House Committee on Education (05/06/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	05/06/2010	ATTENDANCE

Time:	01:48 PM to 12:37 AM	Benefield	X
		Massey	X
Place:	SupCt	McNulty	X
		Middleton	X
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	X
		Scanlan	*
This Report was prepared by		Schafer S.	X
	Katey McGettrick	Summers	X
		Tipton	X
		Todd	X
		Solano	*
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-161 SB10-003 SB10-191 SB10-191		Amended, Referred to Appropriations Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Amended, Referred to Appropriations

01:48 PM -- Senate Bill 10-161

Representative Merrifield called the committee to order. Senate Bill 10-161 was considered for action only. For previous committee discussion and witness testimony, please refer to the House Education Committee hearing on Wednesday, May 5, 2010.


BILL:	SB10-161
TIME:	01:48:48 PM
MOVED:	Middleton
MOTION:	Moved amendment L.007 (Attachment A), as amended (see vote sheet below). The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan	Excused
	Schafer S.
	Summers
	Tipton
	Todd
	Solano	Excused
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-161
TIME:	01:50:18 PM
MOVED:	Middleton
MOTION:	Moved amendment L.008 (Attachment B). The motion passed without objection.
SECONDED:	Merrifield
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan	Excused
	Schafer S.
	Summers
	Tipton
	Todd
	Solano	Excused
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

01:51 PM

Representative Massey concluded his remarks on the bill and asked for the committee's support.


BILL:	SB10-161
TIME:	01:51:19 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 10-161, as amended, to the Committee on Appropriations. The motion passed on a 9-3-1 vote.
SECONDED:	McNulty
		VOTE
	Benefield	No
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Excused
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Yes
	Solano	No
	Merrifield	No

Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:56 PM -- Senate Bill 10-003

Representative May and Representative Middleton, co-prime sponsors of Senate Bill 10-003, concerning higher education flexibility, presented the bill to the committee. She addressed the protections for low- and middle-income students in the bill. She also discussed the provisions in the bill pertaining to international students, and added that there are assurances in the bill so that Colorado students are not displaced.

01:59 PM

The following people testified on the bill:

01:59 PM -- Rico Munn, representing the Colorado Department of Education, testified in support of the bill.

02:01 PM -- Frank Waterous, representing the Bell Policy Center, testified in support of the bill and provided a copy of his written testimony to the committee (Attachment C). He addressed areas of concern his organization has about the bill, specifically discussing the importance of providing additional aid to students in giving the institutions increased tuition flexibility.

02:05 PM -- George Walker, representing himself, testified against the bill. He expressed concern that the bill represents a step toward privatization of the state's higher education system. He discussed budget issues and how they affect education.


BILL:	SB10-003
TIME:	02:09:04 PM
MOVED:	Middleton
MOTION:	Moved amendment L.046 (Attachment D). The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan	Excused
	Schafer S.
	Summers
	Tipton
	Todd
	Solano	Excused
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB10-003
TIME:	02:09:34 PM
MOVED:	Middleton
MOTION:	Moved amendment L.047 (Attachment E). The motion passed without objection.
SECONDED:	McNulty
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan	Excused
	Schafer S.
	Summers
	Tipton
	Todd
	Solano	Excused
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

02:10 PM

Representative Middleton concluded her remarks on the bill, and addressed witness testimony that expressed concern about the funding for education. Representative May also provided closing remarks on the bill, noting the strategic planning process now in place.


BILL:	SB10-003
TIME:	02:12:37 PM
MOVED:	Middleton
MOTION:	Moved to refer Senate Bill 10-003, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:	Todd
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Excused
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:14 PM

The committee recessed.

02:30 PM -- Senate Bill 10-191

Representative Scanlan, co-prime sponsor of Senate Bill 10-191, concerning principal and teacher effectiveness, provided opening remarks on the bill. She reviewed the major provisions of the bill. She addressed concerns raised by the opponents of the bill. She stated that the intent of the bill is not to be punitive, but to legitimize the teaching profession.

