Party of Seven

Colorado state board and education commissioner held a secret meeting — but accomplished nothing

On the first Wednesday in March, six of the seven members of the State Board of Education met for a private dinner with the man who was their unanimous pick for education commissioner.

Rich Crandall told them he needed direction. The former Arizona lawmaker and businessman, who briefly served as education chief in Wyoming, had been getting conflicting guidance from board members, he later told Chalkbeat.

Board chairman Steve Durham suggested dinner at the University Club, where the Republican lobbyist from Colorado Springs is a member.

The gathering didn’t go as well as anyone had hoped. Over the course of two hours, board members aired grievances about their pet-peeve education policies and made little headway identifying priorities from a laundry list Crandall proposed as a starting point, according to interviews with participants and public records obtained by Chalkbeat.

Under Colorado open meetings law, meetings of two or more members of state public bodies must be open to the public. But the board issued no public notice and took no minutes, officials said.

In an interview, Durham portrayed the meeting as a social gathering and thus not subject to the state’s open meetings law. But records obtained by Chalkbeat show a detailed discussion was planned to discuss setting key education policy priorities. A department of education spokeswoman acknowledged that the meeting violated state law.

As a result of questions raised by Chalkbeat, board member Jane Goff, an Arvada Democrat, called on the board to review the law and to organize a public retreat to discuss broader education policy and how the board should proceed.

Disclosure of the tensions before and after the March meeting shed more light on Crandall’s brief relationship with the board. Some observers believed the board coalescing on hiring Crandall in December was a turning point after a divisive period.

But Crandall resigned in mid-May. His departure came after a string of resignations by top department officials and criticism that he didn’t give clear direction to staff. Crandall agreed to resign “in lieu of termination” and cite personal reasons, according to a settlement agreement.

Now, the state is again without a chief schools officer as Colorado faces critical decisions about issues ranging from how to respond to changes brought by a new federal education law to taking action against schools that are failing low-income students.

Katy Anthes, the department’s chief of staff, is serving as interim commissioner. The board has not signaled when it will begin a search for a permanent commissioner.

‘A social opportunity’

By the time Crandall had asked for clearer marching orders, he had already met with almost every member of the State Board individually — in some cases, two or three times.

Education Commissioner Rich Crandall on a visit this spring to the Denver School of Innovation and Sustainable Design.
PHOTO: Eric Gorski
Education Commissioner Rich Crandall on a visit this spring to the Denver School of Innovation and Sustainable Design.

Before the dinner, Crandall sent board members a list of some 25 education topics ranging from accountability to school choice to the nation’s new federal law, according to an email obtained by Chalkbeat in an open records request. He asked board members to arrive with the list printed and four to five topics circled.

“I am hoping this list spurs a conversation toward areas we may want to focus on the next one to three years,” he wrote.

He also asked board members to be prepared to answer the question: What is the “appropriate outcome for a K-12 education?”

“This will help drive our work at the Department,” Crandall wrote.

Durham denied that topics listed in the email were discussed.

“It was just a social opportunity to get to know the commissioner a little better,” Durham said.

But other board members acknowledged that items on the list, as well as others, were discussed in broad terms.

Colorado’s open meeting law requires that when two or more state elected officials meet to discuss matters related to their policy making function, the public must be notified at least 24 hours in advance. Minutes are also to be kept. Neither happened with the March meeting.

“This is a discussion that should have taken place at a public meeting,” said Jeff Roberts, executive director of the Colorado Freedom of Information Coalition, a group of journalists, organizations and individuals promoting transparency. (Chalkbeat is a member of the coalition.)

There are exceptions to the state’s open meeting law. Chief among them is a “chance meeting or social gathering at which discussion of public business is not the central purpose.”

“If it truly was a social gathering and they were there to talk about their summer vacation plans or the presidential election, then that’s fine,” Roberts said. “But if it’s a meeting where they talk about their own policy goals, even if it’s at a 30,000-foot-view level, then it’s an open meeting.”

Crandall, in an interview, didn’t dispute the meeting should have been public. When asked why the public wasn’t notified of the meeting, he said it wasn’t his responsibility.

