legal showdown

After explosive allegations of anti-union intimidation, KIPP files a federal lawsuit against the UFT

PHOTO: Alex Zimmerman
Mayor Bill de Blasio with KIPP co-founder David Levin at KIPP Infinity Middle School.

A dispute between one of the city’s most visible charter networks and the country’s largest local teachers union sparked a federal lawsuit this week, with KIPP asking the courts to block the union from enforcing its contract at a South Bronx charter school.

The argument centers on KIPP Academy Charter School, the first of the network’s schools to open in the city, and whether it is covered by the contract between the city and the United Federation of Teachers.

KIPP’s lawsuit comes after explosive allegations from the UFT, which argued in January that the school threatened to fire teachers who didn’t vote to decertify the union — a case that is being considered by the National Labor Relations Board. (A previous decertification effort, in 2009, was unsuccessful.)

Most charter schools are not unionized — a feature, many operators argue, that is essential for sidestepping burdensome rules that get in the way of offering a sound education. But KIPP Academy is a “conversion” charter school, an unusual arrangement in which a traditional public school morphs into a charter. The UFT argues that under state law its conversion status means its staff is covered by the contract that governs traditional public schools.

KIPP’s lawsuit, on the other hand, argues that its teachers never voted for union representation, and before now “other than collecting union dues from KIPP teachers and staff, the UFT never carried out any representative functions in relation to them.”

Since the school’s founding over 16 years ago, according to the complaint, the UFT never objected to the salaries and scheduling arrangements that have existed at the school for years and which are obviously inconsistent with the union contract.

KIPP’s lawsuit stems from a laundry list of contract violations brought by the UFT, and the union’s insistence that those complaints be heard by an arbitrator. Union officials said the complaints were motivated by a group of staff members who raised objections to their working conditions.

“Our day runs from 7:20 in the morning to 5:15 in the afternoon, so we’re there for nine hours and 55 minutes a day, and most of the time, there are no breaks,” KIPP Academy teacher Fatima Wilson, one of the teachers who approached the union, told the American Prospect.

The dispute has already been to court once: Last year, a state judge refused to block the arbitration process, a partial victory for the UFT.

The union’s general counsel, Adam Ross, said in a statement that KIPP’s lawsuit amounted to “legal maneuvers” instead of “working with the union to address their employees’ legitimate concerns.”

The charter network is now asking the federal court to step in and keep the UFT from enforcing its contract. In a letter to its staff earlier this week, KIPP superintendent Jim Manly implied that the lawsuit is needed to ensure the school can continue to foster teacher growth and collaboration.

“We are continuing to argue that KIPP Academy always has had, and wants to maintain, the right to solve problems together — without outside interference,” he wrote.

Correction: This story has been changed to clarify the intent of KIPP’s lawsuit. While the dispute itself does center on the UFT’s right to represent KIPP teachers, the lawsuit itself is focused on a narrower point: whether arbitration regarding the collective bargaining agreement should be allowed to proceed.

In the money

Here’s how Colorado schools would spend an extra $100 million from the state

PHOTO: Helen H. Richardson/The Denver Post
Hannah Moore, 8, shows off her moves during practice for an after school talent show that is part of the Scholars Unlimited After School program at Ashley Elementary school on March 10, 2017 in Denver, Colorado. Scholars Unlimited is an after school and summer program funded by the 21st Century Community Learning Center Grant, which is threatened to be cut entirely under the White House's budget cuts. The 21st Century Community Learning Center Grant served almost 20,000 students in Colorado between 2015 and 2016 and 76 percent of students showed academic improvement. (Photo by Helen H. Richardson/The Denver Post)

Legislators on the Joint Budget Committee unanimously decided this week to set aside $100 million to “buy down” the budget stabilization factor.

This number – $822 million in 2017-18 – is the amount by which Colorado underfunds its schools when compared to the constitutional requirement that spending on education increase every year based on student count and inflation. It’s more commonly known as the negative factor, though lawmakers are trying to get away from that term.

For several years now, lawmakers have held the negative factor steady, but this year, as Colorado has more money to spend than it has had in a long time, Gov. John Hickenlooper wanted to make a dent in it and requested the $100 million reduction. To be clear, a $100 million reduction in the negative factor is $100 million more that the state would send to districts. Technically, this number will be finalized in a separate piece of legislation, the School Finance Bill, which is coming any day now.

