Taking on SB 191

New bill would eliminate use of student growth data in teacher evaluations

High school language arts teacher Kimba Rael, left, talks homework with student Shantelle Bell, Centennial High School in San Luis (Photo by Hyoung Chang/The Denver Post).

An unlikely pair of senators has teamed up to mount an assault on Colorado’s landmark educator evaluation law, which still hasn’t been fully put into practice after six years.

School districts could drop use of student academic growth data in teacher evaluations under a bill introduced Friday by Sens. Mike Merrifield and Vicki Marble.

The proposal, Senate Bill 16-105, also would give districts discretion to eliminate annual ratings for teachers who are rating effective or highly effective.

The prime sponsors are something of a political odd couple, liberal Democrat Merrifield of Colorado Springs and conservative Republican Marble of Fort Collins.

But the two have made common cause in opposition to state standardized testing and to using testing data to evaluate educators. Merrifield, a retired music teacher, is a longtime opponent of the landmark evaluation system created by a 2010 law. Marble is the legislature’s most vocal critic of the state testing system.

Their bill going after the educator effectiveness law had been expected, and they’ve also teamed up on Senate Bill 16-005, a measure to eliminate 9th grade testing.

State law requires that principals and teachers be evaluated annually and that at least 50 percent of those evaluations be based on student academic growth as determined by state test scores and other district and classroom measures.

Because the state switched to the new PARCC tests in 2015, no state growth data is being used to evaluate teachers this school year. Districts instead must use locally chosen tests and other measures.

The new bill would eliminate the academic growth requirement but let districts use student growth for up to 20 percent of evaluations if they choose. Districts that have their own evaluation systems could exempt principals and teachers from annual reviews if they’ve previously been rated effective or highly effective. They would have to be evaluated at least every three years.

Such a major change in the evaluation system is considered a long shot this session and likely would face a gubernatorial veto if it passed both houses.

Merrifield, as a solo sponsor, introduced a similar bill in 2015. It never got out of the Senate Education Committee.

Merrifield and Marble sit on that nine-member committee. Two other panel members, Democratic Sens. Andy Kerr of Lakewood and Nancy Todd of Aurora, are cosponsors of SB 16-105. There’s no House sponsor yet.

Two other education bills were introduced Friday.

Senate Bill 16-101 would create a five-member ethics commission within the Department of Education to hear ethics complaints against members of school district and charter boards. Kerr is the prime Senate sponsor.

Senate Bill 16-104 proposes several programs to encourage teachers to work in rural school districts, including creation of rural education centers, stipends for student teachers, cadet programs in rural districts to encourage high school students to become teachers and financial support of rural teachers who seek board certification or credentials for teaching concurrent college courses. The introduced version doesn’t include a price tag. Todd is the prime Senate sponsor, teamed with Rep. Jon Becker, R-Fort Morgan, in the House.

holding pattern

The Denver district asked for state intervention in a pending teacher strike. Here’s what that means.

PHOTO: Erica Meltzer/Chalkbeat
Office of Colorado Gov. Jared Polis.

After meeting with Gov. Jared Polis for roughly an hour Wednesday morning, Denver Public Schools officials formally requested state intervention in a potential teacher strike.

The request is not a surprise — Denver Superintendent Susana Cordova said she would ask for state intervention almost immediately after the Denver teachers union on Jan. 8 filed its notice of intent to strike — and it does not necessarily mean the strike won’t go forward. It could, however, delay it.

Without state intervention, a Denver strike could start as soon as Monday.

However, no action can occur while a decision is pending. Now that the district has filed its request, teachers cannot legally strike until a decision about intervention is made. That potentially provides time for more negotiations to occur. 

By law, the teachers union has 10 days to respond to the district’s request for intervention, and the department then has 14 days to make a decision. However, neither side is required to take the full time, state labor officials said. That means this could all play out before the end of the week, clearing the way for a strike, or drag into February.

Denver Classroom Teachers Association members voted overwhelmingly to go on strike after months of negotiations over teacher pay and the structure of ProComp, a system that provides bonuses and incentives to teachers on top of base pay, ended without an agreement.

The two sides are about $8 million apart and also disagree strongly about how much money should go toward incentives for teachers at high-poverty schools. The union wants more money to go toward base pay, while the districts sees the incentives as an important tool in attracting and keeping teachers at more challenging schools.

Typically, the Department of Labor and Employment only intervenes when both sides request it. However, the head of the department, who is appointed by the governor, can intervene if they believe it is in the public interest. The state cannot impose an agreement on the two sides, but it can provide mediation, conduct fact-finding, or hold hearings to try to bring the two parties together.

During the intervention period, which can last as long as 180 days, teachers and special service providers, like nurses, counselors, and school psychologists, also could not legally strike.

Denver Public Schools and the teachers union already have been working with a mediator for months. In the Pueblo teachers strike in May, the state declined to intervene because the two sides had already used mediation and fact-finding. 

“The governor is being thoughtful about the appropriate role he can take in helping settle this,” Cordova said as she left her meeting with the governor at midday.

Shortly afterward, a spokesperson for the Department of Labor and Employment confirmed that Denver Public Schools had filed a request for intervention with the department.

Representatives of the Denver Classroom Teachers Association declined to comment. They are also scheduled to meet with the governor Wednesday.

“This is his effort to hear from both sides, to give both of us a chance to explain why we’ve created our proposals the way we have, and think about next steps,” Cordova said.

Cordova said she believes an outside party can help make progress where the two sides could not.

“There is deep mistrust on the part of our teachers,” she said. “Being in a place where we all feel confident we understand the facts would be really helpful.”

This morning, Denver Public Schools parents received an automated message from Cordova assuring them that school will continue as usual this week.

District officials are asking parents to make sure their contact information and any student medication records are up to date in the Parent Portal as they expect to use substitute teachers and redeployed central office staff — people who will not know students and their families the way classroom teachers do — to keep schools operating.



silver screen

United Federation of Teachers drops more than $1 million on new ad campaign

PHOTO: Courtesy photo/UFT
In a new ad released by The United Federation of Teachers, a teacher crouches at a student's desk and smiles.

Amid a wave of teacher activism nationwide and major threats to the influence of unions, the United Federation of Teachers is expected to spend more than $1 million on a primetime television and streaming ad featuring local educators.

The 30-second spot hit the airwaves on Jan. 23 and will run through Feb. 1, with an expected audience of 11 million television viewers and 4 million impressions online, according to the union.

Featuring a chorus of singing students, bright classrooms, and a glamour shot of the city, the ad is called “Voice.” A diverse group of teachers declares: “Having a voice makes us strong. And makes our public schools even stronger.” It ends with the message, “The United Federation of Teachers. Public school proud.”

The union, the largest local in the country, typically runs ads this time of year, as the legislative session in Albany heats up and city budget negotiations kick-off. But this time, the campaign launches against the backdrop of an emboldened teaching force across the country, with a teacher strike in Los Angeles and another potentially starting next week in Denver.

UFT is also eager to prove its worth after the recent Janus Supreme Court ruling, which could devastate membership by banning mandatory fees to help pay for collective bargaining. So far, membership has remained strong but the union could face headwinds from organized right-to-work groups and the sheer number of new hires that come into the New York City school system every year.

The ad will run locally during programs including “The Late Show with Stephen Colbert” and “Good Morning America,” on networks such as MSNBC and CNN, and on the streaming service Hulu. You can watch the ad here.