Statehouse roundup

District liability bill gets initial House approval

Desiree Davis (center) testifies at the Capitol while husband Michael (left) listens.

The bill named after a student who died in a school shooting and that would change the liability of school districts for such tragedies won initial floor approval in the Colorado House late Thursday night.

And even later in the evening, the House also gave preliminary approval to a complicated proposal that would allow the state to sell bonds to help shore up the Public Employees’ Retirement Association.

A few hours earlier, a House committee passed a just-introduced measure that promises some relief for K-12 and higher education funding in the future. But the measure faces some big hurdles in the 2015 session’s closing days.

“Claire Davis Act” moves quickly

Senate Bill 15-213, named in honor of Arapahoe High School student Claire Davis, who was killed in a December 2013 shooting, received preliminary House floor approval after an emotional debate.

Several House Republicans raised questions about the bill. Rep. Yeulin Willett, R-Grand Junction, proposed an amendment that would have set a higher liability standard for districts than the bill proposes. That failed on a 26-38 vote.

“I am more fearful of this bill than I am of PARCC or Common Core,” said Willett, a lawyer.

But a speech by Rep. Jim Wilson, R-Salida, drew the most attention. Wilson, a retired rural superintendent, said, “You can’t legislate safety folks, you just can’t do it.” His voice choking up, Wilson said, “Weigh your vote carefully.”

Just hours earlier the bill passed out of the House Judiciary Committee on a 10-3 vote. The centerpiece of that hearing was testimony from Claire’s parents, Michael and Desiree Davis.

“If this bill becomes law, school districts will have a new responsibility. They will be responsible for protecting kids from foreseeable harm,” Michael Davis said. “A vote in favor sends a clear message to public education entities that the status quo is no longer acceptable.”

“I am here on behalf of my daughter, Claire,” said Desiree Davis. “These bills are not for us, they are for the next family.” (A companion measure would create a study committee on school violence and youth mental health.)

The main elements of the bill would allow districts and charter schools to be held liable if they don’t use “reasonable care” in protecting students, faculty or staff from “reasonably foreseeable” acts of violence – murder, first-degree assault and sexual assault — that lead to serious bodily injury or death. Damage caps would be set at $350,000 for individuals and $900,000 in cases of multiple victims.

School districts have been nervous about the bill since it was introduced but have had to be careful in lobbying, given that the bill is sponsored by bipartisan leaders in both houses.

But amendments along the way have softened the measure noticeably. A key change gives districts two years to implement new safety policies before they could be held liable for incidents. And individual teachers would be protected from liability. (See this story for more details on the bill.)

“Those amendments have made it a better bill,” said House Majority Leader Crisanta Duran, D-Denver and a prime sponsor.

A related measure, House Bill 15-1273, got final House floor approval on 64-0 vote Thursday morning and heads to the Senate. The bill is designed to improve statewide reporting of violent incidents at schools, a system that was criticized in the wake of Claire Davis’ death. Among other things, the bill would require marijuana-related incidents and sexual assaults to be reported separately. They’re now lumped into other categories. (Get more details in this legislative staff summary.)

Fast-track pension bill moving ahead

The other big education-related issue debated during the House’s late-night session was House Bill 15-1388, a complex plan for the state to sell bonds to help reduce the unfunded liabilities of the Public Employees’ Retirement Association, or PERA.

Proceeds from bond sales would be deposited in PERA’s state and schools trust funds, both beefing them up and giving the pension system more money to invest.

The bill received preliminary approval after 11 p.m. following a relatively short debate.

The bill was introduced only late Tuesday and approved by the House Finance Committee on Wednesday.

The plan has the backing of the Hickenlooper administration, GOP state Treasurer Walker Stapleton, the PERA board and most school districts. It also has bipartisan sponsorship but may face hurdles because of its complexity, the possible risks of such a plan and because it surfaced so late in the session.

If the plan works, supporters estimate the bill would bring PERA to solvency five years sooner than currently projected and would save $4.5 billion.

Heavyweight interests push for change in hospital fee

The House Health, Insurance and Environment Committee spent a long afternoon listening to witnesses urging approval of House Bill 15-1389, another just-introduced measure that could provide future benefits for both K-12 and higher education.

The committee passed the bill 7-6 after hearing from a long parade of supporting witnesses representing K-12 and higher education, state agencies, major hospitals, think tanks and business groups. Committee Republicans, some of whom didn’t seem to fully grasp the bill, all voted no.

The bill involves a six-year-old state program called the hospital provider fee, which imposes a charge on hospitals. That revenue provides money the state uses to gain federal Medicaid matching funds, money that couldn’t be tapped without the fee.

Even though the charge is a fee, not a tax, the revenues count against the state’s spending limit under the Taxpayer’s Bill of Rights. Tax and fee revenue has risen fast enough that the state will need to pay TABOR refunds to taxpayers this year and, likely, a couple of years into the future.

