School Choice

Colorado Supreme Court will hear Dougco voucher case

Update: This article has been updated with comments from Dougco school board member Craig Richardson and from ACLU-Colorado legal director Mark Silverstein. 

Colorado’s highest court has agreed to hear arguments on the constitutionality of the Dougco Public Schools voucher program.

Among the points of the case the state Supreme Court will consider is whether plaintiffs, led by an organization called Taxpayers for Public Education, have have the legal right to challenge the program, which never went into effect because of litigation, and whether the program violates the Public Schools Finance Act.

A Denver judge, siding with a group of parents and civil-liberties organizations, put the program on hold in 2011. Last year, a three-member appellate court panel reversed the decision.

Dougco board member Craig Richardson said the district is confident in its case.

“The District welcomes the opportunity for the state’s highest court to review a case that presents such important issues for our state and our country,” Richardson said in a media release. “DCSD is committed to expanding choice for parents and one of the ways is our innovative Choice Scholarship Program. We believe the Court of Appeals will be affirmed and that the parents and children of our District will, someday soon, be afforded more educational choice.”

The Colorado branch of the American Civil Liberties Union was equally optimistic.

“The ACLU of Colorado is encouraged by the Colorado Supreme Court’s decision to hear the Douglas County school voucher case, and we look forward to arguing before the court that it must strike down the school district’s misguided funding scheme, which compels taxpayers to subsidize religious education in clear violation of the state constitution,” said Legal Director Mark Silverstein in a media release. “We are hopeful that the Supreme Court will end this misguided and unconstitutional diversion of taxpayer dollars before it is adopted by other districts around the state.”

The voucher program, which was unanimously passed by the Dougco school board in 2011, would have allowed up to 500 Douglas County students to use 75 percent of the district’s per-pupil funding – or $4,575 at the time – to attend a participating private school approved by the district.

Students would have been able to use those funds to attend private religious schools.

Schools that were interested in participating in the program had to have met certain criteria.

Thirty-four private schools applied to participate in the voucher program, known as the Choice Scholarship Program. Dougco had approved 23 of those schools.

Of the 23 schools, 14 were located outside Douglas County, and 16 teach religious doctrine.

The voucher program was modeled after other programs across the nation that have prevailed in court. It gave students the right to “receive a waiver from any required religious services at the [participating private school],” according to court documents.

two hats

Denver Public Schools’ glaring conflict: both authorizing and operating schools

Students at Greenlee Elementary School in northeast Denver last month (Eric Gorski, Chalkbeat).

Right after school let out, a line formed outside the second-floor staff room at Greenlee Elementary School in Denver. Teachers, staff, janitors and union representatives all crammed into the space to learn the fate of a school that had been on the ropes academically for years.

Denver Public Schools officials delivered the blow: The school would likely close after 2017-18 and be “restarted” with a new program.

What happened next at the meeting last fall epitomizes the challenges facing the state’s largest school district as it juggles two conflicting roles.

Deputy Superintendent Susana Cordova, whose mother attended Greenlee and who still has family in the neighborhood, got emotional as she told the room that district officials shared responsibility in Greenlee’s situation. Cordova pledged to support Principal Sheldon Reynolds’ application to run a replacement program at Greenlee, building on recent gains there.

Superintendent Tom Boasberg, also in the room, made clear that the competition to replace Greenlee would be open, and that he would play no favorites. It will be Boasberg’s job to recommend to the school board next month which applicants should run new programs at Greenlee and another DPS school being closed for poor performance: Amesse Elementary.

“That meeting was a great encapsulation of what it’s like — especially for me, but also for Susana — to be very explicit that we do wear two hats,” Boasberg told Chalkbeat. “It was a very important and challenging conversation.”

Those two hats are school authorizer and school operator. DPS says it has a “firewall” separating those who help run and support district-managed schools, and those who approve schools that make up the district’s nationally recognized “portfolio” of traditional district-run, charter, innovation and magnet schools.

Managing that separation can be complicated, messy and — this year — tension-filled.

Slower enrollment growth, scant opportunities to locate in a district-owned building, more high-quality district-run proposals and other factors have contributed to a contentious process.

In a district that has long supported charter schools, it is charter schools that are leading the criticism. Even after DPS took extra steps this year to address the operator/authorizer conflict, charter operators are saying the restart competitions have not been fair.

Such tensions are not uncommon in school districts, especially at those with significant charter school growth, said Robin Lake, director of the Center on Reinventing Public Education, a research and policy group at the University of Washington.

Bias may not be intentional — especially in districts like Denver committed to different governing structures — but it can be damaging to promoting great schools without labels, she said.

