HOUSE 3rd Reading Unamended April 9, 2013 HOUSE Amended 2nd Reading April 8, 2013First Regular Session Sixty-ninth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 13-0861.01 Julie Pelegrin x2700 HOUSE BILL 13-1244 HOUSE SPONSORSHIP Fields and Young, SENATE SPONSORSHIP Hudak, House Committees Senate Committees Education Appropriations A BILL FOR AN ACT Concerning continuation of the educational success task force, and, in connection therewith, making an appropriation. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) The bill extends the educational success task force (task force), which is currently scheduled to repeal July 1, 2013. In extending the task force, the bill removes the legislative members from the task force and places them in a separate educational success legislative committee that will oversee the work of the task force, which is made up of experts in a variety of educational areas. The legislative committee must meet at least 4 times per year with the task force. The legislative council staff and the office of legislative legal services will continue to provide staff support for the legislative committee, but not for the task force. The bill removes the task force from the department of education where it is currently housed. The department of education and the department of higher education will continue to provide staff services for the task force to the extent possible within available appropriations. The bill expands the issues that the task force must consider to include best practices and strategies to increase the number of students who graduate from high school, who demonstrate postsecondary and workforce readiness, and who successfully enroll in a postsecondary credential or degree program. The legislative committee and the task force will repeal July 1, 2018. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 22-7-1101, amend (2) as follows: 22-7-1101. Legislative declaration. (2) The general assembly finds, therefore, that it is in the best interests of the state public education system and the students of the state to create a task force to review the relevant data and studies and recommend to school districts, schools, and institutions of higher education best practices and strategies for identifying and assisting students to ensure that they are successful throughout their academic careers and demonstrate postsecondary and workforce readiness when they graduate from high school. The general assembly further finds that it is in the best interests of the state to create a legislative committee to work with the task force shall also to recommend to the general assembly, the state board of education, and the Colorado commission on higher education changes to statutes, rules, or guidelines that may strengthen the ability of school districts, schools, and institutions of higher education to identify and assist students in achieving academic success and demonstrating postsecondary and workforce readiness. SECTION 2. In Colorado Revised Statutes, 22-7-1102, add (3.5) as follows: 22-7-1102. Definitions. As used in this part 11, unless the context otherwise requires: (3.5) "Legislative committee" means the educational success legislative committee created in section 22-7-1102.5. SECTION 3. In Colorado Revised Statutes, add 22-7-1102.5 as follows: 22-7-1102.5. Educational success legislative committee - created - membership. (1) There is created the educational success legislative committee to work with the educational success task force in reviewing data and making recommendations regarding intervention education services in elementary and secondary education, measures to increase the academic success of students in public education, and adult basic education in postsecondary education, especially with regard to recommending statutory and regulatory changes, as the legislative committee deems appropriate, to the general assembly, the state board, and the commission. (2) The legislative committee consists of: (a) Four members from the senate, two of whom the president of the senate shall appoint and two of whom the minority leader of the senate shall appoint; and (b) Four members from the house of representatives, two of whom the speaker of the house of representatives shall appoint and two of whom the minority leader of the house of representatives shall appoint. (3) The terms of members of the legislative committee expire on the convening date of the first regular session of each general assembly. The appointing authorities shall make all appointments and reappointments as soon as practicable after the convening date. The authority making an appointment or reappointment shall fill any vacancy by appointment for the remainder of an unexpired term. Members appointed or reappointed serve at the pleasure of the appointing authority and continue in office until the member's successor is appointed. (4) The president of the senate shall select the first chair of the legislative committee, and the speaker of the house of representatives shall select the first vice-chair. The chair and vice-chair shall alternate annually thereafter between the two houses. The chair and vice-chair of the legislative committee may establish such organizational and procedural rules as are necessary for the operation of the legislative committee. (5) (a) The legislative committee shall meet with the task force at least four times per year and at such other times as it deems necessary. Members of the legislative committee may choose to attend meetings of the task force and participate on subcommittees of the task force. (b) The legislative committee shall oversee the work of the task force and collaborate with the task force in reporting to the general assembly as required in section 22-7-1104. In addition, the legislative committee may recommend legislative changes based on the findings and recommendations of the task force. While the legislative committee may consider and take into account issues and information concerning preschool and education in grades kindergarten through second, the legislative committee's recommendations for legislative changes must focus on education in third grade through postsecondary levels and may include recommendations regarding adult basic education. (6) (a) The members of the legislative committee are compensated only for attendance at meetings of the legislative committee as provided in section 2-2-307, C.R.S. (b) The chair of the legislative council must approve all reasonable and necessary expenses incurred by the legislative committee. The approved expenses