SENATE Amended 2nd Reading April 19, 2006Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO. 06-0217.01 Jane Ritter SENATE BILL 06-046 SENATE SPONSORSHIP Tupa, Bacon, Windels, and Williams HOUSE SPONSORSHIP Merrifield, Benefield, and Pommer Senate Committees House Committees Education Appropriations A BILL FOR AN ACT Concerning the study of an education system ranging from pre-kindergarten through higher education, and, in connection therewith, creating a legislative oversight committee and special council, and making an appropriation. 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 School Finance. Finds and declares the importance and necessity of a legislative oversight committee to work with a special council to study education issues associated with pre-kindergarten through higher education. Creates a legislative oversight committee ("committee") to oversee the work of the special council ("P-16 council"). Specifies membership and identifies duties of the committee. Creates the P-16 council for continued examination of an integrated system of education from pre-kindergarten through higher education. Specifies membership and identifies duties of the P-16 council, including issues to be studied. Creates a P-16 cash fund. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Title 22, Colorado Revised Statutes, is amended by THE ADDITION OF A NEW ARTICLE to read: ARTICLE 88 P-16 Education Study 22-88-101. Legislative declaration. (1) The general assembly hereby finds that: (a) No single factor is more critical to Colorado's economic vitality and development than the education of its citizens; (b) A person's education level is a demonstrated indicator of the person's future income. The bureau of labor statistics reports that a postsecondary degree is the main source of preparation for forty-nine of the fifty highest-paying occupations in the United States economy. (c) Skill development through education provides a qualified and productive workforce, and a pool of well-educated workers is the primary factor in attracting and retaining high-skill, high-wage industries; (d) An educated, well-paid population supports higher state and local tax bases, spends money throughout the state, and contributes to a superior quality of life in communities across the state; (e) By modernizing and investing in an education system designed to meet the challenges that confront the state, Colorado can better attract employers, bring new wealth into the state, benefit individuals and communities, and enhance the quality of life statewide; and (f) Colorado must develop the vision and conviction to build and sustain a world-class education system that produces graduates who rank with the world's best if Colorado is to prosper in the future. (2) The general assembly further finds that: (a) To foster a unified focus on raising student achievement and to provide opportunities for students to reach their highest potential, Colorado should establish a legislative oversight committee and a special council to study the creation and implementation of an integrated, seamless system of education stretching from early childhood through higher education, referred to as a "P-16 education system"; (b) A P-16 education system that is aligned at every critical transition point builds on the educational standards currently in place and allows a student to move through progressively more complex materials at the student's natural pace rather than according to age or seat time; (c) A P-16 education system with clear expectations, aligned curricula, and strong support services leads to better academic performance and reduced needs for remediation at all grade levels; (d) A fully functioning P-16 education system expands access to early learning for children under five years of age and improves their readiness for kindergarten; fosters greater collaboration among education professionals at all grade levels; aligns standards and curriculum across grade levels; promotes widespread parent, community, and student understanding of goals and expectations; significantly reduces the amount of postsecondary remedial work required; and lowers dropout rates in secondary and postsecondary schools; and (e) The benefits of a P-16 education system will lead to higher education levels for Colorado citizens from all income and ethnic groups. Higher education levels, in turn, are associated with greater employment stability and civic engagement, as well as decreases in public assistance and crime rates. (3) The Colorado commission on higher education, the Colorado state board of education, and the early childhood school readiness commission have adopted resolutions indicating that cooperation among educators and administrators at all transition points in the education system is crucial to ensure proper preparation of students for higher education and a fulfilling career in the future. Experts in higher education, kindergarten-through-twelfth-grade education, and economic development agree upon the need to create an integrated, seamless P-16 education system. (4) Therefore, the general assembly declares that it is necessary to create a legislative oversight committee and a special council, known as the P-16 council, charged with studying the creation and implementation of an integrated system of education stretching from pre-kindergarten through higher education. 22-88-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Committee" means the legislative oversight committee established pursuant to section 22-88-103. (2) "P-16 council" means the council established pursuant to section 22-88-104 to study the creation and implementation of an integrated system of education stretching from pre-kindergarten through higher education. 22-88-103. Legislative oversight committee - creation - duties. (1) (a) There is hereby created a legislative oversight committee to study the creation and implementation of an integrated system of education stretching from pre-kindergarten through higher education. (b) The committee shall consist of six members. The president of the senate, the minority leader of the senate, the speaker of the house of representatives, and the minority leader of the house of representatives shall appoint the members of the committee, as follows: (I) The president of the senate shall appoint two senators to serve on the committee, and the minority leader of the senate shall appoint one senator to serve on the committee; (II) The speaker of the house of representatives shall appoint two representatives to serve on the committee, and the minority leader of the house of representatives shall appoint one representative to serve on the committee. (c) The president of the senate shall select the first chair of the committee, and the speaker of the house of representatives shall select the first vice-chair. The chair and vice-chair of the committee shall alternate annually thereafter between the two houses. The chair and vice-chair of the committee may establish such organizational and procedural rules as are necessary for the operation of the committee. (d) A vacancy occurring in a committee position appointed pursuant to paragraph (b) of this subsection (1) shall be filled as soon as possible by the appropriate appointing authority. In addition, an appointing authority may remove and replace an appointment made to the P-16 council pursuant to paragraph (b) of this subsection (1). (e) (I) Notwithstanding the provisions of section 2-2-307, C.R.S., the committee may receive payment of per diem and reimbursement for actual and necessary expenses authorized pursuant to said section and any other direct or indirect costs associated with the duties of the committee set forth in this article only from moneys appropriated from the P-16 cash fund created in section 22-88-106. (II) The director of research of the legislative council and the director of the office of legislative legal services may supply staff assistance to the committee as they deem appropriate, within existing appropriations. If staff assistance is not available within existing appropriations, then the director of research of the legislative council and the director of the office of legislative legal services may supply staff assistance to the task force only if moneys are credited to the P-16 cash fund created in section 22-88-106 in an amount sufficient to fund staff assistance. (2) (a) On or before July 1, 2006, the committee shall meet at least once. Beginning in 2006 and continuing each year thereafter, the committee shall meet at least three times each year and at such other times as it deems necessary. (b) The committee shall be responsible for the oversight of the P-16 council. The committee shall submit a report to the general assembly on or before January 15, 2007, and on or before each January 15 thereafter. The annual report shall summarize issues concerning a P-16 education system that have been considered and any recommended legislative proposals. In addition, the committee may recommend legislative changes that shall be treated as bills recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. 22-88-104. P-16 council - creation - membership - duties - repeal. (1) (a) There is hereby created a P-16 council to study the creation and implementation of an integrated system of education stretching from pre-kindergarten through higher education. The P-16 council shall consist of no more than twenty-nine members from higher education, kindergarten-through-twelfth-grade education, the early childhood development community, the business community, and the public at large, appointed as provided in paragraph (b) of this subsection (1). (b) The chair and vice-chair of the committee shall appoint members as follows: (I) One member who represents the state board of education or the department of education; (II) One member who represents the governor's office; (III) One member who represents the lieutenant governor's office; (IV) One member who represents the Colorado commission on higher education; (V) Five members who represent school districts, selected from rural and urban districts throughout the state; (VI) Two members who are teachers or principals in Colorado; (VII) One member who is a licensed middle school or high school counselor in Colorado; (VIII) One member who represents Colorado charter schools; (IX) Five members who represent higher education in Colorado, including one representative from a research institution, one representative from a state college, one representative from the community college system, and at least two faculty members from a research institution, state college, or the community college system; (X) One member who represents a statewide organization of school districts; (XI) Three members from organizations working to improve early childhood school readiness, including one representative from the early childhood and school readiness commission created in section 26-6-304, C.R.S.; (XII) Three members who represent economic development interests throughout the state; (XIII) Two members who are parents, including one representative of a statewide parents' organization; and (XIV) Two members of the public as deemed necessary by the chair and vice-chair. (c) A vacancy occurring in a position appointed by the chair and vice-chair of the committee pursuant to paragraph (b) of this subsection (1) shall be filled as soon as possible by the chair and vice-chair of the committee in accordance with the limitations specified in paragraph (b) of this subsection (1). In addition, the chair and vice-chair of the committee may remove and replace any appointment to the P-16 council made pursuant to paragraph (b) of this subsection (1). (d) In making appointments to the P-16 council, the chair and vice-chair of the committee shall ensure that the membership of the P-16 council reflects the ethnic, cultural, and gender diversity of the state and includes representation of all areas of the state. (2) The P-16 council shall be responsible for studying the creation and implementation of an integrated system of education stretching from pre-kindergarten through higher education. In addition to creating a statewide P-16 vision for education in Colorado, the P-16 council shall specifically consider, but need not be limited to, the following issues: (a) Strategies for closing the achievement gap among socioeconomic groups; (b) Raising academic standards; (c) Aligning kindergarten-through-twelfth-grade curriculum with higher education admission requirements; (d) Improving teacher