'a bit stuck'

Impasse declared in Denver teacher contract negotiations, prompting criticism from union

PHOTO: Marissa Page
Teachers watch a bargaining session between Denver Public Schools and the Denver teachers union on June 22.

For the first time in recent history, Denver Public Schools has declared an impasse in ongoing negotiations with the teachers union over a contract governing teacher pay, workload and more.

The declaration means the two sides, which have been bargaining since January, will continue negotiations but with the aid of a mediator. In the past, DPS and the Denver Classroom Teachers Association have mutually agreed to mediation without one side having to call an impasse to trigger it, said DPS deputy general counsel and lead negotiator Michelle Berge.

But this year, the union refused. DCTA wanted to keep negotiations as public as possible and avoid private meetings with mediators, said DCTA deputy executive director Corey Kern.

In 2014, Colorado voters approved a change to state law that requires contract negotiations between school districts and employee groups to be open to the public. The Denver teachers union has been taking advantage of the public sessions, inviting teachers to attend and talk to negotiators about their experiences and how various proposals would affect them.

Union leaders see the impasse as a way to silence that voice. Their belief stems in part from the fact that the district wants to use a mediator from the Federal Mediation and Conciliation Service, which helps resolve collective bargaining disputes free of charge.

Although the bargaining sessions would still be public, the mediator could meet with each side separately in private to help them craft proposals, a spokesman for the service said.

That’s not true public bargaining, Kern said.

He said it’s been DCTA’s experience that “the two parties spend most of the time in two rooms apart and the mediator is shuttling back and forth between those two rooms and talking about issues without the public present.” The two sides’ proposals would be shared publicly, but the public would miss out on hearing the thought processes behind them, Kern said.

Even though the district had requested several times to move to mutually agreed-upon mediation, Kern said DCTA was “blindsided” by the impasse declaration a day after a bargaining session that the union felt was productive.

Berge said the district decided to call an impasse because “a number of challenging issues remain where we’re a bit stuck.” Those issues include how much teachers should be paid, the benefits they receive and how they should be evaluated.

The hope, Berge said, is that a mediator will help the two sides find common ground. The mediator DPS wants to use is someone whom the district and union have worked with before.

“Those of us who are involved, we are deep in on this,” Berge said. “Sometimes we’re emotional. It’s tough stuff. A mediator is an independent person who can step above that.”

The current teachers contract expires Aug. 31. The two sides are scheduled to meet again July 24 at McKinley-Thatcher Elementary School in Denver. There are two bargaining sessions set for late July and five scheduled for early and mid-August.

promoting choice

Betsy DeVos defends vouchers and slams AFT in her speech to conservatives

U.S. Education Secretary Betsy DeVos rallied a conservative crowd in Denver on Thursday, criticizing teachers unions and local protesters and defending private-school vouchers as a way to help disadvantaged students.

“Our opponents, the defenders of the status quo, only protest those capable of implementing real change,” DeVos told members of the American Legislative Exchange Council, an influential conservative group that helps shape legislative policy across the country. “You represent real change.”

DeVos delivered the keynote speech at the ALEC meeting, where she reiterated her support for local control of schools and school choice. Citing the conservative former British Prime Minister Margaret Thatcher, she said education should be about individual students and families, not school systems.

“Lady Thatcher regretted that too many seem to blame all their problems on society. But, ‘who is society?’” DeVos asked, quoting Thatcher. “‘There is no such thing!’”

The American Federation of Teachers, she said, has exactly the opposite idea.

“Parents have seen that defenders of the status quo don’t have their kids’ interests at heart,” she said.

AFT President Randi Weingarten threw punches of her own Thursday, calling private school vouchers “only slightly more polite cousins of segregation” in a Washington, D.C. speech.

DeVos highlighted states that have introduced vouchers or new school-choice programs including North Carolina, Kentucky and Arizona. Indiana — home to the nation’s largest voucher program — also won praise.

Data from existing voucher programs may have sparked the one critical question DeVos faced, during a brief sit-down after her speech. Legislators want to know how to respond to complaints that voucher programs only help wealthy families, the moderator, an Arizona lawmaker, told DeVos.

In Indiana, for instance, vouchers are increasingly popular in wealthy school districts and among families whose students had not previously attended public school.

“I just dismiss that as a patently false argument,” DeVos said. “Wealthy people already have choice. They’re making choices every day, every year, by moving somewhere where they determine the schools are right for their children or by paying tuition if they haven’t moved somewhere.”

