Laura Magnuson of Woodland Park has been named Social Worker of the Year by the Colorado Chapter of the National Association of Licensed Clinical Social Workers.
— Read on gazette.com/pikespeakcourier/laura-magnuson-named-social-worker-of-the-year-in-colorado/article_6539df64-fe9c-11ee-bc14-3b689b63a5c4.html
(Former WPSD mental health supervisor who resigned when Ken Witt announced abandoning $1.2 million in grant money)
After seizing control in Woodland Park and also Elizabeth, Brad Miller has set his sights on the western slope community of Montrose, Colorado, as his next target, it seems. He already represents the sole charter school there (Vista), and now a new charter is in the application process, Montrose Classical Academy. A quick peak at their articles of incorporation lists Joshua Miller as the attorney (and the same address as Miller Farmer Law, where he’s an associate attorney).
This is how Brad Miller entered Woodland Park, if you recall. He was the attorney for Merit Academy to help them get started, and once enough control of the school board flipped, he became the attorney for the district and proceeded to influence sweeping changes (here it in his own words here). Now the small town of Montrose is being targeted. Will he succeed?
In August of 2023, the WPSD cut a check to Merit Academy for $270,155 in money from the ESSER III grant the district received from the federal government (this was COVID relief funds). I believe this meets the definition of fraud, as I’ll outline below.
The WPSD budget for the 2022-2023 school year (fiscal year 23, or FY23) – allocated all ESSER money to be spent on the five ‘traditional’ public schools. None was allocated to go to Merit Academy.
Merit FY23 budget didn’t include any ESSER grant money (in fact, there’s only $15,273 in federal money listed)
Money moving from the WPSD to Merit Academy is documented in a monthly ‘flowthrough’ spreadsheet – these monthly spreadsheets never showed any ESSER grant money.
On 1/31/23, Merit headmaster Gwynn Pekron reached out to Del Garrick requesting ESSER grant money; she was told that all money had been allocated for FY23, and that Merit could request money in FY24 if they wished (click here to read the email exchange).
In early June, Merit Academy again reached out to the WPSD about ESSER grant money, requesting money from FY24 (as previously suggested by Del). However, the FY24 budget passed by the board on June 14th showed $858,241 in ESSER grant money, none of which was allocated to go to Merit Academy.
On June 30th, 2023, Merit Academy submitted an invoice to the WPSD requesting $270,155 in ESSER grant money. That invoice was processed and paid in August 2023 (presumably, the delay was due to the district being closed for summer break).
As Merit had not budgeted to receive any ESSER money, they created multiple ledger entries on 6/30/2023 to retroactively justify the expense of the ESSER grant money (click here).
One consequence of this process was that the WPSD started the year with an inflated grant balance, that caught up to the district in January. In January of 2024, middle school parents received an email that an after school academic assistance program was being cut immediately; we were told it was due to a lack of funds to continue the program (funds were quickly reallocated to continue this program). Data obtained from a CORA request showed the ESSER grant fund was already grossly overdrawn, and the budget for that had been slashed from the original $858,241, to now only $523,524 (that difference, $334,717, is greater than the $270,155 that went to Merit in August and is as yet unexplained).
When I asked the board of education about this, director Kimbrell told me, “We were required to include Merit in the allocation of ESSER funds but the prior staff did not include them in the FY22-23 budget even though it was against the law not to.” The CDE’s website does not support the claim that it’s against the law not to include Merit (scroll to the bottom of that link).
So in summary, the board never approved any ESSER grant money to go to Merit Academy, in either year. This substantial sum of money was allocated to be spent on the other schools. Instead of going through the proper channels of including this in a budget (which then allows the public to be aware of how this money is being spent), the district operated outside of board overview and negotiated this directly with Merit Academy. The board approved a budget for FY24 which had inaccurate fund balances as a result. The WPSD deceived the public about where this money was being spent, by not only never including it in any budget, but purposefully publishing a FY24 budget that showed money to be spent in the district that didn’t actually exist (I believe this can best be described as fraud).
