, 2017: This story has been updated to clarify the school boards’ arguments for not sharing the information.

First Person

I covered Tennessee’s ed beat for Chalkbeat. Here’s what I learned.

PHOTO: Marta W. Aldrich
Grace Tatter covers a press conference at the Tennessee State Capitol in 2015.

For three years, I covered the Statehouse for Chalkbeat Tennessee, reporting on how policies from Nashville trickled down into more than 1,800 public schools across the state.

Now I’m starting back to school myself, pursuing graduate studies aimed at helping me to become a better education journalist. I’m taking with me six things I learned on the job about public education in Tennessee.

1. Apathy is often cited as a major problem facing education. That’s not the case in Tennessee.

I heard from hundreds of parents, educators, and students who were passionate about what’s happening — good and bad — inside of schools. I covered crowded school board meetings and regularly scrambled for an open seat at legislative hearings where parents had filled the room after driving since dawn to beat the opening gavel. Not incidentally, those parents usually came from communities with the “worst” schools and the lowest test scores. While many disagreements exist about the best way to run schools, there is no shortage of people, particularly parents and educators, who care.

2. Tennessee has one of the most fascinating education stories in America.

I’ve had a front-row seat to massive changes in K-12 education under reforms ushered in by Race to the Top — an overhaul being tracked closely well beyond the state’s borders. But the national interest and import doesn’t end with changes stemming from the $500 million federal award. Tennessee is home to some of the nation’s premier education researchers, making its classrooms laboratories for new ideas about pre-K, school turnaround, and literacy instruction, just to name a few. And at the legislature, more lobbyists are devoted to education than to most any other cause. A lot of eyes are on Tennessee schools.

3. The education community is not as divided as it looks.

During the course of just a few years, I watched state lawmakers change their positions on accountability and school vouchers. I witnessed “anti-charter” activists praise charter leaders for their work. I chronicled task force meetings where state leaders who were committed to standardized testing found middle ground with classroom educators concerned that it’s gone too far. In short, a lot of people listened to each other and changed their minds. Watching such consensus-building reminded me that, while there are no simple debates about education, there is a widespread commitment to making it better.

4. Money matters.

Even when stories don’t seem to be about money, they usually are. How much money is being spent on testing, teacher salaries, school discipline reform? How much should be available for wraparound services? Why do some schools have more money than others? Is there enough to go around? Tennessee leaders have steadily upped public education spending, but the state still invests less than most other states, and the disparities among districts are gaping. That’s why more than a handful of school districts are battling with the state in court. Conversations about money are inextricable from conversations about improving schools.

5. Race is a significant education issue, but few leaders are willing to have that conversation.

More than 60 years after Brown v. Board of Education, Tennessee’s schools are largely racially segregated. Yet most policymakers tread lightly, if ever, into conversations about achieving real racial integration. And in many cases — such as a 2011 law enabling mostly white suburban Shelby County towns to secede from the mostly black Memphis district — they’ve actually gone backwards. Then there’s the achievement data. The annual release of test scores unleashes a flurry of conversation around the racial achievement gap. But the other 11 months of the year, I heard little about whether state and local policies are closing those gaps — or contributing to them — or the historical reasons why the gaps exist in the first place. To be sure, state leadership is trying to address some of Tennessee’s shortcomings. For example, the State Department of Education has launched modestly funded initiatives to recruit more teachers of color. But often, race and racism are the elephants in the room.

6. Still, there’s lots to celebrate.

If there were unlimited hours in the day, I could have written thousands of stories about what’s going right in public education. Every day, I received story ideas about collaborations with NASA in Oak Ridge, high school trips to Europe from Memphis, gourmet school lunches in Tullahoma, and learning partnerships with the Nashville Zoo. Even in schools with the steepest challenges, they were stories that inspire happiness and hope. They certainly inspired me.

Grace Tatter graduated from public schools in Winston-Salem, N.C., and received her bachelor’s degree in history from the University of North Carolina. She’s now pursuing a master’s degree in specialized studies at the Harvard Graduate School of Education.