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The Passage of Colorado's Senate Bill

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The Passage of Colorado's Senate Bill THE PASSAGE OF COLORADO’S SENATE BILL 191: GAME CHANGING TEACHER AND PRINCIPAL EFFECTIVENESS LEGISLATION SUMMARY AND ANALYSIS On May 12, 2010, the Colorado State Legislature passed Senate Bill 191 – the Great Teachers and Leaders Bill. SB 191 is the most significant educator effectiveness legislation ever passed by a Democratic controlled legislature. Below is a summary and analysis including: an explanation of the bill, a rundown of its journey through the legislative process, and the key factors that led to the bill’s passage. SB 191 --- WHAT DOES IT DDO?O? 1. Reforms the practice of tenure, otherwise known as non-probationary status in Colorado. Teachers can earn non-probationary status after 3 years of sufficient student academic growth; non-probationary status is revocable following 2 consecutive years of insufficient growth. 2. Governor’s council will define teacher effectiveness and come up with parameters for an evaluation system that requires 50% of a teacher’s evaluation to be based on student achievement using multiple measures. 3. Requires principals to be evaluated annually with 50% of the evaluation based on student achievement and their ability to develop teachers in their buildings and increase their effectiveness. 4. Eliminates the practice of forced teacher placement (slotting teachers in schools without their or the principal’s consent) and replaces it with mutual consent hiring using the Chicago model (principals and teachers must agree to teacher placements and teachers who are not selected serve as substitutes for a year and, if not selected in the subsequent hiring cycle, are put on unpaid leave). 5. Allows school districts to make reduction in force decisions based on teacher performance rather than on seniority. SB 191 --- HOW DID IT PASS? Political Landscape in Colorado 1. Democratic Governor Bill Ritter, Jr. (not running for re-election in 2010) and Lt. Governor Barbara O’Brien were supportive of SB 191. 2. Democrat controlled Senate (21 Democrats – 14 Republicans). Senate President Brandon Shaffer, whose wife is a teacher and union leader, opposed SB 191 on principle but allowed the bill to be introduced. 3. Democrat controlled House (37 Democrats, 27 Republicans, and 1 Independent). Speaker of the House Terrance Carroll strongly supportive of SB 191 but deeply concerned about division within his caucus and upcoming election challenges for his members. 4. Very strong legislative sponsors. Prime Democratic sponsor in Senate, Michael Johnston, author of SB 191, an expert on education policy who was appointed in 2009 through a vacancy committee. Prime Democratic sponsor in House, Christine Scanlan, a veteran in House leadership and knowledgeable about education policy. Prime Republican sponsors in House and Senate, Carole Murray and Nancy Spence, well respected within their party and have strong track records on education issues. 5. Powerful teacher’s union, Colorado Education Association (CEA) was staunchly opposed to SB 191, gave more than $500,000 directly to Senate and House Democratic leadership in 2008 and made significant contributions to Democratic candidates. Key Events Prior to the Legislative Campaign 1. Colorado submitted a decent Round 1 Race to the Top (RTTT) grant application with key weaknesses (scored poorly in Great Teachers and Leaders section and on Implementation). CO was a finalist, but didn’t win (finished 14th out of 16 states). 2. Governor created council through executive order to define teacher effectiveness and figure out how to develop a fair, transparent, and rigorous evaluation system. 3. We knew Round 1 RTTT application didn’t go far enough to win and used the wait time before the official announcement that CO didn’t win to develop a strong coalition of organizations and civic and business leaders ready to take action after announcement. 4. Governor Ritter and Commissioner of Education Dwight Jones’ decision to apply for Round 2 RTTT grant provided vital leverage to move forward with legislation. CEA said they would not participate in the Round 2 application. 5. Recognizing this once in a generation opportunity, Colorado Stand for Children committed to fund an advocacy campaign similar to the campaign led by Stand for Children’s Tennessee affiliate, which provided vital support in January for Governor Phil Bredesen’s “First to the Top” legislation whose passage helped Tennessee win $500 million in Round 1 RTTT funding. The Process 1. SB 191 was introduced in the Colorado Legislature on April 12, 2010. 2. SB 191 was first heard in the Senate Education Committee (5 Democrats and 3 Republicans) where the bill had 2 days of public testimony. Day 1 testimony included National Education Association President Dennis Van Roekel and Colorado Education Association (CEA) leadership and activists. On Day 2 proponents testified – including a panel of four superintendents, 4 teachers, and 3 parents recruited by Stand for Children, former Denver Mayor and A+ Denver Board Chair Federico Peña, Denver Metro Chamber of Commerce President Kelly Brough, Colorado Children’s Campaign President Chris Watney, and President of The New Teacher Project Tim Daly, among others. Bill sponsors took the lead on negotiating several delicate amendments, after which, the bill went to a vote on Friday, April 23. 3. SB 191 passed Senate Education Committee 7-1. Passage was uncertain until the day of the vote. While all but one of the 5 Democrats ultimately voted yes in committee, only 3 of the committee members voted yes again on the 3rd Reading vote on the Senate floor. Key Lesson: A vital asset during the tough Senate Education Committee stage was the ability of Lindsay Neil (Stand for Children), Erin Silver (Colorado Concern and A+ Plus Denver), Moira Cullen (Democrats for Education Reform, Colorado Succeeds and Colorado Children’s Campaign) and Jeani Frickey (Denver Metro Chamber of Commerce) to use their relationships and knowledge of the process to influence the dates, times, and structure of the committee hearings, arrange presentations of the poll results to key state legislators, orchestrate the presentation of more than 2,000 petition signatures to the Senate Education Committee, and coordinate the testimony of more than fifty diverse proponents of the bill – including 4 teachers recruited by Stand Advocacy Director Kayla McGannon, 3 of whom were union members. 4. On April 26, the Senate Appropriations Committee heard and passed SB 191 by a vote of 10-0. 5. On April 29, SB 191 passed 2nd Reading in the Senate after a lengthy debate and several proposed amendments. It passed 3rd Reading on the Senate floor on April 30, by a 21-14 vote (7 Democrats and 14 Republicans voted yes). 6. SB 191 was introduced in the House of Representatives on May 3, just 9 days before the end of the 2010 session. SB 191 faced major challenges in the House given the number of entrenched Democrats with strong ties to the Colorado Education Association. SB 191’s strong House bill sponsor Representative Christine Scanlan, worked hard with Stand and other key coalition members to shore up Democratic votes and prevent bad concessions. Representative Carole Murray, meanwhile, kept Republican House members on board. 7. The Chairman of the House Education Committee, Michael Merrifield strongly opposed the bill; because of his opposition, the date, time, and format for the House Education Committee hearing was unknown to proponents. All negotiation of amendments was deferred to sponsor Representative Christine Scanlan and Speaker of the House Terrance Carroll. After several days of unsuccessful attempted negotiations with CEA, on May 6, after a contentious 10 hour hearing, SB 191 passed out of the House Education Committee on a tense 7-6 vote. Key Lesson: A full page Denver Post ad that ran on the same day as the House Education Committee vote turned out to be a game changer. The ad, purchased and created by Stand less than 48 hours before it ran, illustrated CEA’s isolated opposition by listing the 50+ organizations endorsing the bill – including the American Federation of Teachers who announced their support on May 5, after the negotiation of four reasonable amendments. 8. While the votes were confirmed and we had expected the hearing on Friday, May 7, the hearing was postponed by SB 191 opponents to enable large numbers of teacher opponents to voice opposition at key Democratic Representatives’ town halls across the state. Quickly responding to this pressure tactic, the coalition acted quickly and turned out supporters from our networks across the state. SB 191 was heard in House Appropriations on May 10. Reflective of the tense, conflictive atmosphere, at the Appropriations Committee hearing, the Chair was hostile to both bill sponsor, Representative Christine Scanlan and the Department of Education representative. After marathon questioning, when it came time to vote committee members each discussed the reasoning behind their votes. The most moving testimony came from Representative Mark Ferrandino, who through tears said his last-minute tiebreaking vote was the hardest he ever had to make. Ferrandino talked about his experience as a special education student and the impact a bad teacher had on his confidence and career as a strong motivator for his decision. Because of Ferrandino, SB 191 passed the Appropriations Committee by a vote of 7-6 (2 Democrats and 5 Republicans voted yes). 9. On Tuesday, May 11, the day before Colorado’s legislative session was to end, House Democratic opponents of SB 191 tried to kill the landmark bill with a filibuster. They dragged on consideration of several bills leading up to the discussion about SB 191, which they prolonged with parliamentary maneuvers, nearly 200 amendments, and drawn out dialogues. The debate was long and emotionally charged, including a moment when Democrat Max Tyler compared asking a teacher to educate poor and minority children with odds against them to asking a baker to use flour full of maggots to bake bread that he must sell.
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