Amendments for SB08-130
 

Senate Journal, February 22
After consideration on the merits, the Committee recommends that SB08-130 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.

Amend printed bill, page 9, strike lines 11 through 15 and substitute the
following:

"(f) EVIDENCE THAT A MAJORITY OF THE ADMINISTRATORS
EMPLOYED AT THE PUBLIC SCHOOL, A MAJORITY OF THE TEACHERS
EMPLOYED AT THE PUBLIC SCHOOL, AND A MAJORITY OF THE SCHOOL
ADVISORY COUNCIL FOR THE PUBLIC SCHOOL CONSENT TO DESIGNATION
AS AN INNOVATION SCHOOL;

(g) A STATEMENT OF THE LEVEL OF SUPPORT FOR DESIGNATION AS
AN INNOVATION SCHOOL DEMONSTRATED BY THE OTHER PERSONS
EMPLOYED AT THE PUBLIC SCHOOL, THE STUDENTS AND PARENTS OF
STUDENTS ENROLLED IN THE PUBLIC SCHOOL, AND THE COMMUNITY
SURROUNDING THE PUBLIC SCHOOL;".

Reletter succeeding paragraphs accordingly.

Page 9, line 16, strike "STATUTORY, REGULATORY," and substitute
"STATUTORY SECTIONS INCLUDED IN THIS TITLE OR ANY REGULATORY";

line 18, strike "AND";

after line 18, insert the following:

"(i) A DESCRIPTION OF ANY PROVISION OF THE COLLECTIVE
BARGAINING AGREEMENT IN EFFECT FOR THE PERSONNEL AT THE PUBLIC
SCHOOL THAT WOULD NEED TO BE WAIVED FOR THE PUBLIC SCHOOL TO
IMPLEMENT ITS IDENTIFIED INNOVATIONS; AND";

line 19, strike "(h)" and substitute "(j)".

Page 10, line 9, strike "AND";

strike lines 10 through 16 and substitute the following:

"(c) EVIDENCE THAT A MAJORITY OF THE ADMINISTRATORS AND A
MAJORITY OF THE TEACHERS EMPLOYED AT EACH PUBLIC SCHOOL THAT
WOULD BE INCLUDED IN THE INNOVATION SCHOOL ZONE AND A MAJORITY
OF THE SCHOOL ADVISORY COUNCIL FOR EACH PUBLIC SCHOOL THAT
WOULD BE INCLUDED IN THE INNOVATION SCHOOL ZONE CONSENT TO
CREATING THE INNOVATION SCHOOL ZONE; AND

(d) A STATEMENT OF THE LEVEL OF SUPPORT FOR CREATING AN
INNOVATION SCHOOL ZONE DEMONSTRATED BY THE OTHER PERSONS
EMPLOYED AT EACH PUBLIC SCHOOL THAT WOULD BE INCLUDED IN THE
ZONE, THE STUDENTS AND PARENTS OF STUDENTS ENROLLED IN EACH
PUBLIC SCHOOL THAT WOULD BE INCLUDED IN THE ZONE, AND THE
COMMUNITY IN WHICH THE LOCAL SCHOOL BOARD WOULD APPROVE THE
INNOVATION SCHOOL ZONE. IN DETERMINING THE LEVEL OF SUPPORT,".

Page 14, strike lines 3 through 24 and substitute the following:

"regulatory requirements. (1) UPON DESIGNATION OF A DISTRICT OF
INNOVATION, THE STATE".

Renumber succeeding subsections accordingly.

Page 15, strike lines 1 and 2 and substitute the following:

"INNOVATION; EXCEPT THAT THE STATE BOARD SHALL NOT WAIVE:

(a) ANY STATUTES SPECIFIED IN SECTION 22-2-117 (1) (b);

(b) ANY PROVISION OF ARTICLE 64 OF THIS TITLE; OR

(c) ANY STATUTES THAT ARE NOT INCLUDED IN THIS TITLE,
INCLUDING BUT NOT LIMITED TO ARTICLE 51 OF TITLE 24, C.R.S.";

line 4, strike "AUTOMATICALLY" and substitute "WAIVED BY";

strike line 5;

line 6, strike "(2)" and substitute "(1)";

after line 20, insert the following:

"(4) EACH DISTRICT OF INNOVATION THAT RECEIVES A WAIVER
PURSUANT TO THIS SECTION SHALL SPECIFY THE MANNER IN WHICH THE
INNOVATION SCHOOL OR THE SCHOOLS WITHIN THE INNOVATION SCHOOL
ZONE SHALL COMPLY WITH THE INTENT OF THE WAIVED STATUTES OR
RULES AND SHALL BE ACCOUNTABLE TO THE STATE FOR SUCH
COMPLIANCE.

(5) (a) IF THE LOCAL SCHOOL BOARD FOR A DISTRICT OF
INNOVATION REVISES AN INNOVATION PLAN AS PROVIDED IN SECTION
22-32.5-110, THE LOCAL SCHOOL BOARD MAY REQUEST, AND THE STATE
BOARD SHALL GRANT, ADDITIONAL WAIVERS OR CHANGES TO EXISTING
WAIVERS AS NECESSARY TO ACCOMMODATE THE REVISIONS TO THE
INNOVATION PLAN. IN REQUESTING A NEW WAIVER OR A CHANGE TO AN
EXISTING WAIVER, THE LOCAL SCHOOL BOARD SHALL DEMONSTRATE THE
CONSENT OF A MAJORITY OF THE TEACHERS AND A MAJORITY OF THE
ADMINISTRATORS EMPLOYED AT AND A MAJORITY OF THE SCHOOL
ADVISORY COMMITTEE FOR EACH PUBLIC SCHOOL THAT IS AFFECTED BY
THE NEW OR CHANGED WAIVER.

(b) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (a) OF THIS
SUBSECTION (5), A WAIVER THAT IS GRANTED PURSUANT TO THIS SECTION
SHALL CONTINUE TO APPLY TO A PUBLIC SCHOOL SO LONG AS THE PUBLIC
SCHOOL CONTINUES TO BE DESIGNATED AS AN INNOVATION SCHOOL OR
INCLUDED IN AN INNOVATION SCHOOL ZONE.";

line 27, strike "BE REMOVED" and substitute "WAIVE ANY PROVISIONS OF
THE COLLECTIVE BARGAINING AGREEMENT IDENTIFIED IN THE INNOVATION
PLAN AS NEEDING TO BE WAIVED FOR THE INNOVATION SCHOOL OR THE
INNOVATION SCHOOL ZONE TO IMPLEMENT ITS IDENTIFIED WAIVERS.".

Strike page 16 and substitute the following:
"(b) FOR AN INNOVATION SCHOOL, WAIVER OF ONE OR MORE OF
THE PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT SHALL BE
BASED ON OBTAINING THE APPROVAL, BY MEANS OF A SECRET BALLOT
VOTE, OF AT LEAST SIXTY PERCENT OF THE MEMBERS OF THE COLLECTIVE
BARGAINING UNIT WHO ARE EMPLOYED AT THE INNOVATION SCHOOL.

(c) FOR AN INNOVATION SCHOOL ZONE, WAIVER OF ONE OR MORE
OF THE PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT SHALL
BE BASED ON OBTAINING, AT EACH SCHOOL INCLUDED IN THE INNOVATION
SCHOOL ZONE, THE APPROVAL OF AT LEAST SIXTY PERCENT OF THE
MEMBERS OF THE COLLECTIVE BARGAINING UNIT WHO ARE EMPLOYED AT
THE SCHOOL. THE INNOVATION SCHOOL ZONE SHALL SEEK TO OBTAIN
APPROVAL OF THE WAIVERS THROUGH A SECRET BALLOT VOTE OF THE
MEMBERS OF THE COLLECTIVE BARGAINING UNIT AT EACH SCHOOL
INCLUDED IN THE INNOVATION SCHOOL ZONE. THE LOCAL SCHOOL BOARD
FOR THE INNOVATION SCHOOL ZONE MAY CHOOSE TO REVISE THE PLAN FOR
CREATING AN INNOVATION SCHOOL ZONE TO REMOVE FROM THE ZONE ANY
SCHOOL IN WHICH AT LEAST SIXTY PERCENT OF THE MEMBERS OF THE
COLLECTIVE BARGAINING UNIT EMPLOYED AT THE SCHOOL DO NOT VOTE
TO WAIVE THE IDENTIFIED PROVISIONS OF THE COLLECTIVE BARGAINING
AGREEMENT.

(d) WAIVER OF IDENTIFIED PROVISIONS OF A COLLECTIVE
BARGAINING AGREEMENT FOR AN INNOVATION SCHOOL OR THE PUBLIC
SCHOOLS WITHIN AN INNOVATION SCHOOL ZONE PURSUANT TO THIS
SUBSECTION (1) SHALL CONTINUE SO LONG AS THE INNOVATION SCHOOL
REMAINS AN INNOVATION SCHOOL OR A PUBLIC SCHOOL REMAINS A PART
OF THE INNOVATION SCHOOL ZONE. A WAIVER APPROVED PURSUANT TO
THIS SUBSECTION (1) SHALL CONTINUE TO APPLY TO ANY SUBSTANTIALLY
SIMILAR PROVISION THAT IS INCLUDED IN A NEW OR RENEWED COLLECTIVE
BARGAINING AGREEMENT FOR THE SCHOOLS OF THE DISTRICT OF
INNOVATION.

(2) A DISTRICT OF INNOVATION SHALL NOT BE REQUIRED TO SEEK
A WAIVER BY AN INNOVATION SCHOOL OR A PUBLIC SCHOOL IN AN
INNOVATION SCHOOL ZONE OF ANY PROVISION OF THE COLLECTIVE
BARGAINING AGREEMENT. EACH DISTRICT OF INNOVATION SHALL INCLUDE
IN ITS INNOVATION PLAN A STATEMENT AS TO WHETHER IT WILL SEEK A
WAIVER BY AN INNOVATION SCHOOL OR THE PUBLIC SCHOOLS INCLUDED
IN AN INNOVATION SCHOOL ZONE OF ANY OF THE PROVISIONS OF THE
COLLECTIVE BARGAINING AGREEMENT.".

Page 17, strike lines 1 through 7;

after line 13, insert the following:

"22-32.5-110. District of innovation - review of innovation
schools and innovation school zones. (1) THREE YEARS AFTER THE
LOCAL SCHOOL BOARD OF A DISTRICT OF INNOVATION APPROVES AN
INNOVATION PLAN OR A PLAN FOR CREATING AN INNOVATION SCHOOL
ZONE, AND EVERY THREE YEARS THEREAFTER, THE LOCAL SCHOOL BOARD
SHALL PERIODICALLY REVIEW THE LEVEL OF PERFORMANCE OF THE
INNOVATION SCHOOL AND EACH PUBLIC SCHOOL INCLUDED IN THE
INNOVATION SCHOOL ZONE AND DETERMINE WHETHER THE INNOVATION
SCHOOL OR INNOVATION SCHOOL ZONE IS ACHIEVING OR MAKING
ADEQUATE PROGRESS TOWARD ACHIEVING THE ACADEMIC PERFORMANCE
RESULTS IDENTIFIED IN THE SCHOOL'S OR ZONE'S INNOVATION PLAN. THE
LOCAL SCHOOL BOARD, IN COLLABORATION WITH THE INNOVATION
SCHOOL OR THE INNOVATION SCHOOL ZONE, MAY REVISE THE INNOVATION
PLAN AS NECESSARY TO IMPROVE OR CONTINUE TO IMPROVE ACADEMIC
PERFORMANCE AT THE INNOVATION SCHOOL OR INNOVATION SCHOOL
ZONE. ANY REVISIONS TO THE INNOVATION PLAN SHALL REQUIRE THE
CONSENT OF A MAJORITY OF THE TEACHERS AND A MAJORITY OF THE
ADMINISTRATORS EMPLOYED AT AND A MAJORITY OF THE SCHOOL
ADVISORY COUNCIL FOR EACH AFFECTED PUBLIC SCHOOL.

(2) (a) FOLLOWING REVIEW OF AN INNOVATION SCHOOL'S
PERFORMANCE, IF A LOCAL SCHOOL BOARD FINDS THAT THE ACADEMIC
PERFORMANCE OF STUDENTS ENROLLED IN THE INNOVATION SCHOOL IS
NOT IMPROVING AT A SUFFICIENT RATE, THE LOCAL SCHOOL BOARD MAY
REVOKE THE SCHOOL'S INNOVATION STATUS.

(b) FOLLOWING REVIEW OF THE PERFORMANCE OF AN INNOVATION
SCHOOL ZONE, IF A LOCAL SCHOOL BOARD FINDS THAT THE ACADEMIC
PERFORMANCE OF STUDENTS ENROLLED IN ONE OR MORE OF THE PUBLIC
SCHOOLS INCLUDED IN THE INNOVATION SCHOOL ZONE IS NOT IMPROVING
AT A SUFFICIENT RATE, THE LOCAL SCHOOL BOARD MAY REMOVE THE
UNDERPERFORMING PUBLIC SCHOOL OR SCHOOLS FROM THE INNOVATION
SCHOOL ZONE OR MAY REVOKE THE DESIGNATION OF THE INNOVATION
SCHOOL ZONE.".

Renumber succeeding C.R.S. section accordingly.


Agriculture, Natural Resources, & Energy

Senate Journal, March 10
After consideration on the merits, the Committee recommends that SB08-130 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.

Amend printed bill, page 19, after line 17, insert the following:

"SECTION 4. Appropriation. In addition to any other
appropriation, there is hereby appropriated, out of any moneys in the
general fund not otherwise appropriated, to the department of education,
for the fiscal year beginning July 1, 2008, the sum of eighty thousand five
hundred forty-five dollars ($80,545) and 1.0 FTE, or so much thereof as
may be necessary, for the implementation of this act.".

Renumber succeeding section accordingly.

Page 1, line 104, strike "2008"." and substitute "2008", AND MAKING AN
APPROPRIATION.".


Appropriations

Senate Journal, March 12
SB08-130 by Senator(s) Groff and Spence, Romer; also Representative(s) Witwer and Carroll T.--
Concerning authorization of school district boards of education to implement policy
innovations in public schools, and, in connection therewith, enacting the "Innovation
Schools Act of 2008".

Amendment No. 1, Education Committee Amendment.
(Printed in Senate Journal, February 22, pages 337-340 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 10, pages 503-504 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Windels.

Amend the Education Committee report, dated February 21, 2008, page
3, line 32, strike "WAIVERS."." and substitute "INNOVATIONS.".".

Page 4, strike line 22 and substitute the following:

"(d) IF A LOCAL SCHOOL BOARD, IN COLLABORATION WITH THE
INNOVATION SCHOOL OR THE PUBLIC SCHOOLS INCLUDED IN THE
INNOVATION SCHOOL ZONE, REVISES THE INNOVATION PLAN AS PROVIDED
IN SECTION 22-32.5-110 AND THE REVISIONS INCLUDE CHANGES TO THE
IDENTIFIED PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT
THAT NEED TO BE WAIVED TO IMPLEMENT THE INNOVATIONS THAT ARE
INCLUDED IN THE INNOVATION PLAN, THE LOCAL SCHOOL BOARD SHALL
SEEK SUCH ADDITIONAL WAIVERS OR REVISION OR REVOCATION OF THE
EXISTING WAIVERS OF PROVISIONS OF THE COLLECTIVE BARGAINING
AGREEMENT AS ARE NECESSARY TO IMPLEMENT THE REVISED INNOVATION
PLAN. ANY CHANGES TO WAIVERS, OR ADDITIONAL WAIVERS, OF THE
IDENTIFIED PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT
SHALL BE SUBJECT TO APPROVAL IN THE SAME MANNER AS PROVIDED IN
PARAGRAPHS (b) AND (c) OF THIS SUBSECTION (1) FOR THE INITIAL
APPROVAL OF WAIVERS OF PROVISIONS OF THE COLLECTIVE BARGAINING
AGREEMENT.

(e) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (d) OF THIS
SUBSECTION (1), WAIVER OF IDENTIFIED PROVISIONS OF A COLLECTIVE".

Page 5, line 18, strike "PLAN" and substitute "PLAN, INCLUDING BUT NOT
LIMITED TO REVISING THE IDENTIFICATION OF THE PROVISIONS OF THE
COLLECTIVE BARGAINING AGREEMENT THAT NEED TO BE WAIVED TO
IMPLEMENT THE INNOVATIONS,".


Amendment No. 4(L.010), by Senator Groff.

Amend the Education Committee report, dated February 21, 2008, page
5, line 10, strike "PERIODICALLY".


As amended, ordered engrossed and placed on the calendar for Third Reading and Final Passage.

House Journal, April 18
26 SB08-130 be amended as follows, and as so amended, be referred to
27 the Committee of the Whole with favorable
28 recommendation:
29
30 Amend reengrossed bill, page 14, after line 17, insert the following:
31
32 "(4) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT THE
33 DEPARTMENT OF EDUCATION RECEIVE A ONE-TIME APPROPRIATION TO
34 OFFSET THE COSTS INCURRED BY THE DEPARTMENT AND THE STATE BOARD
35 IN ADOPTING RULES AND OTHERWISE ESTABLISHING THE PROCEDURES FOR
36 IMPLEMENTATION OF THIS SECTION. THE GENERAL ASSEMBLY FINDS,
37 HOWEVER, THAT THE DEPARTMENT OF EDUCATION AND THE STATE BOARD
38 MAY IMPLEMENT THIS SECTION IN FUTURE YEARS WITHOUT ADDITIONAL
39 STATE FUNDING.".
40
41 Page 22, line 17, strike "Appropriation." and substitute "Appropriation
42 - adjustments to the 2008 long bill. (1)";
43
44 after line 22, insert the following:
45
46 "(2) For the implementation of this act, the general fund
2347 appropriation to the controlled maintenance trust fund made in section
48 of the annual general appropriation act, for the fiscal year beginning July
49 1, 2008, shall be decreased by eighty thousand five hundred forty-five
50 dollars ($80,545).".
51
52

House Journal, April 29
51 Amendment No. 1, Appropriations Report, dated April 18, 2008, and
52 placed in member's bill file; Report also printed in House Journal,
53 April 18, page 1449.
54
55 As amended, ordered revised and placed on the Calendar for Third
56 Reading and Final Passage.