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Why I Voted NO on SB 191

by: Evie Hudak

Fri Apr 30, 2010 at 16:55:48 PM MST


(Here is the most outspoken Senator's response against SB191 and below is one perspective that is pro-SB191.   - promoted by Fong)

Cross-posted at my blog EvieHudak.com

Before explaining why I voted no on SB 191, I want to say that I appreciate the willingness of my office-mate, Senator Johnston, to listen to me and accept some of my suggestions on the bill. Also, I commend Senator Shaffer for trying to broker a compromise on this bill, as well as Senators Bacon, Heath, and Steadman for their many hours of work in that effort.

I tried very hard to get this bill to a place where everyone could agree. On 2nd Reading I proposed Amendment 80, which would have done just that (by striking the controversial section that has been creating all the uproar - the one that removes teachers' non-probationary status after two years of being rated "ineffective"). However, neither that nor most of the substantive amendments I proposed were accepted. The changes made to this bill in the Education Committee and on 2nd Reading helped, but not enough. They don't get to the heart of what is wrong with the bill.

The first problem with this bill is that it is a huge unfunded mandate. I'm glad we put a cost study into it; but analyzing the cost doesn't pay for it - any more than measuring students' knowledge of the content helps them learn more of it. During the Education Committee meeting on Thursday, April 29, in regard to Senate Concurrent Resolution 2 (which proposes a ballot issue to give the Legislature the ability to raise taxes to pay for education), a witness said, "We've cut our schools to the bone." It's true - our budget cuts are causing staff to be laid off, programs to be eliminated, class sizes to be increased, and schools to be closed. Yet this bill requires numerous things that it doesn't propose to pay for:

Evie Hudak :: Why I Voted NO on SB 191
   1. It doesn't pay for interim assessments that the local districts will need to develop to assess student growth in every subject and at every grade level that we don't have CSAPs in. (By the way, the cost just for developing the new CSAPs and other summative assessments required by CAP4K has been estimated at between $80 million and $140 million.)
  2. It doesn't pay for tracking mechanisms that districts will need to develop in order to gather the data on which teachers are probationary, non-probationary, effective, ineffective, put back on probationary status, and put back on non-probationary status.
  3. It doesn't pay for the extra staff, such as assistant principals, that will be needed to cover the many tasks principals have besides evaluating teachers, such as dealing with discipline issues; much of principals' time will be taken up evaluating every teacher several times every year so as to determine their effectiveness. (By the way, my school district, Jeffco, is cutting assistant principals to save money.)
  4. It doesn't pay for the training principals will need to do the evaluations on the new effectiveness criteria. The Council has not yet made its recommendations for what the other half of effectiveness is - the half that's NOT test scores - but I promise you that if their recommendations are any good, those things won't be things you can determine by a 5-minute drop-in. And do you realize that principals turn over an average of every 3-5 years? That means the principal training will be all the more necessary.
  5. It doesn't pay for professional development to help the ineffective teachers improve - at least I assume that districts would try to avoid constantly hiring new teachers and instead help teachers who are familiar with their curriculum and programs regain effectiveness.
  6. It doesn't pay for the career ladders - we had an estimate in the Education Committee that these might cost as much as $40 million dollars.

Even if we could pay for all the things I just mentioned, this bill still has a fatal flaw. It may be called Ensuring Quality Instruction Through Educator Effectiveness, but what the bill is really about is not helping teachers become effective. Because if it were, it would be about providing the things we know help teachers be more effective: good induction programs, mentoring and coaching, and collaborative planning time. Research shows that if we invest in those things, we will make our educators more effectiveand ensure quality instruction.  

But what this bill is about is setting up a system that will provide a way to remove teachers' non-probationary status - what people call "tenure." [I'm not going to belabor the point about how what we have in Colorado is not tenure (I'm from New York - that's where they have REAL tenure), but for the sake of easy conversation, it is being called that.] Look at all the headlines - this bill is about eliminating tenure. Now I know Senator Johnston says that the bill is actually about improving teacher evaluation, because by using a better evaluation system we will ensure that we keep only the effective teachers. But the other states that that changed their evaluation systems based on effectiveness - Delaware, Tennessee, and Illinois - made no changes to their tenure systems. Why are we doing that? We don't need to do it to qualify for Race to the Top, because the states that got the big grants in Round 1 didn't.

I can only assume that the reason is what I heard from several of the witnesses who testified in favor of the bill, who said we need to eliminate tenure to improve education in our struggling schools. But I say that the problem with education in those schools is not that there are too many ineffective teachers. I say the problem is that we have growing numbers of students who lacked a quality early childhood and thus will always be behind, students who need more intensive services, students who need more individualized instruction - while, at the same time, we have dwindling resources to meet the needs of these students. Last year we passed SB 163, the accountability reform that will do enough to hold schools accountable if students aren't showing growth. The right solution to teacher effectiveness would be to provide more support for teachers and students in struggling schools and to provide adequate resources for those schools.   My school district is planning to cut out half of its instructional coaches and most of its mentors for new teachers, because of budget cuts. Most of the others probably are too.

