Tag Archives: law

I’m back after a brief hiatus, and we’ve got some catching up to do on the legislative front. Specifically, we can celebrate the fact that Sen. Michael Merrifield has learned once again that doing the same thing over and over again may not be the best approach. I wrote a rather snarky post a few weeks ago about Merrifield’s SB 067, which was functionally identical to last year’s SB 105. Both bills sought to gut tenure reform, performance pay, and merit-based personnel decisions by essentially blowing up strong educator evaluations. In particular, Merrifield was once again attempting to eliminate the requirement that evaluations include multiple measures of student growth. And once again, he failed to do so.

It’s National School Choice Week again, my friends. This year’s celebration of educational opportunity is the biggest yet with more than 21,000 events attended by more than six million people across all 50 states. You can help us celebrate the occasion by stopping by the Colorado Capitol on Thursday, January 26, at 11:30 AM. If you live further south, there will also be a rally at the Colorado Springs City Hall at 9 AM on January 24. If neither of those options works for you, you can take a look at this interactive map to find another event in your area. No matter where you live, you should plan to get to a NCSW rally. There will be lots and lots of fuzzy yellow scarves as usual, and you’ll get to go home feeling pretty fuzzy yourself for having helped promote opportunity for all students. There’s plenty to celebrate during National School Choice Week 2017, like the fact that educational choice just keeps on expanding all across the United States. There are more than 2.5 million students enrolled in more than 6,500 public charter schools in more than 40 states. Additionally, there are 61 private school choice programs of various types spread […]

I know I’m a little snarky from time to time, but I generally feel like I’m a pretty even-keeled kid. It takes a fair amount to get me mad. But if there’s one thing that is absolutely, positively guaranteed to send me off the rails, it’s when grown-ups entrusted with the levers of power choose to operate those levers to benefit themselves and harm students, parents, and taxpayers. That is exactly what I saw happen last night when I tuned in for my favorite biweekly Tuesday entertainment: the Douglas County School District Board of Education meeting. As some of you may know, Doug Benevento, a member of the four-person conservative majority on the board, resigned his seat on August 17. He submitted a brief but official “letter” of resignation to Dougco BOE President Meghann Silverthorn, who subsequently informed the other board members of the news. In case all of that wasn’t clear or public enough, Benevento also ran an op-ed explaining his decision in the Denver Post, the largest newspaper in the state. In addition to that, major news outlets across Colorado covered the resignation, including: 7News 9News Chalkbeat Colorado CBS Denver The Denver Post That’s only a partial list, […]

It’s been another pretty slow week in Colorado education news, but that’s okay with me. Friday is upon us once again, and I’ve got a lot to think about and accomplish before I even begin to think about fun, sun, and trips to the pool this weekend. The biggest thing on my to-do list is to help my policy friend Ross Izard prepare for the first meeting of the Every Student Succeeds Act Hub Committee on Monday afternoon. Ross was appointed to the committee last month, and he has been reading and gathering feedback since the letter came through. He’s reviewed ESSA before, but he has buckled down during the last couple weeks and reviewed the U.S. Department of Education’s proposed regulations and a whole bunch of other stuff ranging from commentaries to summaries to charts. A lot of trees have died at the hands of the Independence Institute’s printer over the course of the last week. Fortunately, their deaths were not in vain; Ross definitely has some ideas about how to move forward, though I can’t share those quite yet.

I’ve talked a fair amount over the last couple of years about the “weaponized waivers” employed by the Obama administration under the federal Elementary and Secondary Education Act of 1965, the previous iteration of which was called No Child Left Behind. The newest iteration of the act, now called the Every Student Succeeds Act (ESSA), passed back in December of last year. As of yesterday, ESSA officially ushered NCLB waivers down the path of the dinosaurs. That’s great news for those of us who think that the federal government has little business dictating education policy to states.