There’s another side to this that warrants further investigation. Merit Academy started life as a contract school under ERBOCES, NOT the Woodland Park School District. ERBOCES awarded some ESSER grant money to Merit Academy for the previous fiscal year, FY22 (this is the $10,845.60 number you see in the general ledger screenshot linked above). The question I have is, how did the state and federal governments determine the amount of ESSER grant money to award to the WPSD? If they based this calculation on the number of pupils in the district, it’s clear that Merit Academy was not part of the district at the time of ESSER grant money calculation…did ERBOCES receive extra ESSER grant money that should have been transferred to WPSD when Merit Academy was absorbed into the district in the 2022-2023 school year?
The Friday before spring break, 18 teachers received notice that their position would not be renewed the following school year…essentially a layoff notice. This was due largely to the school consolidation in the district – combing the middle school and high school, and closing Gateway Elementary altogether. So how were the staffs at each school affected? A CORA requested yielded the actual email sent to staff, and the summary of the number being let go from each school is shown below (names are not being included here for privacy reasons):
From the 3/21 council meeting (and posted to the Concerned Parents of Teller County Facebook group on 3/22):
Dear City Council,
My name is Anna Hand. I am here tonight to give my public comment on the matter of ending the sales tax initiative that is giving funding to our school district which is not now fit to use it responsibly. I have lived in – owned a home – in this community since 2007. I have worked for Woodland Park School district since 2008. I am devastated to be standing here tonight speaking as a private citizen of this city. I urge you now to shut down the tax monies being given to the administrative entities of WPSD through immediate action, clear accountability measures, or a strong sunset clause with conditions.
You may be concerned that people will see this action as taking money away from our kids. Unfortunately, those monies are currently being redirected, misused, and stolen before reaching the kids. The leadership of our school district is operating as a dictatorship. Responsible practices are not in place to account for any funds. Even an elected board member has no oversight of funds due to the shady business practices embedded into central office and operating in the shadows of our school board. When asked about the financial impacts of “consolidating” Gateway at the board meeting last night, the district administrators could not articulate the information asked for. Apparently, a new and expensive curriculum has been foisted on our elementary schools despite remaining years paid for with the current curriculum and no official adoption process. How does that give parents choice? The district schools have been told that no repairs or mitigation will be done as the roofs leak into student areas from the storm last week.
The people in control of public funds are using them for private gains. Their agendas take precedence over our community and stakeholders. Sadly, monies entrusted to our district are being funneled into the pockets of lawyers, outsiders, and a charter school with its own independent board. Two of our five schools – 40% – have been thrown away at the expense of students, parents, teachers, staff, and tax payers.
I was involved when the sales tax initiative was negotiated and passed. Unfortunately, since then, this district has been taken over. According to the audited budgets from 2022 and 2023 (before this board and with this board), the central support services line item has increased 76% – over half a million dollars. The lack of transparency leaves us to wonder what exactly those expenses are. District general administration line item increased 39% – over $400000 dollars. These are tax dollars. Outside monies and interests are influencing our elections, policies, and what used to be a quality public school system entrusted with educating our community. Brad Miller’s firm has taken tons of money from the district budget to lose first-amendment and other cases. Charis has declared publicly they want to control our city entirely and keep all of their tax exemptions. To exert this control they pack school board meetings advocating for policy and action and financially influence school board members. The superintendent of any school district is responsible for overseeing the budget. Our leadership at central office is highly under qualified and over powerful. The school board who should evaluate the superintendent gave him a raise and a carte-blanche part-time contract without due process. Then, they have the audacity to be offended that the city council questions them.