I think it's a great idea to improve teacher and principal evaluation. It's something that's needed. The Council on Educator Effectiveness will help us do that. But that's all we need to do. The first half of this bill is fine, wonderful. But add the second half, and it goes too far.

I could not in good conscience vote for this bill. I implored my colleagues in the Senate to search theirconscience and see if that's what theirs was telling them. The final vote was 21:14 in favor of the bill. The other wise Senators who joined me in voting no were as follows: Bacon, Boyd, Carroll, Keller, Morse, Sandoval, Schwartz, Shaffer, Steadman, Tapia, Tochtrop, Whitehead, and Williams.

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Call your state rep TODAY! Tell them to vote NO on SB191
Let's scrap this bill and start over.  Progressives need to stand strong against attacks on a worker's right to due process.  This bill is a thinly-veiled attack on teachers clothed in care for kids.

If we really care about kids, let's break TABOR so we can fund public schools adequately.  Let's strengthen the social safety net so they don't show up to class hungry, or visit the dentist more than once a decade, or have their own home to sleep in at night.

Progressives, rally to the side of the teacher!  Rally to the ones that are in the trenches, advocating for children EVERY DAY!


Thanks, Evie.
I just want to say that I was there in the chamber when your amendments were voted down with no real debate. I think you are the one Senator that really stands up for teachers like my wife. We both appreciate you standing up for both teacher and kids.

I hope that more reps in the house show the same kind of backbone that you did.

I walked for you in 08 and look forward to doing it again this year.


It's apparent we can't afford this
why would the legislature agree to "reforms" that the educated know won't fix the problem to a point anywhere close to what it costs while betraying so much of their base? It seems so simplistic and stupid.

And SHAME ON THE REPUBLICANS who voted for it. After all of these lectures about not spending money we don't have!!! How can you justify this?


Thank You for This, Evie
Thank you for taking this position, Evie.  I agree that this bill is flawed.  Perhaps many of us have forgotten that there is no magic solution to complex and difficult problems.  I am glad you did not follow the crowd on this.  I remain unsure that our school systems' managements have either the human or financial resources to implement this program.  And, I wonder if we are mistaking testing with education and the ability to think and to communicate.  Isn't it time that we stop looking for easy solutions to a problem far more complex than current technology or thinking?  I, for one, will be opposing this misguided legislative effort.

thank you for saying WHY
Sen. Hudak -- I think our government would be far better if others followed your lead and clearly said why they do or don't support an issue, particularly with the type of information you list here.

I hope others join you in starting to come onto S2 and elsewhere and talk about their views.

Sorry Michael Bennet, but I'm a real person too


Thank You, Senator Hudak!
This is the kind of thoughtful perspective I wish more of our hair-on-fire legislators would slow down and actually read.  Rarely does anything get fixed when one throws the baby out with the bathwater, and yours has been a voice of reason in what's turned into a war against the thoroughly unreasonable.  Thanks again!

On a related note, I walked for Rollie Heath in the last couple of elections - obviously, that ain't ever gonna happen again, so since I'll have some free time available, please go ahead and count on me wearing out some shoe leather on your behalf next time around.


No on SB 191
Evie Hudak said it all.

If SB 191 is so great, why not make it optional?  If districts have the money and want to pilot a different method of granting tenure, let's watch how many teachers migrate to other districts.  Aren't the proponents of SB 191 all about choice?

The sponsor of SB 191 is an eloquent adovcate of his bill, arguing that teachers and principals aren't the problem but the opportunity.  I would only suggest that proponents put their money where their mouths are.  If they think teachers are key to kids success -- and research shows teachers are important -- then pay them and otherwise support them in their professional roles.  Let them teach to standards instead of judging them according to fidelity to curriculum which is not aligned to standards and doesn't meet kids where they are.  Help teachers keep students in school.  Impelement meaningful parent involvement programs which will promote parent participation -- not of the helicopter parents but the ones we need most to engage.  Differentiate professional development to meet teacher's needs.  Stop tracking kids (like the research says). The list goes on.

It is disheartening to see so-called Democrats go after the teachers unions (of which I am not a member).  Sure teachers should be accountable.  So should superindents.  If teachers did as little to close the education gap as Michael Bennet, they wouldn't get appointed to the U.S. Senate and then serve on the Education Committee.  


Teachers are underpaid
and it's annoying that an important job is not subject to the same so-called free-market rules that private sector jobs can be because the Republican clear cutting mantra of "less government is better government". SB191 is taking advantage of a desperate situation. For those who congratulate the Dems who were "courageous" enough to vote for this, please keep in mind that they voted with some of the most noxious Republicans in the Senate. Thats sayin something.  

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