Who Is In Charge

ASSET bill clears the Senate

The Senate Monday morning voted 23-12 to pass the bill that makes undocumented students eligible for resident tuition rates at state colleges.

Sen. Larry Crowder, R-Alamosa
Sen. Larry Crowder, R-Alamosa

Senators spent just a few moments making some last rhetorical points about Senate Bill 13-033 before taking the final roll call vote. Three Republicans joined all 20 Senate Democrats in voting for the measure.

“This is a bill that will today light up cell phones in high school classrooms across Colorado,” said Sen. Mike Johnston, D-Denver and a prime sponsor. “There is a profound ripple of hope being sent from this chamber today.”

Republicans supporting the bill were Sens. Greg Brophy of Wrap, Larry Crowder of Alamosa and Owen Hill of Colorado Springs.

The bill was introduced in the House later Monday and is expected to be considered by the House Education Committee Wednesday morning.

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The Senate spent three hours last Friday fully debating the measure during preliminary consideration, known as “second reading” in legislative jargon. Full debate generally takes place on second reading, not before a final vote.

Sen. Angela Giron, D-Pueblo, opened the arguments for the bill on Friday, saying in a quavering voice, “It will certainly change the lives of young aspiring students. … ASSET stands to raise millions of dollars in annual revenue for our financially strapped colleges and universities.”

ASSET supporters argue that making college less expensive for undocumented students will increase enrollment of such students, generating more tuition revenue for state institutions. Previous versions of the proposal have proposed undocumented tuition rates higher than in-state tuition but below out-of-state rates, which is what undocumented students have to pay now if they choose to attend.

To be eligible students must have attended a Colorado high school for three years prior to graduation or finished a GED, be admitted to a state college or university and provide an affidavit stating they have applied for lawful residency in the U.S. or will apply as soon as they are eligible to do so.

Three Republican senators went to the podium Friday to speak in support of ASSET, including two freshmen.

Crowder said, “I’m of the opinion that this is a very conservative idea. … We need to do everything we can for everybody we can. … I will have no problem whatever supporting this bill.” Sen. Owen Hill of Littleton said the bill “moves us forward to a future that is consistent with our past” of individual liberty and opportunity.

Brophy noted, “I’ve had a hard time arguing against this bill,” mentioning bright, undocumented students he’s met in his sprawling Eastern Plains district.

He said he thought again about the issue last year after GOP presidential candidate Mitt Romney talked about illegal residents “self-deporting” themselves. Brophy said he thought about students in his district. “They can’t leave here to go home because they are home.”

Sen. Kevin Lundberg, R-Berthoud, spoke against the bill more than once. “It is a step toward amnesty,” he said. “When I see the word ASSET I see amnesty.”

Johnston closed out the arguments Friday with the story of a former student who ultimately joined the military so he could stay in the U.S. “These kids are kids who grew up knowing they’d have to fight for everything, and they are the most grateful,” he said, “That’s all they’ve asked, that opportunity be open to them.”

Legislative fiscal analysts estimate the bill will raise $2 million in additional tuition revenue in 2013-14 and $3 million in 2014-15. The analysis projects 500 students would take advantage of the law next school year, with 250 more a year joining the program through 2016-17.

Republicans objected that the bill would cost colleges money, dismissing Democratic arguments as a “Jedi mind trick.” But GOP efforts to add what’s called an appropriations clause to the bill were rebuffed.

Parent trigger bill saved from “kill committee”

The House State Affairs Committee Monday passed House Bill 13-1172 on to the House Education Committee rather than give it a polite hearing before killing it. (The State Affairs panels in both houses are where leaders of the majority party send bills to die.)

The measure isn’t expected to suffer a different fate in House Education, but at least the discussion may be more informed than it would have been in State Affairs, which was busy with other things Monday.

The bill would allow parents of students at schools that have been tagged with the lowest state ratings – “priority improvement” or “turnaround” – for two or more years to petition the State Board of Education to take action to convert the school. The board could deny the petition, direct the local school board to act or defer a decision for a year. The measure is similar to a 2012 bill that passed the House but died in a Senate committee.

This year’s version comes with a twist – it also proposes to convert the state’s district and school rating categories to a system of A-F letter grades. The measure is sponsored by 10 Republican lawmakers. (See this story for more details.)

Evaluation confidentiality bill advances

The House Education Committee Monday gave 10-2 approval to House Bill 13-1220, which would clarify state law to ensure that individual teacher and principal evaluations remain confidential.

Evaluations and related materials would be available to administrators and others authorized to see them. Aggregate data about evaluations (without individual identification) would be available for use by the Department of Education and researchers and could be released publicly.

The bill was supported by witnesses representing the State Council for Educator Effectiveness, the Colorado Education Association, the Colorado Association of School Administrators, the Colorado Association of School Boards and the Quality Teacher Commission, a state advisory body.

ep. Cherilyn Peniston, D-Westminster
Rep. Cherilyn Peniston, D-Westminster / File photo

The committee gave the bill a moderate amount of discussion and passed it with only one technical amendment. (Read the bill text and a legislative memo summarizing it.)

The education committee also voted 7-5 to pass House Bill 13-1007, which proposes to resurrect the Early Childhood and School Readiness Legislative Commission, which expired last year, and continue it until July 1, 2018. The amended bill would reduce the membership from 10 to six lawmakers.

The bill is a priority for Rep. Cherylin Peniston, vice chair of House Education, and Sen. Evie Hudak, chair of Senate Education, who both believe the legislature needs a focused, year-around committee on early childhood. The executive branch has its own such panel, the Early Childhood Leadership Commission. Proposed changes to that body are dealt with in another measure, House Bill 13-1117.

Rep. Carole Murray of Castle Rock, the ranking Republican on House Education, opposed the bill, noting the legislature doesn’t have dedicated committees for other levels of education and that she doesn’t like multi-year study committees.

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: