Big decision

School districts can create brand-new innovation schools, state high court rules

PHOTO: Denver Post file
Collegiate Prep Academy ninth-graders work with a math tutor in 2012. The school was one of 11 at issue in the lawsuit.

In a win for Denver Public Schools, the Colorado Supreme Court has ruled the state’s largest school district didn’t break the law when it approved “innovation plans” granting more flexibility around staffing, curriculum and scheduling for 11 new schools.

However, a lawyer for the state’s teachers union said the decision is “so illogical” that the union is asking the high court to reconsider the case — a move she concedes is a long shot.

State law says each school’s innovation plan must include evidence that a majority of teachers consent to designating it an innovation school. That status affords a school more autonomy by exempting it from certain state and district rules, including those in the teachers’ contract.

The Denver teachers union sued DPS after the school board gave the go-ahead to 11 new innovation schools between 2010 and 2012 without first obtaining the consent of the teachers.

That’s because unlike at existing schools, the teachers were hired after the innovation plans were approved. They then voted by secret ballot during the first week of school on whether to support the plans and waive the collective bargaining agreement. The high court notes that in all 11 cases, “far more than the requisite 60 percent” of teachers voted yes.

The union argued that timing doesn’t make sense.

“The way it’s supposed to work is you’re supposed to have an existing school with teachers, students, parents and a community — and if the idea arises that an innovation school would be a good idea, they could begin that process,” said Sharyn Dreyer, an attorney for the Colorado Education Association who represented the Denver teachers union in the case. “It’s silly to create something and then vote on whether it can be created, which is what they’re doing here.”

A Denver District Court judge initially ruled mostly in favor of DPS. The union appealed, and the Colorado Court of Appeals reversed the district court’s decision.

But in late April, the state Supreme Court reversed that decision, siding with DPS once again.

In a split opinion, a majority of the seven justices found that barring school boards from approving innovation plans for new schools that haven’t yet hired teachers would be “directly contrary” to the intent of the innovation schools law. That law, passed in 2008, “was intended as an empowerment of, not a restriction upon, local school districts,” they wrote.

Requiring districts to wait would be harmful to all students and “especially to those from failing school districts,” they ruled. Schools’ innovation plans often include provisions such as longer school days that are meant to boost student achievement.

Three of the seven justices concluded the opposite. They found that the “plain language” of the law requires a vote of the teachers before an innovation plan is approved.

Dreyer said the union will likely ask lawmakers next year to amend the law to make it so.

Meanwhile, DPS officials said they’re pleased a majority of justices saw it their way. Denver teachers will continue to vote on their schools’ innovation plans, Denver Superintendent Tom Boasberg said; the ruling simply makes clear that it’s OK for the school board to vote first.

“Our teachers vote in a fair, secret-ballot vote, and that is a critical part of the innovation process,” Boasberg said. If they vote in favor, the plan can immediately go into effect, he said.

“We certainly hope in the future to spend less time and money litigating on these issues because I think this kind of litigation ends up being very costly,” Boasberg added.

DPS is still awaiting a Colorado Supreme Court ruling in another lawsuit filed by a group of teachers over job protections. The justices heard arguments in that case in December.

Turnaround 2.0

McQueen outlines state intervention plans for 21 Memphis schools

PHOTO: TN.gov
Candice McQueen has been Tennessee's education commissioner since 2015 and oversaw the restructure of its school improvement model in 2017.

Tennessee Education Commissioner Candice McQueen has identified 21 Memphis schools in need of state intervention after months of school visits and talks with top leaders in Shelby County Schools.

In its first intervention plan under the state’s new school improvement model, the Department of Education has placed American Way Middle School on track either for state takeover by the Achievement School District or conversion to a charter school by Shelby County Schools.

The state also is recommending closure of Hawkins Mill Elementary School.

And 19 other low-performing schools would stay under local control, with the state actively monitoring their progress or collaborating with the district to design improvement plans. Fourteen are already part of the Innovation Zone, the Memphis district’s highly regarded turnaround program now in its sixth year.

McQueen outlined the “intervention tracks” for all 21 Memphis schools in a Feb. 5 letter to Superintendent Dorsey Hopson that was obtained by Chalkbeat.

