it's over

Democrats seize control of State Board of Education with narrow win in contested district

PHOTO: Nicholas Garcia
Rebecca McClellan, a candidate for the State Board of Education, greets a participant at a forum in Aurora.

Democratic challenger Rebecca McClellan has outlasted incumbent Republican Debora Scheffel in a hard-fought State Board of Education race that extended beyond Election Day, handing Democrats control of the governing board for the first time in nearly 50 years.

McClellan, a former Centennial City Council member, has an insurmountable lead of 1,296 votes over Debora Scheffel, a career educator and dean of the School of Education at Colorado Christian University, according to the latest unofficial results released Friday.

The Democrat will represent the politically diverse 6th Congressional District, which includes large portions of Arapahoe County and smaller parts of Adams and Douglas counties.

“It’s exciting, very exciting” McClellan told Chalkbeat. “I think that people in the district really believe in public education, particularly in the Cherry Creek School District. … It’s not a trivial matter. I think people want to see their public schools preserved.”

Scheffel led in early returns Election Day, but McClellan pulled ahead as more ballots were counted.

Scheffel, reached by phone Friday, said she had not reviewed the results.

“I want to look at it,” she said. “Clearly, it was really tight and there was a lot of hard work put in by both sides. I just want to see if there are any other steps I may want to pursue.”

The tightness of the race set off a battle between Democrats and Republicans in the week following Election Day to make sure ballots set aside for signature problems and other irregularities ended up in the final count. The deadline to “cure” ballots was Wednesday.

The results released Friday that clinched McClellan’s win included cured ballots, provisional ballots and military and overseas ballots. All three counties released updated vote tallies. A little more than 100 ballots have yet to be counted in Douglas County, a county official said late Friday afternoon.

Although tight, the outcome is not close enough to trigger an automatic recount. Under state law, votes must be counted again if the difference between the candidates is be less than or equal to one-half of 1 percent of the winner’s total vote count.

Under the current votes counted, that would mean a margin of 898 votes or fewer.

The congressional district is among the most competitive in the state. It was redrawn in 2011 after Scheffel was elected. Prior to that, Republicans had a considerable edge in voter registration. Now the electorate is split nearly evenly among Republicans, Democrats and unaffiliated voters.

The nail-biting election comes at a critical juncture. The board is about to begin addressing how to fix the state’s lowest performing schools, and the state will begin a review of its academic standards that include the politically controversial Common Core State Standards.

The state must also submit a plan to the federal government detailing how it plans to use federal funds to meet the expectations laid out in the nation’s new education law, the Every Student Succeeds Act.

It has been 46 years since Democrats last controlled the state board.

Rolling Back Protections

Colorado’s transgender students will still get to use the bathrooms they choose despite Trump’s order. Here’s why

Six-year-old Coy Mathis in 2013. The Colorado Civil Rights Division ruled that her Fountain school violated her civil rights when it denied her access to the girl's restroom.

Colorado students shouldn’t have to worry about new guidance from the Trump administration that rescinds federal protections for transgender students because of existing state law here.

Colorado lawmakers in 2008 passed a law that forbids discrimination on the basis of sexual orientation and gender identity in public places — including schools.

That law was put to the test in 2013 when a 6-year-old transgender student in Fountain was denied access to a girls’ restroom. The Colorado Civil Rights Division ruled that Eagleside Elementary School violated Coy Mathis’s rights to use the restroom that best aligned with her gender identity.

The ruling was considered a landmark victory for transgender rights in the state and elsewhere.

In 2016, the Obama administration attempted to shore up protections for transgender students under Title IX, the federal statute that since 1972 has outlined protections for students based on sex.

But a federal court blocked the U.S.Department of Education from enforcing schools to allow transgender students to use the restroom of their choice.

Now, the Trump administration is revoking those protections in a move announced Wednesday.

The result: protections for transgender students in some states, such as Colorado, but not in others. Thirty three states have no local laws protecting transgender students’ rights to use the restroom of their choice.

U.S. Secretary of Education Betsy DeVos — who reportedly urged Trump not to roll back the Obama-era protections — said in a statement the department was committed to protecting the rights of all students, but added the issue should be left to states and local school districts.

“Schools, communities, and families can find – and in many cases have found – solutions that protect all students,” she said. “We owe all students a commitment to ensure they have access to a learning environment that is free of discrimination, bullying and harassment.”

Civil rights groups were quick to criticize the new order.

“This is a serious attack by the Trump Administration on transgender students; opening them up to harassment, discrimination, and violence in their schools,” said One Colorado, the state’s largest lesbian, gay, bisexual and transgender advocacy group. “No student should ever have to go through the experience of feeling unwelcome at their school or college campus. Luckily, Colorado has been on the right side of this issue for years, by including sexual orientation and gender identity in its non-discrimination law, passed in 2008.”

Update: This post has been updated to include a comment from One Colorado.

Newcomers

Indianapolis Public Schools board votes tomorrow on a resolution to support undocumented students. We annotated it.

PHOTO: Alan Petersime

The Indianapolis Public School board can’t protect undocumented immigrants from deportation. But it can do its best to reassure families that school is still safe.

The board will vote Thursday on a largely symbolic resolution to show support for undocumented students.

The move comes amid rising tensions over the Trump administration’s plans to crack down on undocumented immigrants. At recent meetings parents have spoken to the board about families’ fears, and teachers have struggled to reassure anxious students.

“We’ve heard concerns from a number of immigrant students and families,” said board president Mary Ann Sullivan. “We want to communicate our commitment to serving and supporting them in every way we can.”

Superintendent Lewis Ferebee said that the district is already working to serve immigrant students.

“I don’t see it changing our work and what we do already,” he said. “This is the commissioners’ way, and the administration’s, of assuring families that we will continue to maintain the welcoming environment that we have.”

What follows is the full text of the resolution. We’ve annotated it with links to our past coverage and context. Click on the highlighted passages to read our annotations.

RESOLUTION NO. 7736 – February 23rd, 2017
REAFFIRMING THE COMMITMENT TO CREATING A SAFE AND SUPPORTIVE LEARNING ENVIRONMENT FOR ALL STUDENTS REGARDLESS OF IMMIGRATION STATUS

WHEREAS, Indianapolis Public Schools (“IPS”) is committed to creating a safe, supportive, and welcoming learning environment regardless of, among other things, race, religion, nationality, sexual identity, ability, or immigration status; and

WHEREAS, the U.S. Supreme Court in Plyler v. Doe (1982) recognized the injustice of placing discriminatory burdens on the basis of legal characteristics over which children have no control, and held it unconstitutional to deny a free, public education to children who are not legally admitted into the United States; and

WHEREAS, the Board of School Commissioners recognizes the tremendous value and diversity that immigrant students and families bring to the school district; and

WHEREAS, the Board approved the establishment of a Newcomer Program in April 2016 to provide additional academic and community supports to students and families that have recently immigrated to the United States; and

WHEREAS, the Board of School Commissioners, and every person in its employ, is committed to standing with, and supporting, all IPS students and families to the fullest extent possible while complying with all local, state, and federal law;

THEREFORE BE IT RESOLVED, by the Board of School Commissioners of the City of Indianapolis, that to the extent permitted by applicable law:

  • IPS will remain a safe and welcoming place for all students and families regardless of their immigration status;
  • IPS policies against intimidation, bullying, or discrimination of any student, including those born outside of the United States or for whom English is a second language, will continue to be strictly enforced to ensure that all students are treated with dignity and respect;
  • IPS will continue to seek opportunities to increase and enhance programs and partnerships that support and assist immigrant students and families;
  • IPS employees shall continue to follow the policy and practice of not requiring social security numbers for any enrolled or enrolling student and will continue to refrain from inquiring about a student’s or parent’s immigration status;
  • As in the past, IPS employees will not collect or provide any information regarding a student’s (or his/her family’s) immigration status, except as legally required;
  • The Board supports U.S. Immigration and Customs Enforcement policy that restricts enforcement actions by ICE officers and agents in or around schools, and reminds IPS employees that they shall not assist immigration enforcement efforts unless legally required and authorized to do so by the Superintendent.

The foregoing Resolution No. 7736 was passed by the Board of School Commissioners of the City of Indianapolis this 23rd day of February, 2017.