Bill Summary for Bill Number HB08-1004

Date: 02/07/2008

Final
BILL SUMMARY for HB08-1004

HOUSE COMMITTEE ON EDUCATION

Votes: View-->	Action Taken:
Moved amendment L.005 (Attachment B). The motion Moved to refer House Bill 08-1004, as amended, to	PASS PASS

02:26 PM -- House Bill 08-1004

Representative Todd, prime sponsor, discussed House Bill 08-1004, and presented a strike-below-the-enacting-clause amendment (Attachment B) to address the concerns that were presented when the bill was first heard by the committee on January 17, 2008. She stated that after the first committee meeting, she met with a variety of stakeholders about the concerns, and is now bringing forth this amendment before the committee.

02:31 PM

Representative Todd reviewed the provisions of the strike-below amendment. She explained why the amendment establishes a pilot program. She also stated that language was added in the amendment to inform the student of his or her rights under the law.

02:36 PM

Representative Todd also stated that under current law, a child may be picked up without a court order under certain circumstances. Representative Todd said that the pilot program would be conducted in an urban and rural area. Representative Todd asked for the committee's support of the bill.

02:40 PM

The following persons testified on the bill:

02:40 PM -- Treon Goosen, the Home Educators Legislative Liaison, asked for clarification on the changes to the bill. A discussion ensued about how to verify that a child is being truthful when confronted by a police officer who suspects the student of truancy. Ms. Goosen stated that she would like some of the background of home school law included in the required training of law officers.

02:45 PM -- Barbara Cooper, representing Aurora Public Schools, testified on the bill and described the current cooperation that exists between Aurora Public Schools (APS) and the Aurora Police Department to resolve truancy issues. Ms. Cooper shared a handout pertaining to truancy with committee members (Attachment C). Ms. Cooper said that 8 percent of APS students are considered truant.

02:50 PM

Representative Solano raised questions about the causes of truancy. Ms. Cooper replied that truancy occurs for a variety of reasons, and some include: high school students feel too far behind; do not have school supplies; or parents are not getting them there. Representative Solano further inquired if socioeconomic status is a factor in truancy.

02:52 PM

Representative Summers inquired if it is possible to achieve this type of effort through a memorandum of understanding (MOU). Representative Todd said she was told that there may be staturory obstacles to utilizing a MOU and that it must be done through a pilot program. Brita Darling, Office of Legislative Legal Services, discussed possible reasons why a MOU would not be an acceptable way to enforce the school attendance laws.

02:55 PM

Representative Witwer presented concerns about potential constitutional issues with the bill, and shared excerpts from the Colorado Constitution, which mirror the 4th Amendment rights in the United States Constitution. He presented further concerns about provisions in the bill pertaining to students who refuse to be subject to a "pat down" in order to be returned to school.

02:59 PM

Representative Todd explained that she believes that the outcome of an officer approaching a student about being outside of school, that the student will choose to return to school. Representative Witwer said that he does not disagree with the intent of the bill, but he believes it still infringes on constitutional rights.

03:04 PM -- John White, Denver Police Department, testified on the bill, and stated that law enforcement officers will not detain a juvenile without patting them down first.

03:05 PM

Representative Solano asked for clarification on whether runaways are considered criminals and wanted to know how criminal and civil penalties are dealt with for juveniles. Representative Todd asked for clarification on when pat downs are authorized. Representative Solano asked what currently happens when an officer encounters a truant.

03:10 PM -- Maureen Cain, representing the Colorado Criminal Defense Bar, testified against the bill. She expressed concerns about asking law enforcement officers to act as social workers, which could result in constitutional issues pertaining to the Fourth and Fifth Amendments of the United States Constitution. Ms. Cain further discussed the fact that brain development of adolescents may make them engage in a flight or fight response more often than adults with more mature brain development.

03:14 PM

Ms. Cain stated that current law allows a police officer to bring in a child who is a runaway or a danger to himself or herself.

03:16 PM -- Betsy Allen, representing herself, testified in support of the bill, and shared her experience working for the APS truancy program and with truant students.

03:22 PM -- Bonnie Lavinder, representing Aurora Public Schools, testified in support of the bill. She shared with committee members that there is a strong link between truancy and arrest, and substance abuse. She also stated that this is not a school issue, but a community issue.

03:23 PM -- Phyllis Gail, representing herself, testified in support of the bill because she believes that federal law mandates school attendance. She shared her personal experiences with her child who was a run away and a truant. She asked the committee for the support of the bill and shared two handouts with the committee (Attachments D and E).

03:32 PM

The committee recessed briefly.

03:34 PM

The committee came back to order.


BILL:	HB08-1004
TIME:	03:34:18 PM
MOVED:	Todd
MOTION:	Moved amendment L.005 (Attachment B). The motion passed on a 11-2 vote.
SECONDED:	Witwer
		VOTE
	Benefield	No
	Casso	Yes
	Fischer	Yes
	Gardner C.	Yes
	Kerr A.	Yes
	Massey	Yes
	Peniston	Yes
	Rose	No
	Summers	Yes
	Todd	Yes
	Witwer	Yes
	Solano	Yes
	Merrifield	Yes
Not Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB08-1004
TIME:	03:40:56 PM
MOVED:	Gardner C.
MOTION:	Moved to refer House Bill 08-1004, as amended, to the Committee on Judiciary. The motion passed on a 11-2 vote.
SECONDED:	Casso
		VOTE
	Benefield	No
	Casso	Yes
	Fischer	Yes
	Gardner C.	Yes
	Kerr A.	Yes
	Massey	Yes
	Peniston	Yes
	Rose	No
	Summers	Yes
	Todd	Yes
	Witwer	Yes
	Solano	Yes
	Merrifield	Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:42 PM

The committee adjourned.