Who Is In Charge

Bill would limit detention of truants

A bill intended to reduce the use of juvenile detention for habitually truant students passed its first test in the House Education Committee Monday, but parts of the measure remain under construction.

Colorado CapitolAnd on a party line vote the committee killed a broadly worded “academic freedom” bill that was promoted by the Seattle-based Discovery Institute, which advocates for the intelligent-design theory of human evolution.

Also at the Capitol Monday, a bill to protect the confidentiality of teacher evaluations was introduced, and a mid-year budget boost for state colleges and universities passed the Senate.

Truancy bill slimmed down

House Education voted 8-5 to pass an amended version of House Bill 13-1021, which now goes to the House Appropriations Committee.

The original version of the bill would have required school boards to adopt truancy reduction policies and set detailed requirements for those policies and for district record keeping on truancy.

At the request of sponsor Rep. Rhonda Fields, D-Aurora, House Education stripped most of those requirements from the bill. Various school district lobbyists had concerns that the original bill was too much of a top-down state mandate and would cost money that school districts don’t have.

As amended, the bill focuses on truant students who end up in juvenile detention centers because they’ve disobeyed court orders to go to school.

The bill says court proceedings should be “a last-resort approach” and sets up several intervention requirements for districts to meet before they could go to court. The bill also would set a five-day limit for the amount of time a truant student could be held in juvenile detention for a single violation of a court order to return to school.

“We really want to limit the number of kids who are truant going into detention,” said witness Meg Williams, an official of the state Division of Criminal Justice who has worked with Fields on the bill.

Fields and witnesses said a little less than 500 students a year are detained for truancy violations, and that in at least one case a youth was held for more than 100 days.

“We understand it’s a tool for the court, but we want to put a limit on it,” said Regina Huerter of Denver’s crime prevention and control commission, who also testified in support of the bill.

The other part of the bill would specify what kind of education students would get while being held in detention. That’s the section that’s still under construction, and Fields is negotiating with interest groups to come up with language that’s agreeable.

“It’s a very complicated issue,” Fields told her fellow committee members, noting that she’s been working on the issue since last summer. (See this EdNews story about Fields’ initial concept for the bill.)

No go for “academic freedom” bill

The outcome never was in doubt, but House Education spent nearly 90 minutes politely taking testimony on House Bill 13-1089, which proposed to create “academic freedom” laws that would encourage and allow teachers and university professors to discuss alternative views about such scientific issues as evolution, climate change and human cloning – and to protect them from retaliation is they did so.

Critics of the bill saw it as a stalking horse to allow teaching of creationism and climate change denial in schools and colleges.

The bill was sponsored by freshman Rep. Steve Harvey, R-Severance, whose website describes him as “a Christian committed to the timeless and eternal principles that honor the God who created us equal and make for a good life and thriving communities.” Humphrey also is the sponsor of a bill that would ban all abortions.

Katie Navin, a representative of the Colorado Alliance for Environmental Education, opposed the bill and said it “could potentially weaken science education.”

Responding to her testimony, committee member Rep. Chris Holbert, R-Parker, referred to “what I believe to be the myth of climate change and global warming.”

Witness Scott Horak, who said he represented a group call Christian Outdoorsmen, supported the bill and said, “I just want to let you know that evolution is not a science and can’t be proven by a scientific process.”

Witness Joshua Youngkin, who identified himself as a lawyer with the Discovery Institute of Seattle, said the bill originated with his group, which supports the intelligent design theory of human origins.

The committee’s seven Democrats voted to kill the bill; all six Republicans supported it. Ranking minority member Rep. Carole Murray, R-Castle Rock, said she entered the committee room prepared to vote “no” but voted “yes” after hearing the testimony.

Bill would keep teacher evaluations confidential

Among new bills introduced in the last few days is House Bill 13-1220, which would require that educator evaluation information must remain confidential. The release of evaluation data has been controversial in other states, including California. The bill was developed from concerns raised by the state Quality Teachers Commission and is sponsored by freshman Rep. Joe Salazar, D-Thornton.

A bill introduced last Friday, House Bill 13-1211, would change the state’s program for providing language training to students with limited English proficiency so that funding would be provided for students for seven years, rather than the current two.

For the record

Other education-related bills advanced Monday at the Statehouse, including:

  • House Bill 13-1144 – The House gave 40-24 final approval to this measure, which would make permanent an additional sales tax on cigarettes and devote the $28 million in annual revenue to higher education.
  • Senate Bill 13-090 – The Senate voted 27-6 to approve this bill, which would give state colleges and universities a $9.3 million boost in their current budgets.

One bill that didn’t survive Monday was Senate Bill 13-055, a Republican-backed measure that would have changed the basis for calculating the actuarial soundness of the Public Employees’ Retirement Association. The bill would have had the effect of downgrading the soundness of the pension system, which covers all Colorado teachers and many other public employees. The Senate State Affairs Committee killed the bill.

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: