“We don’t have time to have two hours of testimony for a bill that won’t move forward,” said Sen. Bob Gardner, R-Colorado Springs. “You introduce bills for public policy discussions as much as anything, and the bill certainly caused that.”
Gardner’s legislation, Senate Bill 264, which came as thousands of teachers were gearing up to protest education funding and educator pay at the state Capitol, drew swift outrage from teachers across Colorado and statehouse Democrats after it was introduced earlier this month.
Even Gardner’s fellow Republicans were wary of the bill.
“I just think it’s wrong to make it illegal for people to be able to walk off the job — criminally,” said Senate President Pro Tem Jerry Sonnenberg, R-Sterling. “Now, does that mean there’s not consequences from your employer? There could be. But those ought to be dealt with by those local school boards, those local administrations.”
Sonnenberg sits on the Senate State, Veterans and Military Affairs Committee — where the bill was set to be heard Monday evening — and without his vote it would not have cleared the panel. Even if the measure had made it through the Republican-controlled Senate, Democrats in the House would have rejected it.
The bill sought to prohibit public school teachers and their organizations from directly or indirectly being involved in a strike and would have barred districts from paying an educator for any day they participate in a demonstration.
Under the bill, school districts would have been able to seek an injunction to stop a strike in court. Any educator who didn’t comply and went on strike anyway would have been in contempt and therefore could have faced fines or up to six months in jail, or both.
AAron Ontiveroz, The Denver Post
Compassion Road Academy school psychologist Elizabeth Hoffman wears a red hat during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Thousands of teachers wear red during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Alma Arteaga, aid to Rep. Leslie Herod stands over the crowd on a balcony outside of the house floor during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Thousands show up in red during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Thousands of teachers wear red as they gather in Civic Center Park during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Reps. Crisanta Duran, Alec Garnett and Jeff Bridges stand over the crowd on a balcony during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Hundreds of signs were left outside of security checkpoints leading into the building during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Representatives applaud teachers during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Teachers wear red as thousands march during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Teachers wear red as they are honored by the house during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Ryder Kunkel, 6, the son of Rep. KC Becker, sits at his mother's desk as she speaks to the house floor during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Kunkel attended the legislature with his mom after school was cancelled due to a teacher shortage on the day. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Teachers and their supporters wear red as they gather outside of the senate chambers entranceway during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Teachers don red and march around the capitol gourds en masse during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Thousands of teachers gather wearing red and holding signs during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
A man stands on a pillar as thousands of teachers gather in Civic Center Park during a teachers rally for more educational funding at the Colorado State Capitol on Friday, April 27, 2018. Thousands of Colorado teachers showed up at the capitol to demonstrate the need for increased funding. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
Jefferson county educators Joel Zigman and Elizabeth Hall march during a teachers rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
Joe Amon, The Denver Post
Thousands of teachers from Jeffco, Lake County, Douglas County and Clear Creek gather at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
AAron Ontiveroz, The Denver Post
Educators gather en masse wearing red and holding signs during a teachers rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
A teacher holds a sign reading "Esperamos respeto, fondos y apoyo (we hope for respect, funds and support)" during a teachers rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
AAron Ontiveroz, The Denver Post
ThunderRidge High School math teacher Heidi Geyer wears a skirt made of receipts as she grades papers during a teacher's rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The receipts are from purchases Geyer has had to make this year from her own money outside of the mathematics department budget. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
Cherokee Trail Elementary School teachers Madison Levine and Erin Coggan (sixth grade) grade papers outside of the senate chambers as they and other educators flooded the capitol during a teacher's rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said. (Photo by AAron Ontiveroz/The Denver Post)
AAron Ontiveroz, The Denver Post
ThunderRidge High School math teacher Heidi Geyer adjusts her skirt made of receipts after she graded papers during a teacher's rally for more educational funding at the Colorado State Capitol on Thursday, April 26, 2018. The receipts are from purchases Geyer has had to make this year from her own money outside of the mathematics department budget. The Colorado Education Association said the walkouts are necessary to alert residents and lawmakers about the status of school funding in Colorado. The stateÕs schools are currently underfunded by $822 million and are $2,700 below the national average in per-pupil funding, the CEA said.
Joe Amon, The Denver Post
Teachers from Jeffco, Lake County, Douglas County and Clear Creek are recognized by the House of Representatives as they protest at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
Joe Amon, The Denver Post
Teachers and parents from Jeffco, Lake County, Douglas County and Clear Creek wait outside the Senate for a chance to talk with legislatures at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
Joe Amon, The Denver Post
State Representative Chris Kennedy talks with some of the thousands of teachers and parents from Jeffco, Lake County, Douglas County and Clear Creek County at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
Joe Amon, The Denver Post
Jenna Johnson 7 years old from Maple Grove Elementary School making a "We Love our Teachers" sign as thousands of teachers from Jeffco, Lake County, Douglas County and Clear Creek descended at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO.
Joe Amon, The Denver Post
Thousands of teachers from Jeffco, Lake County, Douglas County and Clear Creek descended at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
Joe Amon, The Denver Post
Thousands of teachers from Jeffco, Lake County, Douglas County and Clear Creek descended at the state Capitol to demand more money for schools. April 26, 2018 Denver, CO
Furthermore, the measure would have allowed a school district to immediately fire a teacher — without a hearing — if they violated a court order prohibiting a strike.
Gardner said last week that he was going to amend the bill to take out the threat of jail time for educators. He said his legislation was inspired by teacher strikes this year in West Virginia.
Gardner has labeled as “absurd” accusations that he was trying hinder teachers’ free-speech rights, saying the bill didn’t wasn’t designed to take away their right to speak or assemble.
When asked if he would bring the bill again next year, Gardner did not commit. “A lot depends on what happens between now and January of next year,” he said. “If we have a teacher strike, I probably will.”