Final
STAFF SUMMARY OF MEETING

COMMITTEE ON JOINT EDUCATION

Date:03/07/2012
ATTENDANCE
Time:09:05 AM to 09:56 AM
Beezley
Hamner
Place:HCR 0112
Heath
Holbert
This Meeting was called to order by
Hudak
Representative Massey
Johnston
Joshi
This Report was prepared by
Kerr A.
Jennifer Thomsen
King K.
Murray
Peniston
Ramirez
Renfroe
Schafer S.
Solano
Spence
Summers
Todd
Bacon
Massey
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Charter School & Authorizer Standards Review Committee-


09:05 AM -- Presentation of Charter School and Charter School Authorizer Standards Review Committee (1412 Committee) Recommendations

Representative Massey called the meeting to order and welcomed the presenters: Vinny Badolato, Colorado League of Charter Schools (CLCS); Alex Medler, National Association of Charter School Authorizers (NACSA); and Jane Urschel and Michelle Murphy, Colorado Association of School Boards (CASB). The presenters came to the table to present the recommendations of the Charter School and Charter School Authorizer Standards Review Committee (1412 Committee). They provided a packet of handouts (Attachment A). The handouts are also available on the Colorado Department of Education (CDE) website at: http://www.cde.state.co.us/cdechart/HB10-1412.htm and on the CLCS website at: https://www.coloradoleague.org/uploaded-files/1412_Report_Web.pdf.

Attachment A can be viewed at State Archives

Mr. Badolato began the presentation, discussing the creation and purpose of the 1412 Committee.









09:10 AM

Mr. Medler, who served on the 1412 Committee, provided information about the committee's discussions and its work process. He explained that the 1412 Committee's report (see attachment A or https://www.coloradoleague.org/uploaded-files/1412_Report_Web.pdf) reflects items that were agreed upon by the committee, and more controversial items were tabled. Mr. Medler noted that there are, in many cases, existing rules and laws around many of the issues the 1412 Committee discussed, and in those cases, the committee simply reiterated that the existing laws and rules should be applied.

Mr. Medler explained that the 1412 Committee was made up of a group of people with wide-ranging perspectives, including charter school board members, school district board members, teachers, parents, and CDE staff, among others.


09:14 AM

Dr. Urschel made brief remarks about the origin of the 1412 Committee. Ms. Murphy commented on the collaborative nature of the conversations, and said CLCS has received a grant that is being used to help school districts implement the 1412 Committee's recommendations. She said the 1412 Committee focused on learning where resources reside and how to help districts that are not willing and/or not equipped to be good authorizers. Ms. Murphy said districts and administrators who had a seat at the table were impressed with the CLCS's willingness to work with districts to ensure that charter schools offer high-quality options for students.

Dr. Urschel explained that the State Board of Education (SBE) has adopted rules that are the first step in ensuring better charter schools and better authorizers.


09:19 AM

Mr. Badolato talked about the model documents prepared by CLCS and the Charter School Institute (CSI) to assist charter applicants and authorizers, which include sample renewal frameworks and sample contract language, among others (for a complete list, see page 10 of the 1412 Committee report included in Attachment A or on the internet here: https://www.coloradoleague.org/uploaded-files/1412_Report_Web.pdf).

Senator Hudak asked about the appeals process and whether the 1412 Committee identified best practices on this issue. Mr. Medler responded, saying NACSA's Principles & Standards for Quality Charter School Authorizing do address the issue to some extent (see Attachment A or go to http://www.qualitycharters.org/policy/principles-and-standards). Dr. Urschel responded to the question as well, saying CASB believes that if districts implement the 1412 Committee recommendations, the SBE may give some deference to authorizing districts. Follow-up conversation on this issue ensued, with Mr. Medler weighing in as well.














09:26 AM

Senator Hudak said some districts have denied charter applications due to the impact of the charter school on the school district budget, and she asked whether that issue is addressed in the Principles & Standards document. Mr. Medler responded, saying there was nothing near consensus on the issue of how a charter school impacts a district budget or the state budget.

