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Final Senate vote endorses SB 10-191

Updated 10 p.m. May 12 – The Senate voted 27-8 Wednesday afternoon to re-pass Senate Bill 10-191, the educator effectiveness bill, after accepting House amendments.

A few hours earlier, the House voted 36-29 for the measure.

SB 10-191 cosponsors Sen. Mike Johnston, D-Denver, (left) and Sen. Nancy Spence, R-Centenntial, talked about the importance of the bill before the final Senate vote May 12, 2010.

In the Senate, 13 of the body’s 21 Democrats voted yes. The original April 29 Senate vote was 21-14. Eight Democrats and the House’s one independent joined 27 Republicans in supporting the measure in that chamber. (List of Democrats who voted yes.)

Another education measure, House Concurrent Resolution 10-1002, failed on the House floor Wednesday. It’s the proposed constitutional amendment to allow the legislature to raise taxes for education without voter approval. It needed 44 votes, but the roll call was 35-30. A companion measure, SCR 10-002, also died when the legislature adjourned Wednesday.

Final passage of SB 10-191  makes 2010 the third year in which the legislature has passed major education legislation.

In 2008, lawmakers passed the Colorado Achievement Plan for Kids, which set out a multi-year program of changing the state and local content standards, tests, high school graduation requirements and college entrance standards.

Last year, the legislature approved the educator identifier bill and a measure that revamps the state system for accrediting districts and schools and for improving the most struggling schools.

All those reforms, especially CAP4K and SB 10-191, have long implementation times and uncertainties about how much they ultimately will cost to implement.

Senate supporters praise bill

Senators spoke for about 45 minutes on SB 10-191 before taking their final vote.

Sen. Michael Johnston, D-Denver, the driving force behind the measure, evoked the Tuskegee Airmen’s service in World War II as an event that changed views of race and said, “That’s the moment where we stand now in education.” Saying children must no longer be judged by the disadvantages they bring to school, “What matters to us is that every child gets across the finish line.

“We will absolutely measure our success by how many of those children get across the finish line. … We as adults will hold ourselves accountable.”

Sen. Nancy Spence, R-Centennial and Johnston’s Senate co-sponsor, said, “This bill is a game changer.”

Here’s a sampling of comment from other supporters:

  • “This is truly an historic moment [but] the obligation for us is now to come through with the funding mechanisms that are needed.” – Sen. Chris Romer, D-Denver
  • “As the bill has gone through it has improved significantly.” – Sen. Suzanne Williams, D-Aurora, a former teacher who swung from opposition to support.
  • “I think it is moving in the right direction.” – Sen. Bob Bacon, D-Fort Collins and Senate Education Committee chair who previously opposed the bill. He also warned of funding challenges and called for greater parent and student accountability.
  • “This has been a truly agonizing process.” – Sen. Rollie Heath, D-Boulder, a major force behind Senate amendments who vehemently said the state and its citizens now must step up to adequately fund schools.

The lone voice of opposition was Sen. Evie Hudak, D-Westminster, who has doggedly led the fight against the bill in the Senate.

“In my opinion, the amendments made in the House don’t fix the fundamental problems” in the bill, including cost and expanded testing. She called changes to the bill “lipstick on a pig.”

Sen. Shawn Mitchell, R-Broomfield, didn’t speak during previous debates, but he struck a nuanced note Wednesday. “The change in this bill is not as dramatic as it proponents hope nor as cataclysmic as its opponents fear. It is a moderate bill.”

The debate in the House

There was no debate on the House floor Wednesday on the educator effectiveness bill, but there was plenty of it Tuesday evening when it passed its big test on a preliminary vote.

Representatives huddled May 11, 2010, during a break in formal debate on SB 10-191.

That standing vote on SB 10-191 came at about 11:15 p.m., after hours of emotional debate and just 45 minutes before a midnight deadline for the decision.

Johnston, said, “I’m very pleased. … All of the core components of the bill are intact. I think Colorado took a courageous step in the right direction.” Johnston watched the latter part of the debate from the House gallery.

Bev Ingle, president of the Colorado Education Association, was somber after the vote, saying her group would have to evaluate the amendments before deciding its position on the bill. CEA has been the leading opponent of the measure. Ingle did say she was disappointed with the way the push for the bill was handled. “It didn’t have to be a power play.”

