You are currently browsing comments. If you would like to return to the full story, you can read the full entry here: “Law firm: DPS violating Innovation Schools Act [Updated]”.
Law firm: DPS violating Innovation Schools Act [Updated]
Written by Nancy Mitchell on May 19th, 2010. | Copyright © EdNewsColorado.org
The Opinion, absent a legal proceeding to further its thrust, demonstrates an oddity in Colorado state law.
If the schools were to sue DPS, they would run into immunity statutes and rules of law which might expose them to the Weird Effect: they might have to pay for DPS’ defense fees and costs for having raised the issue and failed to find an effective venue for it. Whether in search of injunctive, declaratory or damages relief, the exposure haunts those who seek and write such worthy opinions and restricts the state populace from effecting its own laws.
This is a legislative flaw that I hope we will see addressed in years to come. Obviously it is important not to bankrupt a public entity over a single meritorious claim or issue — but at the same time there should be some effective and risk-free judicial mechanism whereby questions such as this can be raised — in an expeditious, non-threatening and truly diplomatic manner. Those who still question, with one hand tied behind their backs, whether public entities are in legal compliance or acting in a manner reasonably calculated to lead to success, are the precious few and consist mainly of pro se and pro bono participants putting their time and effort into that cause “for the principle of it.”
The awkward process itself demonstrates that when overly broad immunities apply, coupled with mandatory fee shifts to opponents, there is no inducement for public entities to comport with legal requirements nor to further the “spirit” of the law.
I would like to make this further comment, in reference to the following quote from Mr. Stein:
“We’ve got to work this out. If I’m wrong, I need to back off. But that is not what outside legal counsel is telling me … the district isn’t even telling me that, they’re just stalling.”
I never (that’s not ever) pay state or local taxes with the intention those funds will be paid out to outside legal counsel who stall, stonewall, ignore, diminish or otherwise dismiss claims. If the file has been sent to counsel, I expect an immediate or at least reasonably prompt response to any and all matters at issue, and by saying that I do not mean some boilerplate nonsense that effectively lets the inquirer know he or she is asking a stupid question or does not deserve a thoroughly reasoned and reasonable reply, consistent with not only the legal requirements and “spirit” of the community thereby expressed but also the campaign promises and implicit warranties made by those serving in office.
There is absolutely no excuse for any public entity to “stall,” but especially not through private counsel who are not themselves subject to recall. This particular element of “the way it’s done in Denver” is insulting to the populace and demeaning to the children who are supposed to be the actual target of our funds.
[...] Isaacson Rosenbaum attorney Cara Lawrence drafted a legal opinion for three school principals declaring that Denver Public Schools is in violation of the state Innovation Schools Act because district leaders have refused to cede control of budget and staffing, reports Nancy Mitchell from Education News Colorado. [...]
Here’s my take. I’m not a fan of the Innovation Schools Act, but it’s the law, and we have to comply. There are deep systemic inefficiencies at DPS, and pushing for accountability at the district level from the top down is something everyone can get behind. If there are obstacles that cause innovation schools to operate efficiently, you can bet your last dollar that the same culture is an obstacle to the traditional neighborhood school.
As long as we keep mollycoddling the central administration, we will always have these problems. So let’s stop lamenting the philosophical split on the board. Instead, help us push for transparency and accountability that will make these obstacles a thing of the past. It’s good for ALL schools.
Innovation does not mean that principals can operate without oversight. Otherwise you have a situation like at Kunsmiller where it has been a fiasco this year. Children have gone without remedial services, basic security concerns are ignored. The school is run like a medieval monarchy. I think parents are duped into believing that it will be more individualized but in reality, it is all about the principal’s public image.
[...] Today Nancy Mitchell of Ed News Colorado reports that three principals in Denver Public Schools have obtained legal counsel to evaluate what DPS is legally obligated to deliver to their schools under the School Innovations Act of 2008. (Mitchell's story can be read here.) [...]
[...] course, even the best education reform ideas encounter problems being put into action. As Education News Colorado reported last week, Colorado’s first three innovation schools (all based in the city of Denver — Manual [...]
Cynthia, I’d like to hear more. Would you contact me offline?
Good for you, Andrea.
Your eyebrows would have hit your hairline if you had interviewed some of the classified workers in certain DPS departments, “way back when” complaints were made several years ago. Instead, confused and offended people have to live with what they lost and also with what they witnessed at the workplace — which in many instances collided with expressed collective values of taxpaying public, worker and employer — while having to read laudatory comments about the purportedly sweeping reforms and accomplishments of that employer and its leaders.
The non-process whereby voices are stilled before they’ve squeaked out their valuable information is enough to diminish, demoralize and disenchant even the most ardent supporter, and suggests the true agenda at DPS is to hide the facts. I heartily thank you for attempts to revise that status quo. Sometimes even doing (what may turn out to be) the wrong thing is better than “staying the course” by doing nothing at all.
Being ditched at the altar on a Saturday morning by someone who never even bothered to present a reason or excuse is a vastly different experience than having had a “personality clash” or “misunderstanding” with that person and unsuccessfully tried to resolve it. I appreciate your apparent willingness to explore which occurred in “Cynthia’s” case. It’s to be hoped she will not pass from frying pan to fire by freely and bluntly sharing with you what her comments only hinted at.
[...] month, three innovation school principals obtained an opinion from a Denver law firm that the district was in violation of the state law, which is intended to [...]