But state Rep. Millie Hamner, the Dillon Democrat who chairs the Joint Budget Committee, wanted to give some reassurance to educators that the money will be there in the budget. 

“It would send a message to our K-12 community that we are not spending that money and have set it aside,” she said.

And educators have been clamoring to hear that message. The Colorado School Finance Project has been running a social media campaign for the $100 million buydown using the hashtags #k12needsco and #kidsmattertoo.

The non-profit asked school superintendents around the state to say what they would do with the extra money, which translates to an additional $114 on average for each enrolled student, compared to holding the budget stabilization factor steady. The answers are identified by region, but not by district.

Here’s a small sample of the responses:

You can read all of them here.

The Joint Budget Committee has set total program spending on education at $7.75 billion before the negative factor is applied, up from $7.45 billion this year, a 4 percent increase. Of total program spending, the state will pay $4.4 billion, with the rest coming from local property taxes. This doesn’t include voter-approved tax increases known as mill levy overrides.

That translates to average per-pupil spending of $7,959, compared to $7,662 this year. A budget stabilization factor of $722 million would yield an average per-pupil amount closer to $8,074. 

The smaller budget stabilization factor is significant beyond just one budget year because state law says that this number shouldn’t get larger from one year to the next. However, Colorado superintendents are also pushing for a tax increase and change to the distribution of school money. It will take more than an additional $100 million spread among 870,000 students to address all the needs they identify in their responses to the Colorado School Finance Project.

Hickenlooper had also requested an additional $200 million for the state education fund, with the intention that that money be used to offset costs to districts from proposed changes to the public pension system and expected reductions in property tax revenue in rural communities.

The Joint Budget Committee instead voted to set aside $225 million to deal with costs associated with fixing the Public Employees Retirement Association’s unfunded liability – but in the general fund rather than the state education fund and not specifically to help schools, where retirement costs account for a big chunk of the personnel budget.

The committee also agreed to set aside $30 million to help small rural districts with low tax bases and was supportive of setting aside $10 million to address rural teacher shortages, though some of the details are still being worked out.

March for Our Lives

Memphis students say Saturday protest is not just about school shootings. It’s about all gun violence.

PHOTO: RJ Sangosti/The Denver Post
A student at Columbine High School holds a sign during a protest of gun violence, on March 14, 2018 in Littleton, Colorado.

Students marching Saturday in Memphis against gun violence say they are not only protesting the shootings that killed 17 people last month at a Florida high school. They also are speaking out against shootings that happen daily in their own city.

Seventeen-year-old John Chatman says he fears school shootings, but he especially fears the common gun violence in his neighborhood of South Memphis. He has lost close friends to shootings.

“It can happen anywhere, anytime,” Chatman said. “I think [this march] is a great stand. We should protest against school shootings. But we have to talk about what kids like me are seeing in Memphis on the daily.”

Memphis had 200 homicides in 2017, down from 228 the previous year, the deadliest year recorded in the city in two decades.

Chatman is one of hundreds of Memphians expected to participate in this weekend’s March for Our Lives event as part of a nationwide protest sparked by the Feb. 14 school shooting in Parkland, Florida. The largest march will be in Washington, D.C., where up to a half million protesters are expected, but smaller demonstrations are planned in cities and towns across the nation. In Tennessee, other marches are slated for Jackson, Nashville, Chattanooga, Knoxville, Clarksville, Cookeville, and Johnson City.

The Memphis march will start at 10 a.m. at Claiborne Temple, and Savanah Thompson will be there. One of more than a dozen student organizers, she worries that news about people getting shot has become commonplace.

“Being in Memphis, you get used to hearing about gun violence,” said Thompson, a freshman at White Station High School. “This affects the youth in our city. … We never want a school shooting to happen in Memphis or anywhere ever again.”

Alyssa Kieren, a student leader at Collierville High School, hopes the march fosters a sense of unity.

“We’re trying to stress that this isn’t a partisan issue,” Kieren said. “We have to acknowledge there is a problem and we have to come up with solutions. … The thing we’re upset about is that children are dying in our schools, and they’re dying in our city.”