02:36 PM

Representative Murray, co-prime sponsor of the bill, also provided opening remarks on the bill. She discussed the art and science of teaching, and how the bill provides the science part of the equation for ensuring effective teachers. She addressed the provisions related to principal accountability in the bill. She stated that she hopes that the bill creates a positive environment for teachers.

02:40 PM

Representative Summers asked the sponsors to address concerns about what happens to nonprobationary teachers that are reverted to probationary status. Representative Scanlan responded that after two years of ineffectiveness, there is a third year for improvement. If after the third year, there in no improvement, then the principal would have discretion to determine what would happen then. Representative Peniston asked how the bill interacts with union contracts that deal with dismissal. Representative Schafer commented that the parent is the first teacher for a student, and whether the sponsors could address that issue. Representative Scanlan responded that the witnesses should be able to address that issue.

02:45 PM

Representative Benefield asked the sponsors to address what the bill means by multiple measures for teacher effectiveness and for teachers who do not teach subjects tested on the Colorado Student Assessment Program (CSAP). Representative Scanlan responded that the measures could include quizzes and end of semester tests. She noted the importance of having measures other than CSAP. She stated that the State Council for Educator Effectiveness (the council) will also look at that issue, instead of legislating it in statute. Representative Benefield asked if there should be a standardized measure as part of the evaluation. Representative Scanlan responded that for the growth model, CSAP is the only measure and does not test every area. She stated that the council will look at those issues to ensure that all subjects can be evaluated. Representative Benefield expressed concern about using CSAP when it is widely recognized a questionable assessment, and where the funding will come for developing a standardized tool for evaluating teachers.

02:51 PM

Representative Murray responded to her comments, noting that with or without the bill, the problem she has identified exists. She explained that the Colorado Department of Education (CDE) is on a path to improve the assessments. Representative Scanlan also responded, stating that the department could address that issue more.

02:54 PM

The following people testified:

02:55 PM -- Brenda Smith, Courtney Smith, and Amanda Sheets, representing AFT Colorado, introduced themselves to the committee. Ms. B. Smith addressed the committee, discussing the importance of effective teachers. She discussed the changes in the bill that led AFT Colorado to support the bill.

03:01 PM -- Amanda Sheets, representing AFT Colorado, testified in support of the bill and shared her experience as a probationary teacher. She responded to questions from the committee on how she suggests she would be assessed, given that she teaches K-6 science.

03:03 PM -- Courtney Smith testified in support of the bill.

03:04 PM -- Cliff Stahl, representing the Douglas County School Board, testified in support of the bill. He responded questions from the committee regarding the cost of implementation. He responded that it is difficult to quantify at this time, but approximately $500,000 to start with. Discussion ensued about the cost of the program, the recent teacher layoffs, and unfunded mandates.

03:08 PM

Representative Solano asked Ms. B. Smith if she believes this type of legislation is representative of a national movement that the national organization supports. Representative Solano discussed a recent article published in The Weekmagazine, which quoted federal education reform efforts of the Obama administration and that the national AFT President Randi Weingarten objected to the blueprint. Ms. B. Smith responded that she believes she is referring to a piece on the Elementary and Secondary Education Act (ESEA), not on teacher effectiveness. Discussion between Ms. B. Smith and Representative Solano on the article ensued.

03:11 PM

Representative Benefield asked Mr. Stahl how much Douglas County School District (DCSD) is cutting from their budget. Mr. Stahl responded $31 million. Representative Benefield asked how many administrator positions have been cut. He responded that 60 administrator positions have been cut. Representative Benefield expressed concern that school districts do not have the ability to assess educators with the amount of cuts school districts are seeing. Discussion on this topic ensued between Mr. Stahl and Representative Benefield.

