Who Is In Charge

All sides hustle to tell Lobato stories

The three parties in the Lobato v. State school finance lawsuit have been scrambling to tell their stories ahead of Monday’s start of the trial, which promises to be a wonkish five weeks of expert testimony on funding, achievement stats, research studies and other fine points.

Kathleen Gebhardt
Lobato case lawyer Kathleen Gebhardt is interviewed by a TV news crew.

Children’s Voices, the non-profit law firm representing most of the plaintiffs, closed the pretrial festivities Sunday morning with an event on the Capitol’s west steps, Colorado’s traditional site for rallies, protests and political announcement.

Defendant Gov. John Hickenlooper and his lawyer, Attorney General John Suthers, got the jump on those media outreach efforts Thursday with a news conference in the governor’s wood-paneled office.

Lawyers for the Mexican American Legal Defense and Educational Fund went before the cameras Friday morning under the trees outside the Department of Education on East Colfax Avenue to tell their side of the story.

In between events, participants in the case made the rounds of newsrooms and meeting rooms to talk about the case.

The Children’s Voices event on Sunday featured a “human graph” of schoolchildren standing up and down the Capitol steps to illustrate school funding trends, using a long black ribbon to represent national per pupil spending over a several years and a red ribbon going down the steps to represent Colorado stats.

Capitol rally
Parent Theresa Wrangham (lower right) speaks while children hold ribbons illustratrating national (black) and Colorado (red) school spending trends.

Lawyer Kathleen Gebhardt, arguing the need for the suit, said, “The state continues to ask people to do more with less and less. … Our kids can’t wait.”

Theresa Wrangham, a Boulder Valley parent and plaintiff in the case, called the state’s school finance system “completely detached from the needs of children.”

Superintendents from the state’s largest district and one of its smallest also argued that Colorado schools need more financial support. Noting all the education reform legislation of recent years, Jeffco’s Cindy Stevenson said, “Now we’re asking the state to step up to the constitutional requirements” for thorough and uniform education.

George Welsh of the Center School District in the San Luis Valley said, “Our education finance system is broken.” He noted that in his community a $13,000-a-year paraprofessional position “is considered a good job.”

Children’s Voices has hired Mark Stevens, former communication director for CDE and for the Denver and Greeley districts, to coordinate media relations for the trial. The group has a website and is starting to post Tweets about the case.

Attorney General John Suthers and Gov. John Hickenlooper
Attorney General John Suthers and Gov. John Hickenlooper

On Thursday Hickenlooper and Suthers did their best to argue that a plaintiffs’ victory would lead to an unacceptable squeeze on the state budget and would decimate other state programs. “If we lost this decision the consequences would be devastating,” he said.

“But when I step back and look at the [budget] reality we face,” forced spending on education “is incorrect.”

Hickenlooper tried to show his sympathy for the plaintiffs, saying, “I feel very strongly in some ways as the plaintiffs do” and “I’m not fighting against more funding for education.”

Previewing an argument the state is expected to make in the courtroom, Suthers said increased spending doesn’t necessarily “advance the quality” of education.

Both men argued that it’s not the role of the courts to dictate school funding. “It’s up to the people and the legislature to decide what to do about it,” said Suthers.

The plaintiffs’ case centers on the question of whether the state’s current school funding system meets the state constitutional requirement for a “thorough and uniform” education system.

Suthers referred to the constitutional clause as “this 1876 phrase” and asked “What applicability does that have in 2011?”

The attorney general said, “Our job is to make her [Judge Sheila Rappaport] feel very uncomfortable” about the consequences of a ruling for the plaintiffs. “Either way it’s going back to the Colorado Supreme Court.

MALDEF news conference speakers
MALDEF lawyer David Hinojosa (at podium) speaks during a July 29, 2011, news conference. At left is Lobato case plaintiff Mirabel Payan and daughter Gracie. At right is lawyer Marisa Bono.

On Friday, MALDEF lawyer David Hinojosa made the argument that Colorado’s school funding system creates special problems for students who are low income and English language learners.

“All children can succeed if given sufficient educational opportunity,” he said, but schools are stretched too thin to ensure that outcome and are forced “to rob Pablo to pay Paul. … They shouldn’t have to make those tough choices.”

The MALDEF team is representing parents in four high-poverty districts – Greeley, Mapleton, Rocky Ford and Sheridan – and in its case will argue that the current system doesn’t provide enough funding for English language learners, the full range of at-risk students and preschoolers and also doesn’t provide enough facilities funding to ensure all children have safe and healthy schools.

As to Hickenlooper’s and Suthers’ fears, Hinojosa said, “The sky’s not going to fall” if the plaintiffs win their case.

Hinojosa appeared with lawyer Marisa Bono and Sheridan parent Maribel Payan, who read rapidly from a prepared statement in Spanish. Daughter Gracie, a seventh grader, spoke briefly in English but was clearly nervous about being in front of the cameras.

