Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON EDUCATION

Date:01/29/2009
ATTENDANCE
Time:01:33 PM to 05:32 PM
Groff
X
Heath
X
Place:SCR 354
Hudak
X
King K.
X
This Meeting was called to order by
Kopp
*
Senator Bacon
Spence
X
Romer
*
This Report was prepared by
Bacon
X
Jennifer Thomsen
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Conf 09-Metro State College Board of Trustees
SB09-057
SB09-052
SB09-033
SB09-046
Favorably Refer to the Full Senate
Amended, Referred to the Committee of the Whole
Referred to Finance
Referred to the Committee of the Whole
Witness Testimony and/or Committee Discussion Only

01:34 PM -- Confirmation of Appointees to the Metropolitan State College of Denver Board of Trustees


William Hanzlik and Adele Phelan, appointees to the Metropolitan State College of Denver Board of Trustees, came to the table. The letter appointing Mr. Hanzlik and Ms. Phelan may be found in Attachment A. Their applications and resumes are available at the State Archives.

090129AttachA.pdf

Ms. Phelan introduced herself, and described her background in education and on the board. Ms. Phelan, who is being reappointed, commented on the need for continuity on the the board.


01:36 PM

Mr. Hanzlik introduced himself, and described his background and his reasons for wanting to serve on the board. Committee members made comments to the appointees.
BILL:Conf 09-Metro State College Board of Trustees
TIME: 01:42:23 PM
MOVED:Romer
MOTION:Moved to refer the appointments of William Hanzlik and Adele Phelan to the Metropolitan State College of Denver Board of Trustees to the full Senate with a favorable recommendation. The motion passed on an 8-0 vote.
SECONDED:
VOTE
Groff
Yes
Heath
Yes
Hudak
Yes
King K.
Yes
Kopp
Yes
Spence
Yes
Romer
Yes
Bacon
Yes
Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




01:43 PM -- Senate Bill 09-057

Senator Hudak asked for a ruling about whether the bill fits under the title. Senator Bacon said he doesn't have the prerogative to rule on whether the bill fits under its title.

The committee took a brief recess.

01:50 PM

The committee came back to order. Sen. King explained amendment L.001 (Attachment B), which redefines the term "searchable database." He said the amendment also changes the daily reporting requirement to a monthly reporting requirement.
BILL:SB09-057
TIME: 01:52:22 PM
MOVED:King K.
MOTION:Moved amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Kopp
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090129AttachB.pdf

01:52 PM

Senator Bacon explained amendment L.002, which he said would allow for collection of data from school districts about how much it would cost to implement the requirements of the bill. The committee discussed the amendment. Senator Kopp talked about the importance of transparency and honoring what the citizens want. Senator Harvey, the bill sponsor, said amendment L.002 guts the bill. Senator Harvey said citizens should be able to see where school districts are spending money.

Senator Heath responded to Senator Harvey's comments, saying that he talked to a school district in his district, and the person he talked to said implementing the bill would be expensive and an unfunded mandate.

Senator Hudak talked about the current processes citizens can use to give input on school district budgets.

Senator Kopp asked that testimony be reopened so people can speak to amendment L.002. Senator Bacon declined to reopen testimony.

Senator Harvey responded to Senator Hudak's comments.

President Groff agreed that transparency is needed, and said there are questions around how much it would cost and whether there another way to accomplish the goal without taking away the impetus of what the bill is trying to accomplish. He suggested addressing budget transparency in the school finance bill. Senator Harvey said he would be happy to amend the bill to make it a pilot program for all districts that have websites today.

Senator Bacon commented on the possibility that the information required under the bill could be provided by the Colorado Department of Education (CDE), using the information they already get from school districts.

Committee discussion of the amendment and the requirements of the bill continued.


BILL:SB09-057
TIME: 01:52:37 PM
MOVED:Bacon
MOTION:Moved amendment L.002 (Attachment C). The motion passed on a 5-3 vote.
SECONDED:
VOTE
Groff
Yes
Heath
Yes
Hudak
Yes
King K.
No
Kopp
No
Spence
No
Romer
Yes
Bacon
Yes
Not Final YES: 5 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

090129AttachC.pdf

02:10 PM

Senator King made a substitute motion, moving amendment L.004 (Attachment D). He explained that the amendment gives school districts until September 1, 2012, to come into compliance with the requirements of the bill. The committee discussed the amendment.
BILL:SB09-057
TIME: 02:10:07 PM
MOVED:King K.
MOTION:Moved a substitute motion, amendment L.004 (Attachment D). The motion failed on a 4-4 tie vote, so the committee voted on the original motion (L.002).
SECONDED:
VOTE
Groff
Yes
Heath
No
Hudak
No
King K.
Yes
Kopp
Yes
Spence
Yes
Romer
No
Bacon
No
Not Final YES: 4 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: TIE

090129AttachD.pdf
BILL:SB09-057
TIME: 02:17:22 PM
MOVED:King K.
MOTION:Moved an amendment to page 3 of the bill. Between lines 15 and 16, insert "means a school district with an FTE of 1,000 or more or all charter schools with a website". The motion was WITHDRAWN.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Kopp
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:SB09-057
TIME: 02:20:37 PM
MOVED:King K.
MOTION:Refer Senate Bill 09-057, as amended, to the Committee of the Whole. The motion passed on an 8-0 vote.
SECONDED:
VOTE
Groff
Yes
Heath
Yes
Hudak
Yes
King K.
Yes
Kopp
Yes
Spence
Yes
Romer
Yes
Bacon
Yes
Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




02:22 PM -- Senate Bill 09-052

Senator Bacon, sponsor of Senate Bill 052, presented the bill the committee. The bill eliminates the transfer of a portion of fee revenue from the Waste Tire Recycling Development Cast Fund to the Advanced Technology Fund and instead diverts the revenue to the Innovative Higher Education Research Fund. Senator Bacon provided a handout illustrating how the $1.50 fee under the Colorado Waste Tire Program is distributed (Attachment E).

090129AttachE.pdf


02:26 PM

The following persons testified:


02:26 PM --
David Skaggs, Executive Director of the Department of Higher Education (DHE) and Governor's appointee to and chairman of the Higher Education Competitive Research Authority Board of Directors, testified in support of the bill. He described legislation passed in 2007 that established the Innovative Higher Education Research Fund. He commented that, before the 2007 legislation, Colorado has less to bring to the table that its neighbors in competing for highly sought after federal research grants. He said most other states have more money for matching these grants. Director Skaggs described two grants received by the state, saying that, with a state match of $400,000 a year for each, $16 million in federal funds are received over the several-year grant period. He talked about the studies the grants fund and the jobs created through the research activities. He referred to a handout (Attachment F) illustrating the companies in Boulder County that can trace their market position, core technology, or products to the University of Colorado and the research and development work done there. Director Skaggs responded to committee questions.

In response to a question from Senator Hudak, Director Skaggs said Colorado is woefully underfunded compared to the states it competes with. Senator Heath talked about concerns posed by the Boulder County Board of Commissioners, who say the bill is a step backward on the state's recycling and greening goals. Director Skaggs responded, saying that as a matter of basic legislative philosophy, the General Assembly is always faced with decisions about how to spend moneys, and it is in the discretion of the General Assembly to decide if this is the best use of the money. He noted that the lion's share of the money from the recycled tire fee will continue to go to recycling programs.


02:38 PM

Committee questions for Director Skaggs continued. He responded to a question from Senator Romer about the companies shown on Attachment F. Senator Heath asked if there was consideration to raising the fee by 15 cents rather than diverting the 15 cents. Director Skaggs said it had been considered, and explained why that idea was not pursued. In response to a question from Senator Spence, Director Skaggs said he spoke to Jim Martin, Director of the Department of Public Health and Environment (DPHE), around the diversion of funds, and DPHE supports the diversion.

090129AttachF.pdf


02:42 PM --
Marjorie Griek, representing Colorado Association for Recycling (CAFR), testified in opposition to the bill. Ms. Griek talked about the 2007 legislation, and said CAFR has given up 40 percent of its funding due to that legislation diverting funding to the Innovative Higher Education Research Fund. She said there is currently about $600,000 in the fund being used for recycling and waste diversion research, and said it is the only funding for that purpose available in Colorado. She talked about the grant funding going to universities, comparing it to the funding to the CAFR. She talked about the waste tire disposal fee, its establishment, and its uses. She told the committee about other entities that oppose the bill, and how some of those entities are using money in the Advanced Technology Fund. She talked about the drop in commodity prices, and the impact on the recycling industry.

Ms. Griek responded to committee questions.