“There can be an internal schizophrenia in the main office about what its core job is,” Lake said.

Tensions are running highest in DPS over the competition for the Amesse restart in northeast Denver.

All three applicants are considered strong: local college-prep charter networks STRIVE Prep and University Prep, and a proposed district-run partnership between nearby McGlone Academy and existing Amesse staff called the Montbello Children’s Network.

University Prep remains an applicant but is no longer in the running after a DPS review found that its plans did not meet the requirements of a court order dictating how English language learners must be educated.

Before that development, University Prep CEO David Singer in an interview with Chalkbeat voiced concerns about how DPS is navigating the operator/authorizer conflict.

“There needs to be a level playing field where families can engage in a process that is not biased in one direction or another,” Singer said. “The process doesn’t feel like it’s in the right place yet.”

STRIVE was more pointed — and specific. Dani Morello, STRIVE’s outreach and engagement manager in far northeast Denver, said in written testimony at a school board meeting last month that the district being “both an authorizer and a restart competitor has been challenging and confusing.”

She said a lack of clear messaging has “led to the narrative within the school community that this process is a choice between applicants looking to change the school and those looking to keep it the same — which we find confusing and misrepresentative of all applicants.”

Morello also cited “differential access” to families and staff — including lists of family contact information made available to the district applicant long before the charter applicants.

STRIVE sees the conflict most evident in the decision to allow DPS’s Office of Family and Community Engagement “to directly organize for the district applicant,” Morello said.

“While we believe this effort is well-intentioned, it has the consequence of parents experiencing messages from district staff in an official capacity speaking about only one applicant, which has exacerbated confusion among families,” she said.

Both district officials and Sara Gips Goodall, principal of McGlone and proposed leader of the Montbello Children’s Network, disputed the STRIVE criticisms.

Goodall said that DPS is not spearheading her school’s application, and that she is “100 percent sure that no parents have experienced a single message from district staff in an official capacity speaking about one applicant.”

Goodall said her team did community outreach early on to gauge interest and incorporate community input into its plan. She said STRIVE, which has been seeking to build support to open a school in the neighborhood for the past couple of years, has been targeting parents aggressively.

“This is also what makes me sad: I actually view University Prep and STRIVE as some of our partners,” Goodall said. “One reason I moved back to Denver (to help lead McGlone in turnaround efforts) is because I loved the idea that charter-public was a collaboration and not competition.”

Charter schools have “huge” advantages as school applicants, Goodall said, including network staff who have experience navigating the process.

“I’m writing those plans on the weekend at a coffee shop,” she said.

Chris Gibbons, CEO of STRIVE, said the school board testimony had nothing to do with McGlone, and that STRIVE’s concerns rest with the district’s management process.

PHOTO: Eric Gorski
Parents pick up their children at Amesse Elementary, one of two schools that will be restarted.

“I would want Sara to know that and anyone to know that,” Gibbons said. “The critique of the process is that charter applicants did not have access to information until (their letters of intent to apply) had been received” by DPS, while the district-run applicant had access earlier.

Boasberg also took issue with some of STRIVE’s claims. He said all Amesse applicants got the same list of family contact information at the same time.

“It is true that one of the applicants did begin to organize and do efforts in the Amesse community earlier,” he said. “But there is nothing that prohibits hard work here.”

Boasberg said DPS’s Office of Family and Community Engagement, or FACE, had “absolutely nothing” to do with the running the process. DPS created a public affairs team in the superintendent’s office this year to communicate with school communities, taking FACE, which has deep relationships with families in schools, out of that process.

Said Cordova: “The whole idea was to not have a process that seems like it’s rigged.”

Gibbons said that STRIVE in its testimony was making reference to district assistance in the early organizing. Boasberg acknowledged that FACE supported McGlone to some extent, including providing examples of engagement and helping with meeting setup.

Overall, Boasberg said DPS has worked diligently to build a wall separating school authorizing — overseen by Jennifer Holladay, executive director of DPS’s portfolio management team — and the school operating role led by Cordova, the deputy superintendent.

DPS also has developed policies meant to bring more clarity — and less politics — to decision-making. In the last two years, DPS has laid out specific criteria for closing schools and for awarding district buildings to schools.

“This is not a new conflict,” Boasberg said. “It’s been with us for some time. I do think we in Denver have been more thoughtful and more proactive than any other district in the country.”

DPS this year formed Community Review Boards for both restarts that will weigh applicants against the district’s building allocation criteria and make recommendations to Boasberg. The boards include parent members, community members, professional reviewers and facilitators.

Boasberg underscored how important that new step will be: “I am going to greatly respect the Community Review Board’s recommendation in making my recommendation,” he said.

