Who Is In Charge

Here are the 43 education bills still alive in the Indiana legislature

PHOTO: Alan Petersime

The Indiana Senate’s approval of Senate Bill 91, which would void national Common Core standards that the state adopted in 2010, is probably the biggest education story of the legislative session so far.

But at the halfway point of the legislature’s 2014 “short” session (an off year between biennial budget-making odd years) that isn’t the only education story. In fact, despite some lawmaker predictions that this would not be a big year for education bills, there are quite a lot of education issues advancing to the legislature’s second half, when bills approved by the House and Senate are sent across the statehouse for consideration in the other chamber.

Chalkbeat will be tracking 43 education bills as they head to committees for consideration beginning next week. Here’s a look at them:

Data security

In a bit of a surprise this week, two of three bills dealing with the oversight of education data died in the House and Senate. One bill did make it through:

Early Education

Preschool is the big early education bill this session, but it’s not the only one related to early learning:

Vouchers

A bill that would have made ISTEP optional for private schools receiving publicly funded tuition vouchers was ultimately dropped, but one other voucher bill made it through:

  • Voucher special education. Senate Bill 282 would send extra special education funding to private schools when students in special education use vouchers to attend. It passed the Senate 31-16.

Charter schools

Six bills related to charter schools are still moving through the legislature. Among them:

  • Innovation schools. The most controversial charter school bill is House Bill 1321, which would allow Indianapolis Public Schools to forge unique partnerships with charter schools. Unions have opposed a provision that would allow the charter school groups to hire teachers separate from the IPS union contract even if they worked at an IPS school. The bill passed the House 54-37.
  • Charter school compacts. While House Bill 1321 applies just to IPS and allows charter school operators to run IPS schools, House Bill 1063 applies a similar concept to the entire state but has a more straightforward focus. It allows districts to trade building space or services to charter schools in return for the ability to count test scores from charter schools in the district averages. It passed the House 97-0.
  • Dropout recovery charter schools. Senate bill 159 would continue to fund dropout recovery charter schools, which mostly serve adults, separately from the K-12 funding formula. It lifts a restriction against opening new dropout recovery charter schools but also creates a new approval process for them. The bill passed the House 92-0. House Bill 1028, which requires a study of the schools, passed the Senate 49-0.
  • Charter school accountability. Senate Bill 205 limits charter school contracts to seven years and requires sponsors to close schools that don’t meet minimum standards. The bill also establishes a means for determining if schools stay in state takeover. It passed the Senate 48-0.
  • Charter school funding flexibility. Senate Bill 321 gives charter school operators new flexibility to share funds across multiple schools. It passed the Senate 35-13.
  • Athletic participation. House bill 1047 allows virtual charter school students to participate in sports at their local public school districts. In one of the the closest votes of the session, it passed the House 51-44.

School safety

Nine bills that address questions related to the health or safety of children include:

  • School bus cameras. Similar to red light cameras, House Bill 1042 would allow cameras placed on school buses to capture images of cars that violate traffic laws by passing school buses that are stopped with their lights flashing. It passed the House 71-21.
  • Expanded background checks. House Bill 1233 requires school employees receive an expanded background check every five years. It passed the House 93-0.
  • Bus out of service order. House Bill 1303 provides for additional notifications if a bus is ruled out of service during inspection.
  • Allergic reaction injections. Senate Bill 245 allows school districts to keep EpiPens and administer them if needed. It passed the Senate 49-0. House Bill 1323 has a similar goal for colleges. It passed the House 90-0.
  • School resource officers. Senate Bill 85 allow grants for law officers in schools to be used for training the officers and requires them to be employed by a law enforcement agency. It passed the Senate 47-1.
  • School bus driver physicals. Senate Bill 278 requires school bus drivers to undergo physical exams. It passed the Senate 40-8.
  • School safety division. Senate Bill 344 establishes a school building safety division within the Indiana Department of Education. It passed the Senate 48-0.
  • Immunity for health issues. House Bill 1204 gives school districts immunity for incidents that arise from student health conditions that were not previously disclosed to the district. It passed the House 96-0.
  • Student athlete health awareness. House Bill 1290 aims to educate coaches and others of the risks of sudden cardiac arrest for athletes. It passed the House 87-9.