Remember that student protest at Ponderosa High School in Douglas County back in March? I wrote then: The cynical side of me believes that this is but the first step in the march toward a full-blown assault on Dougco’s (now one-seat) conservative majority in 2017. As is usually (and depressingly) the case, my cynicism was well founded. The protest spawned a fabricated “bullying” fiasco that became the first major political play in what I believe is a wider game to purge conservative thought and policy from Douglas County School District. Now, however, it’s become clear that this particular political maneuver didn’t pan out as the establishment-minded board members Anne-Marie Lemieux, David Ray, and Wendy Vogel had hoped.

I got a lot of questions yesterday about yet another ruling on the Douglas County voucher program. Was this good news? Was it bad news? Which lawsuit was this anyway? What the heck is going on in Douglas County? It occurred to me after about the 50th question that stuff has gotten pretty complicated when it comes to vouchers in Dougco. We’re going to dedicate today’s post to clearing up the confusion. After all, there’s nothing worse than being perplexed over the weekend. Let’s start from the beginning. Most everyone probably remembers that the original Dougco voucher program was shot down by the Colorado Supreme Court almost a year ago thanks to our state’s icky Blaine Amendment. That decision was appealed to the U.S. Supreme Court, but the whole process was complicated by the tragic (in so, so many ways) death of Justice Antonin Scalia and the fact that SCOTUS had already taken a Blaine-related case out of Missouri. The case remains in limbo somewhere in the echoing hallways of the U.S. Supreme Court, which has yet to decide whether it will hear the case at all. It will likely remain undecided for some time. But Douglas County didn’t want […]

Two weeks ago, I expressed my ambivalence toward the courts (again) while talking about a creative workaround for a Washington Supreme Court decision declaring charter schools unconstitutional. I then mistakenly allowed myself to believe we would be free of legal discussions for a while. No such luck. And this time, stuff’s complicated. Last week, a California Court of Appeals panel overturned the now-famous Vergara v. California ruling. For those who don’t remember, this ruling struck down California’s teacher tenure statute along with other seniority-based policies like the state’s last-in-first-out (LIFO) dismissal policy, which paid no heed to effectiveness. Why? Because the court determined that those policies disproportionately harm low-income and minority students, thereby violating the California Constitution’s requirement that the state provide a “meaningful, basically equal educational opportunity” to all students. A raft of evidence presented by the plaintiffs—a groups of students—and their attorneys showed that seniority-based personnel policies, and especially policies like tenure that make it nearly impossible to let ineffective teachers go, are bad ideas.

I have a love-hate relationship with the courts—a fact well known to my readers. From Douglas County vouchers to tire scraps in Missouri to Thompson union battles (even though logic eventually prevailed in that case) to decisions on teacher tenure and forced tribute payment by non-union members, I often find myself befuddled by the apparent lack of ability (desire?) on the part of some courts to do stuff that makes sense. But even among all that silliness, one decision really stands out as the most surprising in the last couple of years: a decision by the Washington Supreme Court to declare the state’s charter school law unconstitutional. Huh? I wrote last September about the unpleasant surprise that was the Washington Supreme Court’s charter school ruling. I simply couldn’t wrap my head around the idea of a court striking down something as firmly rooted as charter schools. According to the National Alliance for Public Charter Schools, there are more than 6,700 public charter schools in America. Those schools serve 2.9 million kids across more than 40 states.  In Colorado alone, charters serve 108,000 kids—about 12 percent of all public school kids in the state—in 226 schools. Charter laws have been around […]

About this time last year, I wrote a starry-eyed post about how much I love seeing fellow policy explorers on field trips to the Colorado State Capitol. I wrote then: For those who spend a lot of time at the Capitol, these bright-eyed explorers are sometimes viewed as a hassle. They clog the stairs, block the hallways, and every now and then manage to run smack into someone who probably believes they are far too important to be run into. But we should be careful about looking at these little guys (my people!) as hurdles that must be (sometimes physically) clambered over and worked around in the pursuit of more important business. In fact, I’d like to argue that there is no more important business than introducing our kids to the American system of government. When I look around at groups of kids touring the Capitol—some of them wearing little ties and doing their best to stand up straight and proud, others struggling just to take it all in—I wonder how many of tomorrow’s leaders I’m looking at. How many future legislators, governors, and justices have I seen? How many activists, teachers, and nonprofit leaders am I watching form right […]