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State Board of Education members decided Thursday that two high schools are breaking state rules by sending students to college with money allocated for K-12 students.

After two days of emotional debate at the state board meeting, including tearful testimony from a Denver principal, board members ruled that the controversial programs in Denver and Sheridan shouldn’t be funded by state money.

“I’m not doing real good right now,” said Michael Poore, superintendent of the Sheridan School District, which has been sending students to college on the state’s dime.

But district leaders vowed Thursday that students currently going to community college through both programs – 74 students enrolled through Sheridan High and about 65 through Denver’s Abraham Lincoln High – will get to finish the college school year.

But it’s unclear where the money will come from to pay their tuition – unless both schools violate a 4-year-old state rule that says “fifth year” programs for high school students to attend college are illegal. The rule was upheld by Thursday’s 4-4 tie vote.

“I feel like I’m in mourning,” said Sheridan High counselor Marsha Caldwell. “I worry for the kids who are in the program now.”

Those kids include Jose Lovato, 18, in Arapahoe Community College.

“It’s what got me through high school,” he said. “My parents and I don’t have enough money to go to college, not even community college.” He said Sheridan’s program, which requires students to keep a 3.25 grade- point average, also gave him an incentive to keep his grades up.

At issue in this debate is how a high school senior is defined. Interpreted literally, state law guarantees a kindergarten-to- 12th- grade education to any student up to age 21.

Principals at both high schools have been allowing graduating students to delay actually receiving their diplomas so that they are still classified as high-schoolers. College tuition then is paid by per-pupil state funding the schools receive.

“I’m disappointed, but the issue is still out there,” said Lincoln principal Scott Mendelsberg, who spoke passionately in earlier testimony. “Sooner or later, someone will figure out that something this good for kids will be allowed.”

The state board members who voted against changing the rules said they support programs that send kids to college, but want the legislature to define the law.

Lawmakers, some of whom attended the meetings, promised to introduce legislation next year that would find a way to keep the programs afloat.

Programs like this were more common before 2001, when state board members – responding to a state audit – passed a rule that disallowed “fifth year” programs.

Many of today’s board members weren’t there then, those in favor of a rule change noted Thursday.

“There is no legislation that forbids these programs,” said board member Jared Polis. By not changing this rule, “the board is usurping graduation requirements from districts.”

Both districts must now decide whether to count the college students as high-schoolers on the Oct. 1 federal student count day. Designating college students as high-schoolers would violate the state rule.

If the two high school principals don’t count the college students in October, they’ll lose their per-pupil funding for those students. In Denver, that’s roughly $6,600 a person, and in Sheridan, it’s about $5,700 a person.

“Do we count the kids?” Denver Public Schools lawyer Mary Ellen McEldowney said after the hearing. She said she would go to the school board and the superintendent for a decision.

State board member Rico Munn, who voted for a rule change, said the state is baiting districts to break the rules in order to fund their students.

“It’s inviting a cat-and-mouse game that … may not be healthy,” he said. “I tried to fix that.”

Staff writer Allison Sherry can be reached at 303-820-1377 or asherry@denverpost.com.

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