03:17 PM

Ms. B. Smith provided clarification on the cost of the evaluation system versus the cost to implement a pay for performance system. Mr. Stahl also discussed the board's work to enhance the pay for performance system to pay teachers more in the future. He also discussed how the district decides to lay off teachers, which is by probationary status. Representative Todd commented that DCSD is already implementing this without the legislation. She asked the witnesses to discuss the evaluation process. Ms. Sheets responded how her performance is evaluated, noting that the principal and assistant principal visit the classroom often.

03:21 PM

Representative Tipton asked how DCSD measures on CSAP. Mr. Stahl responded that the district performs highly. Representative Tipton asked if,under the current system, is there a difference between an effective teacher and an ineffective teacher when considering hiring and firing decisions, or if it is more about time served. Representative Schafer asked the AFT members about the system enacted in Florida, which has now been repealed. Representative Schafer quoted Ms. Weingarten, national AFT president, on her opposition to the Florida program and asked Ms. B. Smith to comment on the differences between this bill and the Florida system.

03:26 PM

Representative Summers asked the witnesses to comment on peer review practices in the district. Ms. B. Smith responded that it is part of the review system, known as peer assistance and review. Representative Peniston asked the witnesses if they felt that the effective teachers in their school district would perform at the same level as a school district with higher percentages of free- and reduced-lunch. Committee discussion on this topic ensued.

03:37 PM

Ms. Sheets weighed in, discussing her experience working with at-risk populations. She said that she believes the bill allows school districts to create its own evaluation systems. Representative Massey asked the sponsors if school districts can develop their own measures, and weigh those measures as they see fit. Representative Scanlan discussed the issue of student poverty, noting that is not a factor that may be considered in teacher evaluations, unless the classroom meets a 95 percent threshold.

03:43 PM

Representative Solano asked how the sponsors determined 95 percent threshold and asked how many school district fit that definition. Representative Scanlan responded that she would be open to amending that provision of the bill.

03:46 PM -- Charlotte Cianco, representing Mapleton Public Schools, testified in support of the bill. She discussed the issues that arise of the current system, which only permits for three years to decide to make a teacher nonprobationary or probationary.

03:48 PM -- Mike Miles, representing Harrison School District, testified in support of the bill.

03:51 PM -- John Barry, representing Aurora Public Schools, testified in support of the bill. He stated the importance of tying teacher performance to student performance and teacher performance to principal performance. He noted the importance of flexibility in evaluating teachers. He responded to questions from the committee regarding unfunded mandates and local control.

03:57 PM -- Tom Boasberg, representing Denver Public Schools, testified in support of the bill. He addressed previous testimony about the link to poverty and student performance. He stated that, regardless of poverty, it is the job of educators to teach children and help them grow. He also addressed previous testimony about the cost for implementing the bill.

04:02 PM

Representative Solano clarified that this state has due process and not tenure. Representative Solano asked if the bill keeps due process. Representative Scanlan responded that, in her opinion, it does. Representative Benefield asked the witnesses to discuss what it means to create a resource bank. Ms. Ciancio responded to the question. Representative Scanlan responded that CDE can answer that question as well when their representatives testify. Representative Benefield asked the other superintendents to address her question.

04:11 PM

Mr. Miles discussed his assessment program for teachers, providing an example of how a choir teacher would be evaluated. Mr. Boasberg discussed the Denver Pro-Comp System, a pay-for-performance program, and stated that they would be happy to share this system with other school districts as part of a resource bank. He added that he believes all superintendents would be happy to share their assessments. Mr. Barry responded to Representative Benefield's question about the resource bank.

04:17 PM

Representative Pensiton asked if there is a way to quantify the number of teachers who would have lost nonprobationary status under this bill. Each of the superintendents responded to the question, with each noting the challenges with quantifying the answer. Mr. Barry discussed a survey that is currently given, noting a specific question of the survey regarding an environment of trust, and that it has increased from 30 percent to 70 percent because of the honest conversations his school district has had with teachers and administrators.

