No thanks

Diet Nope: Colorado’s large districts still keeping diet soda out of high schools

After a state rule change last fall that allowed Colorado high schools to sell diet soda after a seven-year ban, many of the state’s big school districts have decided to stay soda-free.

Officials in six of Colorado’s 10 largest districts — Denver, Douglas County, Cherry Creek, Boulder Valley, Poudre and Colorado Springs 11 — say there are no plans to allow diet soda sales.

In some cases, such as Boulder, the district’s existing wellness policy already bans the soft drinks. In others, such as Poudre, the superintendent’s cabinet made the decision in the fall. In Denver, the district’s Health Advisory Council has recommended a continued prohibition of diet soda, but the school board hasn’t voted on the recommendation yet.

“We really commend the districts that are strengthening their own policies to continue to disallow diet soda,” said Sarah Kurz, vice president of policy and communications for the advocacy group LiveWell Colorado.

Three of the 10 largest districts — Aurora, Jeffco and Adams 12 — haven’t decided yet whether to bring back diet soda. Adams 12 officials say they’re gathering feedback from the district’s health advisory committee, 42 school wellness committees and all building principals. When that process is complete, any proposed changes will go through a policy-making process that ends with a recommendation to the superintendent.

Jeffco administrators say they’ll also collect data and public input before deciding whether to update the district’s wellness policy to ban diet soda. Aurora officials said there’s no timeline for a decision.

The St. Vrain district was the only one that declined to provide information about its diet soda plans.

“At this time, St. Vrain Valley Schools has no comment regarding this topic,” spokesman Matthew Wiggins wrote via email.

The diet soda issue popped up last summer shortly after new federal rules came out governing certain types of school food. Under those rules, diet soda can be sold to high-schoolers from vending machines and school stores. Colorado’s stricter rules — in place since 2009 — ban all types of soda in schools.

But officials at the state education department who brought the proposed rule change to the State Board of Education said the change would better align state and federal rules and reduce schools’ regulatory burden. Regular soda is still banned in schools because it exceeds maximum calorie limits under both sets of rules.

In August, and again in September, the State Board of Education voted 4-3 along party lines to change Colorado’s “Healthy Beverage Policy” and allow diet soda in high schools. Republican members in favor of the rule change said the seven-year ban hadn’t cut obesity and that it’s the job of parents not schools to ensure kids make healthy choices.

A coalition of health groups, including LiveWell Colorado, lamented the decision, arguing that diet soda has no nutritional value, harms teeth and diverts students from drinking healthier beverages like water.

Kurz said with the recent change in the state board’s composition — Democrats now hold a majority — it’s possible a vote now would go in favor of a diet soda ban. Still, with lots of big education issues looming, she doesn’t expect the board to take up the issue again.

red zone

Traffic pollution: an invisible health risk for dozens of Denver schools

PHOTO: Google Maps - Street View
Interstate 70 is clearly visible from the playground outside Swansea Elementary School in Denver.

Just a few hundred feet from the front doors of Highline Academy Charter School’s southeast Denver campus is Interstate 25, where more than 200,000 vehicles rush by each day.

At Swansea Elementary School in north Denver, kids frolic near the busy Interstate 70 overpass that abuts the playground. Three miles west, at a charter school called STRIVE Prep – Sunnyside, the same highway looms just past a chain link fence next to the school.

The three schools are among 29 in Denver Public Schools — 10 of them charters — that sit near high-traffic roads and the invisible air pollution those routes generate daily. Experts say such pollution can stunt lung development, aggravate asthma and contribute to heart disease, but there’s little public awareness about the problem and mitigation efforts are sparse.

A new online mapping tool, part of a joint investigative project by two nonprofit news organizations, the Center for Public Integrity and Reveal, puts the issue in stark relief. Residents across Colorado and the nation can easily check which schools fall into red zones where traffic volume, and the accompanying air pollution, is worst, and orange zones where traffic volume is lower, but still potentially problematic for kids and staff who may spend long hours at their schools.

PHOTO: Center for Public Integrity and Reveal
This screen shot of the mapping tool shows Highline Academy’s proximity to Interstate 25 with a blue pin.

The Center for Public Integrity provided Chalkbeat with raw data for schools with Denver addresses. While most were DPS schools, a couple dozen were schools in neighboring districts, including Cherry Creek, Aurora, Westminster, Mapleton, Sheridan and Jefferson County.

