Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON EDUCATION

Date:03/26/2015
ATTENDANCE
Time:01:35 PM to 09:06 PM
Holbert
X
Johnston
*
Place:SCR 356
Kerr
X
Merrifield
X
This Meeting was called to order by
Neville T.
*
Senator Hill
Todd
X
Woods
X
This Report was prepared by
Marble
X
Rachel Kurtz-Phelan
Hill
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-216
SB15-223		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole


01:35 PM -- SB15-216

Senator Holbert, Chair, called the meeting to order and invited Senator Hill, sponsor, to come to the table to present Senate Bill 15-216. He explained that the bill concerns a school district's exclusive authority to authorize charter schools located within the geographic boundaries of the school district. He stated that children have different learning styles and need different types of schools and instruction. He said that parental choice is one of the best ways to ensure that children have opportunities going forward, and that charter schools may be a good alternative education path for some students.

The following people testified on the bill:

01:41 PM -- Nora Flood, representing the Colorado League of Charter Schools, spoke in support of the bill. She distributed two handouts to the committee (Attachments A and B). She said that Colorado should take steps to ensure high-quality education for all students, and that the bill ensures that all students have access to quality public schools. She addressed some common misconceptions about charter schools and provided statistics about charter school students in the state. She stated that charter schools are neighborhood schools, and that the bill seeks to inject more consistency into the chartering process. She discussed several provisions of the bill in further detail and talked about the role that the Charter School Institute (CSI) plays in the charter authorizing processes. Ms. Flood answered questions from the committee.

15SenateEd0326AttachA.pdf15SenateEd0326AttachA.pdf 15SenateEd0326AttachB.pdf15SenateEd0326AttachB.pdf









01:55 PM -- Pat Sanchez, Superintendent of Adams 14 School District, spoke in opposition to the bill. He distributed a handout to the committee (Attachment C). He questioned who holds CSI accountable for their failing schools, and spoke about the negative impacts of eliminating the choice and local control that local school boards hold when it comes to charter schools within their districts. Mr. Sanchez answered questions from the committee.

15SenateEd0326AttachC.pdf15SenateEd0326AttachC.pdf

02:10 PM

Senator Hill distributed amendment L.004 (Attachment D) and explained the amendment. Senator Merrifield distributed amendments L.005, L.006, L.007, L.008, L.009, L.010, L.011, and L.012 (Attachments E through L). Committee discussion ensued.

15SenateEd0326AttachD.pdf15SenateEd0326AttachD.pdf 15SenateEd0326AttachE.pdf15SenateEd0326AttachE.pdf

15SenateEd0326AttachF.pdf15SenateEd0326AttachF.pdf 15SenateEd0326AttachG.pdf15SenateEd0326AttachG.pdf

15SenateEd0326AttachH.pdf15SenateEd0326AttachH.pdf 15SenateEd0326AttachI.pdf15SenateEd0326AttachI.pdf

15SenateEd0326AttachJ.pdf15SenateEd0326AttachJ.pdf 15SenateEd0326AttachK.pdf15SenateEd0326AttachK.pdf

15SenateEd0326AttachL.pdf15SenateEd0326AttachL.pdf

02:15 PM -- Ethan Hemming, Executive Director of CSI, spoke in support of the bill. He provided background information about CSI, and stated that CSI has improved its district performance rating over the past four years and has not renewed the contracts of several charter schools. He stated that many charter schools have boards and are locally managed, which provides for local control. He talked about what CSI can do about schools that are rated priority improvement and turnaround. Mr. Hemming answered questions from the committee.

02:25 PM -- Michael Clough, Superintendent of Sheridan School District and also representing the Colorado Association of School Executives (CASE), spoke in opposition to the bill. He stated that the bill is built on a shaky accreditation system and that there will be a loss of local control if the bill passes. He said the bill usurps the power of local school boards and the State Board of Education (SBE). He spoke about how he would like to see the bill amended and answered questions from the committee.







02:36 PM -- Amber Micciche, representing herself as a parent, spoke in support of the bill. She talked about her personal experiences with the charter school system.

02:41 PM -- Michelle Murphy, representing the Colorado Association of School Boards (CASB), spoke in opposition to the bill. She told the committee why CASB does not support the bill. She talked about the negative impacts the accreditation system has on schools with high rates of poverty, and about rulings in applicable court cases. Ms. Murphy answered questions from the committee.

02:55 PM -- David Singer, representing University Preparatory School, spoke in support of the bill. He provided background information about his school, and told the committee about his professional background. He stated that a large percentage of the students at his school have some type of special needs. He talked about how his school has helped students and about why he supports the bill. Mr. Singer answered questions from the committee.