Instruction

Several bills deal with what is taught in schools, when students can be excused, who teaches or how students are credentialed when they graduate. Among them:

  • Common Core. After it passed the Senate 36-12, Senate Bill 91, voiding Common Core standards, now heads to the House.
  • State fair absences. Two bills would allow excused absences from school for children participating in the state fair. House Bill 1056 passed 93-0 and Senate Bill 114 passed 28-21.
  • Career and technical education. House Bill 1181 makes career and technical centers eligible for state grants and special funds. It passed the House 92-0. House Bill 1064 creates a study of the return on investment of career and technical education programs in Indiana. It passed the House 94-0.
  • Career and technical diploma. House Bill 1213 creates a new career and technical diploma. It passed the House 92-0.
  • Cursive writing. For the third consecutive year, a bill passed the Senate requiring schools to teach cursive handwriting. Senate Bill 113 passed the Senate 39-9.
  • Veterans to teachers. Senate Bill 331 is designed to ease the transition from military service to teaching. It passed the Senate 46-0.
  • Teacher preparation program. Senate Bill 204 requires teacher education programs to submit data about their graduates to the Indiana Department of Education and establishes a rating system. It passed the Senate 48-0. A similar bill, House Bill 1388, passed the House 95-0.
  • High ability students. House Bill 1319 requires more reporting from schools about students who score in the high ability range on ISTEP. It passed the House 95-0.
  • Teacher choice program. Senate Bill 264 makes highly rated teachers who take jobs at D or F-rated traditional public or charter schools eligible for extra pay if the legislature approves money for stipends in next year’s budget. It passed the Senate 34-14.
  • Music curriculum. Senate Bill 276 requires schools to assure music is part of the curriculum, including ensembles. It passed the Senate 40-8.
  • Teacher contracts. Senate Bill 284 sets 14 days before the start of work as the deadline by which a teacher is bound by the contract they have signed with a school district and cannot sign another valid contract. It passed the Senate 48-0.
  • Winter holiday traditions. Aimed at protecting Christmas traditions, Senate Bill 326 permits schools to teach about winter holidays and use holiday symbols. It passed the Senate 48-0.

School funding

Five bills address questions of how schools are funded:

  • Tax cap fix. Property tax caps have begun causing budget shortfalls in some districts. House Bill 1062 and Senate Bill 143 together would give districts more flexibility to manage their debt and avoid those shortfalls. House Bill 1062 passed 94-0 while Senate Bill 143 passed 49-0.
  • School transfers. House Bill 1079 allows the siblings of a student who has transferred from one district to another to have preference for making the same transfer. It passed the House 97-0.
  • School referendum language. Senate Bill 207 makes changes to the ballot language schools use when they ask their communities to pass referendums for new tax money. It passed the Senate 49-0.
  • Complexity index. Senate Bill 363 makes changes to the way school poverty is calculated for some school districts. It passed the Senate 48-0.
  • Bond refunding. House Bill 1340 allows for bonds to be refunded when schools consolidate. It passed the House 94-0.

the one to watch

Inside the three-candidate battle for northeast Denver’s school board seat

File photo of student at Marrama Elementary School in northeast Denver. (The Denver Post)

Of the Denver school board races on the November ballot, none packs more intrigue than the fight for District 4.

The three-person slate of candidates features an appointed incumbent who’s never run for office and supports the district’s current path, an outspoken recent high school graduate who sharply disagrees, and a former charter school educator with a more nuanced view and — in what on its surface may seem surprising — the endorsement of the teachers union.

The seat represents a large swath of northeast Denver with a wide range of income levels, including areas that are gentrifying quickly and others that have been home to some of the district’s most aggressive school improvement strategies.

The Nov. 7 election is high stakes. Four of the seven seats on the Denver school board are up for grabs. If candidates who disagree with Denver Public Schools’ direction win all four races, they’ll have the political power to change key policies in the state’s largest school district and one nationally recognized for its embrace of school choice and autonomy.

Tay Anderson is one of those candidates. The 19-year-old graduated from Denver’s Manual High School last year and is now a student at Metropolitan State University. On the campaign trail, he has doggedly criticized the district for what he describes as weak community engagement efforts and a move to “privatize” public education by approving more charter schools, which are publicly funded but independently run (in Denver, by nonprofit operators).

He also has led the charge in attempting to tie the current school board and the incumbent candidates to U.S. Education Secretary Betsy DeVos, whose stance on school choice — and especially private school vouchers, which DPS does not support — have made her a controversial figure.

    This is the first of a series of articles profiling this year’s Denver school board races. You can read about where candidates in all the DPS races stand on issues here, in Chalkbeat’s candidate questionnaire. Check out our coverage of the campaign’s first campaign finance reports here.

When DeVos came to Denver in July to give a speech to a group of conservative lawmakers from across the United States, Anderson organized a protest against her. In front of a crowd of hundreds, he called out the current Denver school board members.

“We can tell them, ‘Screw you. You’re fired in November!’” he said.

Anderson has a compelling personal story. The teenager struggled in high school before becoming a leader at Denver’s Manual High. He was student body president, chairman of the Colorado High School Democrats and a member of the Student Board of Education.

Anderson was also homeless for a time and has said his own challenges give him valuable insight into the lives of other Denver students living in difficult situations. About two-thirds of the district’s 92,000 students qualify for subsidized lunches, a proxy for poverty.

“I have had nobody in my corner when I was a homeless student and when I was in and out of foster care,” Anderson said at a recent televised candidate debate. “And now it is my turn to turn to our students and say, ‘I am going to be your champion.’”

His candidacy has attracted more local and national press attention than is usual for a school board race. But while Anderson has said his young age would bring a fresh perspective to the board, his opponents have questioned whether he has the experience to serve.

“It’s one thing to swing a hammer at a frustration, but it’s another to know where to swing it,” said candidate Jennifer Bacon, one of Anderson’s two opponents.

Anderson is running against Bacon, 35, and incumbent Rachele Espiritu, 48. Espiritu was appointed to fill a vacancy on the board in May 2016. The appointment process was long and marked by controversy. The first appointee, MiDian Holmes, stepped aside after details about a misdemeanor child abuse conviction and her mischaracterization of it came to light.

Both Espiritu and Bacon were among the finalists for the position. But Bacon withdrew, explaining at the time it was “in consideration of my need for growth and readiness for this position, as well as my interests in supporting the board.”

Asked recently to elaborate, Bacon said she withdrew because she sensed she wasn’t going to be appointed. She said she, too, had an arrest in her background: for stealing a necklace from Macy’s when she was in college. Bacon said the charge was dropped and she was not convicted. (No charges showed up in a background check done by Chalkbeat.)

Bacon, who attended college in Louisiana, said the arrest was a turning point at a time when she was struggling to find her purpose. She went on to join the Teach for America corps, teaching for a year in New Orleans and a year in Miami.

After teaching, she went to law school and then moved in 2010 to Denver, where she worked first as a dean for the city’s largest charter school network, DSST, and then in alumni affairs for Teach for America. She is now a regional director with Leadership for Educational Equity, a nonprofit organization that trains educators to advocate for policy changes.

Bacon said she wondered whether her positions on key issues also made her an unlikely appointee. For instance, she has said she’s not opposed to charter schools but believes Denver has reached its threshold and should focus on shoring up its traditional schools.

“People ask me if I’m pro-charter,” Bacon said in an interview. “I’m pro-community.”

Since Espiritu was appointed, she has largely voted in line with the rest of the school board. But she chafes at the idea that the board is monolithic or a rubber stamp for the administration. Much back-and-forth occurs before a decision, she said in an interview, and each board member brings a unique background and set of life experiences to the table.

Espiritu often says on the campaign trail that she’s the only immigrant to serve on the board in the last century. She was born in the Philippines and came to the United States as a toddler. She holds a PhD in clinical psychology from the University of Colorado Boulder and helped found a small business called Change Matrix that assists organizations with planning, putting into place and monitoring change. She and her family moved to Denver in 2012.

Espiritu has two sons. Her oldest goes to DSST: Stapleton High, a charter school. Her youngest goes to William (Bill) Roberts School, a K-8 district-run school. She has said that in choosing schools for her children, she focused on quality and not on type.

As a member of the board, Espiritu has paid particular attention to efforts to improve student mental health. She recently encouraged DPS to become a “trauma-informed school district.”

“I want us to be a district that addresses student and educator trauma in a proactive or preventative way that’s culturally sensitive and systematic in fashion,” she said at a September board meeting. “…We need to shift our thinking from asking what is wrong with a child to what happened with a child.”

Parts of northeast Denver have struggled academically. The region is home to the district’s biggest-ever school turnaround effort, as well as two of three schools the board voted unanimously last year to close due to poor performance.

