Finally

State board signs off on Colorado bid for flexibility from federal law

After months of on-and-off discussions, the State Board of Education on Wednesday grudgingly voted 5-2 to approve submission of Colorado’s request for flexibility in meeting federal education laws.

That application, originally due March 31, now goes to the U.S. Department of Education for final approval.

Colorado Department of Education staff members have been negotiating the document with federal officials for months, periodically briefing the board on progress. CDE staff and federal bureaucrats reached agreement on the document some time ago, but formal board sign-off was needed.

Although it was clear Wednesday morning that the board would approve the application, members took a few minutes to grouse about what they believe to be federal interference in state control of education.

“The federal intrusion into education is not productive,” said board chairman Steve Durham, a Republican from Colorado Springs. “No Child Left Behind has been a catastrophic failure.”

But Durham said he was supporting the application because the alternative would be a burden for school districts — putting Colorado back under the original accountability requirements of No Child Left Behind, the nation’s main education law.

“A good part of this board’s job is not to make life more difficult for local school districts,” Durham said.

A key element of the state’s application seeks to address high testing opt-out rates that drop test participation rates below federal requirements. Several districts fell below that 95 percent threshold last spring, according to a Chalkbeat Colorado analysis.

The application — formally called an ESEA flexibility request and sometimes referred to as a waiver — exempts Colorado from certain provisions of the federal Elementary and Secondary Education Act.

The federal department created the waivers in 2011 to give states flexibility after congressional efforts to update ESEA stalled. Both the House and Senate passed update bills earlier this year, but prospects for passing a new law are uncertain.

Colorado first received approval of its flexibility plan in 2012 and was due to apply for renewal last March. The state filed an application but then had to modify it because of changes to the state testing system passed by the legislature in early May.

Proposed response to testing refusals

Federal law requires at least 95 percent participation on language arts and math tests in grades 3-8 and once in high school. States are required to choose penalties for districts that miss that goal on two or more tests. Colorado’s penalty, which never has been used, had been a one-step reduction in a district’s state quality rating. However, the state board passed a resolution earlier this year saying low-participation districts shouldn’t be punished.

Colorado’s flexibility request instead proposes these steps in response to low test participation:

  • The state will calculate and report test participation rates for all districts, schools and ethnic and other student groups. The state has committed to this, and the information is expected to be released next month.
  • Districts with substandard test participation rates are required to include steps for increasing participation in their annual improvement plans, which are filed with the state.
  • Participation rates will be a factor considered in the effectiveness reviews conducted with the state’s lowest performing schools.
  • The state will provide low-participation districts and schools with information about state tests, “including reasons for administering the assessments and how the results are used.” That information is supposed to be disseminated to parents and community members.

Other key elements of the application

The flexibility request also substitutes a new college and career readiness test in the 10th grade to meet federal requirements. The PARCC language and math tests will no longer be given in 10th grade but will continue to be given in 9th grade.

A one-year timeout in ratings of schools and districts is also part of the request.

A key element of Colorado’s original flexibility request allowed the state to use its own rating system and not also use the federal adequate yearly progress standard. That would continue under the new waiver.

Ruling

Judge orders Nashville schools to turn over student information to state charters

A Nashville judge has sided with Tennessee’s Achievement School District in the tussle over whether local school districts must share student contact information with charter networks under a new state law.

Chancellor Bill Young this week ordered Metropolitan Nashville Public Schools to turn over information requested by LEAD Public Schools, which operates two state-run schools in the city. The district has until March 16 to comply or appeal.

The ruling is a blow to local district leaders in both Nashville and Memphis, who have argued that a federal privacy law gives them discretion over who gets that information. They also contend that the intent of Tennessee’s new charter law, which passed last year, was that such information should not be used for marketing purposes.

The State Department of Education has backed information requests by LEAD in Nashville and Green Dot Public Schools in Memphis, both of which operate charter schools under the state-run turnaround district known as the ASD. State officials say the information is needed to increase parental awareness about their school options and also to help the state’s school turnaround district with planning.

Nashville’s school board has not yet decided whether to appeal Young’s ruling, according to Lora Fox, the city’s attorney.

Shelby County Schools was not included in the state’s lawsuit leading to this week’s ruling, but the case has implications for Memphis schools as well. Last summer, Education Commissioner Candice McQueen ordered both districts to turn over the information. Both have been defiant.

Lawyers representing all sides told Chalkbeat this week that Young set the March 16 deadline to allow time for the legislature to address ambiguity over the state law and for Nashville schools to notify parents of their right to opt out.

Rep. Bill Forgety already has filed a bill in an attempt to do clear the air. The Athens Republican chaired the key House committee that advanced the new charter law and has said that recruitment was not the intent of the provision over student contact information. His bill would restrict charter school requests to a two-month window from January 1 to March 1, confine school communication with non-students from February 1 to April 1, and open up a two-way street for districts to request the same information from charter schools.

The disagreement began with longstanding requests from state-run charter organizations for addresses, phone numbers and emails of students and their parents who live in neighborhoods zoned to low-performing schools. When local districts did not comply last summer, the charters cited the new state law requiring them to hand over student information to the charter schools within 30 days of receiving the request.

