House Committee on Education (03/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	03/23/2009	ATTENDANCE

Time:	01:32 PM to 03:07 PM	Baumgardner	X
		Benefield	X
Place:	HCR 0112	Massey	X
		Middleton	X
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	X
		Priola	X
This Report was prepared by		Scanlan	X
	Katey McGettrick	Schafer S.	X
		Summers	X
		Todd	X
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1304		Postponed Indefinitely

01:32 PM -- House Bill 09-1304

Representative Solano, sponsor of House Bill 09-1304, concerning the suspension of certain assessments of the Colorado Student Assessment Program (CSAP), presented her bill to the committee. Representative Solano discussed Amendment L.001, and addressed the changes it makes to the bill. She also reviewed a packet of materials with the committee (Attachment A), explaining that Colorado conducts more assessments than are required under federal law. She also noted the funding gap for No Child Left Behind (NCLB). She compared what Colorado spends on assessments with what the federal government spends. She noted the amount of class time that is taken to prepare and administer the CSAP.

01:39 PM

Representative Solano continued her remarks on the bill, noting the amount the state spends on the CSAP. She also specifically discussed the cost of administering the writing assessment. She also reviewed a chart that estimated the cost of CSAP administration and the projected school district budget cuts for the current fiscal year (see Attachment A).

01:45 PM

Representative Summers asked if the additional testing school districts administer are included in the handouts. Representative Solano replied that they are. She explained school districts are electing to conduct other assessments that provide immediate feedback to schools. Representative Murray asked about Amendment L.001, and the availability of federal funds. Committee discussion ensued about how to assess 21st century learning.

01:50 PM

Representative Merrifield asked a question about Amendment L.001 concerning the unnecessary testing and the federal funding sources. Representative Massey asked if Representative Solano compared the state assessments with international assessment standards. Representative Solano replied that she has in the past, but that this bill addresses the use of state funds for a federal mandate. Representative Schafer asked if eliminating the writing assessment sends a message to school districts that writing is not important. She further asked if school districts would continue to teach writing if the writing assessment was no longer required.

01:54 PM

Representative Solano replied that if more testing meant better results, she would agree with Representative Schafer's concerns. Representative Solano stated that she wants to test writing in an authentic and relevant way. Representative Massey asked about the need for more remediation. Representative Solano replied that funding is spent to administer the assessments, but there is not sufficient funding for improving student performance based on the assessment results.

01:57 PM

The following people testified on the bill:

01:58 PM -- Ken Turner, representing the Colorado Department of Education, testified against the bill because it jeopardizes Colorado's eligibility for federal stimulus money.

01:59 PM

Representative Merrifield asked if the assessments Colorado currently conducts meet the testing requirements to qualify for the federal stimulus money. Representative Massey asked how the bill interacts with the Race to the Top (RTT) competitive grant program. Committee discussion ensued about compliance with federal law and eligibility for federal stimulus money. Dr. Turner discussed the current review of content standards. Representative Middleton stated that there is a distinction between what the state does around excellence and what the federal government requires of the state.

02:05 PM

Dr. Turner responded to Representative Middleton's comments, stating that it is shortsighted to remove high school students from the longitudinal growth model. Representative Todd asked if funding the assessment administration with federal funds jeopardizes funding for other stimulus money projects. Representative Solano stated that it is overcompliance with a federal mandate, and Colorado should not use state money to do so. Representative Priola asked if the state forgoes the RTT funding by trying to save money in the state budget. Dr. Turner concurred that it cedes Colorado's high standing to be eligible for federal stimulus funding.

02:10 PM

Representative Merrifield stated that the guidance is not available for RTT, and overcompliance is not necessary to qualify for RTT funds. Representative Solano explained that there is a requirement for states to use reliable and valid assessments, but there is nothing in the federal stimulus package about overcompliance. Dr. Turner replied that it might not be more testing, but better assessments, which is what the state is working on now. Representative Scanlan stated she is not concerned with overcompliance, but rather the value of the assessments. Dr. Turner replied that on the funding side, there is a possibility that removing assessments could diminish the state's standing for stimulus money. Dr. Turner also addressed the timeline for reviewing content standards and assessments, which could include more timely test results and more formative assessments, such as interim benchmark assessments.

02:15 PM

Representative Benefield stated that, to her, House Bill 09-1304 makes a statement to the Governor that the federal stimulus money should be used for the overcompliance of assessment administration in the state. Representative Solano agreed with Representative Benefield's comments, noting that the bill does not change the state education plan, or the administration of CSAP. Representative Murray expressed concern that if the bill passes and the federal government does not authorize funding for this, school districts might have to pay for the assessments.

