Big decision

School districts can create brand-new innovation schools, state high court rules

PHOTO: Denver Post file
Collegiate Prep Academy ninth-graders work with a math tutor in 2012. The school was one of 11 at issue in the lawsuit.

In a win for Denver Public Schools, the Colorado Supreme Court has ruled the state’s largest school district didn’t break the law when it approved “innovation plans” granting more flexibility around staffing, curriculum and scheduling for 11 new schools.

However, a lawyer for the state’s teachers union said the decision is “so illogical” that the union is asking the high court to reconsider the case — a move she concedes is a long shot.

State law says each school’s innovation plan must include evidence that a majority of teachers consent to designating it an innovation school. That status affords a school more autonomy by exempting it from certain state and district rules, including those in the teachers’ contract.

The Denver teachers union sued DPS after the school board gave the go-ahead to 11 new innovation schools between 2010 and 2012 without first obtaining the consent of the teachers.

That’s because unlike at existing schools, the teachers were hired after the innovation plans were approved. They then voted by secret ballot during the first week of school on whether to support the plans and waive the collective bargaining agreement. The high court notes that in all 11 cases, “far more than the requisite 60 percent” of teachers voted yes.

The union argued that timing doesn’t make sense.

“The way it’s supposed to work is you’re supposed to have an existing school with teachers, students, parents and a community — and if the idea arises that an innovation school would be a good idea, they could begin that process,” said Sharyn Dreyer, an attorney for the Colorado Education Association who represented the Denver teachers union in the case. “It’s silly to create something and then vote on whether it can be created, which is what they’re doing here.”

A Denver District Court judge initially ruled mostly in favor of DPS. The union appealed, and the Colorado Court of Appeals reversed the district court’s decision.

But in late April, the state Supreme Court reversed that decision, siding with DPS once again.

In a split opinion, a majority of the seven justices found that barring school boards from approving innovation plans for new schools that haven’t yet hired teachers would be “directly contrary” to the intent of the innovation schools law. That law, passed in 2008, “was intended as an empowerment of, not a restriction upon, local school districts,” they wrote.

Requiring districts to wait would be harmful to all students and “especially to those from failing school districts,” they ruled. Schools’ innovation plans often include provisions such as longer school days that are meant to boost student achievement.

Three of the seven justices concluded the opposite. They found that the “plain language” of the law requires a vote of the teachers before an innovation plan is approved.

Dreyer said the union will likely ask lawmakers next year to amend the law to make it so.

Meanwhile, DPS officials said they’re pleased a majority of justices saw it their way. Denver teachers will continue to vote on their schools’ innovation plans, Denver Superintendent Tom Boasberg said; the ruling simply makes clear that it’s OK for the school board to vote first.

“Our teachers vote in a fair, secret-ballot vote, and that is a critical part of the innovation process,” Boasberg said. If they vote in favor, the plan can immediately go into effect, he said.

“We certainly hope in the future to spend less time and money litigating on these issues because I think this kind of litigation ends up being very costly,” Boasberg added.

DPS is still awaiting a Colorado Supreme Court ruling in another lawsuit filed by a group of teachers over job protections. The justices heard arguments in that case in December.


Aurora’s superintendent will get a contract extension

Aurora Public Schools Superintendent Rico Munn. (Photo by Andy Cross/The Denver Post)

The Aurora school board is offering superintendent Rico Munn a contract extension.

Marques Ivey, the school board president, made the announcement during Tuesday’s regular board meeting.

“The board of education believes we are headed in the right direction,” Ivey said. Munn can keep the district going in the right direction, he added.

The contract extension has not been approved yet. Munn said Tuesday night that it had been sent to his lawyer, but he had not had time to review it.

Munn took the leadership position in Aurora Public Schools in 2013. His current contract is set to expire at the end of June.

Munn indicated he intends to sign the new contract after he has time to review it. If he does so, district leaders expect the contract to be on the agenda of the board’s next meeting, April 3, for a first review, and then for a vote at the following meeting.

Details about the new offer, including the length of the extension or any salary increases, have not been made public.

Four of the seven members currently on the board were elected in November as part of a union-supported slate. Many voiced disapproval of some of the superintendent’s reform strategies such as his invitation to charter school network DSST to open in Aurora.

In their first major vote as a new board, the board also voted against the superintendent’s recommendation for the turnaround of an elementary school, signaling a disagreement with the district’s turnaround strategies.

But while several Aurora schools remain low performing, last year the district earned a high enough rating from the state to avoid a path toward state action.

cooling off

New York City charter leader Eva Moskowitz says Betsy DeVos is not ‘ready for prime time’

PHOTO: Chalkbeat
Success Academy CEO and founder Eva Moskowitz seemed to be cooling her support for U.S. Education Secretary Betsy DeVos.

In New York City, Eva Moskowitz has been a lone voice of support for the controversial U.S. Education Secretary Betsy DeVos. But even Moskowitz appears to be cooling on the secretary following an embarrassing interview.

“I believe her heart is in the right place,” Moskowitz, founder and CEO of Success Academy, said of DeVos at an unrelated press conference. “But as the recent interviews indicate, I don’t believe she’s ready for primetime in terms of answering all of the complex questions that need to be answered on the topic of public education and choice.”

That is an apparent reference to DeVos’s roundly criticized appearance on 60 Minutes, which recently aired a 30-minute segment in which the secretary admits she hasn’t visited struggling schools in her tenure. Even advocates of school choice, DeVos’s signature issue, called her performance an “embarrassment,” and “Saturday Night Live” poked fun at her.  

Moskowitz’s comments are an about-face from when the education secretary was first appointed. While the rest of the New York City charter school community was mostly quiet after DeVos was tapped for the position, Moskowitz was the exception, tweeting that she was “thrilled.” She doubled-down on her support months later in an interview with Chalkbeat.

“I believe that education reform has to be a bipartisan issue,” she said.

During Monday’s press conference, which Success Academy officials called to push the city for more space for its growing network, Moskowitz also denied rumors, fueled by a tweet from AFT President Randi Weingarten, that Success officials had recently met with members of the Trump administration.

Shortly after the election, Moskowitz met with Trump amid speculation she was being considered for the education secretary position. This time around, she said it was “untrue” that any visits had taken place.

“You all know that a while back, I was asked to meet with the president-elect. I thought it was important to take his call,” she said. “I was troubled at the time by the Trump administration. I’m even more troubled now. And so, there has been no such meeting.”