From the Statehouse

Finance bill gets a big tweak

This story was updated on March 22 to add additional information about the possible impacts of the amendment added Thursday.

The Senate Education Committee voted 5-4 Thursday to advance the bill that proposes a major shift in the way Colorado funds K-12 education.

Sen. Nancy Todd, D-Aurora
Sen. Nancy Todd, D-Aurora

But approval came only after passage of an amendment that increases the bill’s price tag by about 20 percent, an issue certain to be revisited when the bill reaches the Senate floor, which probably won’t happen until April Fool’s Day at the earliest.

Senate Bill 13-213 is in a situation much like a car that has had major work done in one body shop and now is being towed to another garage for more work.

The committee vote came at the end of the third meeting the panel has held this week on the measure, which is sponsored by Democratic committee members Mike Johnston of Denver and Rollie Heath of Boulder. The bill is considered the most important education legislation of the 2013 session, and Johnston calls it a once-in-a-generation opportunity to modernize how Colorado pays for it schools.

Johnston and Heath have been working on the bill for more than a year and have held scores of meetings with education interest groups and others to discuss the goals of the proposal.

Key elements of the bill include increased funding for kindergarten and preschool, significantly more money for districts with the highest concentrations of at-risk students and English language learners, more money for special education, extra payments to districts for the cost of implementing reform mandates and some changes in requirements for district contributions to school costs. The system wouldn’t go into effect unless a statewide ballot measure to raise taxes is passed. (Friday is the deadline for ballot proposals to be filed.)

The central feature of the plan is a significant shift of funding to districts with the highest concentrations of at-risk students and English language learners. That would benefit districts like Denver and Aurora. Large districts with a lower concentration of such students, such as Cherry Creek, Douglas County and Jefferson County, would receive smaller increases in per-pupil funding.

That emerged as a major issue this week, with both Democratic and Republican members of Senate Education expressing worries about the bill’s impact on medium to large suburban districts with smaller concentrations of disadvantaged students.

That debate came to a head Thursday afternoon with an amendment proposed by Sen. Nancy Todd, D-Aurora. Her proposal was opposed by Johnston and Heath, but its passage probably ensured that the bill got out of committee.

Todd, a retired teacher and veteran legislator, said she was concerned by the “disparity” between districts like Aurora and Cherry Creek in the bill. “All districts have to feel like they’re coming away from the table with a win for their children.”

She proposed an amendment that essentially would bring such districts up to the statewide per-pupil average with a “bonus” payment every year, even if the bill’s formula set them at a lower amount. That would raise the estimated $950 million cost of the bill by an additional $220 million a year, according to Johnston. (However, the impact of the amendment hasn’t been fully calculated, and some observers think the cost could be different.)

The amendment would set a per-student “floor” of $7,495 for all districts, according to Tracie Rainey of the Colorado School Finance Project, who has been following work on the bill.

Johnston opposed Todd’s amendment, but its passage might have been the price he had to pay to get the bill out of committee. “It would be very difficult for me to vote yes on the bill as it is now,” Todd said before the vote. Approving her amendment would “keep the conversation alive. … I want to get this bill out of committee.”

“The hard question is where we are you going to finding the $220 million,” Johnston said. Johnston and his allies have said the proposed ballot measure probably can’t exceed $1 billion and have a chance at voter approval.

Republicans voted yes before they voted no

Todd’s amendment passed on a 6-3 vote, with Todd, chair Sen. Evie Hudak, D-Westminster, and all four committee Republicans voting for it.

Those Republicans – Owen Hill of Colorado Springs, Vicki Marble of Fort Collins, Scott Renfroe of Greeley and Mark Scheffel of Parker – essentially voted for the bill before they voted against it. By supporting the amendment they voted to make the bill richer than Johnston’s version. But they all were no votes on the final motion to send SB 13-213 to the Senate floor.

They cited concerns about the proposal’s costs and that it doesn’t contain enough “reform.” The bill was sent to the floor on a 5-4 vote, with Democrats supporting and Republicans opposing. That wasn’t necessarily a good sign for Johnston, who in the past has relied on GOP votes to pass such key measures as Senate Bill 10-191, the educator evaluation law.

