Tuesday, February 4, 2020

AV #205 - Colorado’s Oversight of Multi-District Online Charter Schools Falls Short

This is the introduction of AV #205 - pages 1-3
I am glad to send a copy, via email, of the full newsletter - 21 pages - upon request.
peterhdkpr@gmail.com




Case in Point: Byers School District and Colorado Education Solutions
 $17 million Each of Past Three Years – But Accountable? Transparent?

        Introduction – Two chief concerns–pp. 1-3
I.       Academic results–pp. 3-7
II.     Lack of transparency on finances–pp. 8-12
III.    My unanswered letters & calls to Byers and Colorado Education Solutions–pp. 13-16
         Addenda—pp. 17-21
It is the strangest arrangement I know of in our state – a small rural district - serving about 500 students, authorizing nine online multi-district charter schools, as it did in 2018-19.  The Byers School District 32-J has been funded the past three years for close to 3,000 students. Over 500 of those students attend the district’s two school buildings: Byers Elementary and Byers Junior-Senior High. The other 2,400 do not reside in Byers; they live across the state and enroll in Byers’ online charter schools.





From CDE reports, at Pupil Membership

2016-17
2017-18
2018-19
Byers Elementry & Byers Jr/Sr High
531 (39 pre-k)
549 (43 pre-k)
547 (49 pre-k)
Online
2,488
2,323 (130 half-day K)
2,369 (79 half-day K)*
Total Enrolled
3,019**
2,872**
2,916**
*Addendum A presents the complete enrollment at Byers’ 9 online charters last year. From CDE’s website.[i]
**Addendum B – At CDE’s website, “Public School Finance Act of 1994,” we see a slightly different set of enrollment figures (total of 2,889 in 16-17; 2,718 in 17-18; 2,766 in 18-19).[ii] The rest of this newsletter will use those numbers, as the district also uses these figures in its Adopted Budget.[iii]


In March 2007, shortly after completing his six years on the State Board of Education, Jared Polis, along with State Senator Nancy Spence, co-chaired the Online Education Task Force that produced the ONLINE EDUCATION INTERIM REPORT[iv]. By that time the online education option had existed for about a decade; online schools enrolled over 8,200 students in 2006-07. That report stated:
Accountability is at the front and center of reform efforts in education, and the task force agreed that, like all public schools, online schools must comply with appropriate procedures in the administration of public funds as well as with all applicable education, health, safety, and civil rights laws. Accountability for academic growth, operational accountability, and fiscal accountability are essential for ensuring high quality educational services, serving the public interest, and promoting the sector’s health. (Bold mine)
In 2018-19, of the 20,000 students enrolled in Colorado’s 49 online schools, over 16,600 were in 38 multidistrict online schools.[v] What follows is a case study of one multi-district online network. I have asked questions of the district authorizer and of the online network, but I have received no response.
Current policies are proving inadequate to allow for the proper oversight of these schools. It is time for a new Task Force, one that will explore how to ensure these schools are both accountable and transparent.  (Bold mine)
                                                   
The far majority of the funds the district receives from the state is sent to the network of the online schools, now known as Colorado Education Solutions.[vi] For example, according to the 2018-19 audit of the Byers School District, of the State Equalization funds that came to Byers last year ($19,767,771), the vast majority of that was then turned over to the network managing these nine schools ($17,450,639). On average, Byers has received and turned over roughly $17 million of taxpayer money to its online charter schools each of the past three years. 

       From the audits of the Byers School District[vii]
     (These figures are referred to throughout this newsletter.)

2016-17
2017-18
2018-19
State Equalization
$19,304,770
$18,501,386
$19,767,771
Allocated Revenue-Charter Schools
$16,964,804
$16,453,881
$17,450,639







2018-19 - Enrollment at the three other multi-district online charter schools: 6,722.
GOAL Academy (Falcon 49)
4,153
Hope On-Line (Douglas County)
2,041
TCA College Pathways (Academy 20)
528
2018-19 - Enrollment at 3 of the 22
multi-district online schools.
Education Reenvisioned BOCES
2,475
Col. Connections Academy (Mapleton)
2,270
AIM Global (Las Animas RE-1)
1,708

My study of the Byers’ online schools and the arrangement with Colorado Education Solutions should raise questions that go well beyond this one network. Add the 2018-19 enrollment at their nine schools to the 6,722 at the three other multi-district online schools (see box): we are talking about 9,000 students. And the 22 multi-district online schools that do not operate as charters enrolled another 10,000 students in 2018-19. Moreover, several issues I address here on the accountability and transparency of one network have been problematic for a number of our online schools for more than decade now. 





4 broader policy questions:
·      Does Colorado have the appropriate policies in statute that allow for sufficient state oversight of our online charter schools? That ensure accountability from both authorizers and their online charters?
     Last spring Colorado legislators passed and Gov. Jared Polis signed SB 129, Regulation of Online Schools, a key step towards greater accountability of this sector.[viii] I hope AV #205 reveals to policymakers concerned about these schools: there is still more to do.
·      What is the responsibility of the charter authorizer/the district when it oversees online schools serving students who are scattered across the state? How does the authorizer or the state ensure academic progress when most students in their online schools do not take the state assessments? [ix] (See Addendum E: Low Participation and/or Insufficient State Data from all nine of Byers’ online charters.)
·      What is the role of the state if the authorizer fails to
adequately oversee its online schools and demand sufficient transparency regarding how the state funds are spent?  
·      Do we need to reinstate the expectation that online charters—like brick and mortar charter schools—need to come up for a review every few years before earning a renewal?[x]

Again, while I focus on two areas regarding Byers’ online schools and the arrangement with Colorado Education Solutions, I present this merely as one example. The concerns transcend this one instance.

