Senate Gives Preliminary OK to CAP4K, Adds English Proficiency Requirement

Gov. Bill Ritter's signature education initiative gained preliminary approval in the Senate Thursday after lawmakers decided to require school districts and charter schools to assure that all students are proficient in the use of the English language.

The measure, which has bipartisan sponsorship in both chambers, would require schools to track the readiness of students entering high school, mandate that credit be given by means other than "seat time" in a class, and update the state's curriculum standards.

The Senate adopted an amendment by Sen. Shawn Mitchell, R-Broomfield, that would add to the curriculum standards a requirement that all students show proficiency in spoken and written English before receiving a diploma. However, it leaves the mechanism for achieving those standards and verifying that a student has achieved them to local school districts and charter schools.

"The goals in SB 212 are not enough--we need to hold districts accountable for reaching and teaching students to speak English," Mitchell said. "If a student spends days, weeks, months and years, in a public school and is eligible to receive a diploma but hasn’t been taught to speak English, its not the student's fault, it's the system's fault. We are failing those students."

SB 212 also phases out the Colorado Student Assessment Program (CSAP) for ninth and tenth graders over time, replacing it with the American College Test (ACT).

The bill faces one more vote in the Senate before moving on to the House. Its primary sponsors are Reps. Christine Scanlan, D-Dillon, and Rob Witwer, R-Genesee, and Sens. Chris Romer, D-Denver, and Joshua Penry, R-Fruita.

CAP4K Clears First Hurdle

Gov. Bill Ritter's far-reaching proposal to re-structure the state's public education system won approval from a Senate committee Thursday, clearing its first hurdle on the way to the lawbooks.

SB 212, which incorporates the governor's "Colorado Achievement Plan for Kids (CAP4K)", was approved by the Senate Education Committee on a unanimous, bipartisan vote.

CAP4K, which Ritter introduced at a press conference last month,has four principal elements:

1. The state Board of Education and Colorado Commission on Higher Education would be required to establish definitions of school readiness and college and workforce readiness.
2. The state's Model Content Standards that guide the high school curriculum would be expanded and improved. They would apply to all grades from pre-school to the first year of college (standards currently only exist for grades 3 through 10) and align those standards with the content and skills needed for success after high school.
3. The school readiness assessment program would be based on a goal of assuring that all students who graduate from high school are ready for college and/or the workforce.
4. Post-secondary institution admission policies would be modified to allow students to earn credit by proving their proficiency in a particular subject as opposed to limiting the circumstances under which knowledge can be assumed to a student's completion of a course.

Among the means used to assess student proficiency would be a series of subject-based examinations that would replace the CSAP tests.

SB 212 now goes to the Senate Appropriations Committee.

The bill's bipartisan prime sponsors include Reps. Christine Scanlan, D-Dillon, and Rob Witwer, R-Genesee, and Sens. Chris Romer, D-Denver, and Josh Penry, R-Fruita.

US Highway 285 Designated "Ralph Carr Memorial Highway"

Both chambers of the General Assembly approved Friday a resolution designating the portion of U.S. Highway 285 from its intersection with Colorado Highway 470 in Jefferson County to the New Mexico state line as the "Ralph Carr Memorial Highway."

The designation honors the late former Republican governor known for his opposition to interning Japanese-Americans during World War II.

A recent book by local reporter Adam Schrager details the impact Carr's stance on the question of imprisoning Americans of Japanese descent had on his political career.

Carr, a former Conejos County attorney, assistant attorney general and United States attorney, sought a U.S. Senate seat in 1942. He lost to incumbent Democrat Edwin Johnson, in part because of his opposition to federal efforts to detain Japanese-Americans at the Ameche relocation camp in eastern Colorado during his term as the state's 29th governor between 1939-1943.

Carr (Dec. 11, 1887-Sept. 22, 1950) grew up in Cripple Creek. He was an opponent of President Franklin D. Roosevelt's "New Deal" program but generally supported FDR's foreign policies.

He was nominated by the GOP for another term as governor in 1950 but died before the general election. He was replaced as the Republican candidate 20 days before the election by Daniel I.J. Thornton, who went on to beat the favored incumbent, Walter W. Johnson. Ironically, Thornton was succeeded by the man who beat Carr for the U.S. Senate seat in 1942, Edwin Johnson.

