up in the air

Republican’s lead in State Board of Education race narrows, possible recount looms

PHOTO: Nicholas Garcia
Rebecca McClellan, a candidate for the State Board of Education, greets a participant at a forum in Aurora.

The outcome of a high-stakes race to determine partisan control of the Colorado State Board of Education will not be known until early next week at the earliest — and the numbers are so close, an automatic recount looms as a strong possibility.

Over the past two days, incumbent Republican Debora Scheffel’s early lead over Democratic Rebecca McClellan has narrowed. As of Friday morning, Scheffel led just by just 294 voters out of 349,470 ballots counted, according to the Secretary of State.

That is close enough to trigger a recount under state law.

However, an undisclosed number of ballots still must be counted in the counties that make up the congressional district Scheffel currently represents on the state board. The highly competitive 6th Congressional District includes portions of Arapahoe and Adams counties, as well as a small portion of Douglas County.

An Adams County spokeswoman said that ballots there were not being counted on Friday because of the Veterans Day holiday, and that the next returns would be released “early next week.” Arapahoe County election workers continued to count ballots on Friday, and an update was expected by late afternoon, a spokeswoman said.

As of Thursday morning, about 8,000 ballots in Arapahoe County and about 9,000 in Adams County still had to be counted, officials said at the time. It was not immediately clear Friday how many ballots are outstanding.

Also, not all those outstanding ballots have the state board race on the ballot. Some voters in those counties live in other congressional districts. For example, voters in Adams could live in either the 4th, 6th or 7th district.

The Scheffel-McClellan contest is far tighter than the headline matchup in the 6th Congressional District that pit incumbent Republican U.S. Rep. Mike Coffman against Democratic state Sen. Morgan Carroll. Coffman won re-election by 9 percentage points. The current margin separating Scheffel and McClellan is less than 1 percent.

For a recount to happen, the difference between the candidates must be less than or equal to one-half of one percent of the winner’s total vote count, according to state law. The current count is within that.

“I think this race is a better reflection of the mix in the district,” McClellan, who raised more money than Scheffel and had the support of a political committee tied to the nonprofit Democrats for Education Reform, said earlier this week.

About 3,000 votes in Douglas County have also not been counted. But those votes won’t be included in the county’s total until after Nov. 16, said Merlin Klotz, Douglas County’s clerk. Those ballots have been set aside because of irregularities. Voters have eight days to address those irregularities in order for their vote to be counted.

Klotz said he doubted those 3,000 ballots could sway the race because of how few Douglas County voters live in the 6th district.

Tough talk

State ed officials rip into ‘insulting’ SUNY charter proposal and ‘outrageous’ Success Academy chair

PHOTO: Monica Disare
State Education Commissioner MaryEllen Elia and Board of Regents Chancellor Betty Rosa

The state’s top two education officials did not pull punches at a panel Wednesday that touched on everything from last weekend’s racist violence in Charlottesville to recent charter school debates.

State Education Commissioner MaryEllen Elia took an uncharacteristically combative position against SUNY’s proposal to let some charter schools certify their own teachers — arguing it would denigrate the teaching profession and is not in the best interest of children.

“I could go into a fast food restaurant and get more training than that,” Elia said about the proposal, which would require 30 hours of classroom instruction for prospective teachers. “Think about what you would do. Would you put your children there?”

Board of Regents Chancellor Betty Rosa denounced Success Academy’s board chair, Daniel Loeb, whose racially inflammatory comment about state Senate Democratic Leader Andrea Stewart-Cousins drew headlines, and pointedly referred to New York City officials’ reluctance to talk about school segregation.

Wednesday’s conversation was sprawling, but its discussion of race and education had a particular urgency against the national backdrop of Charlottesville — and the president’s reluctance to denounce neo-Nazis and white supremacists in its aftermath.

The following are some of the most charged moments of the panel, held at the Museum of Jewish Heritage and hosted by City & State:

Segregation — “you’ve got to name it”

In response to a question about New York City’s diversity plan, which was widely criticized for not using the word “segregation,” Rosa suggested the city should have gone further.

“We committed to, as a department and as a Board of Regents, [the] notion of naming it,” Rosa said, referring to the state’s draft integration statement, which referred to New York schools as the most segregated in the country. “You’ve got to name it.”

Elia chimed in too, tying integration to the recent events in Charlottesville.

“I would say the last six days have pointed out to all of us that, clearly, this is something that must be on the agenda,” Elia said.

Dan Loeb — “absolutely outrageous”

Loeb ignited a firestorm over the past week with a Facebook post that said people like Stewart-Cousins, an African-American New York State Senator he called loyal to unions, have caused “more damage to people of color than anyone who has ever donned a hood” — an apparent reference to the Ku Klux Klan. (He has since taken down the post and apologized.)

Rosa strongly condemned the comments in the same breath as she denounced the violence in Charlottesville, and said children of color at Success Academy would be “better served” without Loeb leading the board.

“I am outraged on every single level,” she said. “Comparing the level of commitment of an African-American woman that has given her time and her commitment and dedication, to compare her to the KKK. That is so absolutely outrageous.”

Elia seemed to pick up on another part of Loeb’s statement, which referred to “union thugs and bosses.”

“For anyone to think that we can be called thugs,” Elia said. “People [do] not realize the importance of having a quality teacher in front of every child.”