04:22 PM

Representative Peniston asked the superintendents to discuss how they would address using CSAP scores, which have been reported to be flat or declining, and how that looks to the public when those teachers are not fired for poor CSAP scores. Mr. Barry responded, noting that it is not fair to gauge a teacher by scores, but it is far to measure a teacher by his or her students' growth. Mr. Miles responded that he believes that the public is confused, because the public sees that teachers are 98 percent effective, yet CSAP scores are flat, which he believes call for a better measure to assess teachers.

04:26 PM

Representative Merrifield shared information from a discussion on the website, EdNews Colorado,regarding growth models, providing a perspective of one discussant who stated the various elements that contribute to growth, such as the teacher from the previous year, summer education access, and other issues. Representative Summers commented on the timeline for the bill, noting that the bill calls for a five-year implementation period, and that issues can be addressed as they arise. He also asked the superintendents to discuss the provisions in the bill pertaining to quality school leadership. He shared concerns he heard from teachers that principals may use this bill as a mechanism for firing them, or to take a quality teacher and place them in a different school.

04:30 PM

Mr. Barry responded to the question, stating that success is built on quality leadership and questioned why a principal would take such an action. He shared his district's current practices on interviewing principal candidates, noting that each candidate is asked about his or her willingness to prove demonstrated growth. Mr. Miles also responded, noting the accountability of principals in the bill. He stated that this piece is critical for the program to be successful. He discussed a measure in his district's evaluation to track principal's evaluations. Representative Todd asked each superintendent to comment on professional development and evaluation tools currently. Ms. Ciancio spoke about the review process and school support teams that look for inconsistencies and gaps in the classroom. Mr. Miles spoke to the overall system of evaluation.

04:38 PM

Mr. Barry discussed the evaluation review committee in Aurora Public Schools, noting it includes administrators and teachers. Mr. Boasberg discussed the importance of professional development. Representative Todd asked about the process for establishing an educator evaluator system, noting that the governor established a council by executive order, which was designed to bring everyone together to discuss and vet the issue thoroughly. She asked each superintendent to discuss the morale of teachers. Mr. Miles responded that his district conducted an anonymous survey on this issue. Representative Todd asked not about the survey, but currently today. Ms. Ciancio responded that at this time of year, there is anxiety, because of CSAP results, winding down the school year, and nonrenewal notices are being mailed, but shared that there is a broad range of perceptions. Mr. Barry responded that morale goes in cycles, but that there have been annual improvements in satisfaction from year-to-year. He also discussed budget cuts, changing of job descriptions, and hiring processes.

04:48 PM

Mr. Boasberg also addressed the question of morale, noting that his district is not cutting teaching positions, but that there is anxiety on account of budget cuts. He noted that the district has an anonymous survey which saw positive improvements in all questions. Representative Merrifield asked the superintendents to address why the bill is necessary, seeing as each of their districts are in the process of implementing evaluation systems. Mr. Boasberg stated that the bill should provide the latitude for school districts to establish the specifics, and that the legislation should provide general principles. He also noted the current state mandates on nonprobationary status.

04:53 PM

Representative Middleton shared concerns she has heard from teachers about the number of factors that affect the student performance, and the concerns from support staff and how they will be evaluated. Mr. Barry responded to her comments, discussing the coaching model the district has adopted, which puts teacher leaders in classrooms to support teachers who are new or working with challenging populations. Mr. Miles discussed the "no excuses" policy he instituted in his district, stating that there are no excuses for poor instruction. Representative Middleton asked the superintendents to discuss the growth model and its application in their districts. Mr. Miles responded the formula his district uses. Ms. Ciancio responded that her school district uses the MAPS assessments, and special education students are monitored each month.