How Denver navigates the operator/authorizer conflict bears watching, said Martin West, an associate professor of education at the Harvard Graduate School of Education.

“Legitimate questions can be raised about whether a school district can be even-handed in a competition where it is both a player and referee,” West said. “It wouldn’t necessarily require intentionality to create situations where the district-managed school has a big advantage.”

PHOTO: Greenlee
Students at Greenlee Elementary

The competition for restarting Greenlee Elementary is not nearly as heated as the one at Amesse.

The only charter school to apply was Wyoming-based PODER Academy, and DPS staff this week said its application did not meet the district’s quality standards. The school leader strongly objected to the recommendation that it not be approved.

The restart is all but certain to go to a team led by current Greenlee principal Reynolds, who is proposing a new program called the Center for Talent Development at Greenlee Elementary.

Reynolds’ application promises challenging standards-based instruction, a rich roster of electives and a teacher development pipeline through the University of Colorado Denver.

As Reynolds has emphasized to those doubting whether he should stay at the helm, he is just completing his second year at Greenlee and has seen some positive academic growth after adopting a plan celebrating student accomplishments and strengthening school culture.

Reynolds said he believes the district has approached the process appropriately.

“I’ve definitely had district support, but it’s also been very clear there is a separation between that and them being fair and equitable in the process,” he said.

DPS has been encouraging such entrepreneurial leadership in-house, including replicating successful district-run models in new locations. That deeper pool of district-sponsored applicants is likely a contributing factor to some of the tensions.

Boasberg said he was surprised no local charter network applied for the Greenlee restart, and acknowledged that a perception that Reynolds would prevail likely played a role.

Reflecting on that emotional meeting in the Greenlee Elementary staff room, Cordova said she knows firsthand what happens to communities when things don’t work out. She was part of the team that devised a previous turnaround plan at Greenlee that didn’t succeed.

Cordova emphasized that her primary responsibility as deputy superintendent is to “support and lead our reform efforts in our district-managed schools.”

A few school districts have either relinquished the school operator role or are moving in that direction. Although Denver has experimented with different governance structures — including giving district-run schools more autonomy in a budding “innovation zone” — that is not in the district’s future.

Boasberg said DPS can wear both its operator and authorizer hats.

“It’s absolutely imperative,” he said, “that we do both jobs very well.”

Behind the brawl

Three things to know about the Tennessee school behind this week’s graduation brawl

PHOTO: Arlington Community Schools
Arlington High School is a 2,000-plus-student school in suburban Shelby County in southwest Tennessee.

Arlington High School is considered the crown jewel of a 3-year-old district in suburban Shelby County, even as its school community deals with the unwelcome attention of several viral videos showing a fight that broke out among adults attending its graduation ceremony.

The brawl, which reportedly began with a dispute over saved seats, detracted from Tuesday’s pomp and circumstance and the more than $30 million in scholarships earned by the school’s Class of 2017. No students were involved.

“It was unfortunate that a couple of adults in the audience exhibited the behavior they did prior to the ceremony beginning and thus has caused a distraction from the celebration of our students’ accomplishments,” Arlington Community Schools Superintendent Tammy Mason said in a statement.

Here are three things to know about the 13-year-old school in northwest Shelby County.

With more than 2,000 students, Arlington is one of the largest high schools in Shelby County and is part of a relatively new district.

It’s the pride of a suburban municipality that is one of six that seceded from Shelby County Schools in 2014 following the merger of the city and county districts the year before. (School district secessions are a national trend, usually of predominantly white communities leaving predominantly black urban school systems.) More than 70 percent of Arlington’s students are white, and 6 percent are considered economically disadvantaged — in stark contrast to the Memphis district where less than 8 percent are white, and almost 60 percent are considered economically disadvantaged.

The school’s graduation rate is high … and climbing.

Last year, after adding interventions for struggling students, the school’s graduation rate jumped a full point to more than 96 percent. Its students taking the ACT college entrance exam scored an average composite of 22.5 out of a possible 36, higher than the state average of 19.9. But only a fifth scored proficient or advanced in math and a third in English language arts during 2015-16, the last school year for which scores are available and a transition year for Tennessee under a new test.

PHOTO: Caroline Bauman
Education Commissioner Candice McQueen visits with students at Arlington High School during a 2016 tour.

The school was in the news last August when Tennessee Education Commissioner Candice McQueen visited its campus.

The commissioner spoke with students there to kick off her statewide listening tour that’s focused on ways to get students ready for college and career. McQueen highlighted the school’s extracurricular activities and students’  opportunities to intern for or shadow local professionals. She also complimented Arlington for having an engaged education community.