That has squeezed the amount of additional money available for K-12 and other programs. The bill, sponsored by Speaker Dickey Lee Hullinghorst, D-Boulder, would reclassify provider fee revenues so that they wouldn’t count toward the TABOR limit. The fee program would become what’s called an “enterprise,” which isn’t subject to TABOR. For example, the state’s higher education system is classified as an enterprise, so tuition revenue isn’t counted against the limit.

There’s been chatter for months about reclassifying the provider fee, and Gov. John Hickenlooper belatedly proposed the change a couple of weeks ago.

The bill would “allow us to more fully fund the state’s top spending priorities in the coming years,” Hullinghorst said.

If the bill passes it won’t affect funding of any state programs in 2015-16, nor would it affect TABOR refunds to taxpayers in 2016. But it could free up more than $200 million in revenue for spending in 2016-17, and there wouldn’t be taxpayer refunds in 2017.

Without the bill, “There are going to be some big losers in the budget next year,” Hullinghorst warned, including transportation funding, higher education and likely K-12 as well.

The bill has some things working against it, including its lateness, its complexity and the fact that any perceived tinkering with TABOR makes Republicans nervous. The measure currently has no GOP sponsors in the Senate, where Republicans hold the majority.

But working in its favor is the phalanx of education, highway, health care and business lobbyists who’ve combined forces to push the bill.

Get more information about HB 15-1389 in this legislative staff summary.

House avoids school finance fight

The House Thursday, during its morning floor session, backed away from a confrontation with the Senate over the 2015-16 school-funding bill by stripping a controversial amendment from the measure.

The amendment, added on the House floor Thursday, would have resurrected a two-year legislative study of the school finance system. The Senate earlier killed a separate bill that contained the proposal.

Rep. Millie Hamner, D-Dillon, proposed backing off Wednesday’s amendment.

While saying she supports the study, “We also have to be the adults in the room. The school finance bill passing in the Senate is really important.” Leaving the amendment in the bill “really does put the bill at risk.”

The House voted to strip the amendment and then passed Senate Bill 15-267 on a 45-19 vote. The measure returns to the Senate for consideration of non-controversial amendments added in the House earlier.

For the record

Help for rural districts – The Senate Education Committee, after about 90 minutes of wandering testimony and discussion, voted 6-3 to pass House Bill 15-1201. This measure would create a grant program for boards of cooperative educational services to help small school districts consolidate administrative services. The bill was introduced with a $10 million price tag, but it emerged from Senate Ed with only $2 million. And now the measure has to be reviewed by the Senate Appropriations Committee.

Amendment 73

Here’s how some districts would spend their share of a $1.6 billion tax hike for education

PHOTO: Katie Wood/The Denver Post
Teacher Mandy Rees talks to her middle school students at Bruce Randolph School on Wednesday, March 1, 2017.

If Colorado voters this November approve a $1.6 billion tax increase to benefit schools, several metro-area districts are pledging to spend part of their share to boost teacher pay.

Raising teacher salaries is an idea that’s gaining political popularity, fueled by teacher protests around the country and here in Colorado, where education funding is below the national average and several recent studies have found teachers are dramatically underpaid.

School boards in at least 70 of the state’s 178 school districts – including Denver, Aurora, Jeffco, Adams 14, Westminster, and Sheridan – have passed resolutions in support of the statewide tax increase, called Amendment 73. Some have also specified what their districts would spend the money on.

Amendment 73 would raise personal income taxes for residents making more than $150,000 per year. It would also raise the corporate income tax and make adjustments to property taxes. In separate ballot measures, districts across Colorado – including Aurora, Jeffco, and Westminster – are asking voters to raise local taxes to support education, as well.

In addition to teacher pay, all three large metro districts named expanding preschool as a priority if Amendment 73 passes. Aurora listed decreasing student-to-teacher ratios, while Denver listed reducing class sizes. Denver and Jeffco said they’d also spend more on mental health support for students.

Click the links below to read the resolutions in their entirety. We’ve also included bulleted summaries of the spending priorities in Denver, Jeffco, and Aurora.

A Denver teacher gave an evocative example to the school board Thursday of why the district should prioritize support for students’ mental health by hiring more psychologists and social workers, something it has already begun doing with money from local tax increases.

Here is what the teacher, Michelle Garrison, had to say.

There’s all kinds of facts and figures about the types of trauma students go through in their daily lives. … But when I really thought about how to tell this story, I wanted to share with you some things about how this manifests and looks in a school. … Here’s some things that have happened in the past three days.

Three different third-grade girls crying on three different days because one student with severe emotional needs keeps hitting them and pulling their hair.

