Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON EDUCATION
Date:04/21/2005
ATTENDANCE
Time:03:00 PM to 06:01 PM
Evans
*
Jones
*
Place:SCR 354
Spence
X
Tupa
*
This Meeting was called to order by
Williams
*
Senator Windels
Bacon
X
Windels
X
This Report was prepared by
Susan Liddle
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 05-Metropolitan State College Board of Trustees
Conf 05-Private Occupational School Board
SB05-085
HB05-1164		Favorably Refer to the Full Senate
Favorably Refer to the Full Senate
Amended, Laid Over
Amended, Laid Over

03:01 PM -- Confirmation of Members to the Metropolitan State College of Denver Board of Trustees

Mark Martinez and Adele Phelan, Governor's nominees to the Metropolitan State College of Denver Board of Trustees, introduced themselves, and discussed their background and interest in serving on the Board. A copy of each of the appointees' appointment letters, applications and resumes are attached as Attachment A. The nominees responded to questions from the committee.
BILL:Conf 05-Metropolitan State College Board of Trustees
TIME: 03:17:22 PM
MOVED:Spence
MOTION:Moved to favorably refer the names of Mark Martinez and Adele Phelan as members of the Metropolitan State College of Denver Board of Trustees to the full Senate. The motion passed 7-0.
SECONDED:
VOTE
Evans
Yes
Jones
Yes
Spence
Yes
Tupa
Yes
Williams
Yes
Bacon
Yes
Windels
Yes
Final YES: 7 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS



03:19 PM -- Confirmation of Member to the Private Occupational School Board

Robert Martin, Governor's nominee to the Private Occupational School Board, introduced himself, and discussed his background and interest in serving on the Board. A copy of Mr. Martin's appointment letter, application and resume is attached as Attachment B. He responded to questions from the committee.
BILL:Conf 05-Private Occupational School Board
TIME: 03:25:20 PM
MOVED:Tupa
MOTION:Moved to favorably refer the name of Robert Martin as a member of the Private Occupational School Board to the full Senate. The motion passed 6-0-1.
SECONDED:
VOTE
Evans
Yes
Jones
Yes
Spence
Excused
Tupa
Yes
Williams
Yes
Bacon
Yes
Windels
Yes
Final YES: 6 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


03:28 PM -- Senate Bill 05-085

Senator Hagedorn reviewed the provisions of SB 85 concerning academic freedom. Testimony on this bill was taken at the April 13 committee hearing, the bill is up for action only today. He distributed three proposed amendments (L.008, L.009, and L.010 - Attachments C, D, and E). The committee commented on the bill and Senator Hagedorn responded to questions from the committee.


03:45 PM

Committee discussion continued.



03:50 PM

Senator Tupa moved SB 85 to the Committee of the Whole. The committee discussed the three amendments that Senator Hagedorn distributed today, and also talked about an amendment that was handed out on April 13 (L.001 - Attachment F). He asked that all four amendments be offered today.
BILL:SB05-085
TIME: 03:53:04 PM
MOVED:Spence
MOTION:moved amendment L.008 (Attachment C). She asked that the amendment be severed between lines 9 and 10, and then asked that lines 10-13 be defeated. Senator Evans asked for a ruling from the chair as to whether severed section #2 fits under the title. Senator Windels ruled that it did not. There was considerable discussion about the amendment and the bills intent. [Substitute motion offered by Sen. Evans - see next vote sheet.]

The committee voted on severed section #1 as amended by the Evans amendment. It passed on a 4-2-1 roll call vote.
SECONDED:
VOTE
Evans
Yes
Jones
No
Spence
No
Tupa
Yes
Williams
Excused
Bacon
Yes
Windels
Yes
Not Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:SB05-085
TIME: 04:04:16 PM
MOVED:Evans
MOTION:moved a substitute amendment to amend section 1 of L.008. The substitute motion passed 4-2-1.
SECONDED:
VOTE
Evans
Yes
Jones
No
Spence
No
Tupa
Yes
Williams
Excused
Bacon
Yes
Windels
Yes
Not Final YES: 4 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:SB05-085
TIME: 04:08:41 PM
MOVED:Tupa
MOTION:moved amendment L.009 which inserts an effective date and safety clause (Attachment D). Senator Tupa amended his motion to change the effective date in the amendment from January 1, 2006, to July 1, 2005. The amendment, as amended, was adopted without objection.
SECONDED:
VOTE
Evans
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-085
TIME: 04:11:08 PM
MOVED:Tupa
MOTION:moved amendment L.010 (Attachment E). The amendment was adopted without objection.
SECONDED:
VOTE
Evans
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:SB05-085
TIME: 04:12:22 PM
MOVED:Tupa
MOTION:moved amendment L.001 (Attachment F). There was committee discussion. Senator Evans moved to strike lines 8-11 of the proposed amendment. This motion passed on a 6-1 roll call vote. The motion before the adoption of L.001, as amended. This amendment was adopted without objection.
SECONDED:
VOTE
Evans
Yes
Jones
Yes
Spence
Yes
Tupa
No
Williams
Yes
Bacon
Yes
Windels
Yes
Not Final YES: 6 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:SB05-085
TIME: 04:16:48 PM
MOVED:Tupa
MOTION:moved to amend page 3 of the bill, strike lines 24-27. The amendment was adopted without objection.
SECONDED:
VOTE
Evans
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




04:19 PM

Senator Windels moved to narrow the title, but withdrew her motion to allow this to be worked on.


04:29 PM

Senator Windels took the bill off the table and stated that it will be heard for final action on Wednesday, April 27.


04:30 PM -- House Bill 05-1164

Senator Evans explained HB 1164 which concerns an achievement exam in the 10th grade. He distributed a proposed amendment (L.011 - Attachment H). There was discussion and questions from the committee.


04:48 PM

The following individuals testified:

04:48 PM -- Jonathan Dings, Boulder Valley School District, spoke in opposition to HB 1164. He stated that Sherri Stephens-Carter with the St. Vrain Valley School District had also signed up in opposition to the bill, but that she had to leave. He responded to questions from the committee. Senator Evans also responded.

04:59 PM -- Connie Zumpf, Association of Colorado Education Evaluators, spoke neither for nor against the bill. She responded to questions from the committee.


05:11 PM -- Ernest Valdez and Asheley Peterson, ACT Western Regional Office in Denver, testified. They responded to questions from the committee.

05:33 PM -- Kris Zavoli, College Board, testified in opposition to the bill and gave background about the PSAT test.

05:47 PM -- Jo O'Brien and Byron Pendley, Colorado Department of Education, stated that the State Board of Education is supportive of continuing the 10th grade CSAP and discussed the correlation of the CSAP to state standards.

05:53 PM -- Ryan Wulff, Colorado Education Association, spoke in support of the bill.
BILL:HB05-1164
TIME: 05:56:42 PM
MOVED:Williams
MOTION:moved amendment L.011 (Attachment H). The amendment passed on a 5-1-1 roll call vote.
SECONDED:
VOTE
Evans
Excused
Jones
Yes
Spence
No
Tupa
Yes
Williams
Yes
Bacon
Yes
Windels
Yes
Not Final YES: 5 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS


06:01 PM

Senator Windels stated that HB 1164 would be taken off the table and would be rescheduled for action only on Wednesday, April 27.