Earlier this year, DeVos criticized Denver as not offering enough school choice because Colorado does not have private school vouchers. Still, presenters at the conference Thursday introduced Denver to ALEC members — conservative legislators, business leaders and lobbyists — as “living proof” that charter schools and competition work.

A local Denver school board candidate, Tay Anderson, and state union leaders held a protest Wednesday ahead of DeVos’s speech. Attendees said they were concerned that ALEC’s efforts, and DeVos’s focus on vouchers and school choice, would hurt public schools.

DeVos didn’t make mention of Denver or Colorado in her speech Thursday, but she briefly referenced the protest.

“I consider the excitement a badge of honor, and so should you,” she said.

out of the running

Denver school board candidate Jo Ann Fujioka withdrawing from at-large race

PHOTO: Daniel Brenner/Special to the Denver Post
Jo Ann Fujioka, center, holds signs and participates in a song during a Rally for Health Care earlier this month.

One of three candidates vying to unseat Denver school board vice president Barbara O’Brien has announced that she is dropping out of the race.

Jo Ann Fujioka said in an email message to supporters this week that she’s ending her candidacy because two other candidates backed out of running with her as a three-person slate. No other candidates have dropped out of the race.

Fujioka, a former Jeffco Public Schools nurse and administrator who lives in Denver, said consultants hired by the Denver Classroom Teachers Association “pressured the other two candidates to withdraw from the slate and then informed me, ‘You bring nothing to the table.’”

Fujioka declined to name the other two candidates or the consultants. Asked about Fujioka’s withdrawal, union president Henry Roman said, “We have strong candidates in every district.”

Four seats on the seven-member Denver Public Schools board are up for election in November. All seven seats are currently held by board members who support the superintendent’s vision, which includes embracing school choice and replacing low-performing schools.

Three incumbents are running for re-election. In the fourth race, the incumbent has endorsed a candidate. Every race is now contested, and every race includes at least one candidate who disagrees with the superintendent’s vision.

Fujioka was running for the at-large seat held by O’Brien on a platform of opposing school closures and new charter schools. Fujioka said her strategy from the beginning was to form a slate of four like-minded candidates. (Until recently, only three races were contested, which is why she said the proposed slate had three members.)

The idea, she said, was that the slate would stand together against the district’s reforms, which she and others have sought to tie to the policies championed by U.S. Education Secretary Betsy DeVos.

DeVos is best known for supporting private school vouchers, which DPS opposes.

“There’s a national anti-voucher, anti-DeVos, anti-Trump feeling,” Fujioka said. “…The fact that there are lots of activists against it, coupled with a ticket of four people saying, ‘This is what we’re railing against,’ that’s the advantage I see.”

Running individual campaigns against the incumbents would be more difficult, she said. When it became clear the slate wasn’t going to happen, Fujioka said she decided to withdraw from the race altogether — and explain her reasoning in a message to supporters, which she also posted on her website.

“It isn’t just that I quit,” she said. “That’s why I put that out there.”

O’Brien, who previously served as Colorado’s lieutenant governor for four years, responded to Fujioka’s statement with a press release saying she was disheartened to learn the reason that one of her opponents was dropping out of the race.

“Too often, women in politics find themselves facing unreasonable institutional barriers,” O’Brien said. “It’s discouraging, misguided and just plain wrong. … That a fellow progressive voice was forced to exit the race because consultants told her, ‘You bring nothing to the table,’ is more of the same that women in public service, and everywhere, have to tolerate.”

Fujioka called O’Brien’s statement “the sleaziest piece of campaign propaganda” she’d seen.

“I am appalled at Barbara hopping on this like a vulture to make it sound like she is so empathetic to my situation as a woman, when it really had nothing to do with being a woman,” Fujioka said. “Such a blatant appeal to women is shoddy at best.”

O’Brien said her statement was heartfelt.

Two other candidates confirmed that they’re still in the running against O’Brien: northwest Denver father Robert Speth, who narrowly lost an election to a school board incumbent in 2015, and former DPS teacher Julie Banuelos.

In the race for the board seat representing northeast Denver, two candidates — Tay Anderson and Jennifer Bacon — are challenging incumbent Rachele Espiritu.

In central east Denver, candidate Carrie A. Olson is challenging incumbent Mike Johnson.

And in southwest Denver, candidate Xochitl “Sochi” Gaytan is challenging candidate Angela Cobian, who has been endorsed by the board member who currently holds that seat.