“The board has its own people,” he said, referring to board staff.

Colorado Department of Education spokeswoman Dana Smith said the meeting violated state law.

“Even though the primary purpose was social, with the commissioner’s subjects he wanted to talk about, we should have noticed the meeting,” Smith said in an interview.

She described it as an oversight and pledged that the department would ensure it does not happen again.

‘Little accomplished’

Crandall and board members agree that little came into focus that evening.

Steve Durham
PHOTO: Denver Post
Steve Durham

“There was very little accomplished that night as far as a strategic plan for the state board of education,” Crandall said. “It was more board members sharing their displeasure with education topics like Common Core, turnaround efforts, PARCC (state tests). I could give you a long list.”

Republican Deb Scheffel of Parker remembers the evening being more cordial.

“We talked broadly about him coming to Colorado and the role of the commissioner, about a lot of issues we’re dealing with,” she said. “I’m sure we did talk about issues — generally speaking, about what is Colorado facing, where are right now with education reform. But those are broad topics.”

Goff, of Arvada, said Crandall’s list was daunting.

“We tried to make a start on this list,” she said. “But it’s a huge list. Rich said he had some things on his mind he wanted to talk about. I’m gonna say it — we didn’t make a lot of headway with what I would interpret as productive progress.”

Democrat Angelika Schroeder of Boulder had a prior engagement and did not attend the meeting.

‘Easier to suggest now’

As governing boards change hands, members often take time to step back and hold retreats to discuss strategic vision.

Other times, like in the case of the Denver school board in 2009, retreats are held to mend wounds. Those meetings, like board meetings where votes are taken, are posted and open to the public and press to attend.

The State Board of Education has not held a retreat since the three new members — Durham, Republican Joyce Rankin of Carbondale and Democrat Val Flores of Denver — joined the board during the last two year. Instead, the board has made headlines for a number of controversies.

In 2015, a fractured board refused to set cut scores on the state’s social studies test halting the release of the results and spent months embroiled in a debate about a long running health survey given to Colorado’s middle and high schools.

More recently, the board was split on whether to recognize a seal of biliteracy on Colorado students diploma, but made is a requirement that all elementary school students who speak a second language be tested in both English and Spanish to identify reading disabilities despite objections from school districts.

Former State Board chairwoman Marcia Neal attempted to pull together a retreat before she resigned one year ago, citing health issues and the board’s dysfunction.

Board member Goff said now may be the time for the board to have a retreat.

“I wish we had a plan to have one,” she said. “I think this board is in a pretty good place to get some things accomplished through a more formal (retreat). …. I think it will be easier to suggest now.”

Rich Crandall’s email

Update: This post has been updated to better reflect Rich Crandall’s job history. He briefly served as the chief schools officer in Wyoming. 

By the numbers

NYC announces it will subsidize hiring from Absent Teacher Reserve — and sheds light on who is in the pool

PHOTO: Caroline Bauman

Ever since the city announced a new policy for placing teachers without permanent positions into schools, Chalkbeat and others have been asking questions about just who is in the pool, known as the Absent Teacher Reserve.

Now we have some answers.

The education department released figures on Friday that show a quarter of teachers currently in the the pool were also there five years ago, and a third ended up in the ATR because of disciplinary or legal issues. The average salary for teachers this past year was $94,000, according to the data.

The city also said it would extend budget incentives for schools that hire educators from the ATR, a change to its initial announcement. Principals have raised concerns about the cost of hiring from the ATR, since its members tend to be more senior, and therefore more expensive, than new teachers.

The ATR is comprised of teachers who don’t have regular positions, either because their jobs were eliminated or because of disciplinary issues. It cost almost $152 million in the last school year — far more than previously estimated — and currently stands at 822 teachers.

In July, the city announced a plan to cut the pool in half by placing teachers into vacancies still open after the new school year begins — even potentially over principals’ objection.

Critics have argued that the city’s new placement policy could place ineffective teachers in the neediest classrooms. StudentsFirstNY Executive Director Jenny Sedlis called the move “shockingly irresponsible” in a statement.

“There are reasons why no principal has chosen to hire them and this policy is bad for kids, plain and simple,” she said.