quality; (e) Strategies to help student transitions from one level of learning to the next; (f) Strategies to increase, improve, and promote school readiness preparation for children under five years of age; (g) Studying the importance and feasibility of coordinating student data across all levels of education, and making recommendations to implement any proposals for such data coordination; and (h) Any other issues concerning education from pre-kindergarten through a four-year college degree, as well as post-graduate work, that arise during the course of the P-16 council's work. (3) On or before August 1, 2007, and on or before each August 1 thereafter, the P-16 council shall orally provide guidance and make findings and recommendations to the committee for its development of reports and legislative recommendations for modification of the early childhood, kindergarten-through-twelfth-grade, and higher education systems in Colorado. In addition, the P-16 council shall: (a) On or before August 1, 2006, and on or before each August 1 thereafter, select a chair and a vice-chair from among its members; (b) Meet at least six times each year from the date of the first meeting, or more often as directed by the chair of the committee; (c) Communicate with and obtain input from groups throughout the state affected by the issues identified in subsection (2) of this section; (d) Create subcommittees as needed to carry out the duties of the P-16 council. The subcommittees may consist, in part, of persons who are not members of the P-16 council. Such persons may vote on issues before the subcommittee but shall not be entitled to vote at meetings of the P-16 council. (e) Submit a written report to the committee on or before October 1, 2006, and on or before each October 1 thereafter, that, at a minimum, specifies: (I) Issues to be studied in upcoming P-16 council meetings and a prioritization of those issues; (II) Findings and recommendations regarding issues of prior consideration by the P-16 council; (III) Legislative proposals of the P-16 council that identify the policy issues involved, the agencies responsible for the implementation of the changes, and the funding sources required for implementation. (4) Members of the P-16 council shall serve without compensation, but they may receive reimbursement for actual and necessary expenses for direct or indirect costs associated with the duties of the P-16 council as set forth in this article. Such reimbursement shall come only from available moneys appropriated from the P-16 cash fund created in section 22-88-106. (5) (a) This section is repealed, effective July 1, 2010. (b) Prior to said repeal, the P-16 council shall be reviewed as provided for in section 2-3-1203, C.R.S. 22-88-105. Committee funding - staff support. (1) The department of education, on behalf of the committee and the P-16 council, is authorized to receive and expend contributions, grants, services, and in-kind donations from any public or private entity for any direct or indirect costs associated with the duties of the committee and the P-16 council set forth in this article. (2) The director of research of the legislative council, the director of the office of legislative legal services, the commissioner of education, and the executive director of the department of higher education may supply staff assistance to the committee and the P-16 council as they deem appropriate within existing appropriations. If staff assistance is not available from a governmental agency within existing appropriations, then the executive director of the department of higher education, the commissioner of education, the director of research of the legislative council, and the director of the office of legislative legal services may supply staff assistance to the committee and the P-16 council only if moneys are credited to the P-16 cash fund created in section 22-88-106 in an amount sufficient to fund staff assistance. The committee and the P-16 council may also accept staff support from the private sector. 22-88-106. P-16 cash fund. (1) All private and public funds received through grants, contributions, and donations pursuant to this article shall be transmitted to the state treasurer, who shall credit the same to the P-16 cash fund, which fund is hereby created and referred to in this section as the "fund". The moneys in the fund shall be subject to annual appropriation by the general assembly for the direct and indirect costs associated with the implementation of this article. All moneys in the fund not expended for the purpose of this article may be invested by the state treasurer as provided by law. All interest and income derived from the investment and deposit of moneys in the fund shall be credited to the fund. Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited or transferred to the general fund or another fund. (2) Compensation and reimbursement as provided in sections 22-88-103 (1) (e) (I), 22-88-104 (4), and 22-88-105 (2) for members of the general assembly and P-16 council, and for staff assistance to the committee and the P-16 council provided by the director of research of the legislative council and the director of the office of legislative legal services shall be approved by the chair of the legislative council and paid by vouchers and warrants drawn as provided by law from moneys appropriated for such purpose and allocated to the legislative council from the fund. SECTION 2. 2-3-1203 (3) (w), Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBPARAGRAPH to read: 2-3-1203. Sunset review of advisory committee. (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: (V) The P-16 council created in section 22-88-104, C.R.S. SECTION 3. 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 legislative department, for the fiscal year beginning July 1, 2005, the sum of six thousand seven hundred nineteen dollars ($6,719) and 0.1 FTE, or so much thereof as may be necessary, for 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 legislative department, for the fiscal year beginning July 1, 2006, the sum of twenty thousand one hundred fifty-six dollars ($20,156) and 0.4 FTE, or so much thereof as may be necessary, for the implementation of this act. SECTION 4. 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.