Exit interview

State Sen. Michael Johnston reflects on six years of education reform as term ends

PHOTO: Denver Post File
State Sen. Michael Johnston with his children on the Senate floor at the start of the 2012 session.

When Colorado lawmakers come together on Jan. 11, one of the most influential — and controversial — legislators to work on education policy this decade won’t be there.

State Sen. Michael Johnston, a Democrat who was first appointed to represent northeast Denver in 2009, is term-limited and won’t be back. He is, however, considering a bid to run for governor.

Before everyone begins focusing on the next legislative session (and the 2018 governor’s race), we sat down with Johnston to discuss his work on teacher evaluations, school funding, the future of the reform movement and why some people consider him the enemy.

This interview has been edited for clarity and length.

You ran your landmark bill that fundamentally changed the way teachers were evaluated and dismissed, Senate Bill 191, your first year in the legislature. Why was that your No. 1 priority? Were you afraid of losing any political capital?

I had been a teacher. I lived through the world of having evaluations that were meaningless and I couldn’t improve my practice. And I came into the legislature straight out of being a high school principal for six years. I felt I had the chance to learn a lot about what was working and what wasn’t working.

Evaluations felt sort of like health care — everyone knows the system is broken, but they didn’t agree on how to fix it. It seemed like the purpose of serving in the legislature was to get big things done. And that was more important than preserving political capital.

There are many facets to 191. One portion of the bill actually had its day in front of the state Supreme Court last week. What’s working with the law and what isn’t?

The thing we always knew would take time would be developing the culture of gathering and evaluating student data. We left a lot of flexibility for districts to do that. We figured some districts would be really innovative and find better ways than others would.

So unlike other states that mandated tethering data to a single test, we gave more flexibility about what test could be used.

One thing I’m convinced that is not working is schools that are using one single indicator for all teachers’ growth measures. So if they’re just using a fifth-grade English score to drive the growth metrics of a third-grade art teacher or an eighth-grade science teacher — that to me is not in the spirit of the bill.

It’s supposed to be about improvement and to improve it has to be about your own performance. So I’m more encouraged by the districts who are working with their teachers to find a way to measure growth in art in third grade and science in eighth grade.

Amy Erickson, policy director of the Senate majority office, left, listens to remarks with Sen. Mike Johnston, right, and his wife Courtney during an Amendment 66 watch party at the Marriott City Center in Denver on Nov. 5. Amendment 66 was defeated. (Craig F. Walker, The Denver Post)

Do you still believe a teacher’s evaluation should be based on how well students perform, even as some supporters of that idea have backed off?

I do. I think the notion that you can separate the success of adults from the success of kids — I don’t find that to be meaningful to the educators I know who are interested in making an impact.

Now, are there nuances of how you measure that? It’s as much art as it is science. Do I believe one score on one day is ever the picture of a student’s performance? No. But what teachers have done for generations, at the end of every semester, they give a student a grade that is the result of a complex analysis of a combination of skills and performance and demonstration of those skills.

There’s a similar complexity we want to gather about teachers. I think there is lots of work to do on how to fine-tune that, but I think that basic principle is as important today as it was then.

Talk to me about Amendment 66, which would have raised about a billion dollars in taxes for schools. Was that the biggest setback in your career?

I think so. Certainly, biggest failure. I have a lot of wise friends who say you learn more from your failures than your successes. That was certainly true.

What did you learn?

There is a reason we haven’t passed a statewide tax increase during the last 25 years of the TABOR era. People are very, very skeptical of taxes in a general application. And people are very, very skeptical of statewide taxes.

What does SB 191 do?
Senate Bill 191 rewrote many of the state’s laws regarding teacher evaluations, and hiring and firing practices. Here’s a look at some of what’s in SB 191.
  • Requires annual evaluations for teachers and administrators to “provide a basis for making decisions in the areas of hiring, compensation, promotion, assignment, professional development, earning and retaining non-probationary status, dismissal, and nonrenewal of contract.”
  • At least 50 percent of a teacher’s evaluation must be based on the academic growth of students, and at least 50 percent of a principal’s evaluation is to be determined by the academic growth of students in a school and the effectiveness of the school’s teachers.
  • Probationary teachers must have three consecutive years of demonstrated effectiveness to gain non-probationary status and non-probationary teachers who receive two consecutive years of unsatisfactory evaluations return to probation.
  • A teacher may be placed in a school only with the consent of the principal and the advice of at least two teachers who work at that school.
  • Effective non-probationary teachers who aren’t placed in a school will go into a priority hiring pool.
  • Non-probationary teachers who lose their jobs because of staff reductions will be given lists of all available jobs in their districts.
  • A non-probationary teacher who doesn’t find another job within 12 months or two hiring cycles will be placed on unpaid leave.
  • Teacher effectiveness, then seniority, will be considered when layoffs are made.

