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.

Future of Teaching

Undocumented students face hurdles getting into college. Here’s how Indiana teachers have helped them succeed

PHOTO: Shaina Cavazos
Cinthia, Jessika Osborne, Angela Adams, and Karina Garduño were panelists featured in a discussion moderated by Mike Elsen-Rooney, a reporter with the Teacher Project. The event focused on undocumented students' access to college.

Navigating the college admissions process can be a challenge for any student, but in Indiana, undocumented students can face extra hurdles in pursuing higher learning. That’s because Indiana is one of just six states that prohibits undocumented students from receiving in-state tuition rates at public universities.

Helping Indiana teachers identify pathways to college — and through college — for their undocumented students was a focus of a panel discussion Wednesday, put on by WFYI Public Media and the Teacher Project, an education reporting fellowship at Columbia Journalism School. Educators in the state say that in recent years, they have noticed an increase in undocumented students in their classroom, and many of these students assume that higher education is out of reach for them.

Under federal law, all students must be allowed to attend public K-12 schools, regardless of immigration status. But access to public colleges in Indiana is inextricably tied to immigration status. While it’s possible for undocumented students to be accepted at and to enroll in colleges, entrance exams and figuring out how to cover the tuition, can be tricky, especially because undocumented students can’t receive federal student aid. They also worry that the application process puts themselves and their families at greater risk of deportation.

Wednesday’s event was held at the WFYI offices in Indianapolis and brought out dozens of educators, students, and community members. The gathering was part of an ongoing series about the intersection of education and immigration.

The panel featured Cinthia, an undocumented student who graduated from Emmerich Manual High School in 2015. Cinthia did not provide her last name because of her immigration status. She spoke passionately about how instrumental her English-as-a-new-language teacher, Jessika Osborne, was in eventually getting her to college and ensuring she felt safe once there.

“She’s always been in my life,” Cinthia said. “I felt like Osborne would protect me no matter what.”

Cinthia, Osborne, and two other panelists answered questions and participated in a moderated discussion about advice for other educators struggling with how best to help their students who are undocumented pursue higher education.

Read more: Should undocumented students be afraid? These are their rights.

Work to build trust.

Karina Garduño, IUPUI’s assistant director of multicultural planning and another panelist, said one of the biggest hurdles for teachers is determining which of their students might be undocumented, and therefore might need extra help with the college admissions process.

Garduño said the first step is establishing a good rapport. When students trust you and feel comfortable, they are more likely to disclose their immigration status and open up about whether or not they need assistance with the college process.

“A lot of these students will not share this information with just anybody,” Garduño said.

Making the time to do this outreach is no easy feat for many educators in the state. Garduño said she’s known guidance counselors who are responsible for hundreds of students. Such ratios aren’t uncommon in Indiana or across the country.

“As much as you are well-intentioned and really want to help, your human capacity is not necessarily always there because you have so many students to serve and they each have so many individual needs,” she said.

Osborne said she, too, has felt overwhelmed juggling her classroom responsibilities with the intense needs of her students, especially amid changing policies around immigration and undocumented populations. Still, she’s seen how consistent effort to build trust with students can pay off.

“There wasn’t a time where I remember Cinthia saying, ‘I’m undocumented,’” Osborne said. Rather, there were just hints over time that Cinthia needed help applying for college and getting paperwork that proved she was in school.

To help students like Cinthia, Osborne said she sometimes gives up her lunch hour and planning time. She also makes herself available after school and before sports practices begin.

Don’t panic.

Angela Adams, also a panelist and an Indianapolis-based immigration attorney, said she gets a lot of questions about whether teachers need to report students who disclose they are undocumented, or whether helping them is “aiding and abetting” some kind of crime.

“First of all, don’t panic,” Adams said. “You’re not doing anything wrong by not reporting this person or by having this person in your classroom.”

Adams said FERPA, the federal Family Educational Rights and Privacy Act that protects certain information about students, applies here.

“You can’t disclose to third-parties even if you wanted to — you’d probably be losing your job,” Adams said.