SUNY proposal — “insulting”

SUNY Charter Schools Institute released a proposal in July that would allow some charter schools to certify their own teachers. The certification would require at least 30 hours of classroom instruction and 100 hours of teaching experience under the supervision of an experienced teacher.

But as the requirements currently stand, both Elia — who compared the training to that of fast food workers — and Rosa took aim.

“No other profession, not the lawyers who are sitting in that SUNY Institute, would accept that in their own field. So if you don’t accept it for your very own child, and you don’t accept it for your very own profession, then you know what? Don’t compromise my profession. I think it’s insulting,” Rosa said.

Joseph Belluck, the head of SUNY’s charter school committee, said earlier this month that the committee is considering revising those requirements before the draft comes to the board for a vote. But he fired back after Rosa and Elia bashed the proposal on Wednesday.

“Commissioner Elia and Chancellor Rosa are proponents of the status quo,” Belluck said in an emailed statement. They have “no substantive comments on our proposal — just slinging arrows. Today, they even denigrated the thousands of fast food workers who they evidently hold in low esteem.”

try try again

Feds to Colorado: You must count students who opt out of standardized tests

Seniors at Fairview High School in Boulder protested a standardized test in November 2014. (Photo by Nic Garcia/Chalkbeat)

Colorado’s policy of not penalizing schools that fail to meet federal requirements for student participation in state tests isn’t going over well with the federal government.

The U.S. Department of Education told state officials in a letter Friday that the policy is not acceptable. Colorado faces losing millions in federal funding if it doesn’t change course.

Federal officials flagged the opt-out policy in a response to the state’s plan to comply with the nation’s new federal education law, the Every Student Succeeds Act.

The federal government’s feedback to states is being closely watched for signs of how the department, under Education Secretary Betsy DeVos, enforces a law that was meant to shift more decision-making away from the federal government and back to states.

“It didn’t come as a surprise,” Pat Chapman, the Colorado Department of Education’s executive director of federal programs, said of the feedback. “There’s a need to reconcile state board, state legislature and federal requirements and policies.”

In 2015, Colorado became a national epicenter for the testing opt-out movement, with thousands of students refusing to take state-required tests they didn’t see as valuable.

The State Board of Education, reasoning that it wasn’t fair to punish schools for something not in their control, adopted a policy forbidding the state education department from lowering schools’ quality ratings or otherwise punishing them for high refusal rates.

Previously, schools and districts could have seen their quality ratings lowered if they failed to annually test 95 percent of students in math and English. Schools that receive the state’s lowest quality ratings for five consecutive years face state intervention.

Education Commissioner Katy Anthes is expected to brief the state board at its regularly scheduled meeting this week on possible responses. The state has until Aug. 24 to submit a revised state plan or ask for an extension.

State board Chairwoman Angelika Schroeder, a Boulder Democrat, said Monday she doesn’t expect the board to take any formal action on rethinking the board’s policy this week. She declined to elaborate further.

“The board should have an opportunity to talk about this before I publicly comment,” she said.

Board member Steve Durham, a Colorado Springs Republican who championed the policy, also held back Monday.

“I’m not sure what all the options available are,” he said. “We’ll wait and see what the staff’s analysis is and go from there.”

The state’s unique opt-out policy wasn’t the federal government’s only criticism.

The U.S. Department of Education also raised concern about the state’s long-term academic goals, using an average of test scores to determine school quality and monitoring how well students are learning English as a second language.

The federal department is asking the state to resubmit long-term academic goals for particular student groups, including different ethnic groups and students with disabilities.

In the current version of the plan, all student groups are expected to have the same average test score in six years, which is slightly higher than the state’s current average. The goals seem confusing and unattainable. For example, students with disabilities would need to make unprecedented progress, while Asian students would need to lose academic ground in order for the state to meet its targets.

As part of its plan, Colorado also proposed rating schools based on averages from English and math test scores, not how many students met grade-level proficiency as it did in the past.

While the use of average test scores was applauded by some, it isn’t flying with the federal education department. It wants Colorado to better explain how using average scores relates to measuring whether students are at grade level.

Moreover, U.S. officials want an assurance from Colorado that students who are far above grade-level won’t “overcompensate” for students who are not proficient. In other words, the department wants to make sure high-performers aren’t masking serious problems.

Dale Chu, vice president of policy and operations for America Succeeds, a nonprofit of business leaders that support education reform, helped a coalition of education groups review state plans independently of U.S. education department. The group, the Collaborative For Student Success, was critical of Colorado’s switch to using an average of test scores.

“There’s no sense of proficiency,” he said. “There has to be some sort of sense that kids are coming out school being able to read and compute and be on a successful path.”

Finally, the U.S. education department is also seeking more clarity on how the state is tracking the progress of students learning English as a second language. It said the state needs to provide a clear timeline on when it can provide specific goals and more detail about how the state will use data to determine school quality.

Chapman said the state education department did not have the data available to provide the federal government the information it needed. However, that’s changing and he expects that portion of the plan to be accepted.

The Every Student Succeeds Act was signed by President Barack Obama in 2015. The law required states to develop plans to outline how it would use federal dollars to improve schools, teacher quality and boost language proficiency for students learning English as a second language.

Pushback from the U.S. education department to states has been more stern than many education policy observers expected given DeVos’s support of school choice and local control.

Chapman said the federal department has been helpful.

“They’re asked to uphold the letter of the law, he said. “I do think they’re approaching it in anyway that they’re being helpful to states to write a plan that’s consistent with statue.”