02:51 PM --
Daniel Stonebarger, representing CAFR and AcuGreen, testified in opposition of the bill. He talked about the impact of the loss of funding to his company and to the industry. Mr. Stonebarger responded to questions from the committee.


02:56 PM

Senator Bacon commented on the testimony, talking about where the money is being diverted from and to. Discussion between Mr. Stonebarger and Senator Bacon about where the fee dollars are going ensued.


02:58 PM --
Juri Freeman, representing himself, testified in opposition to the bill. He explained that he is working under a grant to increase public recycling. He said the fee is the only place for funding for recycling research. He said many jobs are created from recycling, and said the timing for the bill is bad, as commodity prices are way down. He said the bill goes against the green direction the state and nation are going.

Senator Bacon responded to the testimony.


03:02 PM --
Michael Katz, representing his company, Smart Walls, testified in opposition to the bill. He talked about how his business has used the grant program to develop new technology and uses of waste tires. He said new ideas continue to come up, and they need the money to continue with their research. He talked about working with students from the Colorado School of Mines on his projects.


03:05 PM --
Dale Halling, ECOsight, testified in opposition to the bill. He explained his work and talked about how the existing research fund is used.


03:07 PM --
Kathi Delahoy, Colorado State University, testified in support of the bill. She talked about university research as an economic driver, talking specifically about Colorado State University. She said the opportunity to participate in research enhances students' learning. She talked about the impact of the proposed bill in improving competitiveness around getting outside research funding. Ms. Delahoy talked about current research projects happening at Colorado State University and the impact of those projects.

Senator Bacon responded to a committee question, saying that many research grants require a state match.


03:16 PM --
John Poate, Colorado School of Mines, testified in support of the bill. He talked about a specific grant, saying the School of Mines got the first grant in renewable energy research. The award is focused on three areas of research. He said they would not have received the award without the match from the state. He talked about the multiplier effect.

Dr. Poate responded to committee comments. He talked about the three research universities in the state working together.


03:20 PM --
Michael Poliakoff, University of Colorado, testified in support of the bill. He said grants provide a very high return to the state with zero risk. He said no funds are spent until National Science Foundation (NSF) grants are approved. Dr. Poliakoff said grants have immediate impact, as well as enduring impact. He talked about how grant moneys are used. He talked about a specific project at the University of Colorado - Boulder and its impact. He talked about what neighboring states spend on state matching funds. He said the institutions cannot maintain their standing with the NSF without more state matching dollars.

Dr. Poliakoff responded to committee questions.


03:26 PM

Senator Bacon gave closing comments to the bill. He responded to comments and questions from the committee.
BILL:SB09-052
TIME: 03:31:07 PM
MOVED:Bacon
MOTION:Refer Senate Bill 09-052 to the Committee on Finance. The motion passed on a 7-0-1 vote.
SECONDED:
VOTE
Groff
Yes
Heath
Yes
Hudak
Yes
King K.
Yes
Kopp
Excused
Spence
Yes
Romer
Yes
Bacon
Yes
Final YES: 7 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS



03:32 PM

The committee took a brief recess.

03:38 PM -- Senate Bill 09-033

The committee came back to order.

Senator Sandoval, sponsor of Senate Bill 09-033, presented her bill. The bill adds to the Child Nutrition School Lunch Protection Program created in Senate Bill 08-123 children who are enrolled in state-subsidized preschool offered by public schools, using existing allocations.


03:39 PM

The following persons testified:


03:39 PM --
Jon-Paul Bianchi, representing the Colorado Children's Campaign, testified in support of the bill. He said the bill strengthens a program that provides needed nourishment to poor children who may not have access to healthy meals. Mr. Bianchi said that research shows that hungry children are more prone to chronic illness, stress, and anxiety. He talked about the importance of proper nutrition for young children. He said the expansion of the program is especially important for Colorado, because research shows that the fastest growing population of kids living in extreme poverty is children under the age of five.

Senator Sandoval responded to committee questions about the fiscal impact of the bill and the shifting of moneys from kindergarten through second grade students to preschool students.


03:44 PM --
Leo Lesh, representing the Colorado School Nutrition Association, testified in support of the bill. The Colorado School Nutrition Association provided a fact sheet on the bill (Attachment G). He said there has been a significant increase in the number of preschool students, and said it is important to be able to feed these kids so that they are ready to learn. Mr. Lesh talked about the importance of proper nutrition. He said many students cannot afford the 40 cents that a reduced-price meal costs, particularly in these hard economic times.

090129AttachG.pdf

Mr. Lesh and Senator Sandoval responded to committee questions.


03:52 PM

Committee discussion about the funding of the program ensued.


03:56 PM

David Porter, Legislative Council Staff, came to the table to respond to questions about the fiscal note. Senator Sandoval also responded to questions about what would happen if funding for the program is cut, and she clarified that the money for the program is from the State Education Fund.


03:59 PM

Senator Sandoval made closing remarks to the bill.
BILL:SB09-033
TIME: 04:00:27 PM
MOVED:Spence
MOTION:Refer Senate Bill 09-033 to the Committee of the Whole. The motion passed on a 6-0-2 vote.
SECONDED:
VOTE
Groff
Excused
Heath
Yes
Hudak
Yes
King K.
Yes
Kopp
Yes
Spence
Yes
Romer
Excused
Bacon
Yes
Final YES: 6 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS




04:01 PM -- Senate Bill 09-046

Senator Bacon announced that the committee would take testimony on Senate Bill 09-046, but the bill would be laid over until next Wednesday, February 4, for action. Senator Bacon expressed concern about the specificity in the bill.

Senator Sandoval, sponsor of Senate Bill 09-046, presented the bill. The bill requires school districts and the State Charter School Institute to adopt policies regulating the sale of snack foods. The bill lists the types of foods that are allowed under the policy.


04:05 PM

Senator Sandoval responded to committee questions.


04:07 PM

The following persons testified:


04:08 PM --
Erin Bertoli, representing the American Heart Association, testified in support of the bill. She provided letters in support of the bill from:

090129AttachH.pdf 090129AttachI.pdf 090129AttachJ.pdf 090129AttachK.pdf

Ms. Bertoli said the bill is about the health of children. She said Colorado students eat one, or sometime two meals at school, and they should have healthy options. She talked about efforts in other states to make healthy snacks available to students. Ms. Bertoli told the committee about organizations that support the bill.

She responded to questions from the committee.


04:14 PM --
Leah Wyckoff, representing the Colorado Association of School Nurses, testified in support of the bill. She talked about the impact of obesity on learning. She talked about what schools teach kids about nutrition and said that teaching is not backed up by what students find in school vending machines.


04:16 PM --
Dr. Matt Haevner, of the Colorado Children's Hospital, testified in support of the bill. He described his background, saying he works with overweight children. He talked about the financial impact of the bill to districts, and asked committee members to weigh that cost against the cost of treating obesity-related illness. He said the bill is based on sound science, will have an impact, and will give families help they want. He said the bill would help children make healthy choices and said 29 other states have adopted similar legislation. Dr. Haevner said he gets frequent questions about what constitutes a healthy snack.

Dr. Haevner responded to committee questions.


04:22 PM --
Ken Ladouceur, Superintendent of the Gilpin County School District, testified in support of the bill. He read his letter (Attachment H) into the record.

Dr. Ladouceur responded to questions from the committee about his school district's healthy snack policy and its implementation. Senator Spence commented that all districts should adopt such a policy, and said the way Dr. Ladouceur's district did it was just right.


04:28 PM --
Tara Trujillo, representing the Colorado Children's Campaign, testified in support of the bill. Ms. Trujillo said both state and federal law already encourage school districts to set nutritional standards outside the meal program, but without state requirements, most school districts do not. She talked about revenue impacts of similar policies in other school districts. She talked about limits to local control in Colorado, saying the state constitution provides local control over instruction, and nutrition policies do not fit in that category. She said the state has a legitimate role and responsibility to provide a healthy school environment.


04:31 PM --
Leo Lesh, representing the Colorado School Nutrition Association, testified in support of the bill. He said everything in the school meal program is highly regulated, but snacks are not regulated at all. He said districts should model good nutrition choices. He talked about a national poll, which shows that 95 percent of parents support a healthy food school policy. Students will buy and consume healthy foods and beverages, he said, and schools will make money selling them. He talked about the number of calories consumed by students in schools, and the types of foods kids have to choose from today. He said the bill is not an unfunded mandate.

Mr. Lesh responded to questions from the committee.


04:39 PM --
Rainey Wikstrom, the parent of children in the Denver Public Schools, testified in support of the bill. She described her work at a school in DPS. She said teachers support healthy foods in schools and the enrollment in the school has gone up. Ms. Wikstrom responded to committee questions.