Our Colorado State budget is promising to fully fund schools for the 2024-2025 school year. Prior to this the budget stabilization factor – fondly known as the BS factor – has limited school funding significantly. When we voters of Woodland Park passed the sales tax initiative, the district released 6.725 mills that had been leavied in property tax. Fiscal conservatives should be pleased that we no longer need the sales tax initiative to make up for the shortfalls in school funding. Per pupil funding for next year is projected to be at least 11,065.32 – which is a 7.7% increase over this year. With the elimination of the BS factor, that per pupil funding is projected to increase even more. Despite worsening our declining enrollment, our district should be able to pay its bills without handouts. WPSD has healthy reserves – built over years of conservative budgeting by qualified professionals- and should be able to budget spending appropriately.
The city of Woodland Park deserves better. The students, parents, teachers, and staff in our schools deserve better than to find out about the death of their careers, legacies, and buildings with the callous strikes of email after email. There is not even the name of a person to contact. The humanity of our community means nothing to them. The people in charge now cannot be trusted. Decisions are made in the dark and behind closed doors. The public, teachers, staff, students, and parents have no choice or voice. Questions are answered with threats.
The tax payers of Woodland Park are the ones who should be offended. Look at what has happened to the things our community tax dollars built. These tyrants do not deserve a penny. Please take the necessary action to stop the sales tax initiative immediately, add accountability measures, or create a sunset plan.
Sent to parents today:
Dear WPSD Families and Staff,
Woodland Park School District is pleased to announce that Landis Seabolt will be the new Principal of Columbine Elementary School, starting July 1, 2024. Mrs. Seabolt’s extensive education experience and demonstrated leadership make her a valuable addition to Columbine Elementary.
Mrs. Seabolt currently serves as the Director of Woodland Park High School’s Panther Academy, overseeing various educational programs and initiatives. Additionally, she holds the positions of Summer School Administrator and Online Program Coordinator, showcasing her breadth of experience in diverse learning environments.
Mrs. Seabolt’s educational experience spans over ten years as a teacher and more than twelve years as an Instructional Leader. This background significantly bolsters her expertise in curriculum development and instructional strategies.
In 2023, Mrs. Seabolt obtained her principal license, furthering her educational leadership and excellence. Mrs. Seabolt’s vision for Columbine Elementary School emphasizes the importance of keeping parents and guardians at the forefront of their child’s education. She is committed to fostering strong partnerships with parents and guardians, ensuring parents are actively involved in their child’s education.
In a coordinated transition plan, Ginger Slocum, the current Principal of Columbine Elementary School, while assuming the role of Chief Academic Officer effective April 8, 2024, will work closely with Mrs. Seabolt for the remainder of the school year. This collaboration aims to ensure continuity and a smooth transition for the benefit of all Columbine students.
Please join us in extending a warm welcome to Mrs. Seabolt as she becomes an integral part of our Columbine Elementary School family.
From the 3/20/2024 Courier:
Woodland Park School District’s fiscal exigency
On March 1, WPSD Superintendent Witt announced that Gateway will be closed next year without any prior communication to stakeholders and without a single school board discussion. Ken said “This is a fiscal exigency that we need to consolidate these three schools”.
Why is the superintendent declaring fiscal exigency instead of our school board?
When mid-year budget revisions were presented in January and February, why was there no mention of a financial crisis?
Why have the self-proclaimed ‘conservative’ school boards elected since November 2022, consciously chosen to engage in deficit spending for the last two years if we were facing financial crisis? (Note that between 2015 and 2022, the general fund budget had been more or less balanced year after year. During the 22/23 school year, we spent $3.2 million more than our revenue. During this 23/24 school year, we have budgeted to spend $2.1 million more than our revenue.)
Why did district administration just quietly spend a very large sum on a new elementary Language Arts curriculum, and discard 5 years of curriculum that was completely paid for (AND that was selected using a rigorous process, involving input from parents, teachers, administrators and community members)? The new curriculum was purchased without ANY stakeholder input and is what’s offered at Merit Academy. How is this offering families ‘choice’?
Fiscal exigency? Why did we give our superintendent a 9.7% raise, with promises of a 5% annual pay increase and potential bonuses?
This is painful to witness.
Khurshid Rogers, Woodland Park
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 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.
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
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