Squandering Colorado’s charter school legacy | OPINION

It’s rare legislation so clearly evidences the author’s disrespect for the reader, but that’s exactly what HB24-1363 does. The bill claims to be about “Charter Schools Accountability,” but is it?

Much to the chagrin of State Reps. Lorena Garcia and Tammy Story and state Sen. Lisa Cutter, Coloradans should be proud of the 30-year history of charter schools in the state. Charters schools exist in all four corners of the state and have brought innovation to communities that would have otherwise lacked a range of educational options. There are STEM schools and Montessori programs, schools that use the classical model and others focused on agricultural science. More than 280 charter schools across the state — and the number continues to grow each year — are an indication students benefit from options beyond their zoned school. Less than a threat to local school districts, charter schools’ increasing popularity confirms what all public school educators knew already: no single school can meet the needs of every student.

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Nevertheless, sponsors of HB24-1363 must think educators, parents and community members will either fail to read the bill’s provisions or are incapable of seeing it for what it is — a brazen attack on charter schools, the educators who operate them and the thousands of families that benefit from these schools.

The bill’s harms are legion, but some portions especially stand out. First, the bill irrationally allows a local school board to revoke a school’s charter, forcing it to close, if the district experiences declining enrollment. With all due respect to your favorite burger chain, this is like allowing McDonald’s to close a nearby Smashburger when McDonald’s foot traffic decreases. Moreover, what if the decrease is beyond any school’s control because of macro forces like overall population decline? Most states, including Colorado, are in a period of post-COVID public school enrollment decline. Charter schools should not be penalized when a surrounding school district is found wanting by parents.

Next, the proposed legislation would allow local school boards to contravene state law by imposing moratoria on the approval of new, district charter schools. The bill gives this power to districts that show a decrease in student enrollment in the most recent year or that project a decrease in the next three budget years. This provision would bring about tremendous uncertainty for new school leaders and the families interested in attending new charter schools. No one could have predicted the most recent three years of educational disruption, and it’s crazy to force charters to gaze into the district’s crystal ball to determine whether student enrollment will increase or decrease in the next 36 months. It’s likely the bill’s sponsors appreciate how untenable this situation would be and that’s exactly why they proposed it. Even the threat of this moratorium would have a chilling effect on new school creation, leaving communities across the state without access to new and better schools.

Finally, HB24-1363 “creates a process for community members to appeal a local board’s decision to approve a charter application.” That’s a strange way of saying “gives a heckler’s veto” to NIMBY neighbors. If community members oppose a new charter school, they are welcome to express their opinion during the application process. HB24-1363 would not only waste time but also crucial resources. Allowing citizen-led litigation necessarily takes time and risks delaying the start of school. In contrast, students do not get to appeal a year spent in a negative educational situation. Additionally, an appeals process would require both the charter school and the district to spend precious resources better used in classrooms.

HB24-1363 purports to be about charter school accountability; however, according to the Colorado Department of Education’s website, charter schools already have a number of “accountability” measures in place. Ultimately, every charter school is accountable to the students and families it serves. Student outcomes are the North Star to which charters aim. HB24-1363 is the flotsam designed to stifle and even end educational progress.

The proposed changes would have far-reaching consequences, jeopardizing the future of charter schools and squandering Colorado’s rich history of educational innovation. Past generations have built a rich educational inheritance for Colorado’s children — depriving students their bright futures would be a crime.

Shaka Mitchell is senior fellow at American Federation for Children