Who Is In Charge

Final Senate vote endorses SB 10-191

Updated 10 p.m. May 12 – The Senate voted 27-8 Wednesday afternoon to re-pass Senate Bill 10-191, the educator effectiveness bill, after accepting House amendments.

A few hours earlier, the House voted 36-29 for the measure.

SB 10-191 cosponsors Sen. Mike Johnston, D-Denver, (left) and Sen. Nancy Spence, R-Centenntial, talked about the importance of the bill before the final Senate vote May 12, 2010.

In the Senate, 13 of the body’s 21 Democrats voted yes. The original April 29 Senate vote was 21-14. Eight Democrats and the House’s one independent joined 27 Republicans in supporting the measure in that chamber. (List of Democrats who voted yes.)

Another education measure, House Concurrent Resolution 10-1002, failed on the House floor Wednesday. It’s the proposed constitutional amendment to allow the legislature to raise taxes for education without voter approval. It needed 44 votes, but the roll call was 35-30. A companion measure, SCR 10-002, also died when the legislature adjourned Wednesday.

Final passage of SB 10-191  makes 2010 the third year in which the legislature has passed major education legislation.

In 2008, lawmakers passed the Colorado Achievement Plan for Kids, which set out a multi-year program of changing the state and local content standards, tests, high school graduation requirements and college entrance standards.

Last year, the legislature approved the educator identifier bill and a measure that revamps the state system for accrediting districts and schools and for improving the most struggling schools.

All those reforms, especially CAP4K and SB 10-191, have long implementation times and uncertainties about how much they ultimately will cost to implement.

Senate supporters praise bill

Senators spoke for about 45 minutes on SB 10-191 before taking their final vote.

Sen. Michael Johnston, D-Denver, the driving force behind the measure, evoked the Tuskegee Airmen’s service in World War II as an event that changed views of race and said, “That’s the moment where we stand now in education.” Saying children must no longer be judged by the disadvantages they bring to school, “What matters to us is that every child gets across the finish line.

“We will absolutely measure our success by how many of those children get across the finish line. … We as adults will hold ourselves accountable.”

Sen. Nancy Spence, R-Centennial and Johnston’s Senate co-sponsor, said, “This bill is a game changer.”

Here’s a sampling of comment from other supporters:

  • “This is truly an historic moment [but] the obligation for us is now to come through with the funding mechanisms that are needed.” – Sen. Chris Romer, D-Denver
  • “As the bill has gone through it has improved significantly.” – Sen. Suzanne Williams, D-Aurora, a former teacher who swung from opposition to support.
  • “I think it is moving in the right direction.” – Sen. Bob Bacon, D-Fort Collins and Senate Education Committee chair who previously opposed the bill. He also warned of funding challenges and called for greater parent and student accountability.
  • “This has been a truly agonizing process.” – Sen. Rollie Heath, D-Boulder, a major force behind Senate amendments who vehemently said the state and its citizens now must step up to adequately fund schools.

The lone voice of opposition was Sen. Evie Hudak, D-Westminster, who has doggedly led the fight against the bill in the Senate.

“In my opinion, the amendments made in the House don’t fix the fundamental problems” in the bill, including cost and expanded testing. She called changes to the bill “lipstick on a pig.”

Sen. Shawn Mitchell, R-Broomfield, didn’t speak during previous debates, but he struck a nuanced note Wednesday. “The change in this bill is not as dramatic as it proponents hope nor as cataclysmic as its opponents fear. It is a moderate bill.”

The debate in the House

There was no debate on the House floor Wednesday on the educator effectiveness bill, but there was plenty of it Tuesday evening when it passed its big test on a preliminary vote.

Representatives huddled May 11, 2010, during a break in formal debate on SB 10-191.

That standing vote on SB 10-191 came at about 11:15 p.m., after hours of emotional debate and just 45 minutes before a midnight deadline for the decision.

Johnston, said, “I’m very pleased. … All of the core components of the bill are intact. I think Colorado took a courageous step in the right direction.” Johnston watched the latter part of the debate from the House gallery.

Bev Ingle, president of the Colorado Education Association, was somber after the vote, saying her group would have to evaluate the amendments before deciding its position on the bill. CEA has been the leading opponent of the measure. Ingle did say she was disappointed with the way the push for the bill was handled. “It didn’t have to be a power play.”

In a nuanced statement issued by CEA Wednesday, Ingle sounded resigned, writing, “This bill has been much improved” and going on to recount the union’s opposition to the bill and the reasons why.