05:02 PM

Representative Merrifield asked how many of the surveys are completed electronically. Each superintendents respondent responded that the surveys are electronic. Representative Merrifield noted concerns he has heard from teachers about the anonymity of the surveys. Mr. Barry shared with the committee the response rates for the surveys conducted in his district. Representative Solano commented on teaching 21st century learning skills and how those can be assessed and how a teacher's worth can be measured on his or her ability to teach creative learning, critical thinking, and collaboration skills. Mr. Boasberg responded to her comments, noting that is a critical element of an observation protocol. Discussion on this topic ensued between Representative Solano and the panel of superintendents.

05:09 PM

Mr. Barry discussed why he thinks the bill is necessary, noting the partnerships he has established with the business community to ensure that education is relevant. Representative Tipton followed up on Representative Solano's comments on the bill and asked if the council and the resource box are complementary. Ms. Ciancio stated that she believes that the two complement each other. Representative Schafer asked the panelists to comment on the public's perception that laying the responsibility of student achievement on teachers and that it is unfair. She enumerated a list of education reforms that is supposed to improve student achievement, and asked if this is a fad or an earnest effort. Mr. Boasberg responded to her question, discussing the importance of staff development, and that this bill provides a workable framework for addressing how educators perform.

05:18 PM

Representative Merrifield stated that he would like the committee to move on to other witnesses, and provided his thoughts to the superintendents about the council and the bill.

05:19 PM -- Beverly Ingle, representing the Colorado Education Association (CEA), testified against the bill. She shared CEA's belief statements with the committee on student graduation, education reform, and teacher evaluation. She stated that CEA objects to reform being done to teachers instead of with teachers. She stated the importance of employee buy-in.

05:25 PM -- Tony Salazar, also representing CEA, testified against the bill. He stated that the bill does not improve the evaluation system and will create division in a profession that needs more collaboration. He discussed the work of CEA to support the development of the council. He also expressed concern of the cost for implementing the bill.

05:29 PM

Representative Tipton asked Mr. Salazar to explain where the mutual consent provisions are in the bill. Representative Tipton also addressed earlier testimony by Ms. Ingle. Representative Scanlan explained that there will be amendments to address the issue of mutual consent. Representative Benefield asked the witnesses to discuss what they think about the resource bank. Representative Benefield asked Ms. Ingle to comment on teacher morale. Ms. Ingle responded that teachers are angry. She stated that they understand that there will be cuts, but teachers are very concerned about the fairness of the evaluation of probationary teachers.

05:37 PM

Representative Todd asked the witnesses to comment on the misperception of what nonprobationary status means, and how this is commonly perceived as having a job for life. Ms. Ingle responded, discussing the current process for evaluating and what happens when a teacher is evaluated at his or her third year, which is unsatisfactory or satisfactory. She discussed improvement plans that are created based on this third year evaluation.

05:42 PM

Representative Schafer asked what ideas CEA has on evaluating student outputs, instead of inputs. Ms. Ingle responded that the outputs cannot always be included in a measurable test, noting the subjectivity of certain achievements.

05:45 PM -- Linda Barker, representing CEA, testified against the bill. She discussed the Race to the Top application scoring.

05:50 PM -- Marti Houser, representing CEA, testified against the bill. She discussed current law pertaining to probationary and nonprobationary status.

05:55 PM

Representative Benefield asked the witnesses to discuss how long it takes for a teacher to be effective at classroom management. Ms. Barker responded that teachers come in at different levels, but generally in years five to seven is when teachers reach their stride in teaching and classroom management. Ms. Barker also discussed the classroom management courses that CEA offers, and noted the importance of mentor teachers and outreach to parents. Discussion on this topic ensued.

05:58 PM

Representative Solano asked where due process is included in the bill, stating that she believes that the bill is not about teacher effectiveness, but it is about due process. Ms. Houser responded that the bill removes due process for teachers who are considered to be underperforming. Representative Peniston discussed her experience as the head of Westminster Education Association, and how she tried to support teachers. She asked Ms. Houser to discuss how many teachers have been let go. Ms. Houser responded that the vast majority of nonprobationary teachers who are recommended for dismissal are counseled out of the profession. Ms. Houser also discussed the statistics of dismissed teachers, which she noted does not include those who are counseled out.

06:06 PM -- Kerrie Dallman, representing herself, testified against the bill. She shared that she is a member of the council. She stated the importance of a collaborative process in developing a comprehensive evaluation system. She noted the work in Jefferson County School District to implement an evaluation system. She noted that the bill does not fund professional development, it only measures deficiencies in teachers. She explained that there is no research that shows that the measures in the bill improve teacher effectiveness. She noted effective strategies for training teachers.

06:09 PM -- Henry Roman, representing the Denver Classroom Teachers Association, testified against the bill. He spoke to what he sees as the complexities to the bill, noting the costs to implement the bill.

06:13 PM -- Tanya Caruso, representing herself, testified against the bill. She expressed concern about the lack of funding for the bill. She shared her experience as a teacher in Eagle County School District, noting the implementation of the pay for performance rubric there.

06:17 PM

The witnesses responded to questions from the committee. Ms. Dallman discussed a survey of the members regarding their position on the bill. Representative Benefield asked the witnesses to discuss pay for performance plans. Mr. Roman discussed the importance of incentives. He also explained the amount of time it took to implement Denver's Pro-Comp System. Representative Peniston shared the number of phone calls and emails she received on this bill. She asked the witnesses to discuss what might happen to the school environment if teachers are moving from probationary from year-to-year. Mr. Roman responded that he believes it will create instability in the school climate.

06:24 PM

Representative Schafer asked if the passage of the bill will disrupt current work in school districts. Ms. Dallman explained that even the specter of the passage of this bill has impacted teacher contract negotiations. Representative Summers asked how many teachers would be switched from nonprobationary to probationary. Mr. Roman responding by stating it is unknown, but that there are as many as 900 that could be effected.

06:27 PM

Representative Tipton asked if Ms. Dallman agrees with the mission of the council, which states 50 percent of evaluation will be based on student performance. Ms. Dallman stated that she is supportive of the council, and that this bill is more than the 50 percent piece.

06:29 PM

Representative Merrifield read testimony from Diane Ravitch, and shared her biography. Ms. Ravitch testified against the bill in a letter to the committee chair. The committee recessed.

06:45 PM

The committee came back to order.

06:45 PM -- Ben Jackson, representing himself, testified in support of the bill. He shared his experience as a classroom teacher. He stated that he believes the bill empowers teachers. He responded to questions from the committee.

06:48 PM -- Zachary Rowe, representing himself, testified in support of the bill. He noted the importance of data in the bill. He stated the importance of holding teachers accountable.

06:50 PM -- Amy Spicer, representing herself, testified in support of the bill. She shared her experience as a teacher in low-income schools. She stated the importance of instruction and assessments. She addressed the limits on her advancement in her career, even though she has two masters degrees.

06:54 PM -- Mark Sass, representing himself, testified in support of the bill because it incentivizes a collaborative culture. Mr. Sass also discussed peer evaluation. He stated that the bill is not to punish teachers but to identify effective teachers and have them assist other teachers.

06:57 PM

Representative Massey commented that previous testimony reflected on low morale, but noted that the witnesses have a positive outlook on the bill and their profession. He asked if they feel that they are in the minority at their schools. Representative Benefield asked Ms. Spicer to comment on the evaluation process at her school. Dialogue on this topic ensued.

07:03 PM -- Dana Nardello, representing herself, testified in support of the bill. She stated that this bill is a good start in improving evaluation for educators. She shared her experience as a teacher, noting that she wants to be held accountable for her students' growth.

07:07 PM -- David Clayton, representing himself as a parent with a child in Denver Public Schools, testified in support of the bill. He stated that the bill brings about change that is long overdue. He discussed the impact of effective teachers on students. He also stated the importance of having accountability for taxpayers.

07:11 PM -- Lawrence Garcia, representing himself, testified against the bill. He shared his experience as a displaced teacher.