In a nuanced statement issued by CEA Wednesday, Ingle sounded resigned, writing, “This bill has been much improved” and going on to recount the union’s opposition to the bill and the reasons why.

She continued, “CEA will offer its assistance to the [Educator Effectiveness Council] and help it successfully complete its many charges. And we will also examine the bill and the various education processes it impacts. We will do everything we can to make this work for our teachers and our students.”

The bill passed on a standing House vote Tuesday.

More than a dozen amendments were proposed and debated, with most of the sponsors’ changes passed and opponents’ amendments defeated. Lengthy speeches and lots of questions from opponents propelled the debate for five and a half hours.

The key amendment proposed by sponsors raises the possibility of binding arbitration for teachers who lose tenure because of unsatisfactory evaluations but basically delays that decision until the 2013 legislative session.

A key defeat for opponents came just before 10 p.m. when the House turned back an amendment by Rep. Mike Merrifield, D-Colorado Springs, that basically would have gutted the bill. Six or seven Democrats and the House’s one independent stood with Republicans to defeat the amendment.

The House had a midnight deadline to pass the bill on preliminary consideration because legislative rules require a final vote be held no sooner than the next calendar day. And, Wednesday is the last day of the 2010 session.

The debate started at about 6:45 p.m. – following more than an hour and a half of Democratic members orating at length on House Concurrent Resolution 10-1002, the proposed constitutional amendment that would allow the legislature to raise taxes for education spending without a citizen vote. Because such a resolution requires a two-thirds majority in each house to get on the ballot, it’s not expected to pass.

But supporters of HCR 10-1002 used it to highlight their concerns about the troubled state of education funding in Colorado. And the lengthy speeches were seen as a delaying tactic by opponents who at that point still considered trying to run out the clock. No Republicans spoke on HCR 10-1002. And, no GOP members except Rep. Carole Murray, D-Castle Rock and a co-prime sponsor, spoke on SB 10-191.

The split between Democrats on SB 10-191 was personified by Rep. Karen Middleton (left) and Rep. Nancy Todd. Both represent Aurora districts.

The debate was between Democrats.

The main opposition speakers were Democratic Reps. Merrifield, Nancy Todd of Aurora, Judy Solano of Brighton and Debbie Benefield of Arvada, the core of the traditionalist group on the House Education Committee. All but Benefield are retired teachers; she’s a longtime parent activist in Jefferson County.

They were assisted by Rep. Sarah Gagliardi, D-Arvada, a nurse who generally doesn’t have a high profile on education issues. Gagliardi seemed to have the assignment of asking sponsors to explain the meaning of proposed amendments in detail.

The speeches by Merrifield, Todd, Solano and Benefield alternated between emotional pleas and sharp attacks laced with sarcasm. They repeatedly quoted from letters and e-mails written by teachers opposed to the bill.

“This is not a teacher effectiveness bill. This is a measure-and-punish bill,” Merrifield said during his last of several turns at the podium.

Several other Democrats rose to speak against the bill at length.

But Rep. Karen Middleton, D-Aurora and a former member of the State Board of Education, defended the bill and voted for it. At one point, she rose to chide Rep. Max Tyler, D-Golden, who used an ill-considered analogy about a baker and maggoty flour to talk about teachers who have to deal with difficult students.

A chastened Tyler apologized for his remarks and withdrew an amendment he’d proposed.

Rep. Beth McCann, a Democratic lawyer whose district covers a wide swath of northeast Denver, spoke the most eloquently in support of the bill.

She agreed with critics concerned about the potential costs of the bill and the financial pressures facing schools. “We have to get real in this state and support public education with our money.”

But, McCann said, the bill may provide needed impetus for improved educator effectiveness, and, “These kids can’t wait.”

Co-prime sponsor Rep. Christine Scanlan, D-Dillon, and Murray kept their cool at the microphone under criticism of the bill, briefly explaining amendments and successfully urging defeat of hostile ones.

Negotiations went on for hours

Scanlan spent much of her afternoon out of the House chamber, working on amendments, conferring with House Speaker Terrance Carroll, D-Denver (and a bill supporter), and talking to lobbyists, Johnston and other legislative leaders.

Cluster of lobbyists grouped and regrouped in the House lobby and along the second-floor brass rails, conferring on proposed amendments and talking on their cell phones. Department of Education officials and more lobbyists watched the debate from the gallery.

An emotional Rep. Nancy Todd, D-Aurora, repeated her fears about SB 10-191 at the end of the long May 11 debate.

An emotional Todd returned to the microphone alone after the voting was done and as the House was about to adjourn.

The bill is “not a message of hope and encouragement for teachers. … I am so sad at the divisiveness this bill has caused in our state and legislature. … I do want you to hear my heart, because my heart is speaking for 40,000 teachers in the state of Colorado,” she said.

Interestingly enough, little of the discussion focused on the long timelines and multiple decision points that were amended into the bill by the Senate.

The existing Governor’s Council on Educator Effectiveness will develop definitions of teacher and principal effectiveness and is assigned with developing many other details of evaluation systems, cost and educator improvement. After the council is done, the State Board of Education will issue regulations, which will be subject to review by the legislature.

There will be testing of evaluation systems after that, with the full program not going into effect statewide for five years.

The amendment offered by the sponsors and added on the floor Tuesday directs the council to develop proposals for use of binding arbitration in the cases of teachers who lose non-probationary status because of unsatisfactory evaluations. The council will make its recommendations directly to the legislature, not to the state board.

CEA lobbyists said that amendment was important to them, but the union remains opposed to the bill pending review. But the amendment is of concern to some school district interests.

However, the arbitration amendment was seen as the factor that ended the possibility of an attempted “filibuster” and allowed the debate and vote to go forward.

Measure sparked intense debate

The bill has generated an emotional, complex and sometimes over-simplified debate over how to measure teacher quality, whether standardized tests are an accurate measure, cuts in school funding, the wisdom of taking action this year, lack of parental involvement in schools, the political clout of the CEA and how teachers are treated in society.

Many opponents of the bill feel double-crossed by the measure because it would expand on and change the work of the council, a group created by executive order in January after agreement by a wide variety of education interests, including the CEA. The council was supposed to develop definitions of principal and teacher effectiveness and make recommendations to the legislature and State Board of Education by the fall of 2011.

The bill would give the council additional duties and put its functions into state law. A key feature of both the executive order and the bill is the requirement that 50 percent of a teacher’s evaluation be based on student academic growth over time. The bill also applies that standard to principals. And the bill specifies that growth will be measured by a variety of assessments, not just the annual CSAP.

The bill also requires mutual consent between a principal and a teacher for placement in a school, although a House committee amendment requires a principal consult with other teachers in a school. The bill also make satisfactory evaluations a factor in layoffs, and for the first time would require non-probationary teachers to return to probation after two unsatisfactory evaluations.

That, and cost, have been a major sticking point for CEA and led to amendments that would give teachers some appeal rights in cases of unsatisfactory evaluations.

While CEA and a large corps of Democratic legislators have led the charge against the bill, it’s been endorsed by the American Federation of Teachers-Colorado, the Colorado associations of school boards and school executives, the Colorado Children’s Campaign, the state board, education Commissioner Dwight Jones, Ritter and his three immediate predecessors and numerous business, education and community groups.

Some supporters hope passage of the bill will improve Colorado’s chance in the second-round Race to the Top competition, but the sponsors have been downplaying the importance of that.

Democrats who voted yes

Senate

Democrats who voted for the bill on final passage Wednesday were Bob Bacon of Fort Collins, Joyce Foster of Denver, Dan Gibbs of Silverthorne, Rollie Heath of Boulder, Mary Hodge of Brighton, Mike Johnston of Denver, Majority Leader John Morse of Colorado springs, Linda Newell of Denver, Chris Romer of Denver, President Brandon Shaffer of Boulder, Pat Steadman of Denver, Abel Tapia of Pueblo and Suzanne Williams of Aurora.

Bacon, Morse, Shaffer, Steadman, Tapia and Williams voted no when the Senate first passed the bill on April 29.

House

The Democratic representatives who voted yes were co-prime sponsor Christine Scanlan of Dillon, Karen Middleton of Aurora and Joe Rice of Littleton, plus Denver representatives Lois Court, Mark Ferrandino, Jeanne Labuda, Beth McCann and House Speaker Terrance Carroll. Independent Kathleen Curry of Gunnison, a former Democrat, also voted yes.

Ferrandino and Rep. Jim Riesberg, D-Greeley, provided the votes needed to get the bill out of the House Appropriations Committee on a 7-6 vote last Friday. Riesberg voted no on the bill Wednesday.

Do your homework

Tennessee Votes 2018

Early voting begins Friday in Tennessee. Here’s where your candidates stand on education.

PHOTO: Creative Commons

Tennesseans begin voting on Friday in dozens of crucial elections that will culminate on Aug. 2.

Democrats and Republicans will decide who will be their party’s gubernatorial nominee. Those two individuals will face off in November to replace outgoing Republican Gov. Bill Haslam. Tennessee’s next governor will significantly shape public education, and voters have told pollsters that they are looking for an education-minded leader to follow Haslam.

In Memphis, voters will have a chance to influence schools in two elections, one for school board and the other for county commission, the top local funder for schools, which holds the purse strings for schools.

To help you make more informed decisions, Chalkbeat asked candidates in these four races critical questions about public education.

Here’s where Tennessee’s Democratic candidates for governor stand on education

Former Nashville Mayor Karl Dean and state Rep. Craig Fitzhugh of Ripley hope to become the state’s first Democratic governor in eight years.

Tennessee’s Republican candidates for governor answer the big questions on education

U.S. Rep. Diane Black, businessman Randy Boyd, Speaker of the House Beth Harwell, and businessman Bill Lee are campaigning to succeed fellow Republican Haslam as governor, but first they must defeat each other in the 2018 primary election.

Memphis school board candidates speak out on what they want to change

Fifteen people are vying for four seats on the Shelby County Schools board this year. That’s much higher stakes compared to two years ago when five seats were up for election with only one contested race.

Aspiring county leaders in charge of money for Memphis schools share their views

The Shelby County Board of Commissioners and county mayor are responsible for most school funding in Memphis. Chalkbeat sent a survey to candidates asking their thoughts on what that should look like.

Early voting runs Mondays through Saturdays until Saturday, July 28. Election Day is Thursday, Aug. 2.

full board

Adams 14 votes to appoint Sen. Dominick Moreno to fill board vacancy

State Sen. Dominick Moreno being sworn in Monday evening. (Photo by Yesenia Robles, Chalkbeat)

A state senator will be the newest member of the Adams 14 school board.

Sen. Dominick Moreno, a graduate of the district, was appointed Monday night on a 3-to-1 vote to fill a vacancy on the district’s school board.

“He has always, since I have known him, cared about this community,” said board member David Rolla, who recalled knowing Moreno since grade school.

Moreno will continue to serve in his position in the state legislature.

The vacancy on the five-member board was created last month, when the then-president, Timio Archuleta, resigned with more than a year left on his term.

Colorado law says when a vacancy is created, school board must appoint a new board member to serve out the remainder of the term.

In this case, Moreno will serve until the next election for that seat in November 2019.

The five member board will see the continued rollout of the district’s improvement efforts as it tries to avoid further state intervention.

Prior to Monday’s vote, the board interviewed four candidates including Joseph Dreiling, a former board member; Angela Vizzi; Andrew LaCrue; and Moreno. One woman, Cynthia Meyers, withdrew her application just as her interview was to begin. Candidate, Vizzi, a district parent and member of the district’s accountability committee, told the board she didn’t think she had been a registered voter for the last 12 months, which would make her ineligible for the position.

The board provided each candidate with eight general questions — each board member picked two from a predetermined list — about the reason the candidates wanted to serve on the board and what they saw as their role with relation to the superintendent. Board members and the public were barred from asking other questions during the interviews.

Moreno said during his interview that he was not coming to the board to spy for the state Department of Education, which is evaluating whether or not the district is improving. Nor, he added, was he applying for the seat because the district needs rescuing.

“I’m here because I think I have something to contribute,” Moreno said. “I got a good education in college and I came home. Education is the single most important issue in my life.”

The 7,500-student district has struggled in the past year. The state required the district to make significant improvement in 2017-18, but Adams 14 appears to be falling short of expectations..

Many community members and parents have protested district initiatives this year, including cancelling parent-teacher conferences, (which will be restored by fall), and postponing the roll out of a biliteracy program for elementary school students.

Rolla, in nominating Moreno, said the board has been accused of not communicating well, and said he thought Moreno would help improve those relationships with the community.

Board member Harvest Thomas was the one vote against Moreno’s appointment. He did not discuss his reason for his vote.

If the state’s new ratings this fall fail to show sufficient academic progress, the State Board of Education may direct additional or different actions to turn the district around.