Bill Summary for Bill Number SB09-256

Date: 04/01/2009

Final
BILL SUMMARY for SB09-256

SENATE COMMITTEE ON EDUCATION

Votes: View-->

Action Taken:

Moved amendment L.001 (Attachment C). The motion
Moved amendment L.002 (Attachment A). The motion
Moved amendment L.004 (Attachment D). The motion
Moved amendment L.005 (Attachment E), as amended.
Moved amendment L.006 (Attachment G). The motion
Moved amendment L.009 (Attachment H). The motion
Moved amendment L.010 (Attachment I). The motion
Moved amendment L.011 (Attachment K). The motion
Moved amendment L.012 (Attachment N). The chair r
Moved amendment L.013 (Attachment L). The motion
Moved amendment L.014 (Attachment M). The motion
Moved amendment L.015 (Attachment B). The motion
Moved amendment L.016 (Attachment F), as amended.
Moved amendment L.017 (Attachment J). The motion
Moved an amendment to amendment L.005 to alter the
Moved an amendment to amendment L.016. Strike lin
Refer Senate Bill 09-256, as amended, to the Commi

PASS
Pass Without Objection
PASS
PASS
PASS
TIE
PASS
Pass Without Objection
TIE
TIE
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
Pass Without Objection
PASS

10:30 AM -- Senate Bill 09-256

Senator Romer, co-prime sponsor of Senate Bill 09-256 with Senator Bacon, presented the bill to the committee. The bill concerns the financing of public schools.

Senator Romer talked about the needs of at-risk children in the public education system.

10:38 AM

Senator Romer asked the drafters, Nicole Myers and Julie Pelegrin, Office of Legislative Legal Services, to come to the table to walk the committee through the bill. Ms. Myers began, describing section one of the bill, which addresses the requirements of Amendment 23. Ms. Pelegrin talked next about sections two, three, and four of the bill, which deal with district centers of excellence. She explained that they are funded by reducing the size factor.

Senator Bacon and Senator King each noted that they would offer an amendment with regard to the funding for district centers of excellence. Senator Romer commented on these provisions as well, talking about an amendment he would offer.

10:43 AM

Ms. Myers spoke next to section five of the bill, which addresses funding for kindergarten and section six, which eliminates the requirement that districts set aside moneys for instructional supplies and materials and capital needs. She continued, saying the next section of the bill addresses school district "de-Brucing." She said section eight addresses mill levy overrides.

10:46 AM

Ms. Pelegrin said section ten of the bill addresses a situation related to funding for institute charter schools. She explained that it addresses a possible situation in Eagle County. Ms. Pelegrin continued by describing section 11, which clarifies provisions around contracting for services.

Ms. Pelegrin continued, moving to sections 12, 13, and 15, which she said, address at-risk funding for charter schools. She responded to a question from Senator Bacon about the difference between total program and per pupil funding. She responded to additional requests for clarification from Senator King and from Senator Bacon. Discussion on the at-risk funding provisions in the bill ensued.

10:52 AM

Ms. Pelegrin responded to a number of questions from Senator King around the language in section 12 of the bill.

Ms. Pelegrin continued her presentation, explaining section 14 of the bill, which is a hold-harmless related to at-risk funding for charter schools. She responded to a request for clarification of the hold-harmless provisions from Senator Hudak. Conversation between Senator Hudak and Ms. Pelegrin on the issue of the hold-harmless provisions ensued.

10:57 AM

Ms. Pelegrin continued, speaking to sections 15 through 19 of the bill.

Senator Romer commented that the bill gives school districts more flexibility in handling their budgets. He said his amendment L.002 (Attachment A) would allow districts to use buildings as TABOR reserves. Senator Romer spoke to the provision in the bill that would reduce the size factor for at-risk student funding.

11:03 AM

Senator Romer explained the provisions of amendment L.002. He said the amendment creates an emergency reserve, and he explained the amendment's provisions. Jason Gelender, Office of Legislative Legal Services, joined Senator Romer to respond to questions about the amendment. Senator Romer also spoke to the provisions of the amendment addressing certificates of participation.