Eleven DPS schools — educating more than 8,000 students — fell into the red zone, which means they sit within 500 feet of roads carrying more than 30,000 vehicles a day on average. Those include charters such as Highline and Strive Prep – Sunnyside, and traditional public schools such as Swansea and Steele elementaries and George Washington, Lincoln and East high schools.

Another 18 district schools, plus one in the Cherry Creek district and one in the Adams 12 district, fall into the orange zone, which includes schools that are within 500 feet of roads carrying more than 10,000 vehicles and more than 500 trucks daily. The 18 DPS schools include two additional STRIVE – Prep locations, two schools inside the downtown administration building and the district’s magnet school for students designated as highly gifted: Polaris at Ebert Elementary.

DPS officials say air pollution resulting from schools’ proximity to busy roadways hasn’t been discussed previously and that mitigation measures — such as high-grade air filters — aren’t in place at most affected schools.

“We haven’t had this conversation before,” said district spokeswoman Alex Renteria.

Sometimes schools end up near busy roadways because that’s where districts can buy cheap land. But population growth, development trends and major transportation projects can also dramatically change the fabric of a school neighborhood. Swansea Elementary, for example, was built in 1957, before I-70 sliced through north Denver in the 1960s.

The problem of traffic-related air pollution near schools is not exclusive to big cities like Denver. It can be found in suburban and rural areas around the state and the rest of the country. Many school districts across Colorado — from Montrose to Steamboat Springs to Greeley — have at least one school within 500 feet of high-traffic routes.

Charters harder hit

The investigation by the Center for Public Integrity and Reveal, which looked at trends nationwide, found that charter schools are more likely than traditional public schools to be located close to busy roads.
That’s true in Denver, where 22 percent of the district’s charter schools were located near a busy road during the 2014-15 school year, compared to 13 percent of other district schools. Nationwide, about 9 percent of schools are near busy roads, according to the analysis.

Officials at the most impacted Denver charter schools had little to say about the issue of traffic pollution.

Christine Ferris, executive director of Highline Academy, wrote in an email: “We can’t really do much about our location and although it would be obvious to anyone who visits us, having the information highlighted on Chalkbeat isn’t my favorite idea.”

She canceled a subsequent interview with Chalkbeat.

Chyrise Harris, senior director of communications and marketing for the STRIVE Prep charter group, said via email, “STRIVE Prep operates all of its schools in district facilities and works collaboratively with the district to ensure that all students, regardless of where they live, have access to a safe, high quality school near them.”

Jessica Johnson, general counsel and director of policy for the Colorado League of Charter Schools, said in growing cities like Denver there’s limited inventory when it comes to school sites. Charter schools may end up along high-traffic routes because that’s where the chartering district has vacant space and also because such roads provide needed proximity to bus or train stops.

Of the 10 Denver charter schools near busy roads, seven are in district-owned buildings. The three that aren’t are Highline, Cesar Chavez Academy and Justice High School.

While Johnson said being close to busy roads is a fact of life for urban charter schools, she noted the impact of traffic-related air pollution is an important health and wellness issue — one that hasn’t been on the charter community’s radar.

“This isn’t an issue that we’ve seen a lot of research into locally or a lot of conversation on,” she said.

Mitigation measures

Vehicle exhaust contains a variety of harmful components, including small particles, carbon monoxide and carcinogenic compounds. While outdoor areas like school playgrounds and sports fields pose an obvious risk, the air inside buildings can suffer, too, because particles, vapors and gases often seep inside.
High-grade air filters — those rated MERV 16 — can make a big difference. According to the Center for Public Integrity and Reveal investigation, MERV 16 filters installed in California schools caught about 90 percent of fine and ultrafine particles, which are key contributors to traffic-related health problems.

Denver schools use lower-grade filters, those rated either MERV 8 or MERV 10, according to district officials.

Air-conditioning can also help somewhat, allowing schools to keep some pollution at bay by shutting doors and windows in hot weather. Of the 29 DPS schools most impacted by roadway pollution, only four don’t have at least partial air-conditioning. Those are Valverde and Steele elementaries, Polaris at Ebert Elementary and STRIVE Prep – Sunnyside. While a handful of the 29 schools will get additional air-conditioning with funds from Denver’s recent voter-approved bond, those four are not on the list.