She continued, “CEA will offer its assistance to the [Educator Effectiveness Council] and help it successfully complete its many charges. And we will also examine the bill and the various education processes it impacts. We will do everything we can to make this work for our teachers and our students.”

The bill passed on a standing House vote Tuesday.

More than a dozen amendments were proposed and debated, with most of the sponsors’ changes passed and opponents’ amendments defeated. Lengthy speeches and lots of questions from opponents propelled the debate for five and a half hours.

The key amendment proposed by sponsors raises the possibility of binding arbitration for teachers who lose tenure because of unsatisfactory evaluations but basically delays that decision until the 2013 legislative session.

A key defeat for opponents came just before 10 p.m. when the House turned back an amendment by Rep. Mike Merrifield, D-Colorado Springs, that basically would have gutted the bill. Six or seven Democrats and the House’s one independent stood with Republicans to defeat the amendment.

The House had a midnight deadline to pass the bill on preliminary consideration because legislative rules require a final vote be held no sooner than the next calendar day. And, Wednesday is the last day of the 2010 session.

The debate started at about 6:45 p.m. – following more than an hour and a half of Democratic members orating at length on House Concurrent Resolution 10-1002, the proposed constitutional amendment that would allow the legislature to raise taxes for education spending without a citizen vote. Because such a resolution requires a two-thirds majority in each house to get on the ballot, it’s not expected to pass.

But supporters of HCR 10-1002 used it to highlight their concerns about the troubled state of education funding in Colorado. And the lengthy speeches were seen as a delaying tactic by opponents who at that point still considered trying to run out the clock. No Republicans spoke on HCR 10-1002. And, no GOP members except Rep. Carole Murray, D-Castle Rock and a co-prime sponsor, spoke on SB 10-191.

The split between Democrats on SB 10-191 was personified by Rep. Karen Middleton (left) and Rep. Nancy Todd. Both represent Aurora districts.

The debate was between Democrats.

The main opposition speakers were Democratic Reps. Merrifield, Nancy Todd of Aurora, Judy Solano of Brighton and Debbie Benefield of Arvada, the core of the traditionalist group on the House Education Committee. All but Benefield are retired teachers; she’s a longtime parent activist in Jefferson County.

They were assisted by Rep. Sarah Gagliardi, D-Arvada, a nurse who generally doesn’t have a high profile on education issues. Gagliardi seemed to have the assignment of asking sponsors to explain the meaning of proposed amendments in detail.

The speeches by Merrifield, Todd, Solano and Benefield alternated between emotional pleas and sharp attacks laced with sarcasm. They repeatedly quoted from letters and e-mails written by teachers opposed to the bill.

“This is not a teacher effectiveness bill. This is a measure-and-punish bill,” Merrifield said during his last of several turns at the podium.

Several other Democrats rose to speak against the bill at length.

But Rep. Karen Middleton, D-Aurora and a former member of the State Board of Education, defended the bill and voted for it. At one point, she rose to chide Rep. Max Tyler, D-Golden, who used an ill-considered analogy about a baker and maggoty flour to talk about teachers who have to deal with difficult students.

A chastened Tyler apologized for his remarks and withdrew an amendment he’d proposed.

Rep. Beth McCann, a Democratic lawyer whose district covers a wide swath of northeast Denver, spoke the most eloquently in support of the bill.

She agreed with critics concerned about the potential costs of the bill and the financial pressures facing schools. “We have to get real in this state and support public education with our money.”

But, McCann said, the bill may provide needed impetus for improved educator effectiveness, and, “These kids can’t wait.”

Co-prime sponsor Rep. Christine Scanlan, D-Dillon, and Murray kept their cool at the microphone under criticism of the bill, briefly explaining amendments and successfully urging defeat of hostile ones.

Negotiations went on for hours

Scanlan spent much of her afternoon out of the House chamber, working on amendments, conferring with House Speaker Terrance Carroll, D-Denver (and a bill supporter), and talking to lobbyists, Johnston and other legislative leaders.

Cluster of lobbyists grouped and regrouped in the House lobby and along the second-floor brass rails, conferring on proposed amendments and talking on their cell phones. Department of Education officials and more lobbyists watched the debate from the gallery.

An emotional Rep. Nancy Todd, D-Aurora, repeated her fears about SB 10-191 at the end of the long May 11 debate.

An emotional Todd returned to the microphone alone after the voting was done and as the House was about to adjourn.

The bill is “not a message of hope and encouragement for teachers. … I am so sad at the divisiveness this bill has caused in our state and legislature. … I do want you to hear my heart, because my heart is speaking for 40,000 teachers in the state of Colorado,” she said.