11:07 AM

Senator Romer responded to a question from Senator King regarding the impact of the amendment on current practice. Conversation between Senators Romer and King on the amendment ensued. Senator Romer said the intent of the amendment is to give districts as much flexibility as possible.

11:14 AM

Todd Herreid, Legislative Council Staff, came to the table to respond to questions from Senator King about the fiscal note. Discussion about the hold-harmless provisions of the bill between Mr. Herreid and Senator King ensued. Senator Hudak weighed in on the conversation as well, explaining current at-risk funding for charter school students. Committee discussion about funding for at-risk charter school students ensued. Mr. Herreid clarified the assumptions used in the fiscal note with regard to these provisions. Conversation between Senator Hudak and Mr. Herreid ensued.

11:23 AM

Committee discussion on the fiscal note and the hold-harmless provisions continued, with further questions from Senator King.

11:25 AM

Vody Herrmann, Colorado Department of Education (CDE), came to the table to speak to the committee's questions around the hold-harmless provisions of the bill. She explained the distribution formula and the hold-harmless provisions. Senator Romer joined the discussion, talking about the importance of the hold-harmless provisions and at-risk funding for charter schools.

11:30 AM

Committee discussion with Senator Romer, Ms. Herrmann, and Mr. Herreid continued, with committee members seeking additional clarification of the hold-harmless provisions.

11:35 AM

Ms. Pelegrin returned to the table to speak to the committee's questions. She provided an explanation of the provisions, clarifying that the hold-harmless consists of new moneys. She responded to committee questions and provided additional clarification. Senator Romer responded to the questions as well, explaining that the provisions provide a phase out.

11:43 AM

The following persons testified:

11:44 AM -- Scott Groginsky and Nina Lopez, representing the Colorado Children's Campaign, testified on the bill. Mr. Groginsky said the Children's Campaign supports many provisions of the bill, but has concerns about the provisions around at-risk funding for charter school students.

Senator Romer responded to Mr. Groginsky's comments, talking about the administrative burden on charter schools. Ms. Lopez spoke to Senator Romer's comments, saying the Children's Campaign is not opposed to transparency and having funds follow students, but attempting this in a piecemeal way causes concern.

11:50 AM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill. She noted that her members have not had much opportunity to review the bill, and said the bill does not meet all of their expectations and needs. Dr. Urschel described concerns with the bill, including a concern that it does not address declining enrollment districts and does not address time as a variable in standards-based assessments. She expressed concern that requiring students to register with College in Colorado might create two tracks for students. She talked about funding for centers of excellence.

11:56 AM

Senator Romer responded to Dr. Urschel's testimony, talking about the opportunity to address the funding cliff issue and about the importance of being bold.

12:00 PM -- Bill McCreary, representing the Thompson School District Board of Education, testified in support of the bill with changes. Mr. McCreary expressed support for the 1994 School Finance Act, and its equity for school districts. He said the centers of excellence in the bill are an excellent idea, and expressed hope that new money could be found for that purpose. Mr. McCreary said that growth modeling is a benefit to the discussion of what educational success looks like. He spoke to the provisions related to the mill levy overrides and the elimination of the requirement that districts set aside moneys for instructional supplies and materials and capital needs. Mr. McCreary addressed the charter school funding provisions of the bill, saying he would advocate that the averaging be set at three years.

Senator Romer responded to the testimony, speaking about the flexibility provided to districts under the bill. Senator Heath asked Senator Romer to speak to Mr. McCreary's suggestion about the averaging used for the hold-harmless.

12:08 PM -- Karen Wick, representing the Colorado Education Association (CEA), testified, noting that CEA has not yet taken a position on the bill. She outlined a number of provisions that CEA supports in the bill and expressed a number of concerns. She said the centers of excellence provisions work against the provisions of Senate Bill 09-163 and talked about using other measures in addition to Colorado Student Assessment Program (CSAP) scores. Ms. Wick expressed support for at-risk funding following at-risk students, and expressed concern about the cost of the hold-harmless provisions. Ms. Wick said CEA supports flexibility for districts under the bill and the lifting of the mill levy cap.

