Second Regular Session Sixty-fourth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 04-0256.01 Jeff Conway HOUSE BILL 04-1010 HOUSE SPONSORSHIP King, and Spradley SENATE SPONSORSHIP Reeves House Committees Senate Committees Education A BILL FOR AN ACT Concerning the elimination of certain education advisory boards. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Interim Committee on State Government Expenditures. Eliminates the:  Teacher development advisory council (sections 1-6); and  Science and technology education center grants advisory board (sections 7-10). Makes conforming amendments. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Repeal. 22-7-703 (1), Colorado Revised Statutes, is repealed as follows: 22-7-703. Definitions. As used in this part 7, unless the context otherwise requires: (1) "Council" means the teacher development advisory council created in section 22-7-706. SECTION 2. 22-7-706, Colorado Revised Statutes, is amended to read: 22-7-706. Grants - criteria - repeal. (1) There is hereby created the teacher development advisory council to review grant applications submitted pursuant to section 22-7-705 and to make recommendations to the state board for selection of grant recipients and the amount of each grant, not to exceed twenty thousand dollars per grant. The council shall consist of seven members appointed by the governor, with the consent of the senate, as follows: (a) One person with expertise in the area of student assessments and measuring student progress; (b) Two teachers who are leaders in education reform from schools that have demonstrated improvements in student achievement, one of which is located in a rural area of the state and one of which is located in an urban area of the state; (c) Two principals who are leaders in education reform from schools that have demonstrated improvements in student achievement, one of which is located in a rural area of the state and one of which is located in an urban area of the state; (d) One member of a school district board of education who is a leader in education reform and can demonstrate improvement in student achievement in his or her school district; (e) One person with expertise in instructional strategies and techniques. (2) (a) Council members shall serve four-year terms; except that, of the members first appointed, three members shall serve two-year terms. The governor shall select those members who will serve shortened terms. No person may serve more than two consecutive four-year terms. The governor shall make the initial appointments to the council no later than July 1, 2000. Persons initially appointed shall immediately begin to serve but shall be subject to senate confirmation during the first regular session of the sixty-third general assembly. Council members shall hold their offices for the terms for which they have been appointed and until their successors are appointed and qualified. (b) Any member of the council may be removed by the governor at any time for cause. The governor shall fill any vacancy arising on the council due to removal, resignation, or death for the remainder of the vacating member's term. (c) Council members shall serve without compensation, but may be reimbursed for any actual and necessary expenses incurred in the performance of their duties. (d) At the initial council meeting, the council members shall select from among themselves a person to serve as chair of the council. A majority of the council members shall constitute a quorum for transaction of business. (3) (a) The council state board shall meet at least annually to select from among the applications received pursuant to section 22-7-705 those schools that the council state board shall recommend to the state board for receipt of provide a grant pursuant to this part 7. In selecting among applications, the council state board shall apply the following criteria: (I) The quality of the activities the school intends to provide and the credibility of the research supporting such activities; (II) The goals specified by the school and the credibility of the school's plan for measuring success in attaining those goals; (III) The scores earned by students enrolled in the school on the most recently administered statewide assessments, giving priority to schools with a higher percentage of low-scoring students; (IV) Whether the school has previously received a grant pursuant to this part 7 and the demonstrated goals achieved in using the grant as specified in the progress and final reports submitted to the department pursuant to section 22-7-707; (V) Whether other federal and state moneys are available to the school to use in providing teacher development activities; (VI) Any additional criteria established by rule of the state board. (b) If the council state board determines, based on the information submitted pursuant to section 22-7-705 (2) (e), that an applying school has not used the moneys it has received pursuant to Title I of the federal "Elementary and Secondary Education Act of 1965", 20 U.S.C. sec. 6301 et seq., in an effective manner that has resulted in improvements in student learning, the council state board shall deny that school's grant application. (c) The council annually shall submit to the state board for approval a list of recommended grant recipients and the amount to be awarded to each recommended grant recipient by a date specified by rule of the state board. In selecting grant recipients, the council state board, to the extent possible, shall ensure that grants are awarded to schools in all areas of the state. The state board shall either approve or disapprove the entire list of entities by responding to the council within thirty days. If the state board has not responded to the council within thirty days after receipt of the list, the list shall be deemed approved. If the state board disapproves a list, the council may submit a replacement list within thirty days after such disapproval. (4) The council department shall review the one-year progress reports submitted by grant recipients pursuant to section 22-7-707. Based on the information submitted, the council department shall determine whether the grant recipient is making adequate progress toward attainment of the goals specified in the grant application. The council department shall recommend that the state board continue the grant for those recipients making adequate progress and shall recommend that the grant be discontinued for those recipients that are failing to make adequate progress. (5) The department shall provide such clerical and technical assistance as may be requested by the council in fulfilling its duties pursuant to this section. (6) (a) This section is repealed, effective July 1, 2010. (b) Prior to such repeal, the teacher development advisory council shall be reviewed as provided in section 2-3-1203, C.R.S. SECTION 3. 