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.

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.

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.

more back-and-forth

Eighteen legislators show support for TNReady pause as 11 superintendents say press on

PHOTO: TN.gov
Tennessee lawmakers listen to Gov. Bill Haslam deliver his 2016 State of the State address at the State Capitol in Nashville.

School leaders and now state lawmakers continue to pick sides in a growing debate over whether or not Tennessee should pause state testing for students.

Eighteen state legislators sent the superintendents of Nashville and Memphis a letter on Tuesday supporting a request for an indefinite pause of the state’s embattled test, TNReady.

“As members of the Tennessee General Assembly responsible for helping set policies and appropriate taxpayer funds for public education, we have been dismayed at the failed implementation of and wasted resources associated with a testing system that is universally considered — by any set of objective measures – to be a colossal failure,” said the letter, signed by legislators from Davidson and Shelby counties, where Nashville and Memphis are located.

Rep. John Ray Clemmons, a Democrat from Nashville, spearheaded the letter. Representatives Johnnie Turner, G.A. Hardaway, Barbara Cooper, Antonio Parkinson and Sen. Sara Kyle were among the signers representing Memphis.

Clemmons told Chalkbeat that he believes Tennessee should have a state test, but that it shouldn’t be TNReady.

“We are showing support for leaders who are representing students and teachers who are incredibly frustrated with a failing system,” Clemmons said. “We have to come up with a system that is reliable and fair.”

The lawmakers’ statement comes a day after Education Commissioner Candice McQueen responded to the Nashville and Memphis school leaders in a strongly worded letter, where she said that a pause on state testing would be “both illegal and inconsistent with our values as a state.”

The growing divide over a pause in TNReady testing further elevates it as an issue in the governor’s race, which will be decided on Nov. 6. Democratic nominee Karl Dean, who is the former mayor of Nashville, and Republican nominee Bill Lee, a businessman from Williamson County, have both said their respective administrations would review the state’s troubled testing program.

“We are hopeful that the next governor will appoint a new Commissioner of Education and immediately embark on a collaborative effort with local school districts to scrap the failed TNready system,” the 18 state lawmakers said in their statement.

Shelby County Schools Superintendent Dorsey Hopson and Metropolitan Nashville Public Schools Director Shawn Joseph launched the back-and-forth with an Aug. 3 letter they said was sent to outgoing Gov. Bill Haslam and McQueen declaring “no confidence” in the troubled state test. McQueen’s office said Tuesday that neither her office nor the governor’s office had yet received the letter.

However, a spokeswoman for Nashville public schools told Chalkbeat on Monday that the Aug. 3 letter was sent to Assistant Commissioner Elizabeth Fiveash, who reports to McQueen. While some legislators backed the two superintendents, 11 district leaders from around the state released an email statement on Tuesday supporting state testing. Superintendents from Maryville, Alcoa, Sevier, Johnson, Dyersburg, Loudon, Clinton, Marshall, McKenzie, Trousdale, and Lenoir signed the statement, which they said was also sent to McQueen.

“Test items and question types are directly linked to the standards and are pushing students to deeper critical thinking,” the email said. “The comprehensive accountability model holds schools and districts accountable for improved student performance…. Challenges remain, but together we must be positive as we continue the work.”

The state has struggled to administer TNReady cleanly since its failed online rollout in 2016, prompting McQueen to cancel most testing that year and fire its testing company. Except for scattered scoring problems, the next year went better under new vendor Questar and mostly paper-and-pencil testing materials.

But this spring, the return to computerized exams for older students was fraught with disruptions and spurred the Legislature to order that the results not be used against students or teachers.

For the upcoming school year, the state has hired an additional testing company, and McQueen has slowed the switch to computerized exams. The state Department of Education has recruited 37 teachers and testing coordinators to become TNReady ambassadors, tasked with offering on-the-ground feedback and advice to the state and its vendors to improve the testing experience.

Read both the state lawmakers’ letter and the superintendents’ statement below:

Signers are: John Ray Clemmons, Bo Mitchell, Sherry Jones, Dwayne Thompson, Brenda Gilmore, Darren Jernigan, Antonio Parkinson, Jason Powell, Bill Beck, Mike Stewart, Barbara Ward Cooper, Larry Miller, G.A. Hardaway,  Karen D. Camper, Harold Love,  Johnnie Turner, Sara Kyle, and Joe Towns.

August 14, 2018
 
STATEMENT OF SUPPORT
 
District leaders across Tennessee understand and validate the disappointment and frustration our teachers, students, and parents felt with the glitches and errors faced during the spring’s administration of the TNReady student assessment. It was unacceptable. However, it is important that we, as leaders, step up to say that now is the time to press on and continue the important work of improving the overall education for all Tennessee students.  
 
We are optimistic about where we are heading in education – ultimately more students will graduate prepared for the next steps in their lives. The foundation is solid with (1) rigorous standards, (2) aligned assessments, and (3) an accountability model that focuses on student achievement and growth.  We are now expecting as much or more out of our students as any state in the nation. Test items and question types are directly linked to the standards and are pushing students to deeper critical thinking. The comprehensive accountability model holds schools and districts accountable for improved student performance across all subgroups.  Challenges remain, but together we must be positive as we continue the work.
 
Our students have made strong and steady gains in achievement and growth over the past few years, earning recognition at a national level. Our students now have the opportunity to be more fully prepared and competitive to enter college and the workforce. This is not the time to press the pause button. Even with the improvements in student performance, there is much work to do. Achievement gaps for subgroups are too large and not enough students are graduating “Ready” for the next step.
 
We must hold the course on rigorous standards, aligned assessments, and an accountability system focused on student achievement and growth. We, the directors of Tennessee schools, believe this rigor and accountability will impact all students. We embrace the priorities outlined in Tennessee Succeeds with a focus on foundational literacy and pathways to postsecondary success. Tennessee students have already demonstrated a determination to reach the mastery of rigorous state standards and will rise to the newly established expectations. We have work to do, and we should keep the focus on instruction and closing the gaps to ensure every student in Tennessee is ready for their future. We want to send a message of confidence and determination, a relentless ambition to reach our goals. We must step up and hold the line. We cannot expect anything less than excellence. Our students deserve it. 
 
 
Mike Winstead, Maryville City Schools
Brian Bell, Alcoa City Schools
Jack Parton, Sevier County Schools
Steve Barnett, Johnson City Schools
Neel Durbin, Dyersburg City Schools
Jason Vance, Loudon County Schools
Kelly Johnson, Clinton City Schools
Jacob Sorrells, Marshall County Schools
Lynn Watkins, McKenzie Special School District
Clint Satterfield, Trousdale County Schools
Jeanne Barker, Lenoir City Schools