12:15 PM

Senator Bacon responded to Ms. Wick's testimony, as did Senator Romer, speaking to the concerns expressed around high-stakes testing. Senator Romer also talked about the balance between flexibility and funding for centers of excellence.

12:17 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified. He noted that CASE has not yet taken a position on the bill. He commented that Colorado would likely be at the bottom in terms of per-pupil funding, of the states that have a chance at federal Race to the Top funding. Mr. Caughey expressed some concerns about the bill, including a concern about integrating the education reform that has already happened before moving forward. He talked about the TABOR reserve provisions of the bill and the provisions around College in Colorado.

12:23 PM -- Wilson Hatcher, representing Academy School District 20, testified in support of the bill with changes. Mr. Hatcher described scenarios in charter school at-risk funding and how they would be impacted by the hold-harmless provisions of the bill. He suggested that school districts be included in the hold-harmless provisions.

Mr. Hatcher responded to a question from Senator Romer about the dollar amount of the impact on the school districts of the hold-harmless.

12:26 PM -- Mike Miles, representing Harrison School District 2 and the Pikes Peak Alliance, testified in support of the bill with changes. He expressed support for the provisions regarding at-risk funding. He then talked about the centers for excellence provisions of the bill, expressing some concerns around how achievement is judged, saying an amendment may address this concern. He also talked about what it takes to fund the education of an at-risk child and he said the return on investment would be better if approached systemically.

Ms. Pelegrin responded to a question from Senator Bacon about centers of excellence funding. Senator Romer responded to Mr. Miles' testimony.

12:34 PM -- Jim Griffin, representing the Colorado League of Charter Schools, testified. He spoke to the at-risk funding provisions in the bill and said other revenues should follow charter school students to their schools. Mr. Griffin talked about difficulties in counting kids eligible for free and reduced-price lunch in charter schools, many of which do not have school lunch programs.

Senator Romer responded to Mr. Griffin's testimony.

12:42 PM -- Richard Wenning , representing the CDE, testified. Senator Romer asked Mr. Wenning to speak to amendment L.015 (Attachment B), which addresses centers of excellence. He spoke to use of growth measures and other measures that could be used. Mr. Wenning talked about the correlation between the 10th grade CSAP and ACT scores.

Senator Romer asked Mr. Wenning to comment on the impact of the centers of excellence provisions on the state's chance for Race to the Top dollars. Mr. Wenning also responded to a question from Senator Hudak about the alignment of the provisions of the bill with Senate Bill 09-163.

12:49 PM

Senator Romer made comments to the bill talking about the cliff effect in funding, as well as the concept of "thorough and uniform" education.


BILL:	SB09-256
TIME:	12:53:16 PM
MOVED:	Romer
MOTION:	Moved amendment L.002 (Attachment A). The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

12:54 PM

Senator King noted he has several amendments, and began by discussing amendment L.001 (Attachment C), which he said addresses charter school capital funding.


BILL:	SB09-256
TIME:	12:55:43 PM
MOVED:	King K.
MOTION:	Moved amendment L.001 (Attachment C). The motion passed on a 7-1 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	No
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	Yes

Not Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:00 PM

Senator King described amendment L.004 (Attachment D), which addresses at-risk funding. The committee discussed the amendment.


BILL:	SB09-256
TIME:	01:09:51 PM
MOVED:	King K.
MOTION:	Moved amendment L.004 (Attachment D). The motion passed on a 5-3 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	No
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	No
	Bacon	No

Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:10 PM

Senator King explained L.005 (Attachment E), which lowers the eligibility threshold for centers of excellence funding to 40 percent at-risk enrollment. The committee discussed the amendment, with Senator Bacon speaking to an amendment he would offer on this topic. Ms. Pelegrin responded to questions about how the two amendments will work together.