02:19 PM

Representative Summers asked if the state plan is the main issue. Dr. Turner replied that the federal government must approve changes, and that the Colorado reading and writing assessment are combined, which, should the bill pass, would need to be separated and then approved by the federal government. Representative Massey stated the competitive advantage the state has in RTT money because of overcompliance. He further explained that the use of federal money for assessments instead of state money is just a cost shift. Representative Middleton asked about the amendment. Representative Priola asked about making an amendment to the amendment.
02:23 PM

Representative Murray asked Dr. Turner to comment on the effect of the bill on the longitudinal growth model. Representative Schafer asked about the effect of the bill on school districts.

02:26 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified against the bill because the bill drops assessments that measure high school student progress; eliminating the writing assessment removes a way to measure a critical skill; and changing the assessments before changing the standards is out of order.

02:29 PM -- Jane Urschel and Lucille Steiner, representing the Colorado Association of School Boards (CASB), testified against the bill. Ms. Urschel presented concerns about the bill because of the importance of statewide data collection. Ms. Steiner, representing CASB and Thompson Valley School District, shared the importance of longitudinal data for the school district and the cost for the school district to create its own writing assessment, should it be eliminated with the passage of the bill.

02:35 PM

Representative Peniston asked why the federal government does not require writing assessment. Ms. Urschel explained it could be a lack of foresight on the part of the federal government, and perhaps the difficulty in administering such an assessment.

02:36 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified against the bill because of the unintended consequences of the bill.

02:40 PM -- Dan Daly, representing the Colorado Education Association (CEA), testified in support of the bill, questioning the affordability of overcompliance with federal law, and listed what the state is not funding because of overcompliance. He noted that the state will still have a writing standard, but it would be tested differently.

02:44 PM

Representative Summers stated that even with the savings achieved through this bill, many programs will continue to be unfunded because the savings in the bill are earmarked for kindergarten facility capital construction. Mr. Daly responded explained the amendment redirects the funding to a priority of Representative Solano's, and that he is saying that the money could be better used for another purpose other than the writing assessment.

02:47 PM -- David Sanger, representing AFT Colorado, testified in support of the bill, concurring with the remarks of Mr. Daly, representing CEA.

02:49 PM -- Vicki Newell, representing Colorado PTA, testified in support of the bill, and questioned the gains the state has realized in student achievement from testing, and noted other factors that improve student achievement.


BILL:	HB09-1304
TIME:	02:53:47 PM
MOVED:	Solano
MOTION:	Moved amendment L.001 (Attachment B), as amended (see vote sheet below). The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1304
TIME:	02:54:07 PM
MOVED:	Massey
MOTION:	Moved to amend page one, line 5 of Amendment L.001, strike "may" and substitute "shall". The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

02:56 PM

Representative Solano concluded her remarks on the bill, noting the significant costs NCLB imposes on states. She asked for the committee's support of the bill. Representative Murray expressed concerns about the effect the bill may have on school districts. Representative Scanlan stated that she would be voting against the bill because she would like the implementation of Senate Bill 08-212 occur before making the changes that are proposed in House Bill 09-1304. Representative Todd expressed her support of the bill, but presented concerns about the bill altering the state's eligibility for RTT funding. Representative Schafer explained that she would not be able to support the bill.


BILL:	HB09-1304
TIME:	03:03:05 PM
MOVED:	Solano
MOTION:	Moved to refer House Bill 09-1304, as amended, to the Committee on Appropriations. The motion passed on a 7-6-0 vote.
SECONDED:	Benefield
		VOTE
	Baumgardner	No
	Benefield	Yes
	Massey	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	Yes
	Scanlan	No
	Schafer S.	No
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1304
TIME:	03:04:02 PM
MOVED:	Priola
MOTION:	Moved to reconsider the previous vote on House Bill 09-1304 (see vote sheet above). The motion passed on a 10-3-0 vote.
SECONDED:	Middleton
		VOTE
	Baumgardner	Yes
	Benefield	No
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	No
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	No

Not Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB09-1304
TIME:	03:05:26 PM
MOVED:	Scanlan
MOTION:	Moved to refer House Bill 09-1304, as amended, to the Committee on Appropriations. Representative Summers offered a substitute motion to postpone House Bill 09-1304 indefinitely (see vote sheet below).
SECONDED:	Merrifield
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1304
TIME:	03:05:49 PM
MOVED:	Summers
MOTION:	Moved a substitute motion to postpone House Bill 09-1304 indefinitely. The motion passed on a 7-6-0 vote.
SECONDED:	Priola
		VOTE
	Baumgardner	Yes
	Benefield	No
	Massey	Yes
	Middleton	No
	Murray	Yes
	Peniston	No
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Todd	No
	Solano	No
	Merrifield	No

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:06 PM

The committee adjourned.