Colorado Politics

Denver Public Schools tells employees they can’t advocate for innovation zone bill the district opposes

Denver Public Schools leadership team told its school leaders they cannot contradict the district’s stance on any pending legislation at the state Capitol while at work or using district resources, according to a letter obtained by The Denver Gazette.

DPS also said employees may not engage in legislative advocacy without first seeking their supervisor’s permission.       

The letter, signed by Edwin Hudson, who serves as the district’s chief of talent, was sent to school leadership on Wednesday.

“When district employees are acting within their work capacity or using district resources, they may not conduct legislative advocacy that is contrary to the district’s stated position and messaging,” wrote Hudson, who is member of the superintendent’s leadership team.

“Any employee seeking to conduct legislative advocating using district resources or in their work capacity must seek and obtain approval from their school collaborative director, or DPS employee above them in the chain of command.

The letter specifically mentions Senate Bill 22-197, which deals with innovation zones, and which DPS officially balks at.  

“Because the superintendent has stated publicly that the district is opposed to the bill, it would not be appropriate to advocate for (the bill) during your work time, in your official capacity or using district resources,” Hudson said. 

Approved by the Senate this week, SB22-197 seeks to allow an innovation school zone to use an “alternative governance structure,” under which the school district board delegates management activities of schools within the innovation zone to another organization. Under the Senate proposal, the innovation zone must submit a plan outlining its alternative governance structure to the school board. The bill also outlines a dispute resolution process to resolve disagreements between the local school board and an innovation zone with an alternative governance structure.

Hudson wrote that the district’s 90,000 plus families need to hear officials “speak with a consistent, professional and respectful nice on our district’s strategies, priorities, mission and values.”

Additionally, the letter urged the district’s school leaders to refrain from contacting the district’s board of education members regarding operational decisions but instead voice their concerns to their “reporting chain.”

DPS Board of Education Vice President Tay Anderson denounced the letter in a Facebook post on Friday morning.

“In order for me to do my job, I must engage with all stakeholders. Even if you’re an employee in Denver Public Schools, I am always available for you as one of your elected officials,” the post read. 

First Amendment Attorney Steven Zansberg, who represents The Denver Gazette and Colorado Politics, said the letter does not violate the district employees’ First Amendment rights. 

“They’re free as citizens to continue to advocate and do whatever they want,” Zansberg said. “They just can’t do it using school resources or in anyway appearing in their work capacity.”

In an email, district officials emphasized the same point Zansberg raised and said their employees’ voices on legislation is important but should not contradict the district’s position while serving in their capacity as district workers. 

“We acknowledge and respect the employee’s rights as individuals citizens to advocate with government officials,” the statement read. “However, the district’s communication appropriately sets the expectation that they support the direction and decisions of the district when acting in their work capacity.”

Denver Public Schools superintendent Dr. Alex Marrero speaks to media members during a press conference on the district closing schools on Nov. 19, as seen on Wednesday, Nov. 10, 2021, in Denver, Colo. (Timothy Hurst/The Gazette)
Timothy Hurst
The Denver Gazette
Denver Public Schools superintendent Dr. Alex Marrero speaks to media members during a press conference on the district closing schools on Nov. 19, as seen on Wednesday, Nov. 10, 2021, in Denver, Colo. (Timothy Hurst/The Gazette)
Timothy Hurst
The Denver Gazette
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