are paid by vouchers and warrants drawn as provided by law from moneys allocated to the legislative council for legislative studies from appropriations made by the general assembly. (7) The legislative council staff and the office of legislative legal services shall assist the legislative committee in carrying out its duties. (8) The legislative committee shall report to the legislative council by the date specified in Joint Rule 24 (b) (1) (D). The report may include recommendations for legislation, including but not limited to legislation continuing the legislative committee and the task force and an explanation of the additional time and procedures that the legislative committee may implement to achieve the legislative committee's study goals. Legislation that the legislative committee recommends is treated as legislation recommended by any other interim committee for the purposes of any introduction deadlines or bill limitations imposed by the joint rules of the senate and house of representatives. SECTION 4. In Colorado Revised Statutes, amend 22-7-1103 as follows: 22-7-1103. Educational success task force - created - membership. (1) There is hereby created in the department of education the educational success task force to study and review the data on intervention education services in elementary and secondary education and remedial education in on postsecondary education access and completion, to review the data on adult basic education, to recommend best practices and strategies to school districts and public schools, and to work with the legislative committee to recommend statutory and regulatory changes as it deems appropriate, to the general assembly, the state board, and the commission. (2) (a) The state board and the commission shall jointly appoint no more than twenty persons to serve as members of the task force. in such numbers as they deem appropriate. The membership of the task force shall must include persons who have experience in intervention education services and remedial adult basic education as researchers, practitioners, and parents of students who have received or may receive intervention education services or remedial adult basic education. At a minimum, the state board and the commission shall appoint to the task force: (I) Persons who are experts in one or more of the areas of early childhood education; elementary and secondary education; childhood and adolescent learning theory; curriculum development, especially with regard to intervention education services and programs and intervention strategies; and postsecondary education, especially with regard to remediation programs and strategies; (II) Parents of students enrolled in public schools in the state, including parents who serve on the Colorado state advisory council for parent involvement in education created in section 22-7-303; (III) Members of the early childhood leadership commission created in section 24-44.7-102, C.R.S., who have expertise in early childhood development and education; (IV) Elementary and secondary teachers from urban and rural school districts or public schools; (V) Representatives of urban and rural school districts; (VI) Persons who assist students, including students with disabilities, in planning for postsecondary education, which persons may include but need not be limited to persons who specialize in programs and services for exceptional students; persons with expertise in creating and maintaining individual career and academic plans; high school counselors; representatives from precollegiate preparation programs; representatives from career and technical education programs; admissions officers for postsecondary institutions; and disability coordinators for postsecondary institutions; (VII) Representatives of institutions of higher education, including at a minimum representatives of area vocational schools, junior colleges, two-year institutions, four-year institutions, and the research universities; (VIII) Members of the business community; and (IX) Representatives from bipartisan or nonpartisan nonprofit organizations that study or advocate in education issues. (b) In addition to the members appointed pursuant to paragraph (a) of this subsection (2), the task force shall include the following legislative members: (I) Three members from the senate, two of whom are appointed by the president of the senate and one of whom is appointed by the minority leader of the senate; and (II) Three members from the house of representatives, two of whom are appointed by the speaker of the house of representatives and one of whom is appointed by the minority leader of the house of representatives. (3) (a) The appointing authorities shall make the initial appointments to the task force no later than August 1, 2011. The nonlegislative members of the task force shall serve without compensation and without reimbursement for expenses. (b) In appointing members of the task force, the state board and the commission may appoint individual persons to satisfy the criteria in more than one of subparagraphs (I) to (IX) of paragraph (a) of subsection (2) of this section. The members of the task force shall serve at the pleasure of their respective appointing authorities. (b.5) The members of the task force shall serve for two-year terms and may be reappointed for successive terms. (c) The state board and the commission shall jointly appoint up to three members of the task force to serve as chair or co-chairs of the task force. If the state board and the commission appoint co-chairs, the persons appointed shall be representative of the various interests serving on the task force. The task force shall hold its first meeting no later than September 1, 2011, and shall subsequently meet at the call of the chair or co-chairs as often as necessary to carry out its duties. (d) The chair or co-chairs of the task force may appoint subcommittees of the task force as necessary to complete the duties of the task force. In addition to task force members, a subcommittee may include persons selected by the chair or co-chairs but who are not appointed members of the task force. (4) The department of education and the department of higher education may shall provide staff support to the task force. as necessary and practicable within existing appropriations. The legislative council staff and the office of legislative legal services shall provide staff support to the task force. SECTION 5. In Colorado Revised Statutes, amend 22-7-1104 as follows: 22-7-1104. Educational success task force - issues - reports. (1) In addition to any