Senate Committee on Education (04/15/2009)

Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON EDUCATION

Date:	04/15/2009	ATTENDANCE

Time:	10:43 AM to 11:51 AM	Groff	*
		Heath	X
Place:	SCR 354	Hudak	X
		King K.	X
This Meeting was called to order by		Scheffel	X
	Senator Bacon	Spence	*
		Romer	*
This Report was prepared by		Bacon	X
	Jennifer Thomsen
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB09-257 HB09-1065		Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations

10:43 AM -- Senate Bill 09-257

Senator Schwartz, sponsor of Senate Bill 09-257, presented her bill to the committee. The bill, which was recommended by the Joint Select Committee on Job Creation and Economic Growth, makes a number of changes to the "Building Excellent School Today Act" (BEST) to allow for more efficient implementation of the act. Senator Schwartz explained that the bill is a clean-up of the BEST legislation that was passed in the 2008 legislative session.

10:47 AM

Senator Schwartz responded to questions from the committee.

10:48 AM

The following person testified:

10:49 AM -- Mary Wickersham, representing the Office of the State Treasurer, testified in support of the bill. She provided a handout (Attachment A) containing an analysis of BEST certificates of participation (COPs). Ms. Wickersham spoke to an earlier question from Senator Hudak about the BEST Board. She responded to comments from Senator Romer about the savings that would be realized under the provisions of the bill. Ms. Wickersham and Senator Romer discussed charter school capital construction. Ms. Wickersham talked about the statewide needs assessment required under the BEST legislation. She explained what is being funded by grants approved in February by the BEST board. She said the board expects many charter school applications in the 2010 grant cycle.

10:55 AM

Committee questions for the witness continued, with Ms. Wickersham responding to a question from Senator Hudak about the list of school capital needs that was under consideration prior to the passage of BEST. Ms. Wickersham described what would be funded under the upcoming COP in June and she talked about the jobs that would be created in new school construction. Senator Schwartz weighed in on Senator Hudak's question as well. Senator Hudak also asked for information about the condition of schools that are being replaced or repaired under BEST, which Ms. Wickersham provided. Senator Schwartz described schools she visited in the San Luis Valley, talking about fire safety and air quality issues.

11:02 AM

Ms. Wickersham explained amendment L.001 (Attachment B). She responded to committee questions about the amendment, providing clarification to Senator Hudak about the effect of the amendment. Senator Bacon commented on the issues raised in the amendment as well.


BILL:	SB09-257
TIME:	11:06:36 AM
MOVED:	Heath
MOTION:	Moved amendment L.001 (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


BILL:	SB09-257
TIME:	11:07:09 AM
MOVED:	Heath
MOTION:	Refer Senate Bill 09-257, as amended, to the Committee of the Whole with a recommendation that it be placed on the consent calendar. 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

11:08 AM -- House Bill 09-1065

Senator Spence, sponsor of House Bill 09-1065, presented her bill creating an educator identifier pilot program. The bill was first considered by the committee on March 12, 2009, and was considered again on April 2, 2009.

Senator Spence explained amendment L.017 (Attachment C), which changes the program from an educator identifier pilot program to an educator identifier system. She described each provision of the amendment in detail. The committee discussed the language on page four of the amendment, lines 19 through 22, specifically discussing the use of the term "individual educators."

11:17 AM

Senator Spence continued her description of amendment L.017.

Senator Bacon announced that, although the bill was being heard for action only, stakeholders were invited to testify to amendment L.017.

11:19 AM -- Matt Gianneschi, representing the Office of the Governor, testified in support of the amendment. He said the Colorado Department of Education (CDE), the Denver Public Schools, and the Colorado Education Association (CEA) have been negotiating in good faith to address the concerns of all parties.

11:21 AM -- Dan Daly, representing CEA, testified to the amendment. He spoke to Senator Romer's earlier questions around use of the term "individual educators." He said CEA does not oppose changing the term to "individual teachers." He clarified that CEA supports the amendment and responded to a comment from Senator Romer.

11:24 AM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified to the amendment. He spoke to the issue of using the term "individual educators" instead of "individual teachers." Mr. Caughey responded to committee questions.

11:28 AM -- Rich Wenning, representing CDE, testified to the amendment. Mr. Wenning said CDE supports the amendment in its current form. Mr. Wenning responded to committee questions.

11:31 AM

President Groff commented that questions about the language of the amendment should not hold the bill up in the committee. He said the bill could be held on the second reading calendar as needed to negotiate the language.

11:32 AM -- Toni Larson, representing Independent Higher Education of Colorado, testified to the amendment. She said she hopes the term "teacher preparation programs" can be changed to "educator preparation programs." Dr. Larson responded to committee questions and the committee discussed the definition of "educator" set forth in the amendment.

11:36 AM -- Rich Wenning, representing CDE, returned to the table to respond to committee questions about the use of the word "educator" instead of the word "teacher".

11:38 AM -- Brad Jupp, representing Denver Public Schools, testified on the amendment. He spoke to the issue of the use of the word "teachers" versus the word "educators" on page four of the amendment, line 22. He said he believes use of the word "educators" establishes a new cause of action if a principal is dismissed.


BILL:	HB09-1065
TIME:	11:42:14 AM
MOVED:	Spence
MOTION:	Moved amendment L.017 (Attachment C), 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:	HB09-1065
TIME:	11:45:16 AM
MOVED:	Spence
MOTION:	Moved an amendment to amendment L.017. Page 5, line 14, strike "CONSULTATION" and substitute "COLLABORATION". 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:	HB09-1065
TIME:	11:44:49 AM
MOVED:	Heath
MOTION:	Moved an amendment to amendment L.017. Page 5, line 16, strike "TEACHER" and substitute "EDUCATOR". 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:	HB09-1065
TIME:	11:42:59 AM
MOVED:	Hudak
MOTION:	Moved an amendment to amendment L.017. Page 3, line 32 and line 33, strike "TEACHER" and substitute "EDUCATOR". 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:	HB09-1065
TIME:	11:42:26 AM
MOVED:	Romer
MOTION:	Moved an amendment to amendment L.017. Page 4, line 22, strike "EDUCATORS" and substitute "TEACHERS". 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:	HB09-1065
TIME:	11:45:50 AM
MOVED:	Spence
MOTION:	Moved amendment L.015 (Attachment D). 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


BILL:	HB09-1065
TIME:	11:48:56 AM
MOVED:	Spence
MOTION:	Moved an amendment to the reengrossed bill. Page 1, line 103, strike "PILOT PROGRAM," and substitute "SYSTEM,". 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:	HB09-1065
TIME:	11:51:10 AM
MOVED:	Spence
MOTION:	Refer House Bill 09-1065, 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

11:51 PM

The committee adjourned.