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2013 House Bill 4369: Codify “education achievement authority” for failed schools
  1. Introduced by Rep. Lisa Lyons (R) on March 5, 2013, to codify in statute the powers and structure of a state “education achievement authority” (already created by means of an administrative “interlocal agreement”), which is an office in the Department of Education tasked with managing, overseeing or contracting-out the operations of public schools deemed to have failed academically.
    • Referred to the House Education Committee on March 5, 2013.
      • Reported in the House on March 14, 2013, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on March 20, 2013, to replace the previous version of the bill with one that among many other changes caps at 50 the number of academically failed schools the proposed authority can take over. The substitute passed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Collene Lamonte (D) on March 20, 2013, to mandate that an academically failed school taken over by the authority must be operated under all the same state student testing and reporting rules that apply to conventional public schools. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Collene Lamonte (D) on March 20, 2013, to require rather than permit the state to appoint a “school reinvention and transformation team” to advise a school taken over by the authority, comprised of representatives of various specified interests, including the management of the failed school. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Collene Lamonte (D) on March 20, 2013, to require the authority to hold a monthly public meeting in each academically failed school that it takes over. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Theresa Abed (D) on March 20, 2013, to require that the initial members of the authority board appointed by the Governor all serve for four-year terms, rather than the staggered terms proposed by the bill. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Theresa Abed (D) on March 20, 2013, to repeal the law authorizing charter schools. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Winnie Brinks (D) on March 20, 2013, to place the proposed authority under the state school board rather than a separate board appointed by the governor. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Winnie Brinks (D) on March 20, 2013, to essentially give the state Board of Education veto power over the authority taking over an academically failed school. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Winnie Brinks (D) on March 20, 2013, to impose the document disclosure requirements of the state Freedom of Information Act on any charter school management company contracted to run one of the academically failed schools the authority takes over. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Ellen Lipton (D) on March 20, 2013, to strip out a provision establishing that the proposed authority is presumed to legally possess the powers and duties authorized by the bill unless the state Court of Appeals rules otherwise within 60 days, and also a provision requiring annual student progress reports from the authority to the legislature. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Ellen Lipton (D) on March 20, 2013, to establish a 2019 sunset on the proposed authority. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. David Knezek (D) on March 20, 2013, to strip out a provision establishing that the proposed authority's funding is subject to the same school aid act funding provisions as other public schools. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. David Knezek (D) on March 20, 2013, to require "complete educational and organizational audits" of the academically failed schools on the potential authority takeover list, and give those schools more time to implement the audit findings, including renegotiating any problematic union agreement provisions, before being taken over by the authority (which causes its union contracts to be invalidated). Also, to restore an academically failed school district taken over by the authority to its prior management as soon as student performance has been brought into the "normal range," or when the specific problems identified by the amendment's audit are resolved. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. David Knezek (D) on March 20, 2013, to strip out provisions invalidating the union collective bargaining agreement of an academically failed school taken over by the authority. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. David Knezek (D) on March 20, 2013, to strip out provisions invalidating the union collective bargaining agreement of an academically failed school taken over by the authority, and giving the authority other powers over academically failed schools. The amendment failed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Aric Nesbitt (R) on March 20, 2013, to phase-in an eventual cap of 50 on the number of academically-failed schools the authority could manage. The amendment passed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Lisa Lyons (R) on March 20, 2013, to clarify details related to special education in the affected schools. The amendment passed by voice vote in the House on March 20, 2013.
    • Amendment offered by Rep. Lisa Lyons (R) on March 21, 2013, to require the proposed authority to notify the school board of a failed school in the first week of January that it will be taking over one of their schools during the year. The amendment passed by voice vote in the House on March 21, 2013.
    • Amendment offered by Rep. Ken Goike (R) on March 21, 2013, to also allow a failed school to be placed under the management of the local Intermediate School District as an alternative to the proposed authority. If the ISD failed to fix it then the school could still be taken over by the authority. The amendment passed by voice vote in the House on March 21, 2013.
    • Amendment offered by Rep. Joel Johnson (R) on March 21, 2013, to mandate that any previous employees of the failed school who are hired by the authority would have to be left in the (underfunded) state school pension system, where their future benefits would continue to accrue. The amendment passed by voice vote in the House on March 21, 2013.
  2. Passed 57 to 53 in the House on March 21, 2013.
    Who Voted "Yes" and Who Voted "No"

  3. Received in the Senate on April 9, 2013.
    • Referred to the Senate Education Committee on April 9, 2013.
    • Substitute offered in the Senate on December 11, 2013, to replace the previous version of the bill with one that revises several provisions of the House-passed bill. Specifically, the House-passed cap of 50 on the number of academically failed schools the authority can take over is not included, but an 18-month "embargo" on any additional districts being taken over was added. The substitute passed by voice vote in the Senate on December 11, 2013.
    • Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 11, 2013, to make explicit that the EAA is subject to the state Freedom of Information Act, require it to have a conflict of interest policy for board members, disclose its budgets on a website, use Generally Accepted Accounting Principles, have annual audits and more. Upon reconsideration the amendment was adopted. The amendment passed 27 to 11 in the Senate on December 11, 2013.
      Who Voted "Yes" and Who Voted "No"

    • Moved to reconsider by Sen. Arlan Meekhof (R) on December 11, 2013, r the vote by which the amendments offered by Senator Hopgood were adopted.
    • The motion passed by voice vote in the Senate on December 11, 2013, to vote by which the Hopgood transparency amendment passed.
    • Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 11, 2013, to reconsider the vote by which the Hopgood transparency amendment passed. The amendment failed 15 to 23 in the Senate on December 11, 2013.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 11, 2013, to strip out a provision asserting that the bill does not "supersede, alter, or terminate" the "interlocal agreement" by which the EAA was originally created. The amendment failed 18 to 20 in the Senate on December 11, 2013.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 11, 2013, to create an exception to a provision that allows the EAA to use deficit financing to fund a school's operations. This would not apply if the school has experienced a decline in the number of studenets. The amendment failed 12 to 26 in the Senate on December 11, 2013.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Hoon-Yung Hopgood (D) on December 11, 2013, to essentially prohibit any new schools from being transferred to the EAA. The amendment failed 17 to 21 in the Senate on December 11, 2013.
      Who Voted "Yes" and Who Voted "No"

    • Amendment offered by Sen. Phil Pavlov (R) on December 11, 2013, to essentially establish that the EAA is subject to the state Freedom of Information Act, require it to have a conflict of interest policy for board members and supervisors, disclose its budgets on a website, use Generally Accepted Accounting Principles, have annual audits and more. Specifically, the amendment would prohibit the entity from borrowing to pay for the operations of a school it has taken over unless it meets those standards. The amendment passed by voice vote in the Senate on December 11, 2013.
  4. Passed 20 to 18 in the Senate on December 11, 2013, to codify in statute the powers and structure of a state “education achievement authority” (already created by means of an administrative “interlocal agreement”), which is an office in the Department of Education tasked with managing, overseeing or contracting-out the operations of public schools deemed to have failed academically.
    Who Voted "Yes" and Who Voted "No"

  5. Motion by Sen. Arlan Meekhof (R) on December 11, 2013, that the bill be given immediate effect. The motion passed 26 to 12 in the Senate on December 11, 2013.
    Who Voted "Yes" and Who Voted "No"

  6. Received in the House on December 11, 2013, to concur with the Senate-passed version of the bill.
    • Substitute offered by Rep. Lisa Lyons (R) on March 20, 2014, to adopt a substitute version of the bill that generally grants less authority to the state to take over management of academically failed schools, and limits the number of failed schools subject to state reform actions. The substitute passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Rick Outman (R) on March 20, 2014, to establish that a school under EAA authority and that improves to no longer being in the bottom 5 percent for four years in a row would no longer be subject to EAA authority. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Kevin Cotter (R) on March 20, 2014, to require a "post audit" of the EAA every three years. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Harvey Santana (D) on March 20, 2014, to establish that "an entity exercising the functions" of the EAA is considered a public body subject to the state Freedom of Information Act and the Open Meetings Act. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. John Olumba (D) on March 20, 2014, to require academic progress at a school under EAA authority be measured by standardized testing data recognized by the state rather than some other testing data used by the school. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Thomas Hooker (R) on March 20, 2014, to require a school to be among the worst 5 percent in the state for it to be considered for EAA takeover. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Collene Lamonte (D) on March 20, 2014, to subject all schools under EAA authority to the same state laws and regulations which apply to conventional school districts. Among other things this would essentially prohibit converting these schools into charter schools. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Sam Singh (D) on March 20, 2014, to prohibit converting schools under EAA authority into charter schools. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Winnie Brinks (D) on March 20, 2014, to require the EAA to submit annual reports on the finances and academic performance of schools under its authority. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. David Knezek (D) on March 20, 2014, to establish that all employees "hired or brought in" to a school under EAA management must be enrolled in the state-run defined benefit pension system. Note: Most charter school employees are not enrolled in this costly system. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Andy Schor (D) on March 20, 2014, to give the state Board of Education rather than the Department of Treasury the authority to determine if an EAA school meets transparency standards required by the bill to be eligible for state funding. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Andy Schor (D) on March 20, 2014. The amendment failed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Lisa Lyons (R) on March 20, 2014, to only permit the EAA to have 27 academically failed schools under its authority through June, 2016, 39 schools through June, 2017 and 50 schools thereafter. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Michael McCready (R) on March 20, 2014, to establish that no state loan guarantee would apply to debt assumed by a school under EAA authority. The amendment passed by voice vote in the House on March 20, 2014.
    • Amendment offered by Rep. Ken Goike (R) on March 20, 2014, to allow and establish a process for Intermediate School Districts to assume management of an academically failed local school as an alternative to the EAA this assuming authority. The amendment passed by voice vote in the House on March 20, 2014.
    • Substitute offered by Rep. Ellen Lipton (D) on March 20, 2014, to adopt a substitute that would replace the EAA with a new system of academic performance audits and “technical support.” State takeovers of failed schools would no longer be authorized, but a proposed “reform office” could impose an “implementation plan” if, following appeals of dismal audit findings, a failed school’s “stakeholders” did not agree on a program to address those findings. Failed schools whose management has already been taken over by the EAA would be returned to their previous governing body’s control. The substitute failed by voice vote in the House on March 20, 2014.
  7. Passed 56 to 54 in the House on March 20, 2014, to codify in statute the authority of a state “education achievement authority,” which is an office in the Department of Education tasked with reforming public schools whose performance is in the bottom 5 percent for two consecutive years. Not more than 50 schools could eventually be subject to this office's authority (phased in through June 2017), and their management could be transferred to a charter school or another conventional school district. Alternatively, the local intermediate school district could choose to take over a failed school's management.
    Who Voted "Yes" and Who Voted "No"

  8. Received in the Senate on March 25, 2014.

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