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.

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.

Speaking Up

Letters to J.B.: Here’s what 10 Illinois educators said governor-elect Pritzker should prioritize

PHOTO: Keri Wiginton/Chicago Tribune/MCT via Getty Images

As governor-elect and national early childhood education advocate J.B. Pritzker assembles his transition team and builds out his early agenda, we asked educators to weigh in with items he should consider.

Here are 10 of their responses, which range from pleas for more staffing to more counseling and mental health services. Letters have been edited only for clarity and length. Got something to add? Use the comment section below or tell us on Twitter using #PritzkerEdu.

From: A non-profit employee who works with schools in the city and suburbs

Letter to J.B.: I work with a number of students from the City of Chicago and sadly most of them lack basic skills. Most of the students lack the ability to read and write properly, and perform below grade level. It is alarming how many students don’t have critical-thinking and analytical skills. The lack of education in low-income and minority population will hurt our city and state in years to come.

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From: A youth organizer at Morrill Elementary, a K-8 school on Chicago’s Southwest Side

Letter to J.B.: Morrill School has suffered from constant turnover due to an unstable Chicago Public Schools environment that cares more about upholding its own self-interest than the people it should be serving. We need representatives that will advocate for what communities say they need!

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From: A music teacher at a Chicago charter school

Letter to J.B.: I work at a charter school and I don’t think we are doing the best we can for our kids. Our school’s policies are too harsh and dehumanizing.

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From: A Chicago charter school social worker

Letter to J.B.: We’ve cut mental health services throughout the city and that has crippled us. Parents have a hard time getting jobs and having enough money to supply basic needs.

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From: A Chicago principal

Letter to J.B.: My school is 100 percent free- and reduced-price lunch-eligible, or low-income population. We are a middle years International Baccalaureate school. Our children were once were the lowest performing in the area and now we are a Level 1-plus school. Our school was on the closing list back in 2005 when I took over.

But now we are an investment school. Teachers are dedicated and work hard. We need funding for a new teacher to keep classes small and additional funds to purchase multiple resources to continue and strengthen overall academics. We have a vested interest in educating all of our children!

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From: A teacher at A.N. Pritzker Elementary in Chicago’s Wicker Park neighborhood

Letter to J.B.: Great kids. Great staff. No librarian. Extremely poor special education services. No substitute teachers. No time for planning. No time for anyone to provide mental health services for those in need.

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From: A teacher at Whitney Young High School on Chicago’s Near West Side

Letter to J.B.: Every teacher knows that well over 90 percent of the students with academic problems have serious problems at home and in their neighborhoods. In the suburbs, social worker and psychologist staffing levels are often five to 10 times what they are here in the city, where kids are dealing with way more challenges, not less. If you’re looking for bang for your buck, fund psychologists and social workers!

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From: A teacher in the Galesburg CUSD 205

Letter to J.B.: Our school is diverse in all definitions of the word. We have a diverse population in terms of race, money, and ability. We currently don’t have the money to keep all of the schools in our district open and are in the process of closing some of the buildings in order to get the others up to code and comfortable; many of our schools don’t even have air conditioning.

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From: A teacher at Kiefer School, a Peoria school that educates children with severe behavioral and learning challenges

Letter to J.B.: We work with students with behavioral and mental challenges who need more help getting mental health services. We’ve had children deflected from being hospitalized due to no beds being available.

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From: A teacher at Unity Junior High School in Cicero

Letter to J.B.: People often think that our school is “bad,” but the truth is, we have so many staff and students that work hard every day to bring positive change.

Who's In Charge

Who’s in charge of rethinking Manual High School’s ‘offensive’ mascot?

PHOTO: Scott Elliott/Chalkbeat
Manual High School is one of three Indianapolis schools managed by Charter Schools USA.

As other schools in Indiana and across the nation have renounced controversial team names and mascots in recent years, Emmerich Manual High School in Indianapolis has held onto the Redskins.

One of the reasons why the school hasn’t given it up, officials said during a state board of education meeting this week, is because it’s unclear whose responsibility it would be to change the disparaging name.

Is it the obligation of the district, Indianapolis Public Schools, which owns the building and granted the nickname more than 100 years ago?

Is it the duty of the charter operator, Charter Schools USA, which currently runs the school?

Or is it the responsibility of the state, which took Manual out of the district’s hands in 2011, assuming control after years of failing grades?

“I don’t care who’s responsible for it,” said Indiana State Board of Education member Gordon Hendry, as he acknowledged the uncertainty. “I think it’s high time that that mascot be retired.”

The mascot debate resurfaced Wednesday as state officials considered the future of Manual and Howe high schools, which are approaching the end of their state takeover. Charter School USA’s contracts to run the schools, in addition to Emma Donnan Middle School, are slated to expire in 2020, so the schools could return to IPS, become charter schools, or close.

Manual is only one of two Indiana schools still holding onto the Redskins name, a slur against Native Americans. In recent years, Goshen High School and North Side High School in Fort Wayne have changed their mascots in painful processes in which some people pushed back against getting rid of a name that they felt was integral to the identity of their communities.

Knox Community High School in northern Indiana also still bears the Redskins name and logo.

“The term Redskins can be absolutely offensive,” said Jon Hage, president and CEO of Charter Schools USA. “We’ve had no power or authority to do anything about that.”

He suggested that the state board needs to start the process, and that the community should have input on the decision.

An Indianapolis Public Schools official told Chalkbeat the district didn’t have clear answers yet on its role in addressing the issue.

Even if the state board initiates conversations, however, member Steve Yager emphasized that he does not want the state to make the decision on the mascot.

“We don’t have to weigh in on that,” Yager said. “I feel like that’s a local decision.”