Final
BILL SUMMARY for SB05-050

HOUSE COMMITTEE ON EDUCATION

Votes:
Action Taken:
Moved a conceptual amendment to specify that schoo
Moved a substitute motion to amend page 2, line 7,
Moved amendment L.006 (Attachment H). The motion
Moved amendment L.008 (Attachment I). Representat
Moved to refer Senate Bill 05-050, as amended, to 		Pass Without Objection
TIE
Pass Without Objection
TIE
PASS



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.