Five first-graders crying because another student was sprinting around the room grabbing and crumpling everyone’s art project, ruining their work.

One seventh-grade boy who sleeps soundly, drool and all, every day this week and tells me he can’t sleep at night because he’s afraid someone is going to take his little sister.

Attending a meeting in which we were told to offer coloring sheets as our sole intervention for a boy who has been hitting students with blunt objects and jabbing at their throats.

Attending a trauma-informed practice (training) of which the thesis was, “Don’t yell at kids because they might have really messed-up things going on at home.” I’m not really sure what else to do about what they do, though.

The police have been called to our building three times.

Over 20 middle school students running in the halls, sprinting in and out of classrooms, running and sliding on the floor, blaring music over a Bluetooth speaker. It took 15 minutes and five adults to get them back into classrooms.

I could go on. This is half of what I wrote down. I think you get the point.

This is despite a school full of wonderful adults, wonderful administration, and really wonderful students. But this is the reality of what happens.

I was trained as an art teacher. I do not know what to do to help these students.

Click here to read Denver Public Schools’ resolution on Amendment 73. The $1.6 billion in revenue that the tax increase would generate would be divvied up between school districts, and Denver officials said they expect the district’s share will be $150 million each year.

The resolution says the district will prioritize spending the money on:

  • Increasing pay to attract and retain high-quality teachers and staff
  • Better supporting student mental health needs
  • “Targeted funding and strategies to better support student groups with higher needs, including efforts to reduce class sizes”
  • Expanding early childhood education opportunities

The resolution notes that the largest portion of the funds should be spent on teacher pay, though it doesn’t specify a dollar amount or percentage.

Click here to read Aurora Public Schools’ resolution. It says the district will prioritize:

  • Adding school-based instructional supports, reducing student-teacher ratios, and establishing a clear career ladder to recruit and retain high-quality teachers
  • Enhancing preschool by increasing access, expanding quality programming, and increasing compensation for preschool staff
  • Increasing compensation and benefits to maintain a competitive place in the market

Click here to read Jeffco Public Schools’ resolution. In addition to naming priorities, it specifies what percentage of the district’s share of the funding it would spend on each one.

  • 50 percent to attract and retain quality teachers and staff
  • 15 percent to lower class sizes and staffing shortages
  • 10 percent to add mental health support and counseling, and school security
  • 10 percent to expand early childhood education
  • 7.5 percent to expand career and technical options, as well as science, technology, engineering, and math options
  • 7.5 percent to buy classroom learning materials, technology, and supplies, and offset student fees

Click here to read Westminster’s resolution, here to read Adams 14’s resolution, and here to read Sheridan’s resolution.

Westminster and Adams 14 didn’t suggest how the funds should be used. Sheridan included some commitments, but they aren’t very specific. They include spending on strategies to close gaps in test scores between different groups of students, and maintaining “adequate district operational functions.”

The Colorado Association of School Boards is collecting district resolutions, and you can find more of them here.

Colorado voters have twice before rejected statewide tax increases for education. At both the school and municipal level, voters are much more receptive to local tax increases. The Colorado Association of School Boards, which supports Amendment 73, is urging its members around the state to be as specific as possible about how they’ll spend additional funds. An online guide encourages school boards to “engage stakeholders” and “hold public discussions.”

Opponents of the tax increase have criticized the lack of specificity in how new resources will be spent. They say that spending more money doesn’t guarantee students will do better in school.

But Lisa Weil, head of Great Education Colorado, a major backer of Amendment 73, said school districts had to decide on their own how to cut during the Great Recession, and they should get to decide now how to restore the money.

“In 10 and 20 and 30 years of cuts, the legislature has never said how to cut,” Weil said. “They’ve left that to local communities, and local communities have done what they can to keep cuts out of the classroom and keep serving kids. There is no better way to ensure accountability than to put these decisions in the hands of people who are accountable to voters. They know the community, and it’s where advocates have the most opportunity to make a difference.”

Chalkbeat staffers Yesenia Robles and Erica Meltzer contributed to this report.

School Finance

The race is on to convince voters to give more money to Indianapolis Public Schools

PHOTO: Dylan Peers McCoy/Chalkbeat
Lexus Balanzar, a campaign worker for Stand for Children, is making the case for voters to increase funding for Indianapolis Public Schools.

With less than two months until Election Day, the effort to pass two referendums to increase funding for Indianapolis Public Schools is gaining momentum. Almost every day, campaign workers are fanning out across Indianapolis to seek support from voters. And Superintendent Lewis Ferebee is stopping by community meetings across the district to make his case that the district needs taxpayers’ help.

This multi-pronged approach illustrates how high the stakes are for the district, which aims to raise $272 million to prevent an even more dire financial situation.