Know your limits.

Adams and Garduño encouraged teachers to be supportive, but not to go beyond their roles as educators. For example, they can reassure their students that they won’t tell anyone about their plight without their permission. But they shouldn’t be giving out legal advice. Rather, they can recommend speaking with an immigration attorney.

“Be careful,” Adams said. “Because you don’t know what you don’t know … you could end up getting someone in a worse situation even if you’re trying to do the right thing.”

And in the meantime, panelists advocated that teachers familiarize themselves with available resources, such as the American Immigration Lawyers Association, Indiana Undocumented Youth Alliance, La Plaza, and the Indiana Latino Institute.

In the classroom, Osborne suggested teachers identify when it might be wise to avoid working in large groups on college-related assignments. At Manual, she said, students have been taken in groups to a computer lab to fill out college financial aid forms. But undocumented students might not feel comfortable in that setting — and some just didn’t show up, she said.

Osborne said her department has also held smaller parent nights for information about immigration, the college application process, and the federal Deferred Action for Childhood Arrivals program, or DACA.

Most of all, Cinthia said, she appreciated that Osborne and other teachers never made her feel like her dream to complete her education and become a nurse was out of reach — even if she faced more challenges along the way.

“Don’t make them feel like they’re not going to finish,” Cinthia said. “Just help them and support them through the whole way.”

election 2019

College student, former candidate jumps into Denver school board race – early

PHOTO: Andy Cross/The Denver Post
Tay Anderson speaks to students at Denver's South High School in May 2017.

A Denver college student who as a teenager last year unsuccessfully ran for a seat on the district’s school board announced Wednesday that he plans to try again in 2019.

Tay Anderson, 20, said he will run next November for the board seat currently occupied by Happy Haynes. Haynes, a longtime Denver politician who is executive director of the city’s parks and recreation department, does not represent a particular region of the school district. Rather, she is one of two at-large members on the board. Haynes was first elected to the school board in 2011 and is barred by term limits from running again.

Haynes supports the direction of Denver Public Schools and some of its more aggressive improvement strategies, such as closing low-performing schools. Anderson does not.

He is the first candidate to declare he’s running for the Denver school board in 2019. Haynes’ seat is one of three seats that will be open in 2019. There is no school board election this year.

In 2017, Anderson ran in a heated three-way race for a different board seat representing northeast Denver. Former teacher Jennifer Bacon won that seat with 42 percent of the vote.

Anderson, a vocal critic of the district, campaigned on platform of change. He called for the district to improve what he described as weak community engagement efforts and to stop approving new charter schools, which are publicly funded but independently run.

Bacon also questioned some of the district’s policies. The Denver teachers union endorsed her over Anderson, who raised the least amount of money of the three candidates. Bacon was one of two new board members elected in 2017 who represent a more critical perspective. The 2019 election is likely to involve many of the same debates over education reform.

Anderson is a graduate of Denver’s Manual High School. He is now a student at Metropolitan State University, where he is studying education. He said he also works at Hinkley High School in neighboring Aurora, helping with the school’s restorative justice program, a method of student discipline that focuses on repairing harm rather than doling out punishment.

Anderson posted his campaign announcement on Facebook. It says, in part:

After a lot of thought, prayer, and seeking guidance from mentors, I decided this is the path I need to pursue to fulfill my commitment to the students, teachers, and community of Denver. I learned many valuable lessons during my campaign in 2017 and I know that I need to prepare and ensure that I have the adequate time to be in every part of Denver to connect with as many voters as possible, which is why I am getting to work now!

My dedication to Denver Public Schools has always been deeply personal and this campaign is reflective of that. As I gear up for another campaign, I am once again driven and motivated by my grandmother, who was an educator for over 35 years. Her tenacity to never give up is what drives my passion for the students in Denver Public Schools. I am determined to follow in her footsteps. I have organized students around school safety and more importantly impacted students’ lives in Denver Public Schools and Aurora Public Schools. These students have a voice and I am prepared to fight for their agency in their education.