Starting on the wrong foot

School funding bill off to rocky start after complaints of “ambush”

Reps. Bob Rankin and Millie Hamner had to defend their school finance bill against complaints that it was rushed.

Everybody likes the fact that the proposed 2016-17 school finance bill doesn’t increase the K-12 funding shortfall, but the measure’s rushed introduction Monday ruffled a lot of feathers.

The measure would allocate $6.4 billion for basic school operations in 2016-17, up from $6.2 billion this school year. The bill would hold the K-12 funding shortfall, often called the negative factor, at $831 million, the same level as this year. See the chart at the bottom of this article for the impact on individual districts.

The bill is seen as modest good news for school districts, who’ve faced tight funding since 2009, when declines in state revenues forced substantial cuts. The state constitution requires base K-12 funding – about 75 percent of total support – to increase every year by inflation and enrollment. The bill does that.

Holding the shortfall to $831 million is considered a victory because projections made before the session convened put that figure as high as $905 million.

The bill would set average per-pupil funding at $7,424, up from this year’s $7,312.

The bill’s rushed introduction left members of the House Education Committee scrambling to understand it when they convened only about 90 minutes after House Bill 16-1442 was formally introduced.

“To rush this most important bill through the process” was unfair to members and to the state’s school districts, said Rep. Jim Wilson, R-Salida.

Sen. Owen Hill, whose Senate Education Committee will hear the bill later, was more blunt. “I was shocked. … This ambush was unacceptable,” arguing that House members were ambushed because they faced with voting on a bill they didn’t had time to review.

Wilson and a couple of other GOP members harped on the issue throughout the 80-minute hearing, to the irritation of chair Rep. Brittany Pettersen, D-Lakewood.

Bill sponsor Rep. Millie Hamner said the measure came up when it did because it needs to move in tandem with the main state budget bill, also introduced Monday. The budget and companion measures, including school finance, were finished over the weekend, so Monday was the first opportunity to introduce them. The Dillon Democrat is chair of the Joint Budget Committee.

She said the school measure is “a bill we should all be cheering about.”

Her cosponsor, Republican Rep. Bob Rankin of Carbondale, also tried to downplay the complaints. “I don’t think there are many major issues we can’t deal with despite the short notice.” He noted that the JBC had to trim other parts of the budget like transportation and Medicaid in order to set school funding at the proposed levels.

Democrats control the House, so a few irritated Republicans aren’t likely to change the bill much. The GOP-majority Senate may be more troublesome for the bill.

Hill said rushed House consideration of the bill short-changed public review and testimony. He indicated Senate Education will take a longer look at the bill and likely will consider amendments to expand parent choice. Hill was mad enough about the situation that he sent out an email blast criticizing what the House did.

The House panel spent a lot of time on two secondary elements of the bill.

The first of those would change current state law that sets minimum funding for very small districts at 50 students, even if they have a smaller number of actual students. The bill proposes a system under which the floor would be 30 students for the very smallest districts.

The change could be a big blow to the 19-student Agate district on the eastern plains. Hamner proposed an amendment that would delay the cut for Agate by a year, but the committee voted that down.

Another section of the bill would modestly increase funding for a handful of districts that have between 4,000 and 5,000 students. Some of the affected districts are in Hamner and Rankin’s House districts. Rep. Kevin Priola, R-Henderson, said that “benefits the sponsors, which we’ll discuss on the floor.”

The committee passed the finance bill 9-2. It goes Tuesday to the House Appropriations Committee, along with the main budget, House Bill 16-1405. That hearing should be a formality, but finance bill debate on the floor later this week could be lively.

Learn more about the bill is this analysis by legislative staff.

Incentives

Westminster district will give bonuses if state ratings rise, teachers wonder whether performance pay system is coming

PHOTO: Nicholas Garcia
Students work on an English assignment at M. Scott Carpenter Middle School in Westminster.

Teachers and employees in Westminster Public Schools will be able to earn a bonus if they help the struggling district improve its state ratings next year.

The district’s school board on Tuesday unanimously approved the $1.7 million plan for the one-year performance stipends, the district’s latest attempt to lift the quality of its schools.

School employees can earn $1,000 if their school meets a district-set score, or up to $2,000 if they reach a more ambitious goal the school sets. District employees, including the superintendent, can earn $1,000 if the district as a whole jumps up a rating next year.

“We recognize that everyone plays a critical role in increasing student achievement and we decided that if a particular school or the district as a whole can reach that next academic accreditation level, the employees directly responsible should be rewarded,” board president Dino Valente said in a statement.

The district is one of five that was flagged by the state for chronic low performance and was put on a state-ordered improvement plan this spring.

District officials have disputed state ratings, claiming the state’s system is not fairly assessing the performance of Westminster schools. Middle school teacher Melissa Duran, who also used to be president of the teacher’s union, drew a connection between that stance and the new stipends, saying any extra pay she gets would be based on one score.

“The district has gone to the state saying, ‘Why are you rating us on these tests, look at all the other things we’re doing’” Duran said. “Well, it’s the same thing for teachers. They’re still basing our effectiveness on a test score.”

Teachers interviewed Thursday said their first thoughts upon learning of the plan was that it sounded like the beginnings of performance pay.

“I already get the point that we are in need of having our test scores come up,” said math teacher Andy Hartman, who is also head of negotiations for the teacher’s union. “Putting this little carrot out there isn’t going to change anything. I personally do not like performance pay. It’s a very slippery slope.”

District leaders say they talked to all district principals after the announcement Wednesday, and heard positive feedback.

“A lot of the teachers think this is a good thing,” said Steve Saunders, the district’s spokesman.

National studies on the effectiveness of performance pay stipends and merit pay have shown mixed results. One recent study from Vanderbilt University concluded that they can be effective, but that the design of the systems makes a difference.

In Denver Public Schools, the district has a performance-pay system to give raises and bonuses to teachers in various situations. Studies of that model have found that some teachers don’t completely understand the system and that it’s not always tied to better student outcomes.

Westminster officials said they have never formally discussed performance pay, and said that these stipends are being funded for one year with an unanticipated IRS refund.

Westminster teachers said they have ideas for other strategies that could make a quick impact, such as higher pay for substitutes so teachers aren’t losing their planning periods filling in for each other when subs are difficult to find.

Waiting on a bonus that might come next year is not providing any new motivation, teachers said.

“It’s a slap in the face,” Duran said. “It’s not like we are not already working hard enough. Personally, I already give 110 percent. I’ve always given 110 percent.”

Last month, the school board also approved a new contract for teachers and staff. Under the new agreement, teachers and staff got a raise of at least 1 percent. They received a similar raise last year.

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.