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

Who Is In Charge

Inner circle: Here is the team helping Ferebee chart a new course for Indianapolis schools

PHOTO: Dylan Peers McCoy
Lewis Ferebee

Superintendent Lewis Ferebee has been leading Indianapolis’ largest school district for nearly five years. But in recent months, his circle of advisers has seen some notable changes.

Two leaders who played essential roles in crafting the district plan to close nearly half its high schools and create specialized academies at the remaining campuses have left for other jobs. And a new chief of staff has joined the district as Ferebee’s deputy.

As 2018 begins, the district is at a watershed moment that includes redesigning high schools and appealing to voters for $936 million more in school funding over the next eight years. Here are the eight lieutenants who report directly to Ferebee.

Ahmed Young, chief of staff

PHOTO: Provided by Indianapolis Public Schools
Ahmed Young
  • Salary: $150,000
  • Hired: 2017
  • Duties: General counsel, managing a portfolio of issues related to risk management, IPS Police, student assignment, human resources, and research, accountability and evaluation.
  • His story: Young is the newest member of Ferebee’s team. Before joining in October, he oversaw charter schools for the administration of Indianapolis Mayor Joe Hogsett. Young has a background in education and in law. He taught middle school in Lawrence Township and New York City schools, then practiced law as a prosecutor for the Marion County Prosecutor’s Office and at Bose McKinney & Evans. Young has a secondary education degree and a law degree from Indiana University.

Le Boler, chief strategist

PHOTO: Dylan Peers McCoy
Le Boler
  • Salary: $136,000
  • Hired: 2013
  • Duties: Leads strategic planning, public relations, and parent involvement. She is responsible for fundraising and collaboration with outside organizations.
  • Bio: Boler is one of Ferebee’s closest advisors. She worked with Ferebee in Durham Public Schools, where she was a program strategist, and joined him in Indianapolis at the start of his administration. She also worked with him at Guilford County Schools. She started her career in education through administration support roles for districts in North Carolina. Boler earned a B.A. in business leadership from Ashford University, a mostly online college based in San Diego, and she is pursuing a certificate in strategy and performance management from Georgetown University.

Weston Young, chief financial manager

PHOTO: Dylan Peers McCoy
Weston Young
  • Salary: $140,000
  • Hired: 2015
  • Duties: Oversees budgeting and management of finances. Participates in procurement, accounting, financial reporting, audits, investments, debt service, and economic development issues.
  • His story: Young came to Indianapolis from the private sector, where he was a wealth manager in Zionsville. Previously he worked as a manager, tax consultant, and accountant. He is a CPA with a degree in accounting and business from Taylor University.

Aleesia Johnson, innovation officer

PHOTO: Dylan Peers McCoy
Aleesia Johnson
  • Salary: $125,000
  • Hired: 2015
  • Duties: Oversees innovation schools, including supporting schools, and developing processes for recruiting and selecting school leadership, evaluating existing schools and ending contracts with underperforming schools.
  • Her story: When Johnson joined the superintendent’s team, it was a clear sign of the district’s growing collaboration with charter schools. Before joining IPS, she led KIPP Indianapolis College Preparatory, the local campus of one of the largest national charter networks. She previously worked for Teach for America and as a middle school teacher. Johnson has a BA from Agnes Scott College, a master’s degree in social work from University of Michigan, and a master’s degree in teaching from Oakland City University.

Scott Martin, deputy superintendent of operations

PHOTO: Dylan Peers McCoy
Scott Martin
  • Salary: $150,000
  • Hired: 2014
  • Duties: Oversees all non-academic operations, including facilities, construction management, maintenance, transportation, technology, and child nutrition.
  • His story: Martin came to Indianapolis from Davenport, Iowa, where he oversaw support services for a district of about 16,000 students. He also previously spent nearly a decade with the district in Columbus, Indiana. He has a degree in organizational leadership from Indiana Wesleyan University.

Tammy Bowman, curriculum officer

  • Salary: $125,000
  • Hired: 2014
  • Duties: Oversees curriculum, professional development, gifted, and prekindergarten programs.
  • Bio: Bowman came to Indianapolis from North Carolina, where she oversaw a high school academy for five years. She was director of the early college program, AVID coordinator, Title I coordinator, and a beginning teacher coordinator. She previously taught elementary and middle school. She has education degrees from University of North Carolina at Greensboro, a counseling degree from North Carolina Agricultural and Technical University, and a certificate in administration from Western Carolina University.

Joe Gramelspacher, special project director

PHOTO: Dylan Peers McCoy
Joe Gramelspacher
  • Salary: $100,000
  • Hired: 2014
  • Duties: Manages the administrative affairs of the Superintendent’s Office, coordinates the monthly work of the Board of School Commissioners, and leads and serves on special project teams.
  • His story: Gramelspacher previously served as special assistant to the superintendent. He began his career in education as a math teacher with Teach for America in Colorado and then in Indianapolis. He has degrees in finance and economics from Indiana University and is a 2017 Broad Resident.

Zach Mulholland, board administrator

PHOTO: Dylan Peers McCoy
Zach Mulholland
  • Salary: $100,000
  • Hired: 2015
  • Duties: Manages operations for the Indianapolis Public Schools Board, including developing board policy, developing agendas and schedules, and assisting the board president.
  • His story: Before joining the district, Mulholland was a research analyst for the Indiana University Public Policy Institute Center for Urban Policy and the Environment. He has degrees in political science and economics from Wabash College and a law degree from Indiana University.