terms of the deal

Aurora school board approves contract for district’s first DSST campus

Students at a campus of DSST, a charter network that is a big piece of Denver's "portfolio" approach to school management. (Denver Post file)

The Aurora school board on Tuesday night — in its last vote before new board members are sworn in — approved a contract with DSST Public Schools for the charter network’s first school outside of Denver.

The contract spells out enrollment and performance expectations, and upon request from Aurora school board members, ensures DSST will have representation from an Aurora resident on their own network governing board.

In June, the board approved DSST’s application to open four schools — two middle and two high schools — starting with one of each in the fall of 2019. The contract approved Tuesday is only for the first campus of a middle and high school.

During public comment, teachers, some parents and union leaders spoke to the board, as they have in past meetings, speaking against the DSST contract.

Among the speakers Tuesday was Debbie Gerkin, one of the newly elected school board members. Gerkin cited concerns with the plan to allow DSST to hire teachers who don’t yet have certifications, echoing a common criticism of charter schools.

“I appreciate there’s been so much hard work put into the DSST contact,” Gerkin said. “I ask that we continue to think about this.”

Board member Cathy Wildman asked the board if they would consider delaying the vote until the new board members are seated at the end of the month. A majority of current board members said they would not support a delay, noting they’ve spent more than a year working on learning about the DSST application and contract.

The school board first discussed the contract details at a meeting in October. At that time, board members asked district staff to go back to discussions with DSST to suggest that they commit to having someone from Aurora on their board of directors.

School board members asked questions about the details of the enrollment process such as whether there would be a preference for siblings, how student vacancies would be filled and whether the guidelines would really make the school demographics integrated.

According to the contract, DSST will give students in the surrounding neighborhoods, those served by elementary schools Rocky Mountain Prep, Paris, Crawford and Montview, first preference for half of the school’s open seats.

The remaining half will first go to any other Aurora students, but if seats are still available after that, students outside the district may enroll.

Enrollment numbers discussed in a separate presentation at the October board meeting show that the target area for the school, in northwest Aurora, is also the area with the largest declining enrollment. Schools in those neighborhoods have been near capacity, but not overcrowded like other schools in the district.

DSST will have a cap of enrolling no more than 450 students. An enrollment cap for charter schools in Aurora is standard, said Lamont Browne, the director of autonomous schools. In the first year, since the school will start with just sixth graders, the school anticipates enrolling 150 students. By April 1, DSST leaders must show the district that they’ve already enrolled at least 75 of those students.

A large section of the DSST contract spells out the district and school’s responsibilities in serving any students with special needs that may want to enroll at DSST.

The contract also includes a section that gives the district a right to close the school or deny a charter renewal if DSST earns a priority improvement rating from the state and doesn’t improve it after one year.

Recent contracts the Aurora school board approved for other charter schools also have requirements for performance, but not as stringent. The contract for The Academy of Advanced Learning, for instance, requires that school to improve after one year of earning a turnaround rating from the state. The turnaround rating is the lowest a school can get.

DSST has similar performance requirements in its contracts with Denver Public Schools allowing for a nonrenewal of a contract if a school has low ratings, but none of the Denver DSST schools have dropped to the lowest two categories of ratings. DSST schools, in fact, consistently are some of the state’s highest performing on state tests.

What the contract still doesn’t detail is a possible new name for Aurora’s DSST schools (the school originally was called the Denver School of Science and Technology) or how the district and the charter will split the cost of the building.

When Superintendent Rico Munn invited DSST to apply to open a school in Aurora, he offered to pay for half the cost of a new building for the charter school.

The bond voters approved in 2016 included money to pay for a new building for the charter school. The contract reiterates earlier commitments that both the district and the charter network must identify the money for a building by March 30.

A contract for the second 6-12 campus would be negotiated at a later time if the charter school meets performance requirements to move forward with opening the third and fourth schools.

intent to apply

Five groups may present charter applications this year to open in Aurora

PHOTO: Denver Post file
Mauricio Jackson, from left, Raymond Hurley and Adrian Rocha sit in the gym at University Prep charter school before loading on the bus for the ride home.

Five groups have signaled their intent to apply to open a charter school in the Aurora school district.

Based on the letters of interest, which were submitted last week, the five possible applications that Aurora could see this year include one high school, a Denver-grown charter school, and one tied to a national charter management organization.

Groups are required to submit a letter of intent a month before they submit a full application. In Aurora Public Schools, the deadline for applications is March 9.

District officials and two committees would review the applications that are submitted and present a recommendation to the Aurora school board before a vote in June. The earliest schools would open would be fall 2019.

Last year the district received only one application from a charter network that was invited to apply. That was for a DSST school, the high-performing Denver charter network, that is approved to open its first Aurora school in the fall of 2019. Based on this year’s letters of intent, there could be five applications.

Denver-based charters have started to express interest in moving to the suburbs as the low-income families they serve leave the city and as the Denver district slows the pace at which it seeks new schools. The national network KIPP is one charter network looking at possible suburban locations, though KIPP leadership won’t make a decision until this summer about where and didn’t submit a letter of intent to Aurora this round.

