COLORADO STATE BOARD APPEALS EDUCATION FUNDING DECISION TO STATE SUPREME COURT — The Colorado State Board of Education will appeal to the state Supreme Court a recent district court ruling that holds the state’s school funding formula is unconstitutional. The board made the decision on a 4-3 vote. In December, state District Court Judge Sheila Rappaport ruled in Lobato v. State of Colorado that the state’s education system does not provide adequate funding for a “thorough and uniform” system of public education. The board decision followed Gov. John Hickenlooper’s announcement that the state will also appeal the ruling by almost a week. In a release, he said the decision did not provide guidance about how to resolve the problem, and therefore required an appeal. Speculation by some is that appeals could delay the case in the courts for an additional year and keep lawmakers from having to create a new education funding system during the 2012 session. Sources: Colorado State Department of Education press release (12/27/11), Denver Post (12/27/11), EdNews Colorado (12/21/11)

MAINE BOARD APPOINTS CHARTER SCHOOL COMMISSION — The Maine State Board of Education appointed the members of the new State Charter School Commission in accordance with last year’s law authorizing charter schools there for the first time. The commission, composed of 3 state board members and four members appointed by the board, can authorize 10 schools in the next decade, but local boards can also approve charters. Before the first schools can open this July, the state education department must first craft rules that guide the law’s implementation. The commission will meet for the first time on January 10. Source: freepressonline (12/22/11)

7 STATES SHARE $200 MILLION IN RTTT FUNDING TO FOCUS ON STEM — Seven states – Arizona, Colorado, Illinois, Kentucky, Louisiana, New Jersey, and Pennsylvania – will share $200 million in Race to the Top funding to further specified education reforms and to boost science, technology, engineering, and mathematics (STEM) education in their states. The seven states were part of nine finalists under the Race to the Top program eligible to apply for the funding. The other two finalists either submitted an incomplete application (California) or did not meet maintenance of effort requirements (South Carolina). The grantees must continue to: adopt and implement college-and-career-ready standards and assessments aligned to those standards; build comprehensive statewide longitudinal data systems; recruit, develop, reward, and retain effective teachers and principals and ensure they are placed in high-need areas; and turnaround persistently low-performing schools. The grants range from $12 million to $49 million, depending on the state’s school-age population. Source: U.S. Department of Education press release (12/23/11)

TENNESSEE STATE BOARD STRUGGLES TO KEEP STAFF — According to an article in the Tennessean, the Tennessee State Board of Education is having trouble retaining staff members because of pay restrictions. State board Executive Director Gary Nixon told the newspaper his employees have not received pay raises since 2004, making the pay for positions including board counsel and research associate uncompetitive. The board asked the state to approve raises last fall, but it was denied. Source: Tennessean (1/4/12)

NORTH CAROLINA LEGISLATURE OVERRIDES VETO OF TEACHER DUES BILL — After considerable legislative maneuvering and a vote at 1:12 a.m., North Carolina House Republicans were finally able to muster the votes needed to override Gov. Bev Perdue’s veto of a measure that ends the N.C. Association of Educators’ (NCAE) ability to deduct dues from teachers’ paychecks. The Senate voted to override in July.  The highly partisan special session brought numerous charges of broken promises, unconstitutional actions, and political horse-trading.  The House majority leader said “state government should not be collecting money for a political purpose. We ought to keep politics and education separate.” Democrats countered by saying the law was clearly payback for the NCAE’s efforts against Republican candidates and cuts to education. An NCAE attorney said the group would sue to have the House vote overturned on procedural grounds and because it singled out the teachers’ organization for retribution. Sources: Greensboro News-Record (1/5/12), Raleigh News and Observer (1/5/12), Winston-Salem Journal (1/5/12)

NEW YORK DISTRICTS MAY LOSE $100+ MILLION OVER FAILURE TO IMPLEMENT TEACHER EVALUATIONS — Ten New York school districts may lose more than $100 million in federal School Improvement Grants (SIG) because they did not implement the state’s new teacher evaluation system by Dec. 31. Education Commissioner John King previously warned the districts as the deadline approached, but when deals could not be reached he suspended the issuance of grant funds. While King has the authority to suspend issuance of the grants, he cannot cancel them outright. That requires a hearing, which could buy more time for the districts to reach agreements with their union locals. The districts, which include the state’s largest systems, may also lose the chance to share in Race to the Top and Teacher Incentive Fund awards. New York City alone may miss out on $60 million in SIG, plus another $78 million in other monies. The districts all submitted applications for the funds, but receipt was conditional on their ability to execute their commitments to reach agreements with their respective teachers’ unions on evaluation implementation. Sources: New York State Education Department press releases (12/27, 12/30/11, 1/3/12), New York Times (12/30/11), New York Daily News (12/30, 12/31/11)

ARIZONA JUDGE RULES TUCSON’S ETHNIC-STUDIES PROGRAM ILLEGAL — According to a ruling from an Arizona administrative judge, the Tucson Unified School District’s Mexican American studies program violates a recent law barring classes that “promote resentment toward(s) a race or class of people.” The ruling followed Tucson’s appeal of state Superintendent John Huppenthal’s June decision that the program was in violation. Huppenthal can take action against the district if it does not come into compliance with the law, including a reduction or withholding of state funds. However, it is likely that any action taken will be challenged in court. Alongside this court proceeding, a group of teachers and students challenged the constitutionality of the Arizona law in federal court, asking for an injunction against the implementation of the law. Huppenthal submitted a motion to dismiss the case entirely. Source: Los Angeles Times (12/27/11)

LOUISIANA APPEALS ED WAIVERS DECISION TO STATE SUPREME COURT — Louisiana’s attorney general is appealing a state district court decision that strikes down the Red Tape Reduction and Local Empowerment Act, which allows the Louisiana State Board of Elementary and Secondary Education (BESE) to grant waivers from some laws to local school districts. The law’s intent is to provide more flexibility to school districts to increase student achievement and ensure successful academic outcomes. The Louisiana Federation of Teachers challenged the law, arguing it is an unconstitutional delegation of authority to the BESE. The state contends that BESE is the designated constitutional authority over education and as such has the power to grant waivers as assigned by existing state law. Source: (Baton Rouge) Advocate (1/5/12)

SUBURBAN KC DISTRICTS SEEK CLARITY ON STUDENT TRANSFERS FROM UNACCRETITED KANSAS CITY SCHOOLS — Six Kansas City area schools districts were denied an injunction that would have temporarily prevented students from the unaccredited Kansas City school district from transferring to their schools. This past fall, the Missouri State Board of Education stripped Kansas City Public Schools of its accreditation effective Jan. 1. Under state law, the district is responsible for covering the tuition and transportation costs of students who wish to transfer to a district with accreditation. The Kansas City school district announced it would pay tuition and transportation costs to three neighboring districts for students that attended its public schools for at least two full semesters. These three districts and an additional three nearby then filed the lawsuit to stop transfers while coming to an agreement about how much and in what way Kansas City Public Schools will pay. Meanwhile, Kansas City Mayor Sly James has requested the authority from the state to take over the school system by appointing key executives and replacing the school board with an appointed advisory board.

The state law is also the focus of an ongoing St. Louis lawsuit, with the next phase set to begin in March. The state board has not made a decision about who will be placed in charge of that troubled district. Sources: News Tribune (Jefferson City) (12/23/11), Huffington Post (12/28/11), Kansas City Star (12/30/11, 1/4/12)

ABOUT 350 NEW JERSEY LOCAL BOARD MEMBERS TO RESIGN BECAUSE OF FAILURE TO COMPLY WITH BACKGROUND CHECK LAW — According to the New Jersey Department of Education, approximately 350 local school board members and charter school trustees statewide must quit their posts because they did not complete their mandatory criminal background checks by December 31. A state law passed in 2011 required the background checks, and school boards were notified of the mandate last summer and then again in December. Those who stay on their respective school boards despite missing the deadline could face criminal prosecution. The state is also releasing the names of the board members and their districts to the public. Source: Star-Ledger (1/5/12)