upcoming decision

How should Colorado respond to federal concerns about its testing opt-out policy? State board members don’t agree.

Seniors at Fairview High School in Boulder protest state tests in 2015. (Photo By Helen H. Richardson/ The Denver Post)

Divisions emerged Wednesday on the State Board of Education over how to respond to the federal government’s concerns about the state’s federally required education plan.

The most contentious issue involves how Colorado counts students who opt out of state tests. Students who opt-out aren’t considered part of the total number of test takers.

Federal officials, however, believe those students should be counted; they don’t want them excluded from calculations used to identify schools that need extra help through federal funds.

If the federal government doesn’t approve the state plan and finds Colorado out of compliance, the state could lose millions of dollars in federal funding — including Title I funds that are directed to schools with large numbers of low-income students.

Republican board member Steve Durham suggested there was no point in working to comply with the federal government’s guidance and called the idea that federal funding would be at risk a bluff.

Other board members suggested that there was no point in fighting the federal government and that it might not be a big ask to do as officials suggested.

No decision was made at Wednesday’s meeting. State officials are meeting next week to get more input from a committee that worked on the education plan, and the board will be asked to make a decision at its October meeting.

Staff from Colorado Department of Education told the board the state is allowed to keep its existing system in place for state accountability measures, while creating a separate calculation process to identify schools needing support for the federal government in a different way.

Schools identified under the federal calculation would have to write improvement plans, but state officials would still hold discretion about whether to direct funding to them or not, if they believe the calculations are providing accurate representations of the school’s performance and needs.

State officials also could choose to comply for now and ask for a waiver from the law after the plan is approved. The federal government told the state it would not consider waivers before plans are approved, state officials told the board.

The board could also choose not to change anything, as board member Durham suggested.

Other board members felt differently.

“I would be very worried about placing all of our Title I funds at risk,” said board member Rebecca McClellan, a Democrat.

Democratic board member Val Flores said she was prepared to vote Wednesday in favor of proceeding with creating a federal calculation that complies with federal guidance while keeping state systems intact, calling it “the wise thing to do.”

The board discussed other concerns — including that a full picture of student performance isn’t possible when students don’t test. Another worry is that schools identified as needing extra help under the federal calculations might cause panic for communities where schools might not otherwise be considered in need.

In Colorado, white, higher performing and more affluent students are more likely to opt out of tests. As a result, officials and board members suggested it is more likely that high performing schools that otherwise weren’t identified by the federal calculation would be, and that schools currently identified might not be excluded from the new lists. State education staff are running calculations trying to anticipate how many new schools might be identified or not identified based on opt-outs.

Changes

Denver East High principal Andy Mendelsberg out after investigation into cheerleading scandal

PHOTO: John Leyba / The Denver Post
Denver's East High School.

The principal of Denver’s East High School has retired after an investigation into how school district officials handled complaints about the actions of the school’s cheerleading coach found principal Andy Mendelsberg “did not take the necessary steps to ensure that the physical and emotional health and safety of the students on the cheer team was fully protected,” according to a letter from Superintendent Tom Boasberg.

Former East principal John Youngquist will return to Denver to lead the school, Boasberg announced Friday. Youngquist served for the past four years as a top official in Aurora Public Schools.

East is the most-requested high school in Denver Public Schools. The 2,500-student school is known for its comprehensive academic program, as well as its breadth of sports and extracurricular activities.

Mendelsberg had been on leave since August, when 9News first aired videos that showed East cheerleaders being forced into the splits position while teammates held their arms and legs and former coach Ozell Williams pushed them down.

The parents of at least one cheerleader who was injured by the practice emailed a video to the East High athletic director in mid-June asking “what the administration is going to do about my daughter’s injury and how it happened,” according to emails provided to 9News.

After the 9News story broke two months later, Williams was fired.

Mendelsberg’s exit coincides with the conclusion of an independent investigation by an outside law firm commissioned by DPS. The district on Friday released a report detailing the firm’s findings.

According to Boasberg’s letter, the investigation found that “over multiple months, in response to multiple concerns of a serious nature,” Mendelsberg and East athletic director Lisa Porter failed to keep the students on the cheer team safe.

Specifically, the letter says Mendelsberg and Porter did not “sufficiently address, share or report allegations of abuse and the contents of the videos;” failed to provide the necessary level of oversight for the cheer coach, “especially as concerns mounted;” and failed to take corrective action, including firing Williams.