Here is a look at each of the five proposed schools with links to their letters of intent:

budding issue

Aurora superintendent says no to charter school locating near marijuana shop

Students of Vega Collegiate Academy in Aurora, Colo. Photo provided by Vega Collegiate Academy.

Update: The State Board of Education on Feb. 15 dismissed an appeal from Vega Collegiate Academy and told the school to go through the mediation process outlined in its contract with the district.

A charter school looking to move out of a church basement as it expands into more grades next year has halted its plans after the Aurora school district rejected the school’s desired location — near a pot shop.

City and district officials say it’s the first time the issue has come up in Aurora since marijuana retail businesses began opening in the fall of 2014.

State law prevents marijuana stores from opening within 1,000 feet of a school, but it doesn’t address schools opening near existing marijuana businesses. Vega Collegiate Academy’s contract with the district states the superintendent must approve any relocation. In this case, he didn’t.

Vega officials had already spent $40,000 on traffic studies, building plans, and deposits for the space at Colfax and Galena, about a mile from its current location in a church in northwest Aurora. Many parents had seen some plans and were excited about the expansion and larger space that might allow for more programming such as yoga or art.

Charter school officials appealed the denial – first to the school district and now to the State Board of Education. The final purchase of the site, and the remodeling that would have had to taken place to have students move in this fall, are on hold.

Kathryn Mullins, the founder and executive director of Vega, told the school board last week that the denial sends a bad message to the school’s students.

“Your denial of our space has told our children and families that it’s O.K. to live there, just not to go to school there,” Mullins said. “That is unacceptable.”

Because of the pending legal challenge, Aurora Public School officials said they would not comment on the denial. But in a letter to the school, Superintendent Rico Munn said the location – 300 feet from a marijuana dispensary – raises concerns. In trying to reconsider his decision, he noted he reviewed parent support letters, maps, crime data, and research about crime near marijuana dispensaries.

“I continue to have concerns,” Munn’s letter states. “I have not found anything to change my original denial.”

Vega school officials said that finding a location for the school was “a Herculean accomplishment in Colorado’s tight commercial market,” according to appeal documents.

The proposed building, a three-story retail building most recently housing a barber shop, is next to a Dollar General and was attractive in part, because it is close to where families of current students live and because of the large size.

“Our children deserve to go to a quality school close to their home,” Mullins told the board. “Our children and families should not be punished because of where they live or what facilities currently exist in our community.”

Proposed location at 10180 E. Colfax Ave.

Vega opened in August, enrolling almost 100 kindergarten and fifth graders. The plan is to expand by two grade levels a year until the school serves kindergarten through eighth grade. A high percentage of families in the northwest Aurora area live in poverty — a population Vega officials want to serve.

The proposed school site on Colfax has an entrance in the back that opens south onto a parking lot so that students would not have to enter from Colfax. An alleyway connects the parking lot to a strip mall with a Starbuds dispensary whose entrance faces west.

Reached on Friday, Brian Ruden, one of the owners of the Starbuds pot shop, said he was not aware of the possibility of a school relocating there.

In Denver, analysis done by the city and by the Denver Post in 2016 found more than 20 schools that are located within 1,000 feet of a marijuana store. In most cases, the schools moved in after the marijuana shop.

DPS officials did not respond to a request for comment about how they make decisions for school locations near marijuana shops.

The connection between crime and marijuana has been contentious and definitive evidence does not exist.

The 1,000-foot buffer was created by the state in 2012 after federal officials sent letters to medical marijuana shops informing them that they would enforce federal drug laws near schools. Federal prosecutors have generally followed a policy of not going after businesses that follow state law, but it’s not clear how aggressive the current administration will be on imposing federal enforcement in states that have legalized marijuana sales.

Vega employees, parents, and community members also spoke to the Aurora school board Tuesday about the decision. Mullins, the founder, said more than 200 parents, employees, and community members packed the board meeting, many with signs in support of Vega’s relocation. Thirty-five people signed up to speak, but because of the lengthy list, the school board limited the speakers to four.

“It would be very close to my home and so would make life a lot easier for me as an older person raising kids,” one grandmother told the school board.

The woman, who said she has lived in the neighborhood for decades, said she knows the area has a bad reputation, but said locating a school in a building that has often been empty could help change that.

Another mother, Arely Suarez, who said her fifth-grade daughter attends the school, told the school board in Spanish that the students need the bigger space.

“The kids have a right to a good education,” Suarez said. “As far as the marijuana dispensaries, this is a factor at the state level, it’s not just a factor that is affecting the Aurora school district.”

The legal challenge the state must first consider is whether it has jurisdiction for the appeal. Vega officials asked for the appeal, saying the district is imposing unreasonable conditions on the charter school.

But the Aurora district argued in filings that they have authority over the decision. The filings state the state board does not have jurisdiction because the superintendent, not the Aurora school board, made the decision, and because the dispute is not an unreasonable condition. The district argues the charter school should first remedy the conflict according to a process outlined in their contracts that would include mediation.

Either process could stretch out for months.

This story was updated to reflect more accurate information about the building.