Who Is In Charge

Shaffer plans online ed bills in 2012

Colorado’s top senator says he’ll introduce legislation to “rein in” online schools after his request for an online education audit was rejected Tuesday on a party-line vote by the Legislative Audit Committee.

Colorado Capitol“I am very disappointed Republicans chose to make this into a partisan issue, instead of simply doing the right thing,” said Senate President Brandon Shaffer, D-Longmont.

“Despite overwhelming evidence of widespread fraud and abuse by online schools, they blocked an audit that would have saved Colorado taxpayers millions of dollars,” Shaffer said after the vote. “I will bring forward legislation during the 2012 session to reign in these abuses and restore accountability to the system.”

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But Republican lawmakers said Shaffer’s request was political and they proposed an alternative – an audit focused on all K-12 schools, rather than narrowly tailored to online programs. That idea was rejected by Democrats.

“Let’s look at the big picture of this and truly audit something that will be useful instead of something that will be only used as a political wedge on one form of education,” said Sen. Scott Renfroe, R-Greeley.

“An attack on parental choice is what we’re really looking at here,” Renfroe said, “as opposed to trying to solve the problem of our failure of our education system at some levels.”

Auditor proposes report by summer answering four key questions

Shaffer requested an emergency audit of full-time K-12 online schools on Sept. 26, citing concerns about poor performance, high dropout rates and lack of oversight.

Members of the Legislative Audit Committee agreed on a 5-3 vote – with Sen. Steve King, R-Grand Junction, joining four Democrats – to authorize State Auditor Dianne Ray to study the feasibility of an audit and report back Tuesday.

Meanwhile, Shaffer renewed his appeal for an audit on Oct. 18, citing an array of media reports highlighting concerns about online programs, including a three-part series by Education News Colorado and the Rocky Mountain Investigative News Network.

At Tuesday’s audit committee meeting, deputy state auditor Monica Bowers presented a three-page response that proposed an audit addressing four questions:

  • How has the Colorado Department of Education utilized student performance data, school performance measures and the online school certification process to hold online schools accountable for meeting state student performance standards?
  • What happens to students who drop out of online and brick-and-mortar schools and to state funding associated with these students?
  • What role for “for profit” companies play in the online program and how do CSAP scores and graduation rates for students attending online schools run by “for profit” companies compare with students attending other online schools?
  • Does the CDE’s pupil count and per-pupil revenue funding structure effectively support the cost of educating students online?

Bowers said the audit could be released next summer, though Shaffer had asked for its completion in time to assist state lawmakers during the 2012 General Assembly.

Rep. Cindy Acree, R-Aurora, immediately questioned the scope of the audit, asking why all K-12 schools weren’t included.

“I can tell you I think there is tremendous problems right now in all of our public schools, regardless of whether they’re online or not,” she said. “So I’m concerned at why we need to do this audit.”

Republicans argue to expand audit to include all K-12 schools

Ray estimated a broader audit would take significantly longer.

“We wouldn’t be looking at having this ready in the summer if we’re taking on all K-12,” she said. “I’m thinking a couple of years.”

“We wouldn’t be looking at having this ready in the summer if we’re taking on all K-12. I’m thinking a couple of years.”
— State Auditor Dianne Ray

Rep. Deb Gardner, D-Boulder, said she had heard concerns from school district officials in her area about online students transferring back to brick-and-mortar schools after the Oct. 1 pupil count date, meaning their state funding did not follow them.

But it was mostly anecdotes, she said, and she wanted hard data.

“That would be one of the hopes I would see, that we would turn anecdotal information into real information,” Gardner said.

Bowers said auditors hoped to track students going both ways – from online to brick-and-mortar and from brick-and-mortar to online.

Ultimately, though, the four committee Republicans were unable to convince the four committee Democrats to expand the audit. And Democrats were not able to persuade Republicans to look at online schools only.

Sen. Lois Tochtrop, D-Thornton, repeatedly suggested that Republicans submit requests for the larger audit and asked them to focus on the narrower request in front of them.

“Let’s look at the whole thing now,” Renfroe said. “Why spend the money on two separate audits?”

