The ghost of Tom Boasberg still haunts DPS

The ghost of Tom Boasberg still haunts DPS. We aren’t talking about the hundreds of millions in debt on the district books.
We are talking about the Susana Cordova contract, in which Boasberg era concessions of school board power still restrain the elected school board from doing the people’s business.

In essence, the prior school board conceded to the Superintendent vast powers for running the district in an employee contract. Cordova’s power extends to hiring and fire all staff. And since in such an arrangement, where there is no accountability to the elected public officials, personnel is policy.

The arrangement is almost certainly contrary to law. One school board can not simply sign away a future school board’s statutory authority by means of an employment contract. And the attempt to bind the board by such means was an egregious overreach by the prior board. Given that the district’s legal counsel reports to the superintendent herself, it is quite possible the full board was never given adequate notice of the issues at hand.

State low is concise when it comes to the power of the elected school board, but it is absolute. Board members are responsible for the educational program of the district. It is responsible for all employees. And contemplates employment of principals through statutes.
Let’s review some of significant statutory powers. Colorado Revised Statutes empowers the board (C.R.S) § 22-32-109 (f) (I) To employ all personnel required to maintain the operations and carry out the educational program of the district and to fix and order paid their compensation.

On the further matter of employment powers, Boards, per C.R.S 22-32-110 (h) To discharge or otherwise terminate the employment of any personnel. (l) To determine which schools of the district shall be operated and maintained; C.R.S.22-32-126(1) The board of education may employ through written contract public school principals who shall hold valid principal licenses or authorizations and who shall supervise the operation and management of the school and such property as the board shall determine necessary.

Yet the previous board delegated those statutory powers (and did so without expression statutory permission) to Cordova. If the current Board does not act affirmatively, these powers will remain.
Per Cordova’s contract: “she shall have administrative authority and responsibility  for appointment, assignment, reassignment and evaluation of all personnel in the District; organize, reorganize, and arrange the administrative and supervisor staff as best serve the District; select all personnel, subject to the approval of the Board for licensed personnel; recommend policies to the Boards and adopt regulations, rules and procedure deemed necessary for the well ordering of the District; FURTHER prepare and recommend an annual budget to the Board; develop, implement and maintain a system of school improvement and education accountability;” Emphasis added.

And the kicker for those who believe authority and accountability shall lie with elected office: “Without the written consent consent of the Superintendent… nor shall (the Board) reassign the suites of Superintendent to other employees in the District.”
The Superintendent is always listening— the Board can’t meet to discuss policy, personnel or budget to the exclusion of the Superintendent. “The Superintendent shall have he right to attend all public Board meetings and all Board and citizenships committee meeting, and provide administrative recommendation on each substantive item of business considered by each of these groups.”

For the past 15 years, Denver Public Schools have devolved in an authoritarian mess, without real democratically elected leadership. It’s time for that to change.
The most constructive route would be to amend Cordova’s contract to properly restore the statutory authority of the board. Failing that, the Board could sue Cordova, as the provisions of contract are clearly contrary to law. The Board that mistakenly, and perhaps without legal authority, divested itself from it authority is gone. The new board is not, and should not, hold itself to the previous grievous error.