22-7-704 (2) (a) and (2) (b), Colorado Revised Statutes, are amended to read: 22-7-704. Teacher development grant program - created - rules. (2) (a) On or before October 1, 2000, and on or before each October 1 thereafter, subject to available appropriations, the state board pursuant to recommendations from the council made pursuant to section 22-7-706, shall award teacher development grants to schools selected from those submitting applications pursuant to section 22-7-705. Each grant shall continue for two school years, unless discontinued pursuant to paragraph (b) of this subsection (2). No two-year grant shall exceed twenty thousand dollars. On expiration of a grant, a school may reapply for a grant by submitting an application pursuant to section 22-7-705. (b) The state board shall annually review each grant recipient's use of the moneys awarded pursuant to this section. Based on the recommendations of the council department made pursuant to section 22-7-706 (4), The state board shall discontinue the grant awarded to any recipient that is not making adequate progress in achieving the goals identified in the recipient's grant application. SECTION 4. Repeal. 22-7-705 (3), Colorado Revised Statutes, is repealed as follows: 22-7-705. Teacher development grant program - application. (3) The department shall transmit the applications received pursuant to subsection (1) of this section to the council. SECTION 5. The introductory portion to 22-7-707 (3), Colorado Revised Statutes, is amended to read: 22-7-707. Reporting requirements - progress reports - final reports - state report. (3) On or before January 15, 2002, and on or before January 15 each year thereafter, the department shall submit to the governor, the education committees of the senate and the house of representatives, the council, and the board of education in each school district in which a grant recipient is located a state report on the teacher development grant program. The state report shall include the following information: SECTION 6. Repeal. 2-3-1203 (3) (w) (II), Colorado Revised Statutes, is repealed as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (w) July 1, 2010: (II) The teacher development advisory council appointed pursuant to section 22-7-706, C.R.S.; SECTION 7. Repeal. 22-81-202 (1), Colorado Revised Statutes, is repealed as follows: 22-81-202. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Advisory board" means the science and technology education center grants advisory board created in section 22-81-204. SECTION 8. 22-81-204, Colorado Revised Statutes, is amended to read: 22-81-204. Science and technology education center grants - department - review - recommendations. (1) There is hereby created the science and technology education center grants advisory board which shall consist of five members as follows: (a) One member appointed by the president of the senate; (b) One member appointed by the speaker of the house of representatives; and (c) Three members appointed by the governor. (2) The members of the advisory board shall serve two-year terms and may serve up to two consecutive two-year terms; except that, of the members initially appointed, the member appointed by the president of the senate shall serve a one-year term and one of the members appointed by the governor shall serve a one-year term. Members of the advisory board, including any legislative members, shall serve without compensation; except that they may be reimbursed for actual expenses incurred in fulfilling their duties. (3) (a) The advisory board shall review the grant applications received pursuant to this part 2 and shall annually submit to the state board, by a date specified by rule of the state board, a list of recommended grant recipients and the recommended amount of each grant, in accordance with the limitations specified in section 22-81-203 (4) (b). The state board, within thirty days after receiving the recommendations of the advisory board, shall select the grant recipients and specify the amount to be awarded to each recipient, in accordance with the limitations specified in section 22-81-203 (4) (b). (b) In reviewing the applications and making recommendations, the advisory board shall apply the criteria and requirements specified in section 22-81-203 (3). (4) The department shall forward to the advisory state board all grant applications received pursuant to this part 2. Upon request of the advisory board, The department shall provide staff assistance in reviewing review the grant applications and preparing the prepare a list of recommended recipients and grant amounts. (5) (a) This section is repealed, effective July 1, 2011. (b) Prior to said repeal, the science and technology education center grants advisory board shall be reviewed as provided for in section 2-3-1203, C.R.S. SECTION 9. 22-81-203 (2) (a), (3) (b), and (4) (b), Colorado Revised Statutes, are amended to read: 22-81-203. Science and technology education center grant program - created - applications - awards. (2) (a) Beginning on or before January 2, 2002, the state board based on the recommendations of the science and technology education center grants program advisory board created in section 22-81-204, shall, subject to available appropriations, annually award one or more science and technology education center grants for the development and operation of science and technology education centers. (3) (b) The advisory board may not recommend and The state board may not award a science and technology education center grant to any applicant that fails to provide the information specified in subparagraphs (II) and (III) of paragraph (b) of subsection (2) of this section. (4) (b) The state board based on recommendations of the advisory committee, shall specify the amount to be awarded to each science and technology education center that is selected to receive a grant. The amount awarded to a new science and technology education center for start-up costs shall not exceed five hundred thousand dollars for one fiscal year and may not be renewed. The amount awarded to an operating science and technology education center for operating costs shall not exceed two hundred thousand dollars for one fiscal year. SECTION 10. Repeal. 2-3-1203 (3) (x) (I), Colorado Revised Statutes, is repealed as follows: 2-3-1203. Sunset review of advisory committees. (3) The following dates are the dates for which the statutory authorization for the designated advisory committees is scheduled for repeal: (x) July 1, 2011: (I) The science and technology education center grants advisory board, created in section 22-81-204, C.R.S.; SECTION 11. 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.