But Randy Asher, the former principal of Brooklyn Technical High School who is now responsible for helping to shrink the pool, called the new policy “a common sense approach to treating ATR teachers like all other teachers,” since they now have the opportunity to be evaluated by a school principal.

Here’s what the latest numbers tell us about who is in the pool.

How did educators end up in the Absent Teacher Reserve?

Most of the educators in the ATR were placed there because their schools had closed (38 percent) or due to budget cuts (30 percent.)

Another 32 percent entered the pool because of a legal or disciplinary case.

How effective are they?

A majority — 74 percent — received an evaluation rating of “highly effective,” “effective” or “satisfactory” in 2015-16, the most current year available. Current ratings for teachers citywide were not immediately available, but in 2014-15, 93 percent of teachers overall were rated effective or highly effective, according to the Wall Street Journal.

Twelve percent of teachers in the pool received an “ineffective” or “unsatisfactory” rating in 2015-16, and about 7 percent received a “developing” rating, one step up from ineffective.

Some teachers in the ATR say evaluations can be unfair since teachers are often placed in classrooms outside of the subjects they are equipped to teach and because they are bounced between classrooms.

Asked whether teachers with poor ratings would be placed in classrooms, Asher said “all” teachers in the ATR have traditionally been placed in school assignments.

“They’re in schools, no matter what. It’s a question of what is their role in the school, and how are they supported and evaluated,” he said. “Obviously we will look at each individual teacher and each individual assignment on a case-by-case basis.”

How experienced are they?

Teachers in the ATR have an average of 18 years of experience with the education department, and earn an average salary of $94,000. By comparison, the base salary for a New York City teacher as of May 2017 was $54,000.

How long have they been in the pool?

Almost half the educators who are currently in the pool were also there two years ago. A quarter were in the ATR five years ago. That doesn’t mean that teachers have remained in the ATR for that entire time. They could have been hired for a time, and returned to the pool.

Still, the figures could be fuel for those who argue educators in the ATR either aren’t seriously looking for permanent jobs — or that the educators in the pool are simply undesirable hires.

How will schools pay for them?

Teachers in the ATR have argued that their higher salaries are one reason principals avoid hiring them — a concern that principals voiced in a recent Chalkbeat report.

“This is part of the injustice of the ATR placement,” said Scott Conti, principal of New Design High School in Manhattan. “Schools might not want them and they will cost schools more in the future, taking away from other budget priorities.”

Under the policy announced Friday, the education department will subsidize the cost of ATRs who are permanently hired, paying 50 percent of their salaries next school year and 25 percent the following school year.

Where have they worked previously?

This question is important because the answer gives a sense of where educators in the ATR are likely to be placed this fall. The education department’s original policy called for an educator to be placed within the same district they left, but the change announced in July allowed for placement anywhere within the same borough.

Almost half of ATR members, as of June 2016-17, came from high schools. That isn’t surprising: Former Mayor Michael Bloomberg and Chancellor Joel Klein targeted large high schools for closure, breaking them up into smaller schools as part of a turnaround strategy.

Of the school districts serving K- 8 students, District 19 in Brooklyn’s East New York and District 24 in Queens had among the most educators in the ATR. Each had 26.

What subjects do they teach?

The largest share of teachers in the ATR — 27 percent — are licensed to teach in early childhood or elementary school grades. Another 11 percent are licensed social studies teachers, 9 percent are math teachers and 8 percent are English teachers.

Questions have been raised in the past about whether the teachers in the pool had skills that were too narrow or out of date. A 2010 Chalkbeat story found that a quarter of teachers then in the pool were licensed to teach relatively obscure classes like swimming, jewelry-making and accounting.

share your story

Teachers: How does your district handle family leave? How did it affect your life?

PHOTO: Logan Zabel

New York City is in the news because a petition there is calling for the city to create paid family leave for teachers, who currently must use accrued sick days if they have a child and are limited to six paid weeks off.

Chalkbeat wants to know: How do other districts and schools compare? What implications do these policies have for educators and their families?

If you have an experience to share, or can simply explain how this works where you work, please tell us here. Your answers will help guide our reporting.