The candidates’ disparate views on school closure offer a window into what differentiates them. Espiritu voted for the closures, though she noted at a subsequent board meeting that doing so was “a painful process … and such a difficult decision.”

Anderson has said he opposes closing any more traditional, district-run schools. Bacon, meanwhile, has said that while she doesn’t believe in “trapping kids in failing schools,” ideas about how to turn things around should originate with affected families.

Two local groups that traditionally endorse candidates and contribute large sums of money struggled this year with who to support in District 4. The Denver Classroom Teachers Association endorsed Bacon, but a progressive caucus of the union chose to separately support Anderson. The pro-reform group Stand for Children did not endorse any candidate, explaining that both Bacon and Espiritu surpassed its “threshold for endorsement.”

Of the three candidates, Espiritu had raised the most money — $73,847 — as of Oct. 11, when the first campaign finance filing period ended. Bacon had raised $59,302, including $10,000 from the teachers union, while Anderson had raised $16,331.

Espiritu and Bacon have also benefitted from the support of independent expenditure committees. A union-funded group called Brighter Futures for Denver spent $139,000 on Bacon. Two other groups, Students for Education Reform and Raising Colorado, which is associated with Democrats for Education Reform, spent a total of $73,229 on Espiritu.

Sorting the Students

As Nashville heads to court over sharing student information with the state, here’s why Memphis probably won’t

PHOTO: Grace Tatter
Nashville's Davidson County Chancery Court building where the state filed against Metro Nashville Public Schools over sharing contact information with charter schools.

Tennessee’s two largest school districts are often in lockstep on key issues. But in a recent tiff with the state about sharing student information with charter schools, the two districts are poised to part ways.

Leaders of Nashville’s school district have repeatedly defied an order from Tennessee’s education commissioner to share student addresses, phone numbers, and other information with the state’s controversial turnaround district, as required by a new state law. The state filed a lawsuit this week in response.

Meanwhile, leaders of the Memphis district have spoken out about the rule — but are preparing to comply. The district has given parents until Sunday, Oct. 22 to opt out of sharing their contact information with charter schools.

Instead of outright rejecting McQueen’s deadline last month like Nashville did, Superintendent Dorsey Hopson sought a compromise and the district has indicated contact information after the opt out window could be shared.

“… we respectfully request you extend your deadline until October 23, 2017 to allow our families the opportunity to make an informed decision regarding their rights and to give our board an opportunity to vote on the release of the data,” Hopson said in a letter to McQueen.

The state education department says it is holding off filing a similar suit against that district, for now. The Memphis district “is still deciding whether to comply, whereas Metro [Nashville] has made its decision already,” state spokeswoman Sara Gast said. “Given that, it is appropriate to file here and then review Shelby’s decision to decide if litigation is necessary.”

Shelby County Schools declined to share how many parents have chosen to opt out so far, but said it plans to share information with its board about the effort next week.

The fight has ignited long-simmering tensions around enrollment and the state’s influence in local schools, and comes on the heels of Metro Nashville Public Schools board voting to join Shelby County Schools in its landmark funding lawsuit against the state.

Memphis leaders have also said that the issue at hand is student privacy, though a robocall to Memphis parents indicated that the main goal of the opt-out process was not to lose students to charter schools.

Memphis’ compromise stance will be good news to groups like parent advocacy organization Memphis Lift, which says it has gathered about 1,200 parent signatures urging Shelby County Schools to release the contact information.

What Memphis parents should know about how schools share student information

The legal questions at stake are the first challenge to a slight, but significant, amendment to federal rules

The Nashville school board cited two reasons for defying the state’s order in late August: One is U.S. Department of Education rule that allows districts to have discretion on who gets student directory information. The second was that when state lawmakers crafted the law that requires school districts to share student information, they did not intend for that information to be used for recruitment.

According to Frank LoMonte, a First Amendment lawyer and director of The Brechner Center at the University of Florida, said the lawsuit could have national implications.

“What we’re about to see is the first test of whether the U.S. Department of Education amended rules in 2011 are enforceable or not,” he said. What it comes down to, he said, is if a federal rule can give local districts the permission to violate state law.

The Nashville board’s second justification reflects concerns from State Rep. John Forgety, who chairs a key House education committee. He says the state is misinterpreting the law he helped create.

The state said in a statement that Commissioner Candice McQueen is seeking to confirm her interpretation of the new state law, “ensuring that families can be informed of all public education opportunities available to them.”

Below is a copy of the state’s court filing: