Follow Up

These 16 school districts haven’t updated their teacher contracts to comply with evaluation law, report finds

Some of Colorado’s largest school districts have not updated contract language governing layoffs to factor in teacher performance as required by state law, according to a new report.

Such layoffs are exceedingly rare — and representatives from two districts named in the Independence Institute report said they would follow the law if the situation arose.

The report, released Monday by the Denver-based libertarian think tank, found 16 school districts including Denver and St. Vrain have provisions in their teacher contracts that violate the state’s educator effectiveness laws.  

Passed with bipartisan support in 2010, Colorado’s educator effectiveness law changed the way schools were supposed to evaluate teachers, and lay them off if necessary.

That provision of the law went into effect in 2012 and requires schools to include a teacher’s performance as a factor in deciding whom to lay off if teaching positions must be cut.

The report says that 16 school districts — slightly less than half of all the Colorado school districts that negotiate with teachers unions — are not considering performance when they need to reduce the overall number of teachers.

A true “reduction in force,” when a district must make layoffs, is a rare event, said Ross Izard, the author of the report.

Michelle Berge, deputy general counsel for Denver Public Schools, said the district’s policy has long expired and is not enforceable.

“DPS had the option to renegotiate new provisions regarding (layoffs) in order to align with SB191 requirements,” Berge wrote in an email. “We elected not to do so because we have been projecting student enrollment growth for so many years that we knew we would not have the conditions for a reduction in force.”

Officials from DPS were unable to identify the last time the district had to use across-the-board layoffs. The district has cut teaching jobs at individual schools.

The St. Vrain School District last laid off teachers about nine years ago, said Ella Padilla, assistant superintendent of human resources.

Like Denver, the district has not prioritized updating that section of its teachers contract due to resources, she said. She added, “state law trumps the district’s agreement.”

Padilla said she believes the district is in compliance with all other provisions of the state’s effectiveness law.

Izard said just because a school district hasn’t hasn’t had to lay off teachers in recent memory doesn’t mean it can’t happen.

“The economy is volatile,” he said, noting a sluggish economic forecast for the state.

One school district named in the report said it has updated its policies. In 2014, The Cherry Creek School District wrote a new “displacement” policy that outlines how teacher positions are eliminated.

It “does address using evaluations to determine how teachers would be dismissed in the event the board of education took formal action to eliminate positions,” said Tustin Amole, the district’s spokeswoman. “And it would require board action to eliminate positions to start the layoff process which is outlined in the policy.”

Here are the 16 districts the report says has out for out of date policies:

  • Boulder Valley School District
  • Brighton 27J
  • Centennial R-1
  • Center 26 JT
  • Cherry Creek School District
  • Denver Public Schools
  • Gunnison Watershed RE-1J
  • Lake County R-1
  • Mapleton Public Schools
  • Pueblo County 70
  • Salida R-32J
  • St. Vrain Valley School District
  • Summit RE-1
  • Telluride R-1
  • Trinidad 1
  • Westminster Public Schools

Update: This post has been updated to reflect new information from the Cherry Creek School District. An earlier version said the district has not updated its policy, but it has. This post has also been updated to better reflect when a reduction in force can occur. 

What's your education story?

How this teacher went from so nervous her “voice was cracking” to a policy advocate

PHOTO: Provided
Jean Russell

Jean Russell is on sabbatical from her work as a literacy coach at Haverhill Elementary School in Fort Wayne after being named the 2016 Indiana Teacher of the Year. Her work as 2016 Indiana Teacher of the Year ignited her interest in education policy, and she is in the first cohort of TeachPlus statewide policy fellows. Nineteen other teachers from urban, suburban and rural areas are also members of the class. Below is Russell’s story condensed and lightly edited for clarity. For more stories from parents, students and educators, see our “What’s Your Education Story?” occasional series.

When I started this January as the 2016 Indiana Teacher of the Year, my overarching goal for my year of service is to focus on recruitment and retention of great teachers. One of the things that came up was the opportunity to serve on the ISTEP alternative assessment panel. (The committee was charged with choosing a replacement for the state’s exam.)

I definitely felt like that was something that is affecting recruitment and retention of great teachers in Indiana, and yet I was reticent about whether or not I was equipped to really be a part of that and to be a helpful voice at the table because policy is not something in my 26 years of teaching that I’ve had anything to do with before this.