Interestingly enough, little of the discussion focused on the long timelines and multiple decision points that were amended into the bill by the Senate.

The existing Governor’s Council on Educator Effectiveness will develop definitions of teacher and principal effectiveness and is assigned with developing many other details of evaluation systems, cost and educator improvement. After the council is done, the State Board of Education will issue regulations, which will be subject to review by the legislature.

There will be testing of evaluation systems after that, with the full program not going into effect statewide for five years.

The amendment offered by the sponsors and added on the floor Tuesday directs the council to develop proposals for use of binding arbitration in the cases of teachers who lose non-probationary status because of unsatisfactory evaluations. The council will make its recommendations directly to the legislature, not to the state board.

CEA lobbyists said that amendment was important to them, but the union remains opposed to the bill pending review. But the amendment is of concern to some school district interests.

However, the arbitration amendment was seen as the factor that ended the possibility of an attempted “filibuster” and allowed the debate and vote to go forward.

Measure sparked intense debate

The bill has generated an emotional, complex and sometimes over-simplified debate over how to measure teacher quality, whether standardized tests are an accurate measure, cuts in school funding, the wisdom of taking action this year, lack of parental involvement in schools, the political clout of the CEA and how teachers are treated in society.

Many opponents of the bill feel double-crossed by the measure because it would expand on and change the work of the council, a group created by executive order in January after agreement by a wide variety of education interests, including the CEA. The council was supposed to develop definitions of principal and teacher effectiveness and make recommendations to the legislature and State Board of Education by the fall of 2011.

The bill would give the council additional duties and put its functions into state law. A key feature of both the executive order and the bill is the requirement that 50 percent of a teacher’s evaluation be based on student academic growth over time. The bill also applies that standard to principals. And the bill specifies that growth will be measured by a variety of assessments, not just the annual CSAP.

The bill also requires mutual consent between a principal and a teacher for placement in a school, although a House committee amendment requires a principal consult with other teachers in a school. The bill also make satisfactory evaluations a factor in layoffs, and for the first time would require non-probationary teachers to return to probation after two unsatisfactory evaluations.

That, and cost, have been a major sticking point for CEA and led to amendments that would give teachers some appeal rights in cases of unsatisfactory evaluations.

While CEA and a large corps of Democratic legislators have led the charge against the bill, it’s been endorsed by the American Federation of Teachers-Colorado, the Colorado associations of school boards and school executives, the Colorado Children’s Campaign, the state board, education Commissioner Dwight Jones, Ritter and his three immediate predecessors and numerous business, education and community groups.

Some supporters hope passage of the bill will improve Colorado’s chance in the second-round Race to the Top competition, but the sponsors have been downplaying the importance of that.

Democrats who voted yes

Senate

Democrats who voted for the bill on final passage Wednesday were Bob Bacon of Fort Collins, Joyce Foster of Denver, Dan Gibbs of Silverthorne, Rollie Heath of Boulder, Mary Hodge of Brighton, Mike Johnston of Denver, Majority Leader John Morse of Colorado springs, Linda Newell of Denver, Chris Romer of Denver, President Brandon Shaffer of Boulder, Pat Steadman of Denver, Abel Tapia of Pueblo and Suzanne Williams of Aurora.

Bacon, Morse, Shaffer, Steadman, Tapia and Williams voted no when the Senate first passed the bill on April 29.

House

The Democratic representatives who voted yes were co-prime sponsor Christine Scanlan of Dillon, Karen Middleton of Aurora and Joe Rice of Littleton, plus Denver representatives Lois Court, Mark Ferrandino, Jeanne Labuda, Beth McCann and House Speaker Terrance Carroll. Independent Kathleen Curry of Gunnison, a former Democrat, also voted yes.

Ferrandino and Rep. Jim Riesberg, D-Greeley, provided the votes needed to get the bill out of the House Appropriations Committee on a 7-6 vote last Friday. Riesberg voted no on the bill Wednesday.

Do your homework

newark notes

In Newark, a study about school changes rings true — and raises questions — for people who lived them

PHOTO: Naomi Nix
Park Elementary principal Sylvia Esteves.

A few years ago, Park Elementary School Principal Sylvia Esteves found herself fielding questions from angst-ridden parents and teachers.

Park was expecting an influx of new students because Newark’s new enrollment system allowed parents to choose a K-8 school for their child outside of their neighborhood. That enrollment overhaul was one of many reforms education leaders have made to Newark Public Schools since 2011 in an effort to expand school choice and raise student achievement.