There had been talk that the bill would be heard on the Senate floor Friday, but Johnston said senators need time to study it and that the bill won’t be debated until April 1 at the earliest. Fresh calculations of the district-by-district impacts of the amended bill aren’t expected until the middle of next week.

He also said, “Sen. Todd is going to have to help me think about how we balance the budget. I’ll sit down with Sen. Todd and figure out a compromise.”

If the bill passes on the Senate floor during the first week of April, it will face a tight timeline to get through the House, because the legislature has a drop-dead adjournment deadline of May 8.

A weird opening act

Before it even got to school finance, Senate Education burned up an hour on Senate Bill 13-201, which proposes to designate shelter dogs and cats as the official “state pets.”

The bill, proposed by a group of Walsenburg middle school students, follows a traditional pattern of students proposing state fossils or whatever. Such bills usually are feel-good measures that allows lawmakers to compliment students on their interest in the legislative process.

But SB 13-201, sponsored by Sen. Andy Kerr, D-Lakewood, actually had opposition.

Paid lobbyist Dan Anglin, representing the Colorado Association of Dog Clubs and the Colorado Pet Association (which includes pet stores), urging the committee to defeat the bill, saying it “discriminates” against pets available at outlets other than shelters.

The committee voted 6-3 to pass the bill on to the Senate floor.

Breakfast after the bell still alive

Speaking of feel-good bills, the breakfast-after-the-bell proposal had its first Senate hearing Thursday in the health committee.

The bill, pushed by a variety of child health and other advocacy groups, proposes that all students in certain high-poverty schools be served free breakfast after school starts. Many school districts have complained that the bill could force startup costs on financially strapped schools, and the bill was amended in the House in an attempt to ease some of those worries. (See this story for further details.)

Those amendments apparently didn’t calm everyone’s fears, and a string of district nutrition directors urged the committee to make further modifications to the bill. The health panel didn’t amend the bill further. It passed on a narrow 4-3 vote.

legal opinion

Tennessee’s attorney general sides with charter schools in battle over student information

PHOTO: TN.gov
Herbert H. Slatery III was appointed Tennessee attorney general in 2014 by Gov. Bill Haslam, for whom he previously served as general counsel.

Tennessee’s attorney general says requests for student contact information from state-run charter school operators don’t violate a federal student privacy law, but rather are “entirely consistent with it.”

The opinion from Herbert Slatery III, issued late on Wednesday in response to a request by Education Commissioner Candice McQueen, was a win for charter schools in their battle with the state’s two largest districts.

PHOTO: TN.gov
Education Commissioner Candice McQueen

McQueen quickly responded by ordering school leaders in Memphis and Nashville to comply. In letters dispatched to Shelby County Schools Superintendent Dorsey Hopson and Director Shawn Joseph of Metropolitan Nashville Public Schools, McQueen gave the districts a deadline, adding that they will face consequences if they refuse.

“If you do not provide this information by Sept. 25, 2017, to the (Achievement School District) and any other charter school or charter authorizer who has an outstanding request, we will be forced to consider actions to enforce the law,” she wrote.

Neither superintendent responded immediately to requests for comment, but school board leaders in both districts said Thursday that their attorneys were reviewing the matter.

Chris Caldwell, chairman for Shelby County’s board, said he’s also concerned “whether the timeframe stated gives us enough time to make sure families are aware of what is happening.”

Wednesday’s flurry of events heats up the battle that started in July when charter operators Green Dot and LEAD requested student contact information under the state’s new charter law, which gives districts 30 days to comply with such requests. School boards in both Memphis and Nashville refused, arguing they had the right under the federal student privacy law to restrict who gets the information and for what reasons.

The attorney general said sharing such information would not violate federal law.

The requested information falls under “student directory information,” and can be published by school districts without a parent’s permission. For Shelby County Schools, this type of information includes names, addresses, emails and phone numbers.


To learn what information is at stake and how it’s used, read our in-depth explainer.


The opinion also backs up the new state law, which directs districts to share information that charter operators say they need to recruit students and market their programs in Tennessee’s expanding school-choice environment.

However, the opinion allowed for districts to have a “reasonable period of time” to notify parents of their right to opt out of sharing such information. It was not clear from the opinion if the two school districts have exhausted that time.