A person who I considered a friend was the statewide voice opposing Amendment 66 and was also the proponent of his own local district’s bond and mill levy override. So there are folks who you could get to support local districts but are much more skeptical about a statewide measure. The challenge is if you only allow a patchwork of local measures, you’re going to expand inequality across the state with places like Greeley and Pueblo that have never passed an override.

You need a really broad coalition if you’re going to do something that has never been done before — pass a large tax measure in this state. We lost the chambers (of commerce), and we lost the business community. I thought we could have won without the deep backing of that community. We were wrong about that.

I also thought one of the mistakes we made was that we were not clear about what was at stake. I think what we did was spend two years on a very complicated problem of school finance and the way it’s not equitable and inadequate, and — I’ll take responsibility for this — we didn’t think we could communicate that effectively in 15-second TV spots. So we tried to simplify the message down to the emotional resonance of what school felt like — art and P.E. and small class sizes. That was a mistake.

We need to engage people in a deep conversation around the fact that there are profound inequalities and inadequacies in the way schools are funded.

Another failure of Amendment 66 is that we didn’t just lose the vote count. It was that we didn’t use that opportunity to build a movement for further remedies of the same problem. People just saw it as the schools asked for more money. I think we failed to create the understanding of the problem, which would have kept people at the table to help solve the problem a different way.

I do think the upside is we did exactly what the Constitution asked us to do. We didn’t skirt TABOR. We didn’t play dirty tricks.

The other thing I learned is that when you’re defeated, you pick yourself back up. And that’s what we did. The next session, we came back and passed the Student Succeeds Act, which was, as far as I can tell, the single largest one-time investment in Colorado’s history. We put $400 million back into K-12. We put in one of the key improvements of the system, which was this financial transparency component. We looked for innovative ways to do what we wanted to for preschool and full-day kindergarten, which was the Pay-For-Success legislation. It will allow us to finance early ed in a different way.

People said, on some of these things, we don’t want to pay new taxes. So we went back and found ways under the current budget to find new revenue for schools and found new ways to find expansions of existing programs, like early childhood education, without adding new taxes.

Do you think there can be comprehensive school finance reform passed in the legislature without new taxes?

I think Amendment 66 (and it’s companion legislation Senate Bill 213) proved is that it’s going to be very hard to solve the problems of school funding equity with solving the problems of school funding adequacy. The reason why Amendment 66 got so expensive is because it tried to do both at the same time. I’m skeptical we can solve one of those problems without the other. And I’d hate to solve adequacy without solving equity.

The state enacted many education reform efforts between 2008 and 2012. And then, momentum behind the movement appeared to hit a roadblock. Some might say there was a pushback that led to the testing debate of 2015. What happened?

For me, it was very deliberate. It was always the conversation: Let’s build the system and then let’s adequately fund the system. So, I spent my first three years, which included the READ Act and the ASSET bill, making dramatic improvements up and down the system.

Gov. John Hickenlooper shakes hands with Sen. Mike Johnston after signing SB 13-213.

(The READ Act created a new system to identify students in kindergarten through third grade with reading disabilities. The ASSET bill provided in-state tuition for students who were born in another country but brought to the U.S. illegally as a student and graduated from a Colorado high school.)

We thought it would rebuild the public’s faith that the system should be funded more adequately. So the next phase of the work was funding, which was Senate Bill 213, Amendment 66 and the Student Success Act. Then, as I went around the state and talked to educators, they would say, “We believe this is the right work. But we also believe it’s incredibly complicated. We’re willing to be engaged and solve this. But you need to leave us alone for awhile for us to do that.”

So when people came to me in 2014 and 2015 and 2016 and they ask me what my next big crazy education idea is, I would say the idea is to help support educators in the big ideas we already have.

If you take any other profession and change the entire bulk of what you do, how you measure what you do and how you’re evaluated on what you do, all that the same time, that’s a huge overhaul.

Was it too much?

I don’t think so. There were a lot of unsung heroes in this work — like state Sen. Bob Bacon, who said, “We believe this is is the right thing to do. But let’s not pretend like we can do this in one year. Let’s give ourselves five years to implement.” Which is why this work has been gradual — and why I think it’s been more successful here than in some states.

In 2015, lawmakers took on the state’s testing system. While many of your peers were eager to cut testing, you were a staunch defender of the system. At times, it seemed like you might have been the only one standing up for testing. Did you ever feel lonely?

No. Some of the groups who came in to say, “Don’t throw this all out” were teachers. I think of the social studies test debate. Everyone said, ‘We don’t need this test.’ Then a bunch of social studies teachers showed up and said “Wait a second.” If you remember, that’s why a bill that looked like it was going to breeze through suddenly died at the Senate Ed committee. Teachers showed up en masse.

I had done a lot of traveling through the state to sit with third grade and second grade teachers during assessments. I believed they were right that there was a lot of duplicative assessments that needed to be streamlined. So I was supportive of the fact that we reduced testing by more than any of the other 49 states that year. I was glad to vote for it. I was also glad that we maintained some spine of data so we could track growth year to year.

That was a good example of how when good people are willing to work together and sit in the same room over and over and over, you get good outcomes.

Unfinished business?

There’s a lot.

PHOTO: Denver Post File
State Sen. Michael Johnston

Early childhood education is a huge piece of unfinished business. College access and affordability is a huge part of unfinished business. And I think all of the implementation that’s going to go around to perfect the system we’re trying to build is going to need a lot of time and resources.

What do you think distinguishes education reform in Colorado compared to the rest of the country?

I think we are distinctly more collaborative and thoughtful. I think we’re more patient. And I think we have a broader coalition of people who support us that goes well beyond the Capitol. It includes nonprofit leaders and civil right leaders and business leaders, people who have been engaged in this work for a long, long time. We’ve tried as much as possible to avoid it being a conversation of blame and more about improvement. I think there is just a tenor of how the conversation has gone.

Look, Randi Weingarten (president of the American Federation of Teachers) supported 191. She’s one of the most vocal union leaders in the country. But we talked to them early, we solved problems with them. They felt this was work they wanted to be a part of and work they could support. Other parts of the country, they found evaluations very hard. Here, the purpose was different. The work was lead by practitioners. We included practitioners in all the conversations. There were 205 amendments proposed to 191. Almost everyone I took was from an educator who walked through door was from an educator who said I had missed something important.

I think that’s made it very different.

How do you hope to shape the education debate from outside of the Capitol?

There’s a great new generation of leaders coming into the Capitol. I’ll be an ear or a sounding board for them as they get up and situated. I do find there are real upsides to term limits. You get more turnover in leadership and new ideas. The downside is you lose institutional memory. This year, there will be a very small number of people in either chamber who were there when we approved 191. So those new lawmakers weren’t there for the 300 people who spoke about why this bill mattered.

I want to be a resource, not just for 191, but for the much broader vision: early childhood education, attracting and retaining great teachers, making sure kids have access to any opportunity they want. It’s about situating individual parts of the debate into the bigger vision. I find when people see the bigger vision, they’re more supportive or more helpful with their feedback.

You’re a very polarizing figure. Why do you think that is?

I find I’m far less polarizing to people who know me. I think people who know me and work with me on a daily basis have a clearer sense for what my values are and that I’m going to try to get things done in a way that is respectful to everyone involved. If you talk with teachers I’ve worked with, even the folks who have come to oppose legislation I’ve been a part of, I’ve sat down with anyone who came to my door. And the more we did, the more we agreed than disagreed. I think there are people who spend a lot of time and effort trying to make a boogeyman. But people who sit down and work with me don’t have that perception. And it’s true in other policy areas. The ACLU disagreed with my work on felony DUIs. We sat down and reached a consensus. They didn’t love the idea, but they realized it was important. I was both respected and committed at the same time. But I also think I listened. I found that at close range, I’m much less of either pole.

rules and regs

New York adds some flexibility to its free college scholarship rules. Will it be enough for more students to benefit?

PHOTO: Office of Governor Andrew M. Cuomo
Governor Andrew Cuomo delivered his 2017 regional State of the State address at the University at Albany.

New York is offering more wiggle room in a controversial “Excelsior” scholarship requirement that students stay in-state after graduating, according to new regulations released Thursday afternoon.

Members of the military, for example, will be excused from the rule, as will those who can prove an “extreme hardship.”

Overall, however, the plan’s rules remain strict. Students are required to enroll full-time and to finish their degrees on time to be eligible for the scholarship — significantly limiting the number who will ultimately qualify.

“It’s a high bar for a low-income student,” said Sara Goldrick-Rab, a leading expert on college affordability and a professor at Temple University. “It’s going to be the main reason why students lose the scholarship.”

The scholarship covers free college tuition at any state college or university for students whose families earn less than $125,000 per year. But it comes with a major catch: Students who receive Excelsior funding must live and work in New York state for the same number of years after graduation as they receive the scholarship. If they fail to do so, their scholarships will be converted to loans, which the new regulations specify have 10-year terms and are interest-free.

The new regulations allow for some flexibility:

  • The loan can now be prorated. So if a student benefits from Excelsior for four years but moves out of state two years after graduation, the student would only owe two years of payments.
  • Those who lose the scholarship but remain in a state school, or complete a residency in-state, will have that time count toward paying off their award.
  • Members of the military get a reprieve: They will be counted as living and working in-state, regardless of where the person is stationed or deployed.
  • In cases of “extreme hardship,” students can apply for a waiver of the residency and work requirements. The regulations cite “disability” and “labor market conditions” as some examples of a hardship. A state spokeswoman said other situations that “may require that a student work to help meet the financial needs of their family” would qualify as a hardship, such as a death or the loss of a job by a parent.
  • Students who leave the state for graduate school or a residency can defer repaying their award. They would have to return to New York afterwards to avoid having the scholarship convert to a loan.

Some of law’s other requirements were also softened. The law requires students to enroll full-time and take average of 30 credits a year — even though many SUNY and CUNY students do not graduate on time. The new regulations would allow students to apply credits earned in high school toward the 30-credit completion requirement, and stipulates that students who are disabled do not have to enroll full-time to qualify.

early running

Denver school board race opens up as Rosemary Rodriguez announces she won’t seek re-election

PHOTO: Nicholas Garcia
Board member Rosemary Rodriguez speaks at Abraham Lincoln High (Chalkbeat file)

Denver school board member Rosemary Rodriguez said Wednesday that she is not running for re-election, putting her southwest Denver seat up for grabs in what will likely be a contentious school board campaign this fall with control of the board at stake.

Rodriguez told Chalkbeat she is retiring from her job as senior advisor to Democratic U.S. Senator Michael Bennet and plans to sell her home and buy a smaller one that belonged to her grandparents.

That home is not in her school board district, District 2, but in the district represented by board member Lisa Flores. With the exception of at-large members, Denver school board members must live in the districts they represent.

“If it weren’t the case, I would still be running,” Rodriguez said.

During her four-year tenure, Rodriguez worked with community groups and others to spotlight student achievement in southwest Denver, leading to new schools and better transportation.

Former Denver Public Schools teacher and Denver native Angela Cobian announced Wednesday that she is running for the seat. Rodriguez has endorsed Cobian, a political newcomer who works for the nonprofit Leadership for Educational Equity, which helps Teach for America members and alumni get involved in politics and advocacy.

All seven current board members support Denver’s nationally known brand of education reform, which includes a “portfolio” of traditional district-run, charter, magnet and innovation schools.

With four of the the board’s seats up for grabs this November, the campaign presents an opportunity for opponents of those reforms to again try to get a voice on the board.

The field is still very much taking shape. The most competitive race so far involves District 4 in northeast Denver. Incumbent Rachele Espiritu, who was appointed to the seat last year, announced her campaign earlier this month. The board chose Espiritu after its initial pick, MiDian Holmes, withdrew after a child abuse case came to light and she was not forthcoming with all the details.

Also filing paperwork to run in District 4 is Jennifer Bacon, who was a finalist in the process that led to the board picking Espiritu. Auontai “Tay” Anderson, the student body president of Manual High School, declared his candidacy for the northeast Denver seat in April.

Incumbents Mike Johnson and Barbara O’Brien have not yet filed election paperwork with the state. Two candidates have declared for O’Brien’s at-large seat: Julie Banuelos and Jo Ann Fujioka.