Almost all of the schools are expected to make this fall’s “priority list” of Tennessee’s 5 percent of lowest-performing schools. McQueen said the intervention tracks will be reassessed at that time.

McQueen’s letter offers the first look at how the state is pursuing turnaround plans under its new tiered model of school improvement, which is launching this year in response to a new federal education law.

The commissioner also sent letters outlining intervention tracks to superintendents in Nashville, Chattanooga, Knoxville, and Jackson, all of which are home to priority schools.

Under its new model, Tennessee is seeking to collaborate more with local districts to develop improvement plans, instead of just taking over struggling schools and assigning them to charter operators under the oversight of the state-run Achievement School District. However, the ASD, which now oversees 29 Memphis schools, remains an intervention of last resort.

McQueen identified the following eight schools to undergo a “rigorous school improvement planning process,” in collaboration between the state and Shelby County Schools. Any resulting interventions will be led by the local district.

  • A.B. Hill Elementary
  • A. Maceo Walker Middle
  • Douglass High
  • Georgian Hills Middle
  • Grandview Heights Middle
  • Holmes Road Elementary
  • LaRose Elementary
  • Sheffield Elementary
  • Wooddale High

These next six iZone schools must work with the state “to ensure that (their) plan for intervention is appropriate based on identified need and level of evidence.”

  • Sheffield Elementary
  • Raleigh-Egypt High
  • Lucie E. Campbell Elementary
  • Melrose High
  • Sherwood Middle
  • Westwood High

The five schools below will continue their current intervention plan within the iZone and must provide progress reports to the state:

  • Hamilton High
  • Riverview Middle
  • Geeter Middle
  • Magnolia Elementary
  • Trezevant High

The school board is expected to discuss the state’s plan during its work session next Tuesday. And if early reaction from board member Stephanie Love is any indication, the discussion will be robust.

“We have what it takes to improve our schools,” Love told Chalkbeat on Friday. “I think what they need to do is let our educators do the work and not put them in the situation where they don’t know what will happen from year to year.”

Among questions expected to be raised is whether McQueen’s recommendation to close Hawkins Mill can be carried out without school board approval, since her letter says that schools on the most rigorous intervention track “will implement a specific intervention as determined by the Commissioner.”

Another question is why the state’s plan includes three schools — Douglass High, Sherwood Middle, and Lucie E. Campbell Elementary — that improved enough last year to move off of the state’s warning list of the 10 percent of lowest-performing schools.

You can read McQueen’s letter to Hopson below:

Mergers and acquisitions

In a city where many charter schools operate alone, one charter network expands

Kindergarteners at Detroit's University Prep Academy charter school on the first day of school in 2017.

One of Detroit’s largest charter school networks is about to get even bigger.

The nonprofit organization that runs the seven-school University Prep network plans to take control of another two charter schools this summer — the Henry Ford Academy: School for Creative Studies elementary and the Henry Ford Academy: School for Creative Studies middle/high school.

The move would bring the organization’s student enrollment from 3,250 to nearly 4,500. It would also make the group, Detroit 90/90, the largest non-profit charter network in the city next year — a distinction that stands out in a city when most charter schools are either freestanding schools or part of two- or three-school networks.

Combined with the fact that the city’s 90 charter schools are overseen by a dozen different charter school authorizers, Detroit’s relative dearth of larger networks means that many different people run a school sector that makes up roughly half of Detroit’s schools. That makes it difficult for schools to collaborate on things like student transportation and special education.

Some charter advocates have suggested that if the city’s charter schools were more coordinated, they could better offer those services and others that large traditional school districts are more equipped to offer — and that many students need.

The decision to add the Henry Ford schools to the Detroit 90/90 network is intended to “create financial and operational efficiencies,” said Mark Ornstein, CEO of UPrep Schools, and Deborah Parizek, executive director of the Henry Ford Learning Institute.

Those efficiencies could come in the areas of data management, human resources, or accounting — all of which Detroit 90/90 says on its website that it can help charter schools manage.

Ornstein and Parizek emphasized that students and their families are unlikely to experience changes when the merger takes effect on July 1. For example, the Henry Ford schools would remain in their current home at the A. Alfred Taubman Center in New Center and maintain their arts focus.  

“Any changes made to staff, schedule, courses, activities and the like will be the same type a family might experience year-to-year with any school,” they said in a statement.