The Secretary of State’s Office is investigating whether Colorado Springs’ largest school district violated campaign finance laws in how it presented a bond measure to voters on this November’s ballot.
A parent who lives in the Academy 20 school district, Robert Rogers, filed a complaint Sept. 6 with several allegations, including that the district did not properly disclose the needs of all public schools before sending a bond measure to the November ballot. It also alleges that the district advocated for the bond proposal on its website instead of presenting neutral, fact-based information. Others have raised concerns about a lack of transparency between how decisions were made about which bond projects got the green light.
The bond measure asks for $83 million from voters to rebuild Air Academy High School in collaboration with federal funding ($49 million of the bond), safety and health improvements at non-charter schools to come into compliance with a new law and other upgrades ($23 million), as well as funding for projects at two charter schools, which are public schools that are independently run ($11 million).
On Sept. 19, the Secretary of State’s office identified one or more potential violations of campaign and political finance law, and gave the district until October 3 to respond and “cure” the alleged violations to comply with the law.
In a statement Friday, the district said it takes the matter seriously and is committed to full compliance with all applicable laws and regulations.
“We take our responsibility of sharing balanced and educational information very seriously,” said the district’s chief communication officer Mark Belcher. “Upon being made aware of this complaint, the district took swift action to gather relevant materials, further review information, and implement appropriate changes to the district’s platforms, including the website.”
It said it is in the process of submitting requested information to the Colorado Secretary of State’s office and is committed to resolving any issues raised by the complaint. The district’s webpage language on the bond measure has changed significantly since the letter from the state office.
The original goal of the bond was to rebuild Air Academy High School as part of a Department of Defense program called Public Schools on Military Installations. The district would contribute 20 percent of the cost — raised through this proposed bond measure — while the federal government would cover the other 80 percent. The complaint says the district misled voters into believing the federal funding was time-sensitive. It also alleges the district left out information that DOD funding wouldn’t expire if the bond failed.
In addition, according to information obtained through an open records request obtained by Bernadette Guthrie, a member of the district’s accountability committee, and reviewed by CPR News, a focus group of residents were incorrectly told a future bond (after 2024) would cost $240 million because there would no longer be federal funding.
Are two charter schools getting preferential treatment?
The complaint also alleges the bond would allocate millions to two charter schools (13 percent of the total) using a per-pupil method when Colorado law states that a school district shall review a charter school’s construction plans and compare those needs to other schools in the district before deciding on allocations.
One of the requests includes more than $9 million to build a new addition (including a gym) for one of the charter schools, The Classical Academy. (The Classical Academy also received $21 million in bond proceeds from a 2016 bond.) New Summit Charter Academy would receive $1.6 million. Meanwhile, a non-charter neighborhood elementary school is hosting a “fun run” to raise funds to renovate school bathrooms and improve the playground.
Guthrie said the two charter schools are in line to get $11 million if the bond passes while 35 other non-charter schools must split the remaining $23 million. She said there are schools that need asbestos remediation and roof repairs. Several of the non-charter schools would get only a portion of their HVAC system replaced if the bond passes.
“Kids across the district are in portables due to overcrowding .... Why would the priority be an addition for an elective (gym) given the needs across the district as a whole?” Guthrie said, noting the district doesn’t currently own the land for the gym addition.
A special state fund for capital needs at charter schools shows the two Academy 20 charter schools are already expected to receive $1.3 million this school year for capital construction or renovation. It is unclear if this additional funding figured into the district decision to allot $11 million to the two charter schools.
In the focus group meeting with residents, the district stated it has $500 million in deferred maintenance needs throughout the district.
Colorado law states that “a school district shall review a capital construction plan submitted by a charter school” and include it in the ballot language “if the charter school's facility needs receive a higher priority assessment than the other schools in the district.”
In an email exchange between Guthrie and a district official reviewed by CPR News, Guthrie asks for the capital construction plan as required by law. A district official replies that because the charter school serves 13.7 percent of the total student population, it is included in the bond.
The official wrote that the district determined that it was fair and equitable to share bond proceeds based upon proportionate student enrollment and is aware of how the charters hope to spend the proceeds.
At an Aug. 8 school board meeting, chief communications officer Belcher told the board people in the focus group who asked why charter schools were being given so much were told it was required. “We did share that we do have to provide it....if these dollars are intended for D20 students, they should be proportionate”
Kim Crawford, an attorney advising the district on the bond, disagreed and spoke at the Aug. 8 school board meeting meeting.
“You don’t have to give them bond money,” she said. “You are choosing to.”
“I don't think it is accurate to say that this is required funding because if you had more needs — more and greater needs than what you deemed your charter schools needs to be — you really aren't required to give them any bond fund money.”
To date, the district has not made public what the full scope of needs and requests were from other schools in the district. A review of board meetings shows little to no opportunity for the general public to weigh in on the bond measures from January to the end of August.
“This situation raises serious concerns about transparency, equity, and legal compliance in D20’s bond process,” Guthrie said.
If the district doesn’t establish that it has fixed the alleged violations by the deadline, the state will conduct an additional review.