The first couple of times that I went to those meetings, I like I just was out of my league, and I didn’t really feel like there was much I could contribute. And I think it was the third meeting, there came a point where a couple of people were saying things where I just felt like having the inside-the-classroom, in-the-trenches voice would really help the conversation.

I was so nervous. I remember, I was shaking, and my voice was cracking. The meetings were in the House of Representatives, so I had to push the button and lean into the microphone, and I’m like, “Hi, I’m Jean Russell.”

But I said what I knew, “I’ve been giving this test for 25 years and these are my experiences, and this is what I think.” I think the biggest surprise in that moment — I won’t ever forget that moment — was that they listened. And I knew that because they were asking good follow-up questions and making references back to what I had said. It sort of became a part of that conversation for that meeting. I never became very outspoken, but I think at that point, I realized that there is most assuredly a time when teacher voice at the table is important to decision making.

I feel like the four walls of my classroom just blew down, and suddenly I realized how many stakeholders there are in my little classroom, in my little hallway, in my little school.

(In the past, policy) just did not make my radar. I think I just felt like, nobody was really interested in what I thought. The work of the classroom is so intense and there’s such a sense of urgency every day to move everybody forward that this broader idea of education, I think I just thought it was something that happened to you and you just work within those parameters. For the first time in 26 years, I’m realizing that that’s not necessarily the case.

Building Better Teachers

20 educators from across Indiana have the chance to transform their profession

PHOTO: Dylan Peers McCoy
The first cohort of TeachPlus statewide policy fellows.

The Indianapolis branch of TeachPlus announced its newest cohort of policy fellows Wednesday, and there’s something a little bit different: For the first time, the 20 educators who will join the group are from rural, suburban and urban districts across Indiana.

TeachPlus is part of a national organization that trains teachers to advocate for policy, and it has been working with educators in Indianapolis since 2009. The group has played an influential role in Marion County, working with Indianapolis Public Schools on teacher evaluation models and pushing for a common enrollment system for public and charter schools. TeachPlus will continue a separate Indianapolis policy fellowship.

But as TeachPlus has focused on lobbying the legislature, it became clear that it should expand its membership to include educators from across the state, explained policy director Patrick McAlister. In part, that’s because legislators often give special attention to teachers from their own communities, he said.

“Sometimes the messenger is important when you are trying to shape policy and if a teacher or a person from your hometown says an issue is important, legislators listen,” he said. “There is so much focus on Indianapolis that voices from rural and suburban communities sometimes aren’t heard.”

While teachers from communities across the state bring different perspectives, McAlister said, they often share many of the same priorities, such as improving leadership opportunities.

(Read: Jean Russell, one of the new fellows, shared her experience finding her voice as a policy advocate with Chalkbeat.)

Here are the 20 educators who were chosen as statewide policy fellows:

Lesley Bright of Carlisle Middle School in Carlisle, IN

Carmen Napolitano of Fishers High School in Fishers, IN

Abby Taylor of Geist Elementary in Fishers, IN

Dominique Barnes of Mabel K. Holland in Fort Wayne, IN

Christopher McGrew of Haverhill Elementary School in Fort Wayne, IN

Robert McKerr of Carroll High School in Fort Wayne, IN

Jean Russell of Haverhill Elementary School in Fort Wayne, IN

Jessica Carlson of Garrett Middle School in Garrett, IN

Yvonne Lucas of Frankie Woods McCullough Girls’ Academy in Gary, IN

Liz Martin of Goshen Middle School in Goshen, IN

Jodi Koors of North Decatur Elementary School in Greensburg, IN

Christy Diehl of Jefferson High School in Lafayette, IN

John Gensic of Penn High School in Mishawaka, IN

Brittany Snyder of Northside Middle School in Muncie, IN

Megan Bilbo of Noblesville High School in Noblesville, IN

Allison Larty of Noblesville High School in Noblesville, IN

Michael Wallace of Sullivan High School in Sullivan, IN

Marianne Mazely-Allen of Terre Haute North Vigo High School in Terre Haute, IN

Kelly Day of Westfield Middle School in Westfield, IN

Amy Heath of Pleasant View Elementary in Yorktown, IN