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“Innovation” DPS schools not getting autonomy required by law, attorney says

Jeremy P. Meyer of The Denver Post.
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Denver Public Schools is not following the spirit of a 2008 law that gives traditional public schools charter-like autonomy on budgeting, staffing and contracting services, according to a Denver attorney.

Denver lawyer Kara Lawrence in a May 12 letter says three DPS schools that have innovation standing — Manual High, Montclair elementary and Cole K-8 — should pursue legal recourse if fixes aren’t made.

Lawrence was hired by an undisclosed person to examine how DPS is navigating the new statute.

In her letter, Lawrence says the district has breached terms of the law and “students are being irreparably damaged.”

Under the law, innovation schools are supposed to get greater autonomy and flexibility in academic and operational decision-making. The act allows schools and districts to opt out of some state laws and collective bargaining agreements.

But Lawrence said DPS has failed to give the schools their annual budget allocations in a timely manner, and the district has delayed or denied schools’ requests to hire part-time or contract staff.

“There are absolutely no legal issues here. Period. Zero,” said DPS Superintendent Tom Boasberg. “It’s not worth the paper that it is printed on. It’s a joke.”

Boasberg said he helped write the innovation law and also worked with schools to produce their innovation proposals.

He said there are small disagreements on a few budgetary matters.

“The exceptions are where there are important health and safety issues,” Boasberg said, adding that some funds cannot be divided on a per-pupil basis — such as federal Title 1 spending or grant money.

Montclair principal Shannon Hagerman testified before the State Board of Education recently, saying that the innovation status has helped her school with hiring and scheduling but that there are still problems with the budget.

“We need to come to a common understanding on what schools with innovation status should have budgetary control over,” she said.

Manual’s outgoing principal, Rob Stein, has been the most vocal about the problems. He said he has had to lay off staff while waiting for budgetary decisions from the district — specifically over contracting for services.

DPS board member Theresa Peña said these types of issues will get worked out as the process gets smoother.

Jeremy P. Meyer: 303-954-1367 or jpmeyer@denverpost.com

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