04:42 PM --
Phyllis Albritton, the parent of children in Jefferson County Public Schools, testified in support of the bill. She said the bill helps Colorado maintain its image as a healthy state. She said in some districts, revenues have increased under healthy snack programs. She talked about a survey of Colorado parents showing parents support healthier options for children. She said it is important to support parents and their choices at home.

Senator Bacon said he agrees with the witnesses, but is concerned with the specificity of the bill. Ms. Albritton responded to Senator Bacon's comments, saying there is flexibility in choosing foods under the standards.


04:48 PM --
Shepard Nevel, representing the Colorado Health Foundation, testified in support of the bill. He talked about a survey that showed support for improving nutritional standards and implementing physical education requirements in Colorado schools. He provided a handout summarizing the findings (Attachment L). He said that if it is the will of the committee to modify the approach to make it akin to the healthy beverages bill passed last year, he would be happy to work with committee members on that. Senator Bacon expressed his desire to work with Mr. Nevel to achieve the goals of the bill.

090129AttachL.pdf

Mr. Nevel responded to committee questions and comments. Ms. Bertoli came back to the table to respond to a committee question, saying the guidelines in the bill are more strict than USDA guidelines around school meals.


04:56 PM --
Jacqui Shumway, representing Park Hill School and the National Association of Health and Fitness, testified in support of the bill. She talked about turn over on school boards and among school district superintendents, and said the specificity in the state law is necessary. She talked about the positive response from people who care about the issue.


05:01 PM --
Megan O'Connor, parent of children in the Denver Public Schools, volunteer wellness coordinator for the Denver Public Schools, and marketing director for Wholefoods Market, testified in support of the bill. She said all school districts have the opportunity to put these kinds of programs in place, but do not do so. She talked about a Wholefoods Market pilot program, and said there are plenty of healthy snack items available that kids like to eat.


05:04 PM --
Tom Turrell, Superintendent of the Byers School District and representing the Rural Caucus Steering Committee, testified in opposition to the bill. He said the bill infringes on local control. He said school districts do not take student health lightly, and local school boards are in the best position to address such issues. Mr. Turrell described that snacks that are available at his school. He talked about loss of revenue due to the beverages bill passed last year, and talked about programs those revenues would have funded.


05:07 PM --
Stephen Bohrer, Superintendent of Holyoke School District and representing the Rural Schools Caucus, testified in opposition to the bill. He provided a handout (Attachment M), containing a letter to committee members. He said the bill is intrusive on a local control level and is duplicative of federal regulations. Dr. Bohrer talked about Department of Agriculture mandated wellness policies, and said parents are encouraged to provide healthy snacks or non-food items for special occasions at school. He talked about wellness programs provided by his schools. Dr. Bohrer talked about past state mandates on schools districts.

090129AttachM.pdf

05:15 PM --
David Van Sant, Superintendent of the Strausberg School District and representing the Rural Schools Caucus, testified in opposition to the bill. He said he knows healthy eating is important, but said the bill is the wrong approach. Mr. Van Sant talked about his district's decision to eliminate soda machines and said there are no vending machines in his schools. He said lack of physical education is a problem in his area of the state. He talked about changes made to meals at his schools and said just passing a bill does not change people's heads and hearts. He said local control is the constitution and the law.

Mr. Van Sant responded to questions from the committee.


05:21 PM --
Julie George, representing the Colorado Association of School Boards (CASB), testified in opposition to the bill. Provided a handout (Attachment N), which is a sample school wellness policy. Ms. George talked about the importance of making wellness policies at the local level. She said the work is already being done at the local level and that local boards work with their communities to make policies that best meet the needs of their communities. Ms. George responded to committee questions.

090129AttachN.pdf


05:25 PM --
Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified in opposition to the bill. He said CASE is working on the issue in many different ways. Mr. Caughey said CASE is concerned about negative impacts on school districts in its specificity and stated that the bill would be an administrative and financial burden to districts.


05:28 PM --
Scott Groginsky, President of the Gilpin School Board, testified to provide clarification about Gilpin School District's wellness policy.


05:29 PM --
Vicki Newell, representing the Colorado PTA and herself as a parent, testified in support of the bill.


05:31 PM

Sen. Bacon took the bill off the table, and said it would be heard at the committee's next meeting, Wednesday, February 4.

The committee adjourned.