A spokeswoman for Shelby County Schools said Tuesday the district had not yet distributed forms that would allow parents to opt out of having their students’ information shared, although the district’s parent-student handbook already includes instructions for doing so.

Below, you can read the attorney general’s opinion and McQueen’s letters to both superintendents:

Clarification, Sept. 14, 2017: This story has been updated to clarify the school boards’ arguments for not sharing the information.

First Person

I covered Tennessee’s ed beat for Chalkbeat. Here’s what I learned.

PHOTO: Marta W. Aldrich
Grace Tatter covers a press conference at the Tennessee State Capitol in 2015.

For three years, I covered the Statehouse for Chalkbeat Tennessee, reporting on how policies from Nashville trickled down into more than 1,800 public schools across the state.

Now I’m starting back to school myself, pursuing graduate studies aimed at helping me to become a better education journalist. I’m taking with me six things I learned on the job about public education in Tennessee.

1. Apathy is often cited as a major problem facing education. That’s not the case in Tennessee.

I heard from hundreds of parents, educators, and students who were passionate about what’s happening — good and bad — inside of schools. I covered crowded school board meetings and regularly scrambled for an open seat at legislative hearings where parents had filled the room after driving since dawn to beat the opening gavel. Not incidentally, those parents usually came from communities with the “worst” schools and the lowest test scores. While many disagreements exist about the best way to run schools, there is no shortage of people, particularly parents and educators, who care.

2. Tennessee has one of the most fascinating education stories in America.

I’ve had a front-row seat to massive changes in K-12 education under reforms ushered in by Race to the Top — an overhaul being tracked closely well beyond the state’s borders. But the national interest and import doesn’t end with changes stemming from the $500 million federal award. Tennessee is home to some of the nation’s premier education researchers, making its classrooms laboratories for new ideas about pre-K, school turnaround, and literacy instruction, just to name a few. And at the legislature, more lobbyists are devoted to education than to most any other cause. A lot of eyes are on Tennessee schools.

3. The education community is not as divided as it looks.

During the course of just a few years, I watched state lawmakers change their positions on accountability and school vouchers. I witnessed “anti-charter” activists praise charter leaders for their work. I chronicled task force meetings where state leaders who were committed to standardized testing found middle ground with classroom educators concerned that it’s gone too far. In short, a lot of people listened to each other and changed their minds. Watching such consensus-building reminded me that, while there are no simple debates about education, there is a widespread commitment to making it better.

4. Money matters.

Even when stories don’t seem to be about money, they usually are. How much money is being spent on testing, teacher salaries, school discipline reform? How much should be available for wraparound services? Why do some schools have more money than others? Is there enough to go around? Tennessee leaders have steadily upped public education spending, but the state still invests less than most other states, and the disparities among districts are gaping. That’s why more than a handful of school districts are battling with the state in court. Conversations about money are inextricable from conversations about improving schools.

5. Race is a significant education issue, but few leaders are willing to have that conversation.

More than 60 years after Brown v. Board of Education, Tennessee’s schools are largely racially segregated. Yet most policymakers tread lightly, if ever, into conversations about achieving real racial integration. And in many cases — such as a 2011 law enabling mostly white suburban Shelby County towns to secede from the mostly black Memphis district — they’ve actually gone backwards. Then there’s the achievement data. The annual release of test scores unleashes a flurry of conversation around the racial achievement gap. But the other 11 months of the year, I heard little about whether state and local policies are closing those gaps — or contributing to them — or the historical reasons why the gaps exist in the first place. To be sure, state leadership is trying to address some of Tennessee’s shortcomings. For example, the State Department of Education has launched modestly funded initiatives to recruit more teachers of color. But often, race and racism are the elephants in the room.

6. Still, there’s lots to celebrate.

If there were unlimited hours in the day, I could have written thousands of stories about what’s going right in public education. Every day, I received story ideas about collaborations with NASA in Oak Ridge, high school trips to Europe from Memphis, gourmet school lunches in Tullahoma, and learning partnerships with the Nashville Zoo. Even in schools with the steepest challenges, they were stories that inspire happiness and hope. They certainly inspired me.

Grace Tatter graduated from public schools in Winston-Salem, N.C., and received her bachelor’s degree in history from the University of North Carolina. She’s now pursuing a master’s degree in specialized studies at the Harvard Graduate School of Education.