State Board of Education race could have a big impact on the future of charter schools in Colorado

Of the four Colorado State Board of Election seats up for election Nov. 5, one race in particular holds high stakes for the future of charter schools and the ease with which they can open and expand.

The outcome of the election in the highly competitive 8th Congressional District, which was created as part of the state’s 2021 redistricting process and includes parts of Adams, Larimer and Weld counties, could change how much the state board embraces the growth of charter schools — or not. 

There’s currently a majority in the board that is willing to overturn local school districts when they deny charter school applications. The 8th District race could decide whether that majority flips.

Incumbent Rhonda Solis, a Democrat from Greeley, is running against Johnstown Republican Yazmin Navarro. Solis and Navarro bring different perspectives to charter schools. 

Solis, 55, told The Colorado Sun she has concerns about a lack of transparency and accountability in charter schools and wonders why they aren’t outperforming traditional district-run schools. Meanwhile, Navarro, 39, said she is a strong proponent of school choice, including charter schools.

Here is why the outcome of the State Board of Education race in the 8th District could be so consequential for charter schools across Colorado.

What is at stake for charter schools in the 8th District race?

Charter schools are public schools managed by nonprofits that establish a performance contract with a school district, which serves as the authorizer. The contract gives charter schools more flexibility than traditional public schools over how they educate children, but they are still subject to the same standards and assessments as traditional public schools.

The state board plays a key role in the appeals process. A charter school can appeal a school district’s rejection of its application to the state board in the hope of overturning the district decision. The state board has the authority to override the rejection and greenlight that charter school or side with the school district.

“The state board acts as a judge in disputes and as the final arbiter in disputes between school districts and charter schools,” said Van Schoales, a senior policy director at the Keystone Policy Center. Schoales does not live in the 8th District and says he is not supporting either candidate.

“State board members are elected often going into this position either being pro-charter or opposed to charter (schools),” he said. “They’re in this role acting as an independent arbiter that are supposed to make decisions based on the evidence. It’s often quite predictable what the outcome will be.”

Currently, there is a 5-4 majority on the state board willing to overturn local school districts when they deny charter school applications. But that’s likely to change if Solis is reelected. 

That’s because of the outcome of the Democratic primary in June for the 2nd Congressional District seat on the Colorado Board of Education. Former Boulder Valley School Board President Kathy Gebhardt ran against education consultant Marisol Lynda Rodriguez in the Boulder-centered district. Gebhardt has scrutinized charter schools for implementing admissions policies that discriminate against certain groups of students. Rodriguez was backed by nearly $1 million from charter school supporters. 

Despite the heavy spending to support Rodriguez, Gebhardt won the primary. She’s running unopposed in the general election, meaning she will win in November, replacing Democrat Angelika Schroeder, who is term-limited and is part of the majority willing to overturn local school districts when they deny charter school applications.

That’s dialing up the pressure in the 8th District, where neither Democrats nor Republicans have a true advantage. The district is a political toss-up, meaning either candidate could win. 

Solis beat her Republican opponent in 2022 by less than 2,000 votes, or just shy of 1 percentage point. The American Constitution Party candidate received 5,367 votes.

A win for Navarro this year would mean a win for charter schools, maintaining the board majority that is likely to side with charter schools when they are denied by school districts. A victory for Solis, meanwhile, would swing the board majority in the other direction. 

“This becomes a more important race,” Schoales said. “This particular position, depending on who it is, would be a deciding vote.”

Why Solis questions charter schools and why Navarro is a strong advocate

Solis, elected in 2022 as the first board member to represent the 8th District, acknowledges that some charter schools in Colorado are seeing success in educating students, but she has concerns about charter schools not enrolling a diverse body of students or being transparent, particularly with where all their funding comes from.

“If we’re going to have these conversations and really have valid conversations, then we need to really make sure we’re being transparent and accountable and there might have to be certain legislation to make sure we’re getting accurate information from charters,” said Solis, who previously served two terms on the Greeley-Evans District 6 school board.