Speaking to Senator Hudak's earlier questions around the appeals process, Mr. Badolato commented that the appeals process is one of the pillars of charter school law, and it drives the high-quality of charter schools in Colorado. He said charter schools in Colorado outperform charter schools in the rest of the country, and noted that the interest of the community is taken into account in the appeals process. Finally, he spoke to the idea that districts are at a disadvantage in the appeals process, noting that decisions are split about 50/50 between decisions in favor of districts and decisions in favor of charter schools.

Mr. Medler said NACSA has begun a study of appeals processes around the country, and noted that Colorado's appeals process is better than many around the nation. He said NACSA wants to clarify expectations that are reasonable and clear.


09:31 AM

Representative Holbert asked about the charter application process, saying that in some districts the process is complicated and seems to be designed for denial. Mr. Medler responded, saying the role of the authorizer is to determine whether the charter applicant is a viable one. He further stated that helping an applicant improve a weak charter application should not necessarily be the role of the authorizer. Rather, he said, the CLCS, CSI, or CDE can help in that way. Mr. Badolato said there should be a person in the district to respond to questions and provide information about what the authorizer is looking for, and some authorizers do that very well, while others do not do that at all. He noted that the CLCS has a robust new school development program that walks applicants through the entire application process. He explained that a bill currently making its way through the legislative process seeks to implement the 1412 Committee recommendations on this issue. Mr. Badolato explained the scoring rubric that is used in the decision-making process.


09:36 AM

Dr. Urschel responded to Representative Holbert's question as well, saying most districts realize that charter schools are here to stay, and it is in everyone's best interest to make sure that best practices are being followed.

Senator Johnston asked about the process around closing a charter school and the relationship between the local school district board of education and the SBE. He said it should be as easy to close an unsuccessful charter school as it is to open a charter school. He commented on the charter landscape in Denver Public Schools (DPS), talking about the process of closing district schools versus the process of closing charter schools. He asked for information about the closure process, and asked how the local board/SBE dynamic can be managed. Mr. Badolato responded, explaining how the appeals process works, and explaining that there are two opportunities for an appeal. He spoke to the DPS example cited by Senator Johnston, talking about the process used by the local board in that instance. He reiterated that the CLCS wants high quality charter schools, and agrees that low-performing schools should be closed when appropriate.








09:43 AM

Dr. Urschel responded to Senator Johnston's question about the roles of the local district board and the SBE, saying there is not currently a good balance. She spoke to the DPS situation. Ms. Murphy reiterated that the SBE is the last word, and she discussed the "arbitrary and capricious" standard that is used. She said the DPS situation is an example of what is wrong with the process. Mr. Medler spoke to the issue as well, talking about two cases in DPS that involved a phase-out closure process. He reiterated Mr. Badolato's comments about the questions raised in DPS. He talked about the issues faced by charters that go through a phase-out closure process. Dr. Urschel noted that House Bill 12-1225, which is currently making its way through the legislative process, speaks to the issue of appeals.


09:48 AM

Senator Hudak expressed concern about using performance as the sole reason to close a charter school, noting that some charter schools serve a population of students who are difficult to serve. She noted that some charter schools do not meet the criteria to be an alternative education campus (AEC), so they might not look good on paper. Mr. Badolato responded, saying the state is still learning how to tailor performance and funding to different types of schools that serve different types of students. He said policy decisions need to be made about proxies for at-risk, how at-risk students are funded, and the performance measures that apply to those students. Mr. Medler said the Principles & Standards for Quality Charter School Authorizing advocates for more than a sole measure of performance. He talked about how DPS addresses these issues, saying quality standards are needed for traditional schools and AECs. Senator Johnston commented on the DPS situation again, and said CLCS is cultivating high-performing schools and culling low-performing schools. Finally, he commented on the role of the local board of education versus the SBE.


09:56 AM

Representative Massey thanked the presenters and the committee adjourned.