EdNews preview of the trial

Budget woes

In budget address, Illinois governor J.B. Pritzker proposes modest education increases

J.B. Pritzker speaks during a round table discussion with high school students at a creative workspace for women on October 1, 2018 in Chicago, Illinois.

Even while calling his proposed budget “austere” and speaking plainly about the yawning deficit he inherited, Illinois’ new governor, J.B. Pritzker, struck an optimistic chord when describing how he plans to plow more money into schools.

His fiscal year 2020 budget would allocate a total of $7.2 billion for K-12 funding, including an extra $25 million in addition to the mandated $350 million annual minimum increase under the state’s funding formula.

“There’s a focus here on trying to not only rebuild from the damage that was done over the last four years but also to set us up for growing the economy, which happens in part because of our investments in education,” Pritzker said, nodding to a nearly two-year budget stalemate under his predecessor, Republican Bruce Rauner, that left the state with billions in unpaid bills.

During Wednesday’s speech, the governor said the long-term solution to the state’s budget deficits  was a progressive income tax that would take more money from Illinois’ wealthiest residents.

In the shorter term, though, Pritzker’s budget proposal includes an additional $25 million for Illinois schools, an increase of $21 million in special education grants, and a $5 million boost for career and technical education programs for high school students.

Also in the proposal: $50 million in need-based college grants, another $35 million in university scholarships, and $2 million to cover waived fees for low-income students taking Advanced Placement tests.

Pritzker’s budget would allocate an additional $100 million to the Early Childhood Block Grant. That would bring the state investment in early childhood education to $594 million next year.

The governor Wednesday also proposed freezing a tax credit for businesses and individuals who contributed scholarships for private schools. Critics argued the program cut into state income taxes that would otherwise help fund public schools. Supporters, including Rauner, said it was one of the few ways struggling families could afford private schools.

Pritzker noted that given Illinois’ economic reality, there is a limit to how much cost-cutting alone could do. Instead, he promised to pass a budget that would include an increase in funding across the board as a way to invest in the state’s future, with a particular focus on education.

“We must stop slashing programs that build future prosperity,” Pritzker said in his budget address. “Over the long term, we must make investments in education, livable wages, innovative human service programs and job training.”

In unveiling his budget, the governor spoke plainly about the state’s dire fiscal situation: a $3.2 billion budget deficit and $15 billion in debt from unpaid bills — an amount that is equal to funding “free four-year university tuition for more than 12,000 students,” he said.

Nearly two years without a state budget under the previous governor prompted a massive backlog of funding in the K-12 education budget that the state is still struggling to fill, on top of an $8.1 billion backlog of unpaid bills across state agencies.

A 2017 overhaul in the formula Illinois uses to fund schools put the state on a 10-year path to closing the more than $6.8 billion gap between what it spends on K-12 public schools and the projected cost of adequate school funding. In January, the state board of education asked for $15 billion in public schools funding.

“It’s a very teensy step and better an increase than not,” Wendy Katten with Raise Your Hand Action, a parent group advocating for public education, said of the increased funding for K-12 schools. “But that’s nowhere near the $7 billion that’s needed for basic adequacy, let alone the $2 billion needed for [Chicago Public Schools].”   

Pritzker’s proposed additions are modest, to be sure, but unions representing teachers in Chicago and statewide, as well as disability advocates, said any additional investment in education is most welcome.

“It’s clear that he understands the importance of great public schools and higher education and is committed to fulfilling the state’s responsibility to invest in them,” the president of the Illinois Federation of Teachers, Dan Montgomery, said.

And the Chicago Teachers Union asked that Chicago Public Schools to use any extra state funding to lower class sizes and increase special education staffing.

“The increase in evidence-based funding over the statutory minimum recognizes that Illinois’ challenges with education funding equity are fundamentally rooted in the need to drive more resources to students, like those in CPS, who have suffered from decades of insufficient and unequal school funding,” Jesse Sharkey, president of the union, said.

Chris Yun, the education policy analyst with Access Living, which advocates for people with disabilities, said she was heartened to see a bump for special education funding, noting: “Students with disabilities are often forgotten because the number is much less than general education students. We have a long way to go, but this is just step one.”

Pritzker told Chalkbeat in October that contributing more money to education would require solving the state’s longstanding budget woes. At that time, Illinois was expected to enter fiscal year 2019 with a budget deficit of more than $1 billion. That figure has now more than tripled.

Its problems are compounded significantly by its pension responsibilities, making it increasingly difficult to allocate money to other needs, said Ralph Martire, director of the Center for Tax and Budget Accountability.

“The payments are jumping at levels our system can’t afford,” Martire said.

Pritzker on Wednesday said he would “smooth the pension ramp by modestly extending it,” which hints at a plan to push payments off further.

While Pritzker’s progressive taxation plan has a steady thrum of support from Democratic lawmakers, the measure has not yet passed the state legislature.