BILL:	SB09-256
TIME:	01:16:23 PM
MOVED:	King K.
MOTION:	Moved amendment L.005 (Attachment E), as amended. The motion passed on a 7-1 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	No
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	Yes

Not Final YES: 7 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-256
TIME:	01:17:44 PM
MOVED:	King K.
MOTION:	Moved an amendment to amendment L.005 to alter the numbers to equal $3 million. The motion passed on an 8-0 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	Yes
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	Yes

Not Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	SB09-256
TIME:	01:19:13 PM
MOVED:	Bacon
MOTION:	Moved amendment L.016 (Attachment F), as amended. The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-256
TIME:	01:19:18 PM
MOVED:	Bacon
MOTION:	Moved an amendment to amendment L.016. Strike line 1; change line 2 to read "Amend printed bill, page 7, after line 9, insert the following:". The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

01:20 PM

Senator King described amendment L.006 (Attachment G), which changes the hold-harmless provisions. The committee discussed the amendment.


BILL:	SB09-256
TIME:	01:20:15 PM
MOVED:	King K.
MOTION:	Moved amendment L.006 (Attachment G). The motion passed on a 5-3 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	No
	Hudak	No
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	No

Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:22 PM

Senator King and Senator Romer discussed size-factor funding.

Senator King described amendment L.009 (Attachment H), which addresses the maintenance of effort. The committee discussed the amendment.


BILL:	SB09-256
TIME:	01:23:15 PM
MOVED:	King K.
MOTION:	Moved amendment L.009 (Attachment H). The motion was WITHDRAWN.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

1:24 PM

Senator King described amendment L.010 (Attachment I), which removes the "de-Brucing" provisions of the bill. The committee discussed the amendment.


BILL:	SB09-256
TIME:	01:25:38 PM
MOVED:	King K.
MOTION:	Moved amendment L.010 (Attachment I). The motion passed on a 6-2 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	No
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	No

Not Final YES: 6 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

1:25 PM

Senator King described amendment L.017 (Attachment J), which allows the State Land Board to lease state lands to charter schools.


BILL:	SB09-256
TIME:	01:26:35 PM
MOVED:	King K.
MOTION:	Moved amendment L.017 (Attachment J). The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

1:26 PM

Senator Romer described amendment L.011 (Attachment K), which changes the mill levy override provisions.


BILL:	SB09-256
TIME:	01:27:54 PM
MOVED:	Romer
MOTION:	Moved amendment L.011 (Attachment K). The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

1:28 PM

Senator Bacon described amendment L.013 (Attachment L), which gives wider latitude to school districts to use the mill levy override. The committee discussed the amendment.


BILL:	SB09-256
TIME:	01:28:22 PM
MOVED:	Bacon
MOTION:	Moved amendment L.013 (Attachment L). The motion was WITHDRAWN.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

1:29 PM

President Groff explained amendment L.014 (Attachment M), which creates a charter boarding school for at-risk students.


BILL:	SB09-256
TIME:	01:29:33 PM
MOVED:	Groff
MOTION:	Moved amendment L.014 (Attachment M). The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

1:30 PM

Senator Romer explained that amendment L.015 (Attachment B) was discussed earlier.


BILL:	SB09-256
TIME:	01:31:38 PM
MOVED:	Romer
MOTION:	Moved amendment L.015 (Attachment B). The motion passed without objection.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

1:31 PM

Senator Scheffel described amendment L.012 (Attachment N), which inserts the provisions of Senate Bill 09-057 into the bill. The chair ruled that the amendment does not fit under the title of the bill.


BILL:	SB09-256
TIME:	01:32:17 PM
MOVED:	Scheffel
MOTION:	Moved amendment L.012 (Attachment N). The chair ruled that the amendment does not fit under the title.
SECONDED:
		VOTE
	Groff
	Heath
	Hudak
	King K.
	Scheffel
	Spence
	Romer
	Bacon

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	SB09-256
TIME:	01:35:38 PM
MOVED:	Romer
MOTION:	Refer Senate Bill 09-256, as amended, to the Committee on Appropriations. The motion passed on an 8-0 vote.
SECONDED:
		VOTE
	Groff	Yes
	Heath	Yes
	Hudak	Yes
	King K.	Yes
	Scheffel	Yes
	Spence	Yes
	Romer	Yes
	Bacon	Yes

Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

01:36 PM

The committee adjourned.