At a press conference Friday afternoon, Boasberg said that in addition to what was captured on video, concerns about Williams included that he instructed athletes not to tell anyone what happened at practice and required them to friend him on social media “with the express purpose of him monitoring their social media presence.”

Boasberg said that “raises deeper concerns about what was going on here.”

Mendelsberg, Porter, assistant cheer coach Mariah Cladis and district deputy general counsel Michael Hickman were put on leave while the investigation was ongoing. The Denver police also launched an investigation.

Porter resigned her position earlier this week, Boasberg said.

Hickman received corrective action but is being reinstated after the investigation revealed he didn’t know the full extent of what happened, Boasberg said.

Cladis, who was not at practice during the splits incident and whose position was volunteer, is welcome to remain the assistant cheer coach, he said.

Mendelsberg had been principal since 2011. But he’d worked at East much longer as a teacher, softball coach, dean of students, athletic director and assistant principal, according to a story in the Spotlight alumni newsletter published in 2012.

Youngquist preceded Mendelsberg, having served as principal of East from 2007 to 2011. He left the school to take a districtwide position leading the recruitment and development of DPS principals. In 2013, Aurora Public Schools Superintendent Rico Munn hired him to be that district’s chief academic officer, a job he’s held until now.

Regarding his decision to return to East, Youngquist said, “My heart has drawn me toward supporting this learning community now and well into the future.”

As a parent and school leader, he said he understands the trust that parents put in schools. “I’m committed to strengthening that bond and partnership with our young people, our parents and with our great East staff,” he said.

Munn has already appointed an interim chief academic officer: Andre Wright, who currently serves as a P-20 learning community director. In a statement Friday, Munn said he “will evaluate the role and expectations of the (chief academic officer) position prior to developing a profile for that position moving forward.”

“We thank John Youngquist for his four years of service … and wish him all the best in his next chapter,” Munn said.

Chalkbeat reporter Yesenia Robles contributed information to this report.

showdown

McQueen’s deadline looms for Memphis and Nashville to share student info with charter schools — and no one is budging

PHOTO: Laura Faith Kebede
A request for student contact information from Green Dot Public Schools to help with enrollment efforts sparked a fight between the state and Shelby County Schools.

As Tennessee’s two largest school districts fought an order to share student information with charter schools, the state education commissioner set a deadline last week.

Candice McQueen told the superintendents of Shelby County Schools and Metropolitan Nashville Public Schools they had to provide the data to charter schools that asked for it by Sept. 25 — or the state would “be forced to consider actions to enforce the law.”

But with just three days until the deadline, neither district has said it will budge. The consequences “will be determined Monday,” McQueen told Chalkbeat on Friday.

McQueen has not offered more information about what those consequences could be, though some lawmakers have worried it could mean funding cuts. There is some precedent for such a move: The Nashville district lost $3.4 million in state funding in 2012 when it refused to approve a controversial charter school, according to The Tennessean.

The clash comes after the Nashville and Memphis districts refused to turn over student contact information to charter networks, who argue that information is vital to their operation. Many Memphis schools, including those in the state-run school district, have been struggling with under-enrollment.

An amendment to an untested U.S. Department of Education rule suggests local districts can withhold information like phone numbers, addresses and email addresses — but a new state law requires Tennessee districts to hand it over to charter schools within 30 days.

The state department of education asked the attorney general’s office to weigh in. Last week, the attorney general said the districts had to turn the information over, but also that districts could take a “reasonable period of time” to notify parents about their right to opt out.

Shelby County Schools posted opt-out forms for parents on its website the next day, and gave parents until Oct. 22 to fill them out. The form allows parents to keep their information from charter schools specifically or from outside entities more broadly, including companies like yearbook providers, for example.

What Memphis parents should know about how schools share student information

The school boards for the two districts have been in lockstep in defying the state’s order, with the Memphis board even offering to write a legal opinion if Nashville were to go to court over the issue.

Shelby County Schools Superintendent Dorsey Hopson said his legal team is still reviewing the attorney general’s opinion.

“We still want to make sure parents know what their options are,” Hopson told Chalkbeat on Tuesday. “When we [McQueen and I] talked, she understood that our opt-out forms were out there.”

Anna Shepherd, board chair for the Nashville district, said the board met with its attorney this week to discuss the issue but took no action.

“We have not had any further conversation with the state concerning the release of data for MNPS students,” Shepherd said by email. “I’m not anticipating any action [before Monday].”

Reporter Caroline Bauman contributed to this report.