Pritzker acknowledged that his 2020 budget was built on a tax structure that he still considered regressive and said he hoped to change that going forward.  

“Not only is our tax system unfair, it’s also inadequate to solve our long-term financial challenges,” he said. “Make no bones about it, I choose to stand up for working families and will lead the charge to finally enact a fair tax system in Illinois.”

Cassie Creswell, a board member of public education advocacy group Raise Your Hand Action, said the budget address was a positive indicator of Pritzker’s support for revamping taxation, but feared “the rates that will be proposed to make it politically palatable won’t make it the rate we need to fund stuff in the state.”

interview time

Four candidates left make their case before commission for open Shelby County Schools board seat

PHOTO: Caroline Bauman
Interim school board candidate Aubrey Howard presents before the Shelby County Commission.

Four remaining candidates for a vacated Memphis school board seat had their chance to tell the Shelby County Commission why they are the right person for the job on Wednesday afternoon.

They were the remaining viable candidates after six applicants were disqualified for living outside of District 2, the area the interim board member will represent in Shelby County Schools. Chalkbeat reported on Monday that six of the candidates live outside of the district. The appointee will fill the seat Teresa Jones vacated following her recent appointment as a municipal court judge, and will serve until the term expires in August 2020.

The four applicants are (We’ve linked to their full applications.):

  • Erskine Gillespie, an account manager at the Lifeblood Mid-South Regional Blood Bank.
  • Althea Greene, a retired Memphis educator and pastor of Real Life Ministries.
  • Aubrey Howard, the executive director of governmental and legislative affairs in the Shelby County Trustee’s Office.
  • Charles McKinney, the Neville Frierson Bryan Chair of Africana Studies and associate professor of history at Rhodes College.

The interim member will join the school board at a crucial time, amid the search for a new superintendent to replace Dorsey Hopson, who left the district in December. Currently, Joris Ray is serving as interim superintendent.

Commissioners peppered the candidates with questions on big issues facing the district, including school choice, the budget process, managing the district’s aging buildings and underenrollment, and how they could improve the relationship between the district and the county commission, the funding body for schools.

In their pitches to commissioners, applicants touted their previous experiences with K-12 education, such as work with nonprofits and curriculum development, and their ties to Memphis schools. “I’m a product of Memphis schools,” was a phrase said again and again.

Most applicants expressed general support for charter schools, which have grown significantly in recent years in Memphis, but Gillespie said he believed “the influx of our charter school program is an issue that must be addressed.” McKinney sits on the board of a charter high school, and Greene and Howard said they had no issues with charter schools as a way to serve individual needs of students.

On the relationship with the county commission, Greene said: “I think it’s important that as a school board member, I’m at county commission meetings. And work as a bridge to educate children and give them the best education we can, and we know that costs money.”

Gillespie was asked by Commissioner Willie Brooks what he thinks of alternative schools, which serve students who have been expelled or suspended from traditional schools for behavioral reasons. There are several alternative schools in District 2.

“I think alternative schools are truly something necessary,” Gillespie said. “They can provide a trauma-informed response for our students.”

The questionnaire given to each candidate asked about TNReady, the state’s embattled testing system. Commissioner Michael Whaley, who chairs the education committee, asked Howard to expand on his answer that the test “didn’t work.”

“Those decisions about testing and teacher evaluations would be better met if they were local and not state controlled,” Howard replied. “For sure, the state wasted a huge amount of money with the companies they hired that failed us.”

Gillespie and McKinney described aging and often near-empty school buildings as a large issue facing the district. The interim board member would help analyze a massive district plan left by former superintendent Hopson that would consolidate 28 Memphis schools into 10 new buildings.

McKinney said the school board should be having regular conversations with the commission and the neighborhoods it serves on how demographic shifts have impacted the county, creating underenrollment in some schools.

“For the school board, those conversations need to be ongoing, so when it comes time to make a decision about whether or not to close a school, it’s not coming as a surprise,” McKinney said.

Three people from Memphis Lift, a parent advocacy group, spoke in support of McKinney. The group’s leader, Sarah Carpenter, said he’s been a consistent figure in her neighborhood of North Memphis.

Shelby County Commission
PHOTO: Caroline Bauman
Commissioner Willie Brooks (left) asked candidates about how they would work with the county commission.

“I’m tired of people coming to our community when they want a seat and we don’t see them anymore,” Carpenter said. “Our children’s lives are on the line.”

Commissioner Edmund Ford, himself a former teacher, said after the interviews he would like to see an educator on the board.

“There were a lot of things I saw as a teacher, when I would go to the school board to ask for their assistance, that I would not receive,” Ford said. “Personally, I would like to see someone who has been there and done that.”

After hearing from the candidates, the commission voted to move the item to its Monday meeting, where commissioners will vote on a successor.

For more details, see our Twitter thread from the hearing.