03:06 PM -- Liz Wolfson, representing Girls Athletic Leadership School, spoke in support of the bill. She provided background information about her school, and discussed the need for openness and quality choices for parents.

03:10 PM -- Val Flores, representing herself, spoke in opposition to the bill. She said that the SBE is currently working on ways to help school districts. She stated that there are many other ways to help school districts besides having charter schools within the district. Dr. Flores answered questions from the committee.

03:29 PM -- Kelly Hibler, representing herself, spoke in support of the bill. She spoke about the need to offer alternatives to parents and stated that charter schools exist to fill a void. Ms. Hibler answered questions from the committee.

03:37 PM -- Leslie Colwell, representing the Colorado Children's Campaign, spoke in support of the bill. She provided background information about her organization, and stated that the bill is a reasonable and responsible way to provide educational opportunities to students. She said that having a choice of authorizer will allow a charter school to choose an authorizer that best fits the school. She said that bill will provide more opportunities to kids in the highest need areas.

03:40 PM -- Shelly Hora, representing herself as a parent, spoke in support of the bill. She talked about her personal experiences having students in a charter school. Ms. Hora answered questions from the committee.

03:47 PM -- Allen Drummond, representing himself as a parent and teacher, spoke in support of the bill. He provided background information about the charter school at which he teaches, and explained that his school is the third oldest charter school in the state.

03:51 PM -- James Coleman, representing Ace Scholarships and Highline Academy Charter School, spoke in support of the bill. He spoke about why his organization supports the bill, and talked about how high quality charter schools provide healthy competition.

03:53 PM -- Luke Ragland, representing Colorado Succeeds, spoke in support of the bill. He provided background information about his organization and talked about why his organization supports the bill. He spoke about the importance of school choice and about the growing demand by parents for high-quality charter schools. He stated that school choice works.









03:56 PM

There were no more witnesses and Senator Holbert closed public testimony. The committee recessed.


04:19 PM

The committee came back to order. The committee discussed amendment L.004 (Attachment D).
BILL:SB15-216
TIME: 04:26:54 PM
MOVED:Hill
MOTION:Adopt amendment L.004 (Attachment D). The motion passed on a vote of 8-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
Yes
Merrifield
No
Neville T.
Yes
Todd
Yes
Woods
Yes
Marble
Yes
Hill
Yes
YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


























04:29 PM

Senator Merrifield explained amendment L.005 (Attachment E). Committee discussion ensued.
BILL:SB15-216
TIME: 04:29:45 PM
MOVED:Merrifield
MOTION:Adopt amendment L.005 (Attachment E). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
No
Todd
Yes
Woods
No
Marble
No
Hill
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:32 PM

Senator Merrifield explained amendment L.006 (Attachment F). Committee discussion ensued.
BILL:SB15-216
TIME: 04:32:43 PM
MOVED:Merrifield
MOTION:Adopt amendment L.006 (Attachment F). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
No
Todd
Yes
Woods
No
Marble
No
Hill
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL






04:33 PM

Senator Merrifield explained amendment L.007 (Attachment G).
BILL:SB15-216
TIME: 04:34:26 PM
MOVED:Merrifield
MOTION:Adopt amendment L.007 (Attachment G). The motion failed on a vote of 1-8.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
No
Merrifield
Yes
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 1 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:36 PM

Senator Merrifield explained amendment L.008 (Attachment H).
BILL:SB15-216
TIME: 04:37:22 PM
MOVED:Merrifield
MOTION:Adopt amendment L.008 (Attachment H). The motion failed on a vote of 1-8.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
No
Merrifield
Yes
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 1 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL






04:38 PM

Senator Merrifield explained amendment L.009 (Attachment I).

04:42 PM -- Julie Pelegrin, Office of Legislative Legal Services, came to the table to answer questions about amendment L.009 (Attachment I).
BILL:SB15-216
TIME: 04:48:33 PM
MOVED:Merrifield
MOTION:Adopt amendment L.009 (Attachment I). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
No
Todd
Yes
Woods
No
Marble
No
Hill
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL




























04:49 PM

Senator Merrifield explained amendment L.010 (Attachment J).
BILL:SB15-216
TIME: 04:50:32 PM
MOVED:Merrifield
MOTION:Adopt amendment L.010 (Attachment J). The motion failed on a vote of 1-8.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
No
Merrifield
Yes
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 1 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL


04:51 PM

Senator Merrifield explained amendment L.011 (Attachment K).
BILL:SB15-216
TIME: 04:52:24 PM
MOVED:Merrifield
MOTION:Adopt amendment L.011 (Attachment K). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
No
Todd
Yes
Woods
No
Marble
No
Hill
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL






04:54 PM

Senator Merrifield explained amendment L.012 (Attachment L). Committee discussion ensued.
BILL:SB15-216
TIME: 05:13:28 PM
MOVED:Merrifield
MOTION:Adopt amendment L.012 (Attachment L). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
No
Todd
Yes
Woods
No
Marble
No
Hill
No
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:SB15-216
TIME: 05:15:58 PM
MOVED:Hill
MOTION:Refer Senate Bill 15-216, as amended, to the Committee of the Whole. The motion passed on a vote of 6-3.
SECONDED:
VOTE
Holbert
Yes
Johnston
Yes
Kerr
No
Merrifield
No
Neville T.
Yes
Todd
No
Woods
Yes
Marble
Yes
Hill
Yes
YES: 6 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS








05:19 PM -- SB15-223

Senator Hill took over as committee chair. He invited Senators Holbert and Todd, co-sponsors, to the table to present Senate Bill 15-223 which concerns ensuring that the exercise of a parent's right to refuse to have his or her child take standardized tests does not result in negative consequences for schools or districts due to reduced student participation rates. Copies of two handouts were distributed to the committee (Attachments M and N). Senator Holbert stated that parents already have the right to opt their kids out of assessments. Senator Todd stated that the amount of time students have to spend taking assessments interrupts learning. She said that the bill honors the choices that students and parents make together.

15SenateEd0326AttachM.pdf15SenateEd0326AttachM.pdf 15SenateEd0326AttachN.pdf15SenateEd0326AttachN.pdf

The following people testified on the bill:

05:32 PM -- Tina Mueh, representing herself as a parent and a teacher in Boulder Valley School District and also representing the Colorado Association of School Executives (CASE), spoke in support of the bill. She told the committee what is currently going on in Boulder with regard to student assessments. She said the state needs to provide districts with a consistent way to deal with the number of parents who are choosing to opt their students out of taking assessments. She told the committee that Boulder currently has a 40 percent opt-out rate. Ms. Mueh answered questions from the committee.

05:44 PM -- Josh Abram, Legislative Council Staff, came to the table to answer questions about the bill's fiscal note.


05:53 PM

The sponsors answered questions from the committee about the bill's intent. The committee discussed the value of assessments and the authority of parents to make decisions on behalf of their children.

06:02 PM -- Lynn Roberts, representing herself, spoke in support of the bill. She stated that the current assessment system corrupts the relationship between families and schools. She talked about her experiences as a parent in Denver Public Schools and said that public education should serve all children. She explained that children's scores are counted as zeros in Denver Public Schools, and stated that there is currently a communication problem. Ms. Roberts answered questions from the committee.

06:10 PM -- Jess Loban, representing himself, spoke in support of the bill. He told the committee about his personal experiences opting his children out of assessments. Mr. Loban answered questions from the committee.

06:20 PM -- Laura Gennitti, representing herself as a parent, spoke in support of the bill. She talked about her personal experiences opting her children out of assessments.











06:24 PM -- Paula Nikolai, representing herself as a parent, spoke in support of the bill. She questioned why the state is using the PARCC test, and stated that everything was fine before Colorado started using the Partnership for Assessment of Readiness for College and Careers (PARCC) tests. She stated that PARCC testing is tearing the community apart and that the bill is important because the tone needs to change. She distributed copies of written testimony from another witness who was unable to attend the meeting (Attachment O).

15SenateEd0326AttachO.pdf15SenateEd0326AttachO.pdf

06:31 PM -- Darren Cook, representing himself as a teacher from Grand Junction, spoke in support of the bill. He stated that he is also representing the principal of his school and the superintendent of the district who also support the bill. He said that time and resources should be spent creating a better system of assessment and accountability. He stated that teachers and administrators are not encouraging parents to opt students out, but that teachers are concerned about how opt-out rates will affect their pay and the accreditation of their schools. Mr. Cook answered questions from the committee.

06:41 PM -- Cheri Kiesecker, representing herself, spoke in support of the bill. She read a letter from a mother in Colorado Springs who was not able to attend the meeting. Ms. Kiesecker answered questions from the committee.

06:55 PM -- Julie Pelegrin, Office of Legislative Legal Services, came to the table to answer questions from the committee.


06:56 PM

Senator Kerr distributed amendments L.001, L.002, L.003, L.005, L.007, and L.012 (Attachments P
through U) to the committee.

15SenateEd0326AttachP.pdf15SenateEd0326AttachP.pdf 15SenateEd0326AttachQ.pdf15SenateEd0326AttachQ.pdf

15SenateEd0326AttachR.pdf15SenateEd0326AttachR.pdf 15SenateEd0326AttachS.pdf15SenateEd0326AttachS.pdf

15SenateEd0326AttachT.pdf15SenateEd0326AttachT.pdf 15SenateEd0326AttachU.pdf15SenateEd0326AttachU.pdf

06:56 PM -- Leslie Colwell, representing the Colorado Children's Campaign, spoke in opposition to the bill. She spoke about the possible unintended consequences that may occur if the bill passes. She stated that the bill does not solve the problem of over-testing. Ms. Colwell answered questions from the committee.









07:12 PM -- Chelsea Henkel, representing Stand For Children, spoke in opposition to the bill. She provided background information about her organization and talked about why her organization opposes the bill. She discussed the possible loss of federal funding, the slippery slope of how and when and what students can opt out of, and stated that parents are already opting students out of assessments without this bill.


07:18 PM

There were no more witnesses and Senator Hill closed public testimony. Senator Holbert read a letter from a parent who was unable to attend the hearing. Senator Woods read a letter from a parent in Las Animas who was unable to attend the meeting.


07:25 PM

Senator Kerr explained amendment L.001 (Attachment P). Committee discussion ensued.
BILL:SB15-223
TIME: 07:26:38 PM
MOVED:Kerr
MOTION:Amend amendment L.001 (Attachment P), strike "PURPOSE, USE, AND VALUE" and insert "PURPOSE AND USE." The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Merrifield
Neville T.
Todd
Woods
Marble
Hill
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection















BILL:SB15-223
TIME: 07:31:47 PM
MOVED:Kerr
MOTION:Adopt amendment L.001 (Attachment P) as amended. The motion passed without objection.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Merrifield
Neville T.
Todd
Woods
Marble
Hill
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


07:33 PM

Senator Kerr explained amendment L.003 (Attachment R). Committee discussion ensued.
BILL:SB15-223
TIME: 07:44:28 PM
MOVED:Kerr
MOTION:Adopt amendment L.003 (Attachment R). The motion was withdrawn.
SECONDED:
VOTE
Holbert
Johnston
Kerr
Merrifield
Neville T.
Todd
Woods
Marble
Hill
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:









07:45 PM

Senator Kerr explained amendment L.012 (Attachment U). Committee discussion ensued. Senator Marble asked Senator Hill to rule on whether amendment L.012 fits under the title of the bill. Senator Johnston stated that the amendment does fit under the title of the bill. Senator Hill ruled that amendment does fit under the title of the bill.
BILL:SB15-223
TIME: 07:53:15 PM
MOVED:Kerr
MOTION:Adopt amendment L.012 (Attachment U). The motion failed on a vote of 2-7.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Merrifield
No
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


07:55 PM

Senator Johnston distributed amendments L.008, L.009, and L.010 (Attachments V, W, and X). He explained amendment L.009 (Attachment W). Committee discussion ensued.

15SenateEd0326AttachV.pdf15SenateEd0326AttachV.pdf 15SenateEd0326AttachW.pdf15SenateEd0326AttachW.pdf

15SenateEd0326AttachX.pdf15SenateEd0326AttachX.pdf
BILL:SB15-223
TIME: 08:12:57 PM
MOVED:Johnston
MOTION:Adopt amendment L.009 (Attachment W). The motion failed on a vote of 3-6.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Merrifield
No
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
Yes
YES: 3 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


08:14 PM

Senator Johnston explained amendment L.008 (Attachment V). Committee discussion ensued.
BILL:SB15-223
TIME: 08:33:36 PM
MOVED:Johnston
MOTION:Adopt amendment L.008 (Attachment V). The motion failed on a vote of 1-8.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
No
Merrifield
No
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 1 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL










08:35 PM

Senator Johnston explained amendment L.010 (Attachment X). Committee discussed ensued.
BILL:SB15-223
TIME: 08:48:59 PM
MOVED:Johnston
MOTION:Adopt amendment L.010 (Attachment X). The motion failed on a vote of 2-7.
SECONDED:
VOTE
Holbert
No
Johnston
Yes
Kerr
Yes
Merrifield
No
Neville T.
No
Todd
No
Woods
No
Marble
No
Hill
No
YES: 2 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL































08:50 PM

Senators Holbert and Todd gave closing comments to the bill. Committee discussion ensued.
BILL:SB15-223
TIME: 09:05:04 PM
MOVED:Holbert
MOTION:Refer Senate Bill 15-223, as amended, to the Committee of the Whole. The motion passed on a vote of 8-1.
SECONDED:
VOTE
Holbert
Yes
Johnston
No
Kerr
Yes
Merrifield
Yes
Neville T.
Yes
Todd
Yes
Woods
Yes
Marble
Yes
Hill
Yes
Final YES: 8 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


09:06 PM

The committee adjourned.