Bill Summary for Bill Number SB10-191

Date: 05/06/2010

Final
BILL SUMMARY for SB10-191

HOUSE COMMITTEE ON EDUCATION

Votes: View-->

Action Taken:

Moved Amendment L.111 (Attachment Q). The amendmen
Moved amendment L.118 (Attachment H). The motion
Moved amendment L.119 (Attachment I). The motion
Moved amendment L.126 (Attachment K). The motion
Moved amendment L.127 (Attachment J). The motion
Moved amendment L.128(Attachment L). The motion p
Moved amendment L.129 (Attachment M). The motion
Moved amendment L.130 (Attachment N). The motion
Moved amendment L.131 (Attachment O). The motion
Moved amendment L.132 (Attachment P). The motion
Moved to refer Senate Bill 10-191, as amended, to

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

08:50 PM -- Connie Anderson, representing herself, testified against the bill. She shared her experience as an educator and a business professional.

08:57 PM -- Ricardo Martinez, representing Padres Unidos, testified in support of the bill because he believes the current system is not working. He also expressed concern about the CSAP. He stated that it is not an anti-teacher bill, but a pro-student bill.

09:02 PM -- Jenny Campbell, representing herself, testified against the bill. She noted the importance of quality instruction. She shared the accomplishments of her students that are not measured by assessments.

09:08 PM -- Kelly Brough, representing the Denver Metro Chamber, testified in support of the bill and provided a written copy of her testimony (Attachment F). She responded to questions from the committee.

09:19 PM -- Eileen Bond, representing herself, testified against the bill. She shared her experience as an educator.

09:25 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill. She stated the bill is about systemic reform. She responded to questions from the committee about the issue of local control and unfunded mandates.

09:36 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified in support of the bill. He stated that the bill moves from inputs to outputs. He explained CASE's support for the bill, based on amendments passed in the Senate.

09:41 PM -- Dale McCall, representing Colorado BOCES, testified in support of the bill. He noted that there is concern among his members, but he believes those can be worked out as the bill is implemented. He raised the issue of how a rural school district that has superintendent and principal as the same person. He responded to questions from the committee about the effect on rural districts.

09:50 PM

Representative Massey commented about budget cuts and the effect it has had on administrative staff, and the burden that this bill represents to rural school districts. He stated this idea polls well, but presented concerns about people understanding the cost. Representative Schafer asked if this bill would be done without the Race to the Top incentive. Ms. Urschel responded that this is not a matter of Race to the Top, but something that needs to be addressed regardless of federal funding incentives. Representative Schafer expressed concern about all the mandates and reforms, that are well-intentioned, and that if state does not win the second round of Race to the Top funding, how this reform will be paid for. Witnesses continued to address comments and questions from the committee members on workload and accountability.

09:58 PM -- Yvonne Bradford, representing herself, testified against the bill. She discussed the results of a survey on teaching conditions, which showed that few principals responded that they currently have the time to review and guide instruction. She discussed the effects of budget cuts in the school district where she teaches.

10:05 PM -- Laurie Zeller, representing A+ Denver, testified in support of the bill on behalf of Federico Pena. She shared a copy of his written testimony (Attachment G). She responded to questions from the committee.

10:13 PM -- Sally Augden, representing the League of Women Voters of Colorado, testified against the bill. She addressed previous testimony and committee discussion on the bill.

10:19 PM -- Rich Wenning, representing CDE and the State Board of Education, testified in support of the bill. He stated the bill strikes a balance between legislation and collaboration. He discussed the timelines in the bill. He stated that the bill provides accountability focused on incentives, learning, and outcomes.

10:22 PM

Mr. Wenning responded to questions from the committee about funding for the bill and that the SBE has asked the legislature to not pass bills with funding that is based on gifts, grants, and donations (GGD). Representative Merrifield expressed concern about using GGD because of the possibility for politicizing the implementation of the program. Mr. Wenning stated that the bill is important regardless of the Race to the Top grant, but that those funds provide an opportunity to implement many of the reforms.

10:26 PM

Representative Benefield asked Mr. Wenning about taking funding from Read to Achieve, a program with which she has worked closely, and noted the success of the program. Mr. Wenning expressed the department's support of the program and that the money is coming from unspent balances. Representative Benefield also asked Mr. Wenning about the resource bank, and why there was a cost associated with the resource bank established in House Bill 10-1430, concerning student assessments, and this bill. Mr. Wenning described the differences in the resource bank from House Bill 10-1430 and Senate Bill 10-191.