other duties specified in this part 11, The task force shall have the following duties may consider and make recommendations relating to the following issues: (a) To identify The junctures within a student's academic career at which grade-level academic performance, or higher, is critical to a student's continued academic progress and to ensuring the student can demonstrate postsecondary and workforce readiness no later than high school graduation; (b) To review the Data and research on intervention education services and remedial adult basic education and identify best practices and strategies for identifying students in need of intervention education services, for providing intervention education services at the appropriate junctures in the elementary and secondary education levels, and for providing remedial adult basic education at the postsecondary education level. Best practices and strategies may include, but need not be limited to, recommendations regarding curriculum, methods of delivering intervention education services at the elementary and secondary education levels, professional development, and methods of delivering remedial adult basic education services in postsecondary education, including the use of diagnostic placement testing, the use of modularized, shorter-term courses, electronic delivery of course work, and tutoring; (c) To review The use of students' individual career and academic plans, and make recommendations for including diagnostically using a student's assessment results in creating and maintaining the student's ICAP and for including intervention strategies, where appropriate, in a student's ICAP; (d) To review The practice of social promotion in the public schools of the state and recommend alternative strategies for ensuring students are making sufficient academic progress to demonstrate postsecondary and workforce readiness no later than high school graduation; and (d.5) Best practices and strategies for increasing the number of students who graduate from high school, the number of students who demonstrate postsecondary and workforce readiness before graduating from high school, and the number of students who successfully enroll in postsecondary education credential and degree programs before or after graduating from high school; and (e) To review Appropriate changes to state statutes, state board rules, and the guidelines adopted by the commission and recommend any appropriate changes to assist school districts and public schools in providing intervention education services to help ensure that students demonstrate postsecondary and workforce readiness no later than high school graduation and to assist institutions of higher education in providing remedial education related to the issues described in this subsection (1). (2) In fulfilling its duties, The task force shall work with the education leadership council created by the governor in executive order B 2010-010. The task force shall consult with the education leadership council in setting its meeting agendas, organizing its work plan, and preparing its reports. In addition to the duties specified in this section, the task force may respond to requests from the education leadership council for information, findings, and reports on topics identified by the education leadership council that are complementary to the topics specified in this section. (3) (a) On or before July 1, 2012 2013, and on or before July 1 each year thereafter, the task force shall submit to the legislative committee, the state board, and the commission a first report of its findings and recommendations with regard to the critical junctures for ensuring students' academic progress, best practices and strategies for providing intervention education services and remedial adult basic education services, the use of ICAPs, and alternative strategies to social promotion. The report may also include any recommendations regarding changes to state statutes, state board rules, or commission guidelines. If the task force makes additional findings or recommendations following submission of the first report, it shall submit a second report to the state board and the commission prior to July 1, 2013. (b) The state board and the commission shall ensure that the first report and the second report, if any, reports that the task force submits are published on their respective web sites and publicized to the school districts, public schools, and institutions of higher education in the state. (4) The task force shall report its findings and recommendations for legislation to the legislative council in accordance with joint rule 24 (b) (1) (D) of the senate and the house of representatives and shall be subject to the limitations on bills specified in said joint rule. Any recommendations for legislation require the approval of a majority of the legislative members of the task force meet at least four times each year with the legislative committee to discuss the task force's progress in reviewing the issues specified in subsection (1) of this section. (5) During the 2012 regular legislative session, no later than January 31, 2012, and during the 2013 regular legislative session, no later than January 31, 2013, one or more representatives of the task force shall meet with the education committees of the house of representatives and the senate, or any successor committees, in a joint meeting to report progress in fulfilling the duties described in subsection (1) of this section. SECTION 6. In Colorado Revised Statutes, amend 22-7-1105 as follows: 22-7-1105. Repeal of part. This part 11 is repealed, effective July 1, 2013 July 1, 2018. Notwithstanding the provisions of section 2-3-1203, C.R.S., the task force shall not be subject to review prior to repeal. SECTION 7. Appropriation. (1) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of education, for the fiscal year beginning July 1, 2013, the sum of $12,135 and 0.2 FTE, or so much thereof as may be necessary, to be allocated to general department and program administration for personal services related to the implementation of this act. (2) In addition to any other appropriation, there is hereby appropriated, out of any moneys in the general fund not otherwise appropriated, to the department of higher education, for the fiscal year beginning July 1, 2013, the sum of $12,135 and 0.1 FTE, or so much thereof as may be necessary, for allocation to the Colorado commission on higher education for personal services related to the implementation of this act. SECTION 8. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.