Shaffer promises to pursue issue via legislation in 2012

Acree proposed amending the audit request to include all K-12 schools, which died on a 4-4 party-line vote. The original motion to conduct the online audit then died along similar partisan lines.

“Whenever an audit like this one dies, it’s important that we ask the question why,” said Rep. Joe Miklosi, D-Denver. “And to me, this is not a political agenda, it’s an effort to make sure that taxpayer dollars are being spent prudently to ensure higher graduation rates.”

Miklosi blamed the partisan split on the belief by some members that Shaffer, who is seeking to oust U.S. Rep. Cory Gardner, was “using it as a political tool. I don’t believe that.”

King, who originally voted to look at the feasibility of an online audit, said he did so partly out of respect for Shaffer’s leadership role and partly because it was presented as an “emergency” request and he wanted time to gather information.

So he visited an online school in his area and talked to students.

“They were at-risk students, they were students that were going to fail if they didn’t have another option and the online option was working for them,” King said. “I think we need to give all of our students options for success. That includes online, that includes home-schooling, that includes brick-and-mortar.”

He also said he believed there was more chance for taxpayer dollars being wasted in all of K-12 rather than online programs serving a tiny portion of students.

“I would venture to say there is some areas that we need to reform in online education,” King said. “But there is a heck of a lot of areas that we need to reform in brick-and-mortar schools.”

Shortly after the vote, Shaffer issued a news release saying he’ll pursue the issue via legislation.

“While today’s vote is disappointing, it’s not entirely unexpected,” he said. “Lobbyists representing online schools are extremely powerful in the legislature, and that’s why these schools have a sweetheart deal with no accountability or oversight.”

Vote by Legislative Audit Committee on online schools audit

  • Voting for online schools audit – Rep. Deb Gardner, D-Boulder; Sen. Lucia Guzman, D-Denver; Rep. Joe Miklosi, D-Denver; Sen. Lois Tochtrop, D-Thornton
  • Voting against online schools audit – Rep. Cindy Acree, R-Aurora; Rep. Brian DelGrosso, R-Larimer County (filling in for Rep. James Kerr, R-Lakewood); Sen. Steve King, R-Grand Junction; Sen. Scott Renfroe, R-Greeley

the one to watch

Inside the three-candidate battle for northeast Denver’s school board seat

File photo of student at Marrama Elementary School in northeast Denver. (The Denver Post)

Of the Denver school board races on the November ballot, none packs more intrigue than the fight for District 4.

The three-person slate of candidates features an appointed incumbent who’s never run for office and supports the district’s current path, an outspoken recent high school graduate who sharply disagrees, and a former charter school educator with a more nuanced view and — in what on its surface may seem surprising — the endorsement of the teachers union.

The seat represents a large swath of northeast Denver with a wide range of income levels, including areas that are gentrifying quickly and others that have been home to some of the district’s most aggressive school improvement strategies.

The Nov. 7 election is high stakes. Four of the seven seats on the Denver school board are up for grabs. If candidates who disagree with Denver Public Schools’ direction win all four races, they’ll have the political power to change key policies in the state’s largest school district and one nationally recognized for its embrace of school choice and autonomy.

Tay Anderson is one of those candidates. The 19-year-old graduated from Denver’s Manual High School last year and is now a student at Metropolitan State University. On the campaign trail, he has doggedly criticized the district for what he describes as weak community engagement efforts and a move to “privatize” public education by approving more charter schools, which are publicly funded but independently run (in Denver, by nonprofit operators).

He also has led the charge in attempting to tie the current school board and the incumbent candidates to U.S. Education Secretary Betsy DeVos, whose stance on school choice — and especially private school vouchers, which DPS does not support — have made her a controversial figure.

    This is the first of a series of articles profiling this year’s Denver school board races. You can read about where candidates in all the DPS races stand on issues here, in Chalkbeat’s candidate questionnaire. Check out our coverage of the campaign’s first campaign finance reports here.

When DeVos came to Denver in July to give a speech to a group of conservative lawmakers from across the United States, Anderson organized a protest against her. In front of a crowd of hundreds, he called out the current Denver school board members.

“We can tell them, ‘Screw you. You’re fired in November!’” he said.

Anderson has a compelling personal story. The teenager struggled in high school before becoming a leader at Denver’s Manual High. He was student body president, chairman of the Colorado High School Democrats and a member of the Student Board of Education.

Anderson was also homeless for a time and has said his own challenges give him valuable insight into the lives of other Denver students living in difficult situations. About two-thirds of the district’s 92,000 students qualify for subsidized lunches, a proxy for poverty.

“I have had nobody in my corner when I was a homeless student and when I was in and out of foster care,” Anderson said at a recent televised candidate debate. “And now it is my turn to turn to our students and say, ‘I am going to be your champion.’”

His candidacy has attracted more local and national press attention than is usual for a school board race. But while Anderson has said his young age would bring a fresh perspective to the board, his opponents have questioned whether he has the experience to serve.

“It’s one thing to swing a hammer at a frustration, but it’s another to know where to swing it,” said candidate Jennifer Bacon, one of Anderson’s two opponents.

Anderson is running against Bacon, 35, and incumbent Rachele Espiritu, 48. Espiritu was appointed to fill a vacancy on the board in May 2016. The appointment process was long and marked by controversy. The first appointee, MiDian Holmes, stepped aside after details about a misdemeanor child abuse conviction and her mischaracterization of it came to light.

Both Espiritu and Bacon were among the finalists for the position. But Bacon withdrew, explaining at the time it was “in consideration of my need for growth and readiness for this position, as well as my interests in supporting the board.”

Asked recently to elaborate, Bacon said she withdrew because she sensed she wasn’t going to be appointed. She said she, too, had an arrest in her background: for stealing a necklace from Macy’s when she was in college. Bacon said the charge was dropped and she was not convicted. (No charges showed up in a background check done by Chalkbeat.)

Bacon, who attended college in Louisiana, said the arrest was a turning point at a time when she was struggling to find her purpose. She went on to join the Teach for America corps, teaching for a year in New Orleans and a year in Miami.

After teaching, she went to law school and then moved in 2010 to Denver, where she worked first as a dean for the city’s largest charter school network, DSST, and then in alumni affairs for Teach for America. She is now a regional director with Leadership for Educational Equity, a nonprofit organization that trains educators to advocate for policy changes.

Bacon said she wondered whether her positions on key issues also made her an unlikely appointee. For instance, she has said she’s not opposed to charter schools but believes Denver has reached its threshold and should focus on shoring up its traditional schools.

“People ask me if I’m pro-charter,” Bacon said in an interview. “I’m pro-community.”

Since Espiritu was appointed, she has largely voted in line with the rest of the school board. But she chafes at the idea that the board is monolithic or a rubber stamp for the administration. Much back-and-forth occurs before a decision, she said in an interview, and each board member brings a unique background and set of life experiences to the table.

Espiritu often says on the campaign trail that she’s the only immigrant to serve on the board in the last century. She was born in the Philippines and came to the United States as a toddler. She holds a PhD in clinical psychology from the University of Colorado Boulder and helped found a small business called Change Matrix that assists organizations with planning, putting into place and monitoring change. She and her family moved to Denver in 2012.

Espiritu has two sons. Her oldest goes to DSST: Stapleton High, a charter school. Her youngest goes to William (Bill) Roberts School, a K-8 district-run school. She has said that in choosing schools for her children, she focused on quality and not on type.

As a member of the board, Espiritu has paid particular attention to efforts to improve student mental health. She recently encouraged DPS to become a “trauma-informed school district.”

“I want us to be a district that addresses student and educator trauma in a proactive or preventative way that’s culturally sensitive and systematic in fashion,” she said at a September board meeting. “…We need to shift our thinking from asking what is wrong with a child to what happened with a child.”

Parts of northeast Denver have struggled academically. The region is home to the district’s biggest-ever school turnaround effort, as well as two of three schools the board voted unanimously last year to close due to poor performance.

The candidates’ disparate views on school closure offer a window into what differentiates them. Espiritu voted for the closures, though she noted at a subsequent board meeting that doing so was “a painful process … and such a difficult decision.”

Anderson has said he opposes closing any more traditional, district-run schools. Bacon, meanwhile, has said that while she doesn’t believe in “trapping kids in failing schools,” ideas about how to turn things around should originate with affected families.

Two local groups that traditionally endorse candidates and contribute large sums of money struggled this year with who to support in District 4. The Denver Classroom Teachers Association endorsed Bacon, but a progressive caucus of the union chose to separately support Anderson. The pro-reform group Stand for Children did not endorse any candidate, explaining that both Bacon and Espiritu surpassed its “threshold for endorsement.”

Of the three candidates, Espiritu had raised the most money — $73,847 — as of Oct. 11, when the first campaign finance filing period ended. Bacon had raised $59,302, including $10,000 from the teachers union, while Anderson had raised $16,331.

Espiritu and Bacon have also benefitted from the support of independent expenditure committees. A union-funded group called Brighter Futures for Denver spent $139,000 on Bacon. Two other groups, Students for Education Reform and Raising Colorado, which is associated with Democrats for Education Reform, spent a total of $73,229 on Espiritu.

Sorting the Students

As Nashville heads to court over sharing student information with the state, here’s why Memphis probably won’t

PHOTO: Grace Tatter
Nashville's Davidson County Chancery Court building where the state filed against Metro Nashville Public Schools over sharing contact information with charter schools.

Tennessee’s two largest school districts are often in lockstep on key issues. But in a recent tiff with the state about sharing student information with charter schools, the two districts are poised to part ways.

Leaders of Nashville’s school district have repeatedly defied an order from Tennessee’s education commissioner to share student addresses, phone numbers, and other information with the state’s controversial turnaround district, as required by a new state law. The state filed a lawsuit this week in response.

Meanwhile, leaders of the Memphis district have spoken out about the rule — but are preparing to comply. The district has given parents until Sunday, Oct. 22 to opt out of sharing their contact information with charter schools.

Instead of outright rejecting McQueen’s deadline last month like Nashville did, Superintendent Dorsey Hopson sought a compromise and the district has indicated contact information after the opt out window could be shared.

“… we respectfully request you extend your deadline until October 23, 2017 to allow our families the opportunity to make an informed decision regarding their rights and to give our board an opportunity to vote on the release of the data,” Hopson said in a letter to McQueen.

The state education department says it is holding off filing a similar suit against that district, for now. The Memphis district “is still deciding whether to comply, whereas Metro [Nashville] has made its decision already,” state spokeswoman Sara Gast said. “Given that, it is appropriate to file here and then review Shelby’s decision to decide if litigation is necessary.”

Shelby County Schools declined to share how many parents have chosen to opt out so far, but said it plans to share information with its board about the effort next week.

The fight has ignited long-simmering tensions around enrollment and the state’s influence in local schools, and comes on the heels of Metro Nashville Public Schools board voting to join Shelby County Schools in its landmark funding lawsuit against the state.

Memphis leaders have also said that the issue at hand is student privacy, though a robocall to Memphis parents indicated that the main goal of the opt-out process was not to lose students to charter schools.

Memphis’ compromise stance will be good news to groups like parent advocacy organization Memphis Lift, which says it has gathered about 1,200 parent signatures urging Shelby County Schools to release the contact information.

What Memphis parents should know about how schools share student information

The legal questions at stake are the first challenge to a slight, but significant, amendment to federal rules

The Nashville school board cited two reasons for defying the state’s order in late August: One is U.S. Department of Education rule that allows districts to have discretion on who gets student directory information. The second was that when state lawmakers crafted the law that requires school districts to share student information, they did not intend for that information to be used for recruitment.

According to Frank LoMonte, a First Amendment lawyer and director of The Brechner Center at the University of Florida, said the lawsuit could have national implications.

“What we’re about to see is the first test of whether the U.S. Department of Education amended rules in 2011 are enforceable or not,” he said. What it comes down to, he said, is if a federal rule can give local districts the permission to violate state law.

The Nashville board’s second justification reflects concerns from State Rep. John Forgety, who chairs a key House education committee. He says the state is misinterpreting the law he helped create.

The state said in a statement that Commissioner Candice McQueen is seeking to confirm her interpretation of the new state law, “ensuring that families can be informed of all public education opportunities available to them.”

Below is a copy of the state’s court filing: