Monthly Archives: March 2024

Ken Witt issues sworn statement which might violate both the Colorado Open Records Act and the Colorado Sunshine Law

The district found itself in a new position last week with a Colorado Open Records Act request. When the agenda for the 3/13/2024 board meeting went out on 3/8, I submitted a CORA request for the board packet for that meeting. These packets contain the reference materials to be presented in the board meetings; you can view the packet from the last board meeting here to get an idea. Under Colorado law requiring no more than a three-day turnaround for a request for a single document in the district’s possession, I thought this would result in me getting the board packet at least an hour before the actual meeting. Some districts make a habit out of providing board packets prior to regular meetings, as the CDE’s Board President Handbook even describes on page 12, so this request was not anything unusual.

As you know, weather prompted postponement of the meeting to the following Wednesday, 3/20. Instead of providing the board packet to me as required by law, the district sent me this message on the date the CORA request was due, 3/13:

These materials are not available under CORA because they are protected under the deliberative process privilege.

Deliberative Process Privilege is a very specific legal term, defined in Colorado law as follows:

Records protected under the common law governmental or “deliberative process” privilege, if the material is so candid or personal that public disclosure is likely to stifle honest and frank discussion within the government, unless the privilege has been waived.

C.R.S. § 24-72-204(3)(a)(XIII)

Is this a valid assertion? Colorado law section 24-72-202(6.5)(c) covers the definition of these work products, documents that would be not be accessible via CORA. In this case it’s quite clear, saying that work products specifically do NOT include:

(IV) Any materials that would otherwise constitute work product if such materials are produced and distributed to the members of a public body for their use or consideration in a public meeting or cited and identified in the text of the final version of a document that expresses a decision by an elected official.

24-72-202(6.5)(c)

These board packets are distributed to board members when the meeting agenda is sent out. In this case, that would be on 3/8. So by the time my CORA request was due on 3/13, the board packet had met the qualifications above and could not be considered a work product protected from disclosure.

Normally I’d hit a brick wall at this point, not interested in engaging in any legal action, especially for something as innocent-seeming as just a board packet that I know the district would release under CORA after the meeting has taken place. But by invoking ‘deliberative process privilege’, the district created a bit of a mess for themselves. The Colorado Freedom of Information Coalition pointed me to some very interesting information about this legal term. Colorado law (see C.R.S. § 24-72-204(3)(a)(XIII)) sets requirements for an entity to withhold documents, if the requestor knows the law and makes suitable requests. The first requirement is:

…the custodian shall provide the applicant with a sworn statement specifically describing each document withheld, explaining why each such document is privileged, and why disclosure would cause substantial injury to the public interest.

C.R.S. § 24-72-204(3)(a)(XIII)

I requested such a statement, and here is what the district provided to me on 3/18/2024:

Ken Witt is claiming that the board packet “constitutes the confidential deliberations of the WPSD Board of Education”. However, the board isn’t allowed to deliberate outside of public, unless and executive session is called. That’s what the Colorado Open Meetings Law is all about. So it seems he’s violating Colorado Open Records Law by using a violation of the Open Meetings Law as his excuse?

WPSD to seek waiver from substitute teacher requirements

WPSD will be seeking a waiver from substitute teacher qualification requirements; discussion and vote to happen in the April 10 board meeting. Elizabeth school district, another Brad Miller controlled area, applied for a similar waiver and the CDE is reviewing that request today.

Note that Brad Miller’s son owns TAGG, a substitute teacher placement company.

Why is Merit getting involved with the Gateway closure decision?

Merit Academy headmaster Gwynn Pekron last week sent a very long email to parents in that school, with most of it devoted to her analysis of the decision to close Gateway Elementary. This is a decision which in no way impacts Merit Academy or its students and parents, as Merit is its own 501c(3) non-profit corporation, outside of the control or influence of the elected school board overseeing Gateway Elementary and the other public schools in Woodland Park. So why did Pekron put all this focus into Gateway?

Dear Merit Academy Families…

While a correspondence to you is long overdue on my end, and for that I apologize, this writing is not necessarily one of Merit Academy virtues or strengths, but is a note regarding the recent events of our local district. As hard as I have tried to make this a short presentation, circumstances warranted further discourse. Per encouragement of other Merit Academy families and community members, my intention is to present to you historical data, as I understand it, that may have contributed to the present state of the District.

SALES TAX

The first topic to highlight is the Council’s discussion of the educational sales tax. This revenue is critical to past, current, and future students in this community. It is a fair tax, a consumer tax, a revenue of which nearly 33% stems from tourists, is business friendly, and is considerate of fixed income persons compared to property taxes.

The council meets this Thursday (March 7) to discuss adopting or tabling the Ordinance that would repeal this critical education funding for our district students. Council members have stated several times that an agreement between WPSD and Council regarding the proposed updates within the intergovernmental arrangement would mean the this Ordinance will be tabled. From the recent meeting, it seems the attorneys are tasked to collaborate on the terms. The expectations and hope, then, is to see the Ordinance defeated on March 7.

STATE OF THE DISTRICT

The second topic is the state of the District, particularly the recent announcement regarding the consolidation of elementary schools. In order for me to understand the greater situation that compelled this decision, I’ve relied on my past experiences in the District and current examination of the District’s historical figures. I pass this to you, with hopes it can add to the dataset you are examining in your own pursuit of understanding.

Consultants

Over the past ten years, districts across the state have had to consolidate schools. Facing similar uncertainty, the prior Board and Superintendent hired a facility consulting firm to assess district facilities in Fall of 2021. The consultants assessed building condition, building capacity/usage (functional vs max), and the focus of expenditures (building vs staff vs programs) throughout the district.  

            Inherited Dilemma

From their presentations, it was evident that whomever was elected to the Board of Education in 2021 and beyond would inherit a difficult decision regarding facilities, programming, and staffing. The consultants noted the decades of declining enrollment and the trajectory of building capacity, further submitting that school consolidation, however unpopular, may be a necessary option to be able to maintain or even advance programming to students.

As predicted by those consultants, we’ve come to the point when District leadership has to address the issues that have been deferred until this point. Even though WPSD has one of the lower rates of decreasing enrollment in the region, the reduction continues to impact the District. As the consultants mentioned, long term decline and a lack of intervention has a rippling effect that now requires leadership to balance the enrollment with the expenditures of facilities, staffing, and programming. 

            Matching Operations to Enrollment

It is presumed that the District’s recent decision to consolidate elementary schools was made with those very considerations mentioned by the consultant: balance enrollment with proper staffing, consider financial responsibilities vs liabilities, and review solutions to equate the district’s operations to the decades of decline. It must have played a part in the decision to divert students from Gateway to Columbine and Summit, but in that, I merely speculate.

  • Gateway Elementary School requires nearly $5 Million in maintenance and improvements, according to the prior Board and previous superintendent’s facility study. 
  • There are 155 students (K – 6 th grade) at Gateway with an additional 50 Preschool students. Forecasted enrollment predicts another slight decrease in enrollment.
  • It appears that K-6 staffing at Gateway may cost over $1,825,000 /yr, or $11,770/student.   Compare that to the pupil revenue of $10,277/student + MLO and Sales Tax = $12,117/student.

Gateway’s cost of staffing  for the school leaves very little revenue (less than $400/student, or less than $62,000 as a school) for any operational costs. What else is needed to operate a school that is not covered with school-only salaries and benefits?

  • Business Support (payroll, taxes, accounting, purchases, requisition)
  • Curriculum: books, programs, licenses, teacher resources
  • Supplies, equipment
  • Technology, internet, support, supplies, equipment
  • Testing, support oversight, CDE reports
  • Student intervention supplies and equipment
  • Student programs, tutoring, clubs, field trips
  • Grounds keeping, winterizing, parking lots, playground
  • Building operations and maintenance
  • Security, general administration, and central office salaries and benefits
  • and so much more…

Gateway Elementary is currently operating at 32.9% of functional student capacity K-6 with Preschool = 44.5%. Max functional student capacity for the building is 471 students.

                Gateway’s max student capacity is 617 (operating currently at 25%)  

                Note: it is ineffective to run a school at max capacity. Suggested capacity rate is a target of 70-85% of the functional student capacity level.

Corresponding to the decades of student enrollment loss is the increase in staff salaries, benefits, program expenses, supplies, and operational expenses, causing a deeper divide between Gateway’s primary revenues and its operational expenses. 

Consolidation 

  • In 2021, the prior board’s facility consultants mention the likely need of consolidating elementary schools because of the lack of student numbers to support school operations, programming, and staffing. While this was an unpopular option, it was highlighted as a necessary consideration.
  • Because of declining enrollment and increase expenses to operate a school, school closure has been a topic of conversation since 2010.
  • In 1986, District enrollment was 1,950 and WPSD had two school buildings: Gateway Elementary and the Jr High /Sr. High (WPHS).  This year (2023-24), WPSD has a total of 2,020 students Prek-12, with five buildings.

Seek to Understand

Gateway is not the only school with a widening rift between loss in enrollment and growth in operational expenditures. This district-wide issue required a system-wide repair. As many districts across the state have realized, consolidation provides greater allocation of funds towards student programming and staffing, rather than on the crippling costs of maintaining or operating underutilized schools.

The District is addressing an issue that has been deteriorating for many years. By redirecting students from Gateway to Columbine and Summit, by moving 7 th and 8 th grades back to the WPHS (as it also drifted below 45% functional capacity), and by requiring a growing Merit Academy to assume the full building’s operational cost as sole tenants,  the District Board of Education appears to be upholding it’s duties as prescribed in Statutes. It seems to be controlling expenditures to match student enrollment without compromising student programming or academic excellence. 

These district decisions are never easy to make, and there seems to be no state-wide shortage of opportunity for this difficult determination to be made. Each district manages consolidation differently, typically working to bring the district back to a balance of enrollment and operations. As community members, we can merely speculate and work towards understanding.

Very Humbly Yours,

Gwynne Pekron, PhD

Industrial/Organizational Psychologist

Headmaster: Merit Academy

Hodie Determinat Cras: Today Determines Tomorrow

CURMUDGUCATION: 60 Minutes Asked Moms for Liberty The Right Questions

Reporter Scott Pelley gets right to the heart of several issues. The difference between giving parents the tools to control what their own children can read (something the district also provides in spades) and trying to control what other parents can let their children read. The outrage-enhancing technique of treating isolated mistakes as proof of some widespread conspiracy.
— Read on curmudgucation.blogspot.com/2024/03/60-minutes-asked-right-questions.html

WPSD Hires High School and Middle School Assistant Principals, Effective the 2024-25 School Year

This was sent to families today:

Dear WPSD Families,

The district is thrilled to announce the appointment of Chad Cosner as the new High School Assistant Principal and Michelle Eastman as the new Middle School Assistant Principal, effective July 1, 2024. Both individuals bring experience, dedication, and passion for education to their respective roles.

Chad Cosner, a seasoned professional with five years of dedicated service within the district, will assume the High School Assistant Principal role. Throughout his tenure, Cosner has held various roles, including high school Counselor, Athletic Director, Dean of Students, and Interim Assistant Principal. His extensive experience and commitment to students’ academic and personal development make him a valuable addition to the secondary campus leadership team.

Michelle Eastman, an outstanding educator with four years of service in the district, has been appointed as the new Middle School Assistant Principal. Eastman has served as a high school social studies teacher and an AP Human Geography teacher and has been instrumental in leading the Student Council. Her dedication to creating a positive learning environment and her ability to connect with students and staff position her as an ideal fit for the role.

Both Chad and Michelle understand the importance of partnering with parents and guardians in the education of students. They recognize that collaboration between school and home is fundamental to student success and are committed to fostering open lines of communication, and building strong partnerships with families.

WPSD extends its appreciation to WPHS Interim Principal Cindy Gannon, whose exceptional leadership has been instrumental in maintaining a positive and effective learning environment during this interim period. Her vision and ability to inspire students and staff have significantly contributed to WPHS’s overall success and stability. Cindy will continue to support the Secondary Campus Principal, Dr. Tory Richey, and Mr. Cosner, providing valuable continuity for the district.

We are excited about the passion for education, innovative ideas, collaborative spirit, and commitment to parent engagement displayed by the 2024-25 secondary campus leadership team that will enhance the overall educational experience at Woodland Park Middle and High School.

Woodland Park citizens line up to show support for Gateway families and staff

In response to the surprise announcement that Gateway Elementary School will be closed, dozens of people showed up early Monday morning to greet staff and families before school as a show of support (picture from the Concerned Parents of Teller County Facebook Group). This is the second school the district has closed this calendar year, neither time with any community or board discussion or input. Most people I’ve talked to expect Ken Witt to announce a new charter school for next year to be occupying this building, though another possibility is it’ll be part of a BOCES that Brad Miller is said to be creating. Regardless though…Gateway’s days as an anchor of public schools in Woodland Park are over.