I.                    Academic results (pages 3-7)

A.                  Questions about how the district oversees its online charters:
·      As the authorizer, is the school board responsible for oversight of the quality of the education of students in its online schools? 
·      Upon seeing the disappointing academic results, how has the district handled its role as authorizer?   How carefully has the Byers School District and the Byers School Board tracked the academic performance of most students funded by the district—those students who attend its online schools?
·      Parent Excuses allow students to opt out of state assessments. But schools are required to help students meet the state standards. Last year the Byers School District reported 1,015 Parent Excuses (mostly from the online schools) for non-participation in the states’ English Language Arts test. Current policy allows for this. Are Byers’ online charter schools still accountable for demonstrating academic progress?

B.           Summarizes concerns that come from the just-released Online Summary Report (December 2019) produced by the Office of Blended and Online Learning at the Colorado Department of Education. Objective data—and terribly troubling. See “Five concerns regarding Byers’ online charter schools raised by this report,” pages 5-6. An added note here on one specific item in the report: the low graduation rates at many of the online schools.

The 4 districts with the lowest graduation rates in Colorado in 2018-19[xi]
Byers School District
59%
Englewood
50.4%
District 49 / Falcon
48.8%
Plateau Valley
46.1%
Here is an update, the 2019 results released by the state last month.
The graduation rate for Byers Junior-Senior High School (91%) was an impressive 10 points above the state average (81.1%), much as it was two years ago in 2016-17. In stark contrast, the graduation rate for Byers’ online schools was between 23-30 points below the state average.[xii] As a result, CDE reports the graduation rate for the Byers School District as among the lowest in the state.


II.                  Lack of transparency on finances (pages 7-11)

As shown above, $17 million a year in the Byers School District budget has come from the State Equalization fund the past three years, then redirected to the district’s online charter schools.
·      How does the Byers School District, as the charter authorizer, handle its responsibility to ensure financial transparency for how that $17 million is spent? 
·      How does the Byers School Board oversee how that $17 million is spent?
·      What does the district and school board ask of Colorado Education Solutions in terms of reports, presentations, audits? (NOTE: The 2018-19 audit for Colorado Education Solutions is not yet available.)  
·      Has Colorado Education Solutions, the network receiving this $17 million, been transparent in reporting how the money is spent? Does it follow Colorado law regarding Financial Transparency? In revealing the names of its board and key staff? In revealing who is paid and how much? (A related issue: Is the organization expected to follow the Open Meetings Requirements of the Colorado Sunshine Law? If so, does it?)



[ii] CDE’s Public School Finance Act of 1994 – Funding Summary - http://www.cde.state.co.us/cdefinance/sfdetails
[iii] Byers School District -Adopted Budget – 2017, 2018, 2019 - https://www.byers32j.k12.co.us/ourdistrict/businessoffice/financialtransparency/
[v]Where do Colorado’s online school students end up? Lawmakers want to know,” by Sandra Fish, March 4, 2019, Chalkbeat Colorado.https://www.chalkbeat.org/posts/co/2019/03/04/where-to-do-colorados-online-school-students-end-up-lawmakers-want-to-know/
[vi] Colorado Educations Solutions appears to be the new name of this network. Another term might be ColoradoEd (what we see at the website for several of these schools: https://coda.coloradoed.org/ and https://cova.coloradoed.org/). The network previously took the name Foundation Learning Colorado; the network’s audits for 2016-17 and 2017-18 are found under that name.
[viii] “Where do Colorado’s online school students end up? Lawmakers want to know,”
[ix] AUTHORIZER ASSURANCES –
VERIFYING ENROLLMENT, ATTENDANCE AND PARTICIPATION - PURSUANT TO 1 CCR 301-71-8.01 –
RULES FOR THE ADMINISTRATION, CERTIFICATION, AND OVERSIGHT OF COLORADO ONLINE PROGRAMS
Rule 8.01.01 of the Rules for the Administration, Certification and Oversight of Colorado Online Programs, 1-CCR 301-71, indicates for the 2015-16 school year and thereafter, authorizers must adopt policies tracking student enrollment, attendance, and participation as set forth in Rule 3.02.9 and may documents (sic) students’ attendance and participation in educational activities in a manner the authorizer deems appropriate to support student learning.  Acceptable forms of documentation include, but need not be limited to, assessment, orientation, and induction activities, in-person educational instruction; and synchronous and asynchronous internet-based educational activities.  (Bold mine.)
[x] When authorized by Adams 12 in its earlier existence, Colorado Virtual Academy needed to produce a renewal application -over 40 pages of information (Nov. 1, 2012) - see https://slidex.tips/download/covcs-inc-colorado-virtual-academy. To hold their online charters accountable, why shouldn’t authorizers again require such reporting and documentation?
[xii] Graduation rates – State, district, and individual schools in Byers*

2016-17
2017-18
2018-19
STATE AVERAGE
79
80.7
81.1
BYERS - District
59
58
59




Byers Jr.-Sr. High
91
84 (27/32)
91 (31/34)




Byers’ online schools:



·   Colorado Virtual Academy (COVA)
54**
50** (44/88)
51 (61/120)
·   Elevate Academy
54
59 (16/27)
54 (7/13)
·   Valiant Academy
38
47 (9/19)
58 (14/24)
    *Most numbers from Chalkbeat Colorado:

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