Date: 01/17/2008
Final
BILL SUMMARY for HB08-1004
HOUSE COMMITTEE ON EDUCATION
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03:39 PM -- Call to Order
The chairman, Representative Merrifield, called the meeting to order.
03:39 PM -- House Bill 08-1004
Representative Todd, prime sponsor, introduced House Bill 08-1004, concerning truancy in schools. Representative Todd reviewed the provisions of the bill, explaining that the purpose of the bill is not to criminalize truants, but rather to return them to school. She also shared statistics and distributed a handout on truancy (Attachment A).
03:48 PM -- The following people testified on the bill:
03:49 PM -- Cheyenne Hughes, representing the Colorado Progressive Coalition, testified against the bill. Mr. Hughes stated that police force should not be used to return students to school, and shared his personal experiences on skipping school and with the police. Mr. Hughes stated that it would be unlikely that a student would accept a ride from a police officer attempting to return a student to school, and that taking the students into custody could be used to uncover criminal offenses. A discussion ensued among the committee members about the provisions related to taking the child into custody without a court order.
04:02 PM -- Juan Evangelista, representing Padres and Jovenes Unidos, testified against the bill because it criminalizes students for being truant. Mr. Evangelista said the problem of truancy should be solved at school, instead of with police officers. Representative Todd reiterated that the bill provides for interventions once the student is returned to school, to enable students to be successful, not just to punish them.
04:10 PM -- Treon Goossen, representing the Home Educators of Colorado testified, raised concerns about the ramifications the bill would have on home schoolers, and other students who do not follow the public school schedule and suggested ways to remedy those concerns in the bill.
04:16 PM -- Maureen Cain, representing Colorado Criminal Defense Bar, testified against the bill because of legal concerns. She questioned how a police officer could identify what probable cause for a truant is, and what happens with possible ensuing searches of the truant.
04:22 PM -- Cathy Hazouri, representing the American Civil Liberties Union of Colorado, testified against the bill, because the bill does not protect a truant's constitutional rights and presents issues regarding the transfer of students between police jurisdictions.
04:30 PM -- John Barry, Superintendent of Aurora Public Schools, spoke in support of the bill, and shared a list of other school districts and organizations that are in support of the bill. He also shared data linking truancy to other criminal behavior and presented a packet to the committee members (Attachment B). Mr. Oates, representing the Aurora Police Department, spoke in support of the bill, stating that the bill allows police officers to bring students back to school, where they can receive the appropriate intercession. Mr. Oates also shared a handout on juvenile statistics in Aurora (Attachment C).
04:39 PM
Mr. Oates responded to questions from the committee pertaining to the current legal limitations preventing police from picking up truants now, how to deal with truants who do not want to get into the police car. Mr. Barry provided examples of similar truancy enforcement policies that have been successful in other cities.
04:48 PM -- Jane Urshel, representing the Colorado Association of School Boards, spoke in support of the bill, because it is one tool that could assist schools in reducing truancy. Representative Witwer raised concerns about the protection of Fourth and Fifth amendment rights. A discussion ensued among committee members about whether a school constitutes a legal guardian of the student when in school, and of the legal rights of students on a school campus.
04:59 PM -- Bruce Caughey, representing the Colorado Association of School Executives, testified in support of the bill.
05:01 PM -- Dan Daly, representing the Colorado Education Association, spoke in support of the bill, because it recognizes the shared responsibility of schools and law enforcement, and the program is permissive and voluntary.
05:03 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill, because it give law enforcement the authority to pick up truants and return them to school, an authority not afforded to law enforcement under current law.
05:06 PM
Representative Merrifield announced that the bill would be laid over until the questions presented during the committee meeting are addressed.
05:09 P.M.
The committee adjourned.