07:15 PM -- Lisa Johnson, representing herself, testified against the bill and shared her experience as a teacher who was placed on administrative leave and her experience going through the due process under law. She stated that she believes had this legislation been law, she would not have had the same opportunity under due process.

07:21 PM -- Victor Torres, representing himself as a board member of the Harrison School Board, testified against the bill. He shared his perspective on the evaluation practices in Harrison School District.

07:27 PM

Mr. Torres responded to questions from Representative McNulty about his position on the Harrison School Board and about his current employment. Representative Benefield asked how much Harrison is cutting. Mr. Torres estimated that the district is cutting $9 million from its budget. He further noted 118 teachers are being cut, which is a higher figure that what is being published by the school district.

07:34 PM -- Shannon Hagerman, representing Denver Public Schools, testified in support of the bill. She shared her experience as a principal at Montclair Elementary and hiring positions through forced placements. She explained that this led the school to seek innovation status in order to have control over placement decisions. She stated that all schools should have this flexibility.

07:38 PM

Representative Todd asked Ms. Hagerman to discuss how she evaluates teachers at her school. She stated that the school is reevaluating the process, but currently uses the process recommended by the school district. Representative Merrifield asked how she deals with ineffective teachers. She responded that she has not renewed some teachers and other are on probationary plans. Representative Merrifield responded that he believes Ms. Hagerman's testimony proves that the current system works. Ms. Hagerman responded that the administrative piece for this process takes time away from assisting other teachers. Discussion on evaluation practices at Montclair Elementary ensued.

07:46 PM

Representative Todd asked Ms. Hagerman why she thinks the bill is necessary. She responded that the bill moves the conversation forward on consistency in the educator evaluation system. She stated that she believes education is broken but is a step in the right direction. Representative Merrifield stated that he believes this bill is a distraction to fixing education. Discussion ensued between Ms. Hagerman and Representative Merrifield.

07:51 PM

Representative Solano asked if the bill in her opinion maintains due process. Ms. Hagerman stated that she believes it does. Representative Murray explained that there is an amendment to address that issue. Representative Murray also commented that she believes the bill takes away from the subjectivity of principal evaluations because principals will be judged by a teacher's performance. Ms. Hagerman also addressed previous comments from Representative Schafer about factors that influence student achievement.

07:57 PM -- Jeff Marshall, representing himself, testified against the bill and shared his experience as a teacher in Colorado Springs.

08:01 PM -- Margaret Bobb, representing herself as a high school science teacher, testified against the bill. She discussed the work already underway in Denver Public Schools. She expressed concern with Section 11 of the bill, which deals with consent.

08:09 PM -- Anne Bye Rowe, representing the Colorado Children's Campaign, testified in support of the bill. She expressed her commitment for student achievement. She discussed the research that shows that students are not being adequately taught in Colorado and noted that one in four children who start high school will not finish.

08:17 PM

Ms. Bye Rowe responded to questions from the committee. She discussed the urgency to act on this problem. Representative Todd discussed the need to spend money on interventions and professional development, and smaller class sizes. Representative Schafer asked Ms. Bye Rowe questions regarding CSAP achievement for different ethnic groups.

08:28 PM -- Todd Mayville, representing himself, testified against the bill. He shared his experience as a teacher. He expressed concern about taking federal money for education reform. He also discussed Chicago public schools, noting their progress was flat under Arne Duncan.

08:33 PM

Representative Benefield asked Mr. Mayville to discuss students who do not test well. He responded discussing his experience with testing different students. Representative Peniston responded to his comments about the bill creating a culture of teachers who will not want to teach challenging populations.

08:43 PM

Mr. Mayville continued to respond to questions from the committee, discussing the need for accountability for teachers. Representative McNulty expressed concern for the request of many witnesses for more time to put the evaluation system together. He also responded to questions about how students in other countries perform. Representative Summers also asked about the timelines in the bill.

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.