A bill backed mostly by teachers’ unions that would upend the state’s charter school system failed in the House Education Committee on Thursday.

Sponsored by Democratic Reps. Tammy Story of Evergreen and Lorena Garcia of Adams County, House Bill 1363 would have, among other things, modified the composition of charter boards, prohibited automatic waivers that cut cut down the paperwork and given the final say on a charter school application to the local school district.  

The bill failed on a 3-8 vote, with four Democrats and the committee’s four Republicans voting against it.

In pushing for the measure, supporters said it would add accountability into the charter schools system. Critics countered that the measure is heavy handed. 

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The measure was not expected to win approval, given longstanding support for charter schools from many Democratic lawmakers and likely opposition to the measure from Gov. Jared Polis, who founded several charter schools in the past.

The eight-hour hearing drew dozens of charter school advocates to the education committee. Most of those who testified Thursday, including the Colorado Children’s Campaign and the Colorado Catholic Conference, opposed the bill.

Opposition to the bill didn’t just come from charter school families. Also opposed were Education Reform Now, an arm of Democrats for Education Reform, and a New York hedge fund-backed group that supports charter schools and opposes teachers’ unions. The hedge fund group has spent over $5 million in the last four years to support state Democratic candidates through various independent expenditure committees.

As introduced, HB 1363 would have made the following changes:

• At least one-third of a charter school board must be made up of parents or guardians of students attending the school, as well as reflect the community demographics;

• Prohibited automatic waivers (granted by the state board of education) from being included in charter contracts executed or renewed on or after July 1, 2024. Those automatic waivers were created as a paperwork reduction exercise tied to replacement plans;

• Prohibited charter contracts from waiving educator personnel performance evaluation system requirements;

• Repealed the requirement that a school district provide a list of vacant or underused buildings and land to district charter schools and prohibited district charter schools from using those vacant facilities;

• Repealed the ability of charter school applicants to seek a second decision from the state board when a local board rejects a charter school application a second time.

• Granted “district accountability committees” the ability to review charter school renewals; currently, they only review initial applications.

• Allowed a a local board to revoke or not renew a district charter school because of the district’s or the charter’s declining enrollment. 

Santiago Lopez, the superintendent of the New America Schools, the charter school network founded by Polis, told the committee he strongly opposed the bill and initially tried to reach out to Garcia without receiving a response. He eventually succeeded in contacting her to discuss the bill and learned they both support neighborhood schools.

Lopez said charter schools are a neighborhood school choice, but this bill would allow districts to revoke a charter because of the district’s declining enrollments. He described repealing a charter’s ability to use vacant district buildings or lands a discriminatory practice.

In pushing for the measure, Story told the education committee that charter schools were expected to be schools of innovation, a far departure from how school districts operate, but that they “have now evolved away from that primary intent.”

She said charter schools need to be transparent and accountable to the public when using tax dollars, and that they have access to gifts, grants, donations and public funding.

“I expect most charter schools to be good public stewards, but financial records are not publicly available,” she claimed.

She said families deserve to know what laws and rules charter schools opt out of and how that would be addressed and noted, under the bill, if a charter school’s enrollment declines, it could be closed, just like public schools. 

Garcia, who insisted the bill was not intended to shut schools down, said their intention is to create a scenario in which students and families are in the best position to choose the best schools — and that is only possible when families have all the information to make that decision. She said that includes knowing about waivers, where funds come from and external influences on curricula.

“We’re not here to debate anyone’s concern for children or anyone’s desire for high-quality education. Every one of us wants this,” she said. 

Former state Rep. Judy Solano testified that most waivers have to do with teacher employment. Teachers in charter schools are waived from benefits and protections that they get in traditional public schools, she said, adding they are “at will” employees under an automatic waiver that has existed for 30 years. If a charter school wants to hire at-will employees, they need to be able to say why they need that instead of certified teachers, Solano told the committee, insisting that should be a matter for school board oversight.

Testifying  against it, Riley Kitts of Democrats for Education Reform said that, throughout the process, the bill felt like something done toward charter schools — not with charter schools. The sponsors refused to share amendments, he said.

He also said his local public schools and the local PTA don’t provide transparency on their fundraising.

This bill is supposed to be about parity, and it’s not, Kitz said.

After the bill’s defeat, Ready Colorado President and CEO, Brenda Dickhoner, said the hearing, through people’s testimony, showed how charter schools have positively influenced people’s lives.

“It’s unfortunate that we have to continuously defend charter schools, which are a bright spot in our education system,” she said, thanking the Democratic and Republican legislators who voted the bill down.

During the hearing, families and charter school students showed up to speak against the measure.

Perla Perez, an eighth grader at Richard Flores Magon Academy, told the committee that her school accepts everyone and that she feels supported by teachers and amazing staff.

“I love my school,” she said, adding it’s a place where culture is celebrated.

Charter schools help students find ways to succeed in life, she said.

“Our teachers are passionate about helping us succeed,” said Jaylah Valdivia, an eight-year student at Magon Academy. “Our school is like a big family, a place where we feel supported and inspired every day.”