Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
EDUCATION
Date:
03/17/2005
ATTENDANCE
Time:
01:41 PM
to
05:54 PM
Balmer
X
Benefield
X
Place:
HCR 0107
King
X
Larson
E*
This Meeting was called to order by
McKinley
X
Representative
Merrifield
Penry
X
Pommer
E*
This Report was prepared by
Rose
X
Cathy Eslinger
Solano
X
Todd
X
White
X
Paccione
X
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
SB05-091
SB05-050
SB05-071
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Witness Testimony Only
01:41 PM -- Senate Bill 05-091
The meeting was called to order by the chairman, Representative Merrifield.
01:42 PM
Representative T. Carroll reviewed the provisions of Senate Bill 05-091, concerning reporting data for school accreditation. He discussed the importance of better data on graduation and dropout rates in Colorado.
01:44 PM
The following persons testified:
01:44 PM --
Phil Fox, representing the Colorado Association of School Executives, testified in support of the bill. Mr. Fox indicated that his organization is in favor of a statewide data reporting system. However, he said that he favors using rules and regulations of the State Board of Education, as opposed to putting specific definitions in statute.
01:47 PM --
Van Schoales, representing the Colorado Children's Campaign, testified in support of the bill. He described the research the Children's Campaign has done on high school dropouts and new attempts to look at school configuration. He distributed a copy of a Denver Post editorial dated March 1, 2005 (Attachment A).
01:51 PM
Mr. Schoales responded to questions from members of the committee about the calculation of a graduation rate. Representative Pommer discussed the different definitions of a dropout used at the federal level.
01:56 PM
Representative Carroll responded to questions about the language in the bill concerning "continuation rates" and "mobility rates" as they pertain to accreditation indicators. Representative King discussed the provisions of the bill addressing the promulgation of rules authorized under the bill.
02:00 PM
Jeremiah Barry, Office of Legislative Legal Services, came to the table to respond to questions regarding the bill and indicated that the bill added two new accreditation indicators.
02:02 PM
Alex Medlar, representing the Colorado Children's Campaign, was asked to come to the table concerning the inclusion of a mobility rate as an accreditation indicator.
02:03 PM
Byron Pendley, representing the Colorado Department of Education (CDE), indicated that the State Board of Education has not taken a position on the bill. Representative Pommer asked further questions about the genesis of the bill.
BILL:
SB05-091
TIME:
02:05:11 PM
MOVED:
Pommer
MOTION:
Moved a conceptual amendment, page 4, line 3, strike "(m) MOBILITY RATES.". The amendment was withdrawn.
SECONDED:
Merrifield
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
02:09 PM
Mr. Fox returned to the table to respond to additional questions about calculation of a mobility rates. He advocated retaining the inclusion of mobility rates in the bill.
BILL:
SB05-091
TIME:
02:11:43 PM
MOVED:
Pommer
MOTION:
Moved amendment L.006 (Attachment B). The motion passed on an 8-5 roll call vote.
SECONDED:
Paccione
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
Yes
McKinley
Yes
Penry
No
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-091
TIME:
02:17:31 PM
MOVED:
Pommer
MOTION:
Moved amendment L.007 (Attachment C). The amendment was withdrawn.
SECONDED:
Paccione
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
02:18 PM
The committee recessed.
02:25 PM
The committee came back to order and continued a discussion of amendment L.007. Mr. Barry returned to the table to respond to questions about amendment L.007.
BILL:
SB05-091
TIME:
02:30:49 PM
MOVED:
Todd
MOTION:
Moved amendment L.004 (Attachment D). The chairman ruled that the issue was a settled question.
SECONDED:
Merrifield
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
SB05-091
TIME:
02:35:57 PM
MOVED:
Todd
MOTION:
Moved amendment L.005 (Attachment E). The motion was withdrawn.
SECONDED:
Paccione
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
02:38 PM
Mr. Barry returned to the table to respond to questions regarding amendment L.005. Representative Carroll responded to further questions about the bill. Committee discussion continued on the current statutory provisions for accreditation indicators.
02:47 PM
Committee discussion continued on current State Board of Education authority and a determination about the use of a "promotion rate.".
BILL:
SB05-091
TIME:
02:49:48 PM
MOVED:
Todd
MOTION:
Moved a conceptual amendment, page 2, line 6, after "22-11-104,", insert "ON OR BEFORE NOVEMBER 15, 2005.". The motion passed without objection.
SECONDED:
Paccione
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-091
TIME:
02:51:52 PM
MOVED:
Paccione
MOTION:
Moved a conceptual amendment on page 3, to add the to the accreditation indicator for the percentage of students taking advanced placement: international baccalaureate courses and postsecondary enrollment options courses. The motion passed on an 11-2 roll call vote.
SECONDED:
Todd
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final YES:
11
NO:
2
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-091
TIME:
02:58:15 PM
MOVED:
Paccione
MOTION:
Move to refer Senate Bill 05-091 to the Committee of the Whole, as amended. The motion passed on a 13-0 roll call vote.
SECONDED:
Todd
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES:
13
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
03:00 PM
The committee recessed.
03:08 PM
The committee came back to order.
03:08 PM -- Senate Bill 05-050
Representative Merrifield reviewed the provisions of Senate Bill 05-050, concerning authorization of school districts to refuse to comply with the federal "No Child Left Behind Act of 2001." The bill was heavily amended in the Senate. He outlined his reasons for bringing the bill and discussed the emphasis on testing performance under the federal law.
03:13 PM
Representative King raised concerns about the amendments to the bill made in the Senate, particularly the amendment of the title. Representative Balmer commented on the provisions of the reengrossed bill and on the federal and state issues that the bill raises for him. He discussed the role of the United States Department of Education as it has evolved over the years. Representative Balmer voiced support for the reengrossed version of the bill and related conversations he has had with his school district.
03:23 PM
Representative Penry discussed the passage of the "No Child Left Behind Act" and said that he hopes that the Act can be refined and that its goals can continue. He acknowledged the negotiations and the concepts that evolved as the Act passed. Representative Todd discussed her experiences as a teacher in Cherry Creek School District and the assessment of special education students and the assessment of English language learners. Representative Rose said that he feels that the Act is about federalism.
03:28 PM
The following persons testified:
03:29 PM --
Bill Windler, representing the Colorado Department of Education (CDE), discussed the bill and related the situation in Academy School District #20. He distributed a copy of a letter that he sent to Academy School District #20 regarding their decision to decline Title I, Part A funds (Attachment F). Mr. Windler discussed all of the requirements that the district would still be subject to in declining Title I funds.
03:36 PM
Mr. Windler responded to questions regarding specific programs under the "No Child Left Behind Act." He discussed the CDE's request for further clarification from the United States Department of Education on several of the issues raised by the Academy School District decision. Representative King asked whether school district compliance with the Individuals with Disabilities Education Act (IDEA) impacts decisions about the "No Child Left Behind Act." Mr. Windler responded to further comments made by committee members.
03:46 PM
Mr. Windler responded to specific questions about increases in federal appropriations.
03:47 PM --
Gerald Keefe, representing Kit Carson School District as its superintendent, testified in support of the bill. He discussed the fact that perhaps the accreditation statutes should not reference provisions in the "No Child Left Behind Act." He commented on reporting requirements and their impact on his district.
03:53 PM
Mr. Keefe responded to questions about his school district. He indicated that his district will be studying the option of declining Title I funds. Representative Merrifield made further comments after hearing Mr. Keefe's responses.
03:58 PM --
Paula Stephenson, representing the Colorado Rural Caucus, testified in support of the bill. She voiced concerns about the mandates and sanctions in the "No Child Left Behind Act" and that the Act does not take into account the needs and circumstances in school districts of different sizes. She discussed prospects for waivers of provisions. She responded to questions about the volume of paperwork required for small school districts.
04:04 PM
Representative King asked Ms. Stephenson questions regarding her testimony on waivers. Representative Merrifield said that he had information on waivers sought in other states.
04:06 PM --
Jim Stamper, representing Academy School District #20, discussed the circumstances in his school district. He discussed the response from the CDE that Academy School District #20 and the message that his school district would like to relay to the General Assembly. He said that students in his district are not losing services based on this decision.
04:13 PM
Mr. Stamper continued his explanation of the decision of Academy School District and expressed concern that the National Assessment of Educational Progress (NAEP) does not provide diagnostic results to participating school districts. He also discussed the fact that the NAEP assessments are supposed to be administered immediately prior to the administration of the CSAP assessments.
04:24 PM
Committee discussion continued in conjunction with Mr. Stamper's testimony. Mr. Stamper acknowledged that Mr. King has brought the school district's concerns about the NAEP assessment to national representatives of NAEP. Representative Paccione discussed the evolution of the bill. Representative King relayed discussions held at the national level about potential changes to the NAEP assessment.
04:30 PM
Mr. Stamper responded to questions about CDE responses regarding Academy School District's accreditation indicators and accreditation status.
04:31 PM
Mr. Windler, representing CDE, returned to the table to respond to several additional questions based on witness testimony. Mr. Windler described the development of Colorado's consolidated state plan and the CDE's responses to Academy School District #20. A letter from the CDE to members of the House and Senate Education Committees was distributed (Attachment G). He said that there would be additional review of Colorado's plan by the U.S. Department of Education in the coming year. Mr. Windler discussed the potential for waivers under the "No Child Left Behind Act" and the fact that Colorado's original plan has put in place some flexibility for the state.
04:39 PM
Mr. Windler discussed the results of a recent audit by national officials, and the fact that some concerns have been raised in regard to current provisions in Colorado's plan for flexibility. Mr. Windler described an early proposal for measures of longitudinal growth in Colorado's plan and its rejection by the U.S. Department of Education. Mr. Windler continued his discussion with a review of "No Child Left Behind Act" provisions that allow "safe harbor" for purposes of calculating adequate yearly progress (AYP).
04:45 PM
Mr. Windler responded to further questions regarding the distribution of Title I funding. He discussed the fact that federal officials place a great deal of importance on the NAEP assessments.
04:55 PM
Mr. Windler also responded to questions regarding communication that Academy School District #20 received regarding its accreditation status. Mr. Windler discussed the philosophy of Colorado's three accountability systems.
05:00 PM
Representative Merrifield made final comments on the bill. Representative Pommer discussed a potential amendment.
BILL:
SB05-050
TIME:
05:00:34 PM
MOVED:
Pommer
MOTION:
Moved amendment L.006 (Attachment H). The motion passed without objection.
SECONDED:
Todd
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-050
TIME:
05:04:50 PM
MOVED:
King
MOTION:
Moved amendment L.008 (Attachment I). Representative Merrifield subsequently offered a substitute motion (see vote sheet below). Representative King's original motion was withdrawn.
SECONDED:
Penry
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
BILL:
SB05-050
TIME:
05:09:10 PM
MOVED:
Merrifield
MOTION:
Moved a substitute motion to amend page 2, line 7, strike "OF TITLE I". Line 11, strike "TITLE I." and substitute "FEDERAL ACT." The motion was withdrawn.
SECONDED:
Balmer
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
TIE
05:10 PM
Mr. Windler returned to the table to respond to additional questions regarding different sections of the "No Child Left Behind Act."
05:21 PM
Julie Pelegrin, Office of Legislative Legal Services, came to table to respond to questions regarding potential language to amend the bill.
BILL:
SB05-050
TIME:
05:22:37 PM
MOVED:
Merrifield
MOTION:
Moved a conceptual amendment to specify that school districts that decline sources of funding under the "No Child Left Behind Act" would be exempt from the requirements that accompany the funding and that are identified as waivable. The motion passed without objection.
SECONDED:
Balmer
VOTE
Balmer
Benefield
King
Larson
Excused
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
5:23 PM
Mr. Windler returned to the table to discuss the proposed amendment.
BILL:
SB05-050
TIME:
05:25:25 PM
MOVED:
Merrifield
MOTION:
Moved to refer Senate Bill 05-050, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 roll call vote.
SECONDED:
Todd
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Excused
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES:
12
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
PASS
05:26 PM
The committee recessed.
05:34 PM
The committee came back to order.
05:34 PM -- Senate Bill 05-071
Representative Merrifield reviewed the provisions in the reengrossed version of Senate Bill 05-071, concerning charter schools. Representative Merrifield discussed potential amendments to the bill. He walked through the sections of the bill. A letter from the Poudre School District Board of Education was distributed (Attachment J).
05:40 PM
The following persons testified:
05:40 PM --
Garth Rogers, representing the Board of Education of the Poudre School District, testified on the bill and reviewed provisions in a potential amendment addressing a school district moratorium on charter schools.
05:43 PM
Mr. Rogers responded to questions regarding provisions for the Charter School Institute. The committee discussed the circumstances under which the Poudre School District was denied exclusive chartering authority by the State Board of Education.
05:51 PM
Mr. Rogers responded to questions from committee members regarding the reaction in the school district to the charter school enrollment cap that the district had in place. Representative Pommer asked further questions about the state's role and the perceptions in the school district of the state's role. Mr. Roger responded to Representative Pommer's questions.
05:54 PM
The committee recessed.