Swansea Elementary, the second most impacted Denver school after the southeast Highline Academy location, will be getting short-term and likely longer-term relief from traffic pollution.

Renteria said as part of a project underway now, the school is getting a new heating, ventilation and air-conditioning system that will include MERV 16 filters. It will also get new doors and windows.

Additionally, a planned highway widening project will convert the current overpass next to Swansea to a covered below-grade route. Research from the Environmental Protection Agency suggests vehicle emissions are lower near below-grade roads with steep walls. The same is true for routes with certain kinds of sound barriers or roadside vegetation.

The city will monitor air quality on Swansea’s grounds during and after construction.

Here is the list of schools classified as “red” or “orange:”

Red Zone Schools

SCHOOL DISTRICT CHARTER STATUS
Highline Academy (southeast) Denver charter
Swansea Elementary School Denver
STRIVE PREP – Sunnyside Denver charter
Compassion Road Academy Denver
Steele Elementary School Denver
George Washington High School Denver
Respect Academy at Lincoln Denver
Abraham Lincoln High School Denver
College View Elementary School Denver
Valverde Elementary School Denver
East High School Denver

These “red zone” schools are within 500 feet of roads carrying more than 30,000 vehicles a day on average.

Orange Zone Schools

SCHOOL DISTRICT CHARTER STATUS
STRIVE Prep – Federal Denver charter
Columbian Elementary School Denver
Denver Center for International Studies Denver
Colfax Elementary School Denver
Cheltenham Elementary School Denver
The Odyssey School Denver charter
Contemporary Learning Academy Denver
STRIVE Prep – Ruby Hill Denver charter
Cesar Chavez Academy Denver charter
Girls Athletic Leadership School Denver charter
Bruce Randolph School Denver
Downtown Denver Expeditionary School Denver charter
Emily Griffith Technical College Denver
Dora Moore ECE-8 School Denver
Justice High School Denver charter
Polaris at Ebert Elementary School Denver
Bromwell Elementary School Denver
Rocky Mountain School of Expeditionary Learning Denver charter
Challenge School Cherry Creek
North Star Elementary School Adams 12

These “orange zone” schools are within 500 feet of roads carrying more than 10,000 vehicles a day and more than 500 trucks on average.

SCOTUS on IDEA

U.S. Supreme Court, in landmark decision, strengthens rights for students with disabilities

In a landmark decision, the U.S. Supreme Court on Wednesday better defined the federal standard public schools must meet for its special education students.

Students with learning disabilities are due “appropriately ambitious” education plans that ensure they will advance through public schools similarly to other students, a unanimous court said.

The court’s decision stems from a lawsuit filed by a suburban Denver family who enrolled their son, known as Endrew F. in court documents, in a private school after they felt the Douglas County School District failed their son, who was diagnosed with autism and attention deficit/hyperactive disorder.

The family sued the district seeking reimbursement for the private school’s tuition, arguing their son was due a “free appropriate public education” as required by the 1975 Individuals with Disabilities Education Act.

The school district argued it met the minimum standard in the federal law that defines the rights of special education students.

While the state education department and lower courts agreed with the school district, Chief Justice John Roberts, who wrote the court’s opinion, did not.

“When all is said and done, a student offered an educational program providing merely more than ‘de minimis’ progress from year to year can hardly be said to have been offered an education at all,” Roberts wrote.

Federal law, he continued, “requires an educational program reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The decision stops short of defining what progress should look like. Instead, that should depend on each student, the court said.

In a statement, the Douglas County School District said it was confident the district was already meeting the higher standard and would prove so when a lower court takes up the Endrew F. case again.

“The Court did not hold that Douglas County School District failed to meet the new standard, or say that DCSD can’t proceed to prove that it met that standard,” said Douglas County School District Legal Counsel William Trachman in a statement. “Indeed, in this case, the Douglas County School District offered an appropriate Individualized Education Plan and we look forward to proving to the lower courts that the IEP meets the new, higher standard.”

The Colorado Department of Education also released a statement:

“The Colorado Department of Education is firmly committed to providing quality educational opportunities to students with disabilities.  We are pleased to see the that the Supreme Court’s decision seems to give greater clarity by saying an Individualized Education Program  must be ‘reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.’  We also appreciate the Court’s reminder that courts must defer to the expertise and judgment of school officials.”

The department will not take a position when the Tenth Circuit Court retries the case in light of the Supreme Court’s clarification of the legal standard.