Carr is buried in Denver's Fairmount Cemetery.

The resolution re-naming U.S. Highway 285 was sponsored by Reps. Rob Witwer, R-Genesee, and Rafael Lorenzo Gallegos, D-Antonito, and Sen. Josh Penry, R-Grand Junction.

Adverse Possession Bill to Be Considered on Second Reading in House Monday

HB 1148, the bill that would make substantial changes to Colorado's law of adverse possession, will be taken up in the House on second reading Mon., Feb. 11.

The bill, sponsored by Reps. Claire Levy, D-Boulder, and Rob Witwer, R-Evergreen, would make it much more difficult for a person to obtain title to another person's land under the doctrine of adverse possession.

A controversial Boulder case in 2007 drew attention to a perceived need to update the law of adverse possession in the state.

Adverse Possession Reform Bill Goes to House Floor

The bill aimed at toughening requirements to obtain title to land through the ancient doctrine of "adverse possession," a process that stirred controversy in Boulder last year, is on the way to consideration by the House after a committee approved it Wednesday.

HB 1148, which has broad bipartisan support, was inspired by the case of a Boulder couple who lost part of a parcel of land they planned to use for a retirement home to a former state judge and his politically active wife. The Boulder County district court that entered the order transferred ownership of the land from Don and Susie Kirlin to Richard McLean and Edith Stevens.

Colorado law has long held that a person can obtain title to another person's land if they occupy it continuously and openly for at least 18 years.

The bill would put in place a requirement that plaintiffs seeking a court order transferring title under the adverse possession doctrine prove, by clear and convincing evidence, that they believed in good faith that they owned the land and would authorize judges to require claimants to pay for the land in question.

The committee heard testimony from the Kirlins.

Bill sponsor Rep. Rob Witwer, R-Evergreen, said that Colorado might have the most permissive adverse possession law in the country. He said that his bill would update the state's law to make it consistent with that in place in a number of other states.

The bill now goes to the House floor. HB 1148 is also sponsored by Rep. Claire Levy, D-Boulder.

Last Session Looms For Some Legislators

Colorado's term limits law will mean that several veteran legislators will be spending their last session at the Capitol this winter and spring. Colorado's 1990 term limits law, which is part of the state constitution (Art. 5, Section 3), gives members of the House of Representatives a maximum of four two-year terms and members of the Senate a maximum of two four-year terms.

Among the senators of both parties who will finish their final terms this session are:

Sen. Ken Gordon (D-Denver)
Sen. Bob Hagedorn (D-Aurora)
Sen. Stephanie Takis (D-Aurora)
Sen. Sue Windels (D-Arvada)
Sen. Ron Tupa (D-Boulder)
Sen. Andy McElhany (R-Colorado Springs)
Sen. Jack Taylor (R-Steamboat Springs)

In addition, Sen. Ted Harvey (R-Highlands Ranch) and Sen. Steve Ward (R-Littleton) are running for Congress in District 6.

Over in the House, these are the members that will be done when the 2008 session adjourns in May:

Rep. Andrew Romanoff (D-Denver)
Rep. Alice Madden (D-Boulder)
Rep. Michael Garcia (D-Aurora)
Rep. Rosemary Marshall (D-Denver)
Rep. Debbie Stafford (D-Aurora)
Rep. Cheri Jahn (D-Golden)
Rep. Alice Borodkin (D-Denver)
Rep. Mary Hodge (D-Brighton)
Rep. Al White (R-Winter Park)

In addition, Rep. Stella Garza-Hicks (R-Colorado Springs), Rep. Rob Witwer (R-Evergreen) and Rep. Ray Rose (R-Montrose) have said they won't seek re-election in the fall. Rep. Dorothy Butcher, D-Pueblo, is also likely serving in her last session at the Capitol, having announced plans to run for a county commission post in the fall instead of for re-election to the House.

White has announced his plans to seek election to the Senate seat held by Taylor, while Borodkin is presumed to be a candidate for the Senate seat now held by Gordon and Garcia is expected to run for the Senate seat now held by Hagedorn.