The district first announced plans to ask voters for nearly $1 billion from taxpayers 10 months ago. Since then, the request was cut down, then the vote was delayed to rally more support. The district ultimately came to a final reduced request, which appears to be more palatable to community leaders and has won the support of the Indy Chamber. There is no organized opposition to the referendums, and a previous critic, the MIBOR Realtor Association, now supports them.

But the district ultimately needs the support of voters in addition to power brokers. The key to a successful referendum campaign is reaching out to both hyper-engaged voters and those who are less tuned in to local issues, said Andrew Downs, an associate professor of political science at Purdue University Fort Wayne.

When Ferebee presented last Tuesday to the Rotary Club of Indianapolis, for example, he was reaching members of the community who will likely tell friends and neighbors about the referendums, said Downs.

“They’re voters who will reach out to other people,” he said. “They are voters who typically have a network that will be activated in this case in support of the referendums.”

During the campaign for the planned May referendums, district leaders were juggling other initiatives that drew attention from the tax measures. But Ferebee is now front and center in the effort to win over voters. In a crowded banquet hall last week, Ferebee made the case for increasing funding to a group of Rotarians who appeared largely sympathetic. His low-key jokes drew friendly laughter. But the core of his argument was that the district needs more money to pay for safety improvements at schools and increase teacher pay.

When teacher pay is low, Ferebee said, the district struggles to retain and recruit teachers. It’s forced to rely on substitutes, and students suffer. “We know that our educators are so impactful in our lives,” he said. “We’ve got to do better with compensating them accordingly.”

The hard-won endorsement of the chamber has also gotten some voters’ attention. Tom Schneider, who works for Alpha Tau Omega National Fraternity, did not closely follow the referendums in the early months of the campaign. But as a chamber member, Schneider has learned more about it recently, and he has become an advocate.

“I’m really glad the chamber and the school district got together, they talked about it, and they figured out something that would work,” said Schneider, who rents downtown.

However, after months of political jockeying over the price tag, both behind closed doors and in the media, some voters have concerns over how much the request has changed and whether the district has shown that it needs the money.

Jefferson Shreve, a Republican on the Indianapolis City-County Council, said that even the reduced request is a significant amount of money.

Shreve was appointed to fill a vacancy on the council just last week, and he said he will continue to learn more about the referendums. But Indianapolis Public Schools leaders need to show how they arrived at the final request and how they will use the money.

“If you’re a citizen, and you’re just trying to keep up with this from the sidelines, the number is jumping around by hundreds of millions of bucks,” said Shreve in a phone interview last week. “That just doesn’t instill a whole lot of confidence.”

Reaching people who aren’t involved in groups like Rotary, such as low-income voters who work hourly wage jobs or busy parents of young children, takes other campaign tactics, said Downs, the political scientist.

The Indianapolis effort will include radio ads and direct mail, organizers say. The campaign is also relying on door-to-door canvassing, which the group Stand for Children Indiana has already begun. On a Friday afternoon in early September, three canvassers from the group traversed a neighborhood near Crown Hill Cemetery, before their day was cut short by torrential rain.

When a campaign worker knocked on Michael Bateman’s door, his Maltese Shih Tzu burst into high pitched barks. Bateman, for his part, was friendly if skeptical as he stood on the porch in the misty rain.

Lexus Balanzar got straight to the point: Would Bateman be willing to increase his own property taxes to raise money for school security and higher pay for teachers? The tax hike would cost just $3 more per month for homes at the district’s median value, she said.

The taxes on his home were already unaffordable, Bateman, an Indianapolis public school parent and alumnus, said with a dry laugh. “But if it’s for the teachers raises — if we can guarantee that they are for the raises, yeah.”

It’s an argument that could have broad appeal. A recent poll from Ipsos/USA Today found that 59 percent of Americans do not believe teachers are paid fairly, and even more say teachers spend too much of their own money on supplies.

Most of the year, Stand works directly with parents by training them to advocate for their children. But when election season comes around, the group takes on another, controversial role. The local branch of a national organization, Stand has been influential in helping elect school board members who favor partnerships with charter school.

Vote Yes for IPS, a political action committee supporting the referendums, is leaning on Stand for canvassing because the group has roots in the community, said Robert Vane, the lead consultant for the PAC. “Quite frankly, it would be political malpractice not to partner with them when appropriate,” he said.

When it comes to the referendums, Stand’s support could prove pivotal to success. In addition to canvassing, Stand donated $100,000 to Vote Yes for IPS. Stand officials declined to say how much the group is spending on canvassing, but the group said that its spending would be included on the Vote Yes for IPS financial disclosures.

The group has about 20 full-time, paid canvassers across Indianapolis, said Joel Williams, the Stand field director. The canvassers will continue door knocking and performing voter outreach until Election Day.

“We work as much as we humanly can,” Williams added.