10:38 PM
Representative Solano asked how the state can justify passing Senate Bill 10-212 with no fiscal cost attached to it, and now justify teacher evaluation system with no money. She stated that in the out years, the legislature will realize what the cost is. She expressed concern about laying off teachers and then passing legislation in the hopes of GGD. Representative Murray responded that the legislature is passing the legislation, not the department. Mr. Wenning responded, discussing the policy agenda presented in the Race to the Top application, and that the statutes catalyze what the state aspires to do in education.

10:45 PM

Representative Solano expressed concern that the education reform legislation that is being passed is not in line with what the public wants. She also discussed the lack of progress on assessments and other education reforms that have not improved achievement. Representative Todd asked if it is important to have teacher support for the second round proposals for Race to the Top. He noted having the support with a strong reform agenda is better than not. He believes that this bill strengthens the reform piece of the application.

10:53 PM

Representative Peniston expressed concern with Mr. Wenning's comments that statute is what the legislature aspire to. She stated that statute is what the state has to live by and implement. Representative Massey responded to earlier comments by Representatives Solano and Merrifield about ineffective education policy. He stated that he believes that this bill is an appropriate change. He also commented on what he believes the public wants to see - students ready to enter the workforce. Representative Middleton asked if it would be possible to discuss the bill without Race to the Top and deal with the merits of the bill. Representative Schafer stated that she is not comfortable separating the two concepts. Discussion on this topic ensued.

11:00 PM

The committee recessed.

11:34 PM

The committee came back to order.


BILL:	SB10-191
TIME:	11:38:07 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.118 (Attachment H). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:39:01 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.119 (Attachment I). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:39:45 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.127 (Attachment J). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:40:31 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.126 (Attachment K). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:42:13 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.128(Attachment L). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:42:57 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.129 (Attachment M). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:43:43 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.130 (Attachment N). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:44:05 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.131 (Attachment O). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:45:52 PM
MOVED:	Scanlan
MOTION:	Moved amendment L.132 (Attachment P). The motion passed without objection.
SECONDED:	Murray
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	SB10-191
TIME:	11:48:51 PM
MOVED:	Merrifield
MOTION:	Moved Amendment L.111 (Attachment Q). The amendment was withdrawn.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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

11:54 PM

Representative Summers commented on the withdrawn amendment, noting previous witness testimony. He stated that the council could consider the matter of peer-to-peer evaluation.

11:56 PM

Representative Solano stated that she would be voting no on the bill. She discussed the process by which the bill was brought forward. She contended that the bill does not have anything to do with effective teachers. She noted that, if that were the case, the former teachers on the House Education Committee would be supportive of the bill. She commented on members being excluded from the process. She stated that she believes it has been a dishonest process, particularly noting the use of the word "tenure". She stated that the bill will not help teachers become more effective, rather, it weakens due process. She stated that if it was, it would look at the quality of teacher preparation programs; decreasing class sizes; and increasing support services for teachers. Instead, she noted, funding was cut for education. She stated what her hopes had been for the bill, specifically noting the tools for increasing teacher effectiveness. She further stated that the bill is an unknown unfunded mandate of unknown quantities. She commented on supporters of the bill in light of the other opposition. She stated her opposition to using funds from private foundations for the implementation of the bill. She indicated that the bill scapegoats teachers for the inadequacies of public education. She ended her remarks with a quote from Albert Einstein.

12:03 AM

Representative Todd provided her comments on the bill. She discussed the angst the bill has caused, noting the division the bill has created in the education community. She stated her disappointment. She discussed the amount of debate on the bill and the relative quickness with which the bill has been taken through the legislative process. She stated that she expressed interest in participating in the development of the legislation, but that she felt uninvited once she shared that she did not agree with 100 percent of the bill. She acknowledged that the bill will continue in the process, but she does not believe that the bill will not help students in Colorado. She explained that she believed that there was a process established with the governor's executive order. She stated that this legislation overrides the work of the council and claims to fix the dropout rate and other education problems. She stated that the bill is not about teacher effectiveness, it is about teacher assessment. She stated that she will be voting no, but it troubles her to vote no on a bill about teacher effectiveness. She also addressed previous testimony that this evaluation process is already occurring in the state.

12:10 AM

Representative Massey expressed concern that members are questioning the motives of the bill sponsors. He stated that he believes all members of the committee are advocates for public education. He stated that the bill is about children, not teachers. He stated that this is a conversation that the state has been putting off for a long time. He shared conversations he has had with his constituents about the bill. He explained that this bill allows the state to show effectiveness to enable the state to raise revenue for money. He stated that he believes the process will serve educators well. He expressed his support for the legislation.

12:13 AM

Representative Schafer shared her comments on the bill. She expressed disillusionment with the bill and noted the volume of education reforms that have been passed in good faith to improve student achievement, only for student growth to remain flat. She discussed the state of education funding in Colorado. She also discussed the lack of improving closing the achievement gap. She expressed concern about putting more accountability on the teacher without doing the same for parents and the business community. She stated that without funding she cannot support the bill.

12:15 AM

Representative Summers thanked the sponsors for bringing the bill forward. He expressed appreciation for the dynamics that teachers face in the classroom and the challenging situations that they are presented with. He noted all teachers, regardless of their position on the bill, believe in effectiveness. He stated that the bill establishes a process to take into consider all of the factors that affect teaching. He discussed the concerns of parents with children who are learning below grade level.

12:20 AM

Representative Tipton stated that he is voting for the bill. He noted the importance of accountability for educators. He stated that this bill will be implemented over a number of years. He discussed his thoughts on the council. He stated that everyone is on the same page for effectiveness, and there is just disagreement on how to get there.

12:21 AM

Representative Middleton stated that this is a difficult bill. She stated that she is generally supportive of the concept, but wanted to see the bill be more workable for all members of the committee. She noted the varied people in the public who have been following the legislation. She discussed how this bill relates to the work of Senate Bill 08-212. She expressed concern that leaving work of the council as an executive order could be problematic if the next governor ends it. She stated that she supports the bill, but that she is struggling with the issue of lack of agreement.

12:24 AM

Representative Merrifield stated that the amendments have mitigated the most egregious elements of the bill, but that he would be voting no because he believes that the bill is based on a faulty premise. He stated that he believes that the bill has been set up that the solution for education problems is to get rid of them with bad teachers. He referenced research that states that testing is not a legitimate way to evaluate the worth or effectiveness of teachers. He stated that he believes that evaluations needs to change, but believes the original process was better. He stated that the bill has been done to teachers, not with teachers. He referred to Diane Ravitch's testimony about Colorado not being able to fire its way to effective teachers. He mentioned other metrics that could improve teacher effectiveness, such as decreasing class size. He expressed concern that the bill was not created in a transparent way that included the input of teachers. He stated that this was a missed opportunity to make this change in the right way. He stated his opposition to the bill because he believes it is an insult to his profession.

12:28 AM

Representative Murray addressed previous committee discussion about the lack of teachers supporting the bill, noting that she was a teacher, as was Senator Johnston, the Senate sponsor of the legislation. She noted how her experience as a teacher shaped her position on the bill. She noted Representative Scanlan's experience on a school board. She stated that it is demoralizing to good teachers to work alongside bad teachers. She also addressed the issue of teacher preparation at higher education institutions and that it is a conversation that the state needs to continue to look at. She stated that the bill represents a protection for teachers by instilling objective methods for evaluating teachers and puts principals in a place of needing to support teachers and classroom success. She stated the satisfaction that comes with working on a supportive team of educators and support staff.

12:32 AM

Representative Scanlan thanked Representative Murray for sponsoring the bill with her. She stated that the bill was a result of an ongoing conversation. She thanked stakeholders for working with her to improve the legislation. She stated the bill is a reflection of a lot of good thinking. She commented that no one in education thinks that the status quo is acceptable, and that in Colorado, too many children are failing school. She believes that the answer to that problem is teachers. She stated that teachers have been a scapegoat for years and that mentality must change in order to attract bright professionals to teaching. She stated that the bill is a paradigm shift. She also addressed her fellow Democrats on the committee. She said that the bill is a calling for her because of how she feels about education. She believes it is what the state needs to do and that it will help kids.


BILL:	SB10-191
TIME:	12:35:28 AM
MOVED:	Scanlan
MOTION:	Moved to refer Senate Bill 10-191, as amended, to the Committee on Appropriations. The motion passed on a 7-6-0 vote.
SECONDED:	Murray
		VOTE
	Benefield	No
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	No
	Scanlan	Yes
	Schafer S.	No
	Summers	Yes
	Tipton	Yes
	Todd	No
	Solano	No
	Merrifield	No

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

12:37 AM

The committee adjourned.