Michael Dohr, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Dohr presented the Office's rule memorandum concerning the rule issue of the State Board of Education concerning administration of the Colorado Reading to Ensure Academic Development Act (Colorado READ Act). Mr. Dohr discussed the requirement in statute that mandates that certain educators take a course in how to teach reading and how the rule conflicts with the statutory requirements of how teachers prove they have passed the course.
Senator Fields and Mr. Dohr discussed the evidence based requirements in statute versus the rule and how the statute only provides one way of compliance with the statute and the rule provides two ways of compliance with the statute.
Representative Weissman and Mr. Dohr discussed how the crux of the issue is the word "form" and discussed how the rule fits within the statute and how it says the board shall prescribe the form.
Senator Lundeen and Mr. Dohr discussed if a rule is any different if it is promulgated by a constitutionally created board and not just an executive branch department and how the board functions under the APA.
Representative Snyder and Mr. Dohr discussed that the purpose of rule review is to analyze the law without speaking to the intent of the legislation.
Senator Fields and Mr. Dohr discussed the two methods of compliance the rule provides for.
Joe Peters, Assistant Attorney General representing the Colorado Department of Education, testified before the Committee. Mr. Peters spoke to the rule and how it comports with statute and how the board was directed to set the form of the proof.
Representative Snyder and Mr. Peters spoke to how proving compliance works in practice.
Representative Weissman and Mr. Peters discussed how many teachers use the alternate form of proof.
Representative Soper asked Mr. Peters to continue his testimony.