“What’s it going to mean for overcrowding? Will our classes get so large that we won’t have the kind of success for our students that we want to have?” Esteves recalls educators and families asking.

Park’s enrollment did grow, by about 200 students, and class sizes swelled along with it, Esteves said. But for the last two years, the share of students passing state math and English tests has risen, too.

Esteves was one of several Newark principals, teachers, and parents who told Chalkbeat they are not surprised about the results of a recent study that found test scores dropped sharply in the years immediately following the changes but then bounced back. By 2016, it found Newark students were making greater gains on English tests than they were in 2011.

Funded by the Chan Zuckerberg Initiative and conducted by Harvard researchers, the study also found the reforms had no impact on student math scores.

And while many Newark families and school leaders agree with the study’s conclusion — that students are making more progress now — they had very different ideas about what may have caused the initial declines, and why English growth was more obvious than math.

Supported by $200 million in private philanthropy, former superintendent Cami Anderson and other New Jersey officials in 2011 sought to make significant changes to the education landscape in Newark, where one third of more than 50,000 students attend privately managed charter schools. Their headline-grabbing reforms included a new teachers union contract with merit-based bonuses; the universal enrollment system; closing some schools; expanding charter schools; hiring new principals; requiring some teachers to reapply for their jobs; and lengthening the day at some struggling schools.

Brad Haggerty, the district’s chief academic officer, said the initial drop in student performance coincided with the district’s introduction of a host of changes: new training materials, evaluations, and curricula aligned to the Common Core standards but not yet assessed by the state’s annual test. That was initially a lot for educators to handle at once, he said, but teacher have adjusted to the changes and new standards.

“Over time our teaching cadre, our faculty across the entire district got stronger,” said Haggerty, who arrived as a special assistant to the superintendent in 2011.

But some in Newark think the district’s changes have had longer-lasting negative consequences.

“We’ve had a lot of casualties. We lost great administrators, teachers,” said Bashir Akinyele, a Weequahic High School history teacher. “There have been some improvements but there were so many costs.”

Those costs included the loss of veteran teachers who were driven out by officials’ attempts to change teacher evaluations and make changes to schools’ personnel at the same time, according to Sheila Montague, a former school board candidate who spent two decades teaching in Newark Public Schools before losing her position during the changes.

“You started to see experienced, veteran teachers disappearing,” said Montague, who left the school system after being placed in the district’s pool of educators without a job in a school. “In many instances, there were substitute teachers in the room. Of course, the delivery of instruction wasn’t going to even be comparable.”

The district said it retains about 95 percent of its highly-rated teachers.

As for why the study found that Newark’s schools were seeing more success improving English skills than math, it’s a pattern that Esteves, the Park Elementary principal, says she saw firsthand.

While the share of students who passed the state English exam at Park rose 13 percentage points between the 2014-2015 and 2015-2016 school years, the share of students who were proficient in math only rose 3 percentage points in that time frame.

“[Math is] where we felt we were creeping up every year, but not having a really strong year,” she said. “I felt like there was something missing in what we were doing that could really propel the children forward.”

To improve Park students’ math skills, Esteves asked teachers to assign “math exemplars,” twice-a-month assignments that probed students’ understanding of concepts. Last year, Park’s passing rate on the state math test jumped 12 percentage points, to 48 percent.

While Newark students have made progress, families and school leaders said they want to the district to make even more gains.

Test scores in Newark “have improved, but they are still not where they are supposed to be,” said Demetrisha Barnes, whose niece attends KIPP Seek Academy. “Are they on grade level? No.”

Chalkbeat is expanding to Newark, and we’re looking for a reporter to lead our efforts there. Think it should be you? Apply here.  

Who Is In Charge

Indianapolis Public Schools board gives superintendent Ferebee raise, bonus

PHOTO: Dylan Peers McCoy
Lewis Ferebee

Indianapolis Public Schools Superintendent Lewis Ferebee is getting a $4,701 raise and a bonus of $28,000.

The board voted unanimously to approve both. The raise is a 2.24 percent salary increase. It is retroactive to July 1, 2017. Ferebee’s total pay this year, including the bonus, retirement contributions and a stipend for a car, will be $286,769. Even though the bonus was paid this year, it is based on his performance last school year.

The board approved a new contract Tuesday that includes a raise for teachers.

The bonus is 80 percent of the total — $35,000 — he could have received under his contract. It is based on goals agreed to by the superintendent and the board.

These are performance criteria used to determine the superintendent’s bonus are below: