FIRST Conference Committee on HB05-1216 (05/06/2005)

STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON HB05-1216

Date:	05/06/2005	ATTENDANCE

Time:	01:07 PM to 01:30 PM	Carroll T.	X
		Bacon	X
Place:	HCR 0111	Larson	X
		Spence	E*
This Meeting was called to order by		Groff	E
Representative Marshall		Marshall	X
This Report was prepared by
Cathy Eslinger

01:07 PM -- Call to Order

The meeting was called to order by the chairman, Representative Marshall.

01:07 PM

Representative Marshall reviewed the reasons that the House had requested a conference committee on House Bill 05-1216, concerning the school improvement action cycle for low-performing schools. The specific issue discussed in the House was the addition of a legislative declaration in the Senate. Representative Marshall indicated that she had not requested permission to go beyond the scope of differences, but if the committee discussed additional issues, she could do that after the conference committee meeting. Representative Marshall further discussed the issues raised by the Governor around governance authority and a final authority for determining a plan for a failing school.

01:11 PM

Representative Marshall asked Cameron Lynch, representing the Office of the Governor, to discuss the issues around what may be included in a restructuring plan for a failing school.

01:12 PM -- Tonette Salazar, representing the Denver Public Schools (DPS), spoke about concerns with the bill from the perspective of DPS. She discussed the determination of a plan for a failing school. The current version of the bill has a school district submit the plan to the State Board of Education. Ms. Salazar said that DPS' position is that the specifics of a restructuring plan for school falls under a school districts' constitutional granting of control over instruction. She listed other options for the State Board to ensure that a failing school implements a rigorous restructuring plan.

01:15 PM

Representative Marshall discussed all of the work that has gone in the bill by various parties and indicated that she is concerned about ensuring that the Governor will sign the bill. Representative Larson said he was concerned about jeopardizing the bill by getting into issues beyond the legislative declaration, particularly because a great deal of support for the bill had been expressed in the House.

01:17 PM

Senator Bacon said that too much work has gone into the bill without working to have it passed and signed by the Governor. Representative Marshall again outlined the issues that had been raised by the Governor, including methods of governance for failing schools.

01:18 PM

Mr. Lynch returned to the table and reiterated the concerns of his office. He indicated that the Governor's office supports options for closing a failing school, for converting a failing school to a district or Institute charter school; or for contracting with a private management company to run the school. He said that if the State Board disapproved a plan for a failing school, it will have to specify the reasoning. In discussing what happens when the school district and State Board do not come to an agreement on a plan for a failing school, the Governor's office advocates having the State Board retain final authority to determine the plan. He said that members of the State Board, including member Rico Mann, have said that they are comfortable with the idea.

01:22 PM

Representative Marshall said that if gray areas still exist in the bill, the bill does not satisfy her original intent to clarify governance issues for failing schools.
Ms. Salazar discussed other possibilities for the State Board to retain authority, including options for withholding funding. Mr. Lynch responded to the options discussed by Ms. Salazar.

01:25 PM

Julie Pelegrin, Office of Legislative Legal Services, spoke about various options for the committee in moving the bill forward. Representative T. Carroll said that he believes that the current rerevised bill has a lot of support in the House, and that the committee should consider that in deciding what to propose.


BILL:	HB05-1216
TIME:	01:27:45 PM
MOVED:	Larson
MOTION:	Moved to adopt proposed conference committee report HB1216.01 (Attachment A). The motion passed on a 5-0-1 roll call vote.
SECONDED:	Carroll T.
		VOTE
	Carroll T.	Yes
	Bacon	Yes
	Larson	Yes
	Spence	Yes
	Groff	Excused
	Marshall	Yes
Final YES: 5 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:30 PM

The committee continued to discuss the progress of the bill. The committee was adjourned.