Bill Summary for Bill Number HB10-1345

Date: 04/29/2010

Final
BILL SUMMARY for HB10-1345

HOUSE COMMITTEE ON EDUCATION

Votes: View-->	Action Taken:
Moved amendment L.012 (Attachment A). The motion Moved to refer House Bill 10-1345, as amended, to	Pass Without Objection PASS

02:33 PM -- House Bill 10-1345

Speaker Carroll, sponsor of House Bill 10-1345, concerning emergency powers over charter schools, spoke to amendment L.012 (Attachment A), a strike below amendment, which he is proposing for the bill. Representative Massey asked if fiscal note for the bill changes with the strike below amendment. Speaker Carroll responded that he does not believe it does. Representative Schafer asked about the commissioner's duties outlined in the bill, and if a designee could be assigned to perform them. Speaker Carroll responded that the duties may be performed through a designee. Representative Peniston asked what type of person might be appointed as a fiduciary. Speaker Carroll responded that the definition of "fiduciary" was considered throughout the bill drafting process and that is envisioned that the fiduciary will act in a manner similar to a receiver in bankruptcy, and will have knowledge in charter school law and operations. Representative McNulty asked about designating the commissioner's authority, and if there is a need to clarify that in the strike below amendment. Speaker Carroll replied that clarification could happen through the rulemaking process. Speaker Carroll also responded to questions about charter management organizations, and whether the commissioner has authority to investigate issues that arise among individual charter schools in such an organization.

02:42 PM

The following people testified on the bill:

02:42 PM -- Alvin Rivera, representing himself, testified in support of the bill. He shared his educational and personal background. He also shared his role in investigating the issues surrounding the Cesar Chavez Academy (CCA). He discussed some of the financial and nepotism issues that were occurring at CCA. He stated that the bill will strengthen the role of the authorizers. He provided a copy of his testimony for the record (Attachment B). He also responded to questions from the committee about how complaints are filed with the commissioner of education.

02:58 PM -- Jim Griffin, representing the Colorado League of Charter Schools, testified in support of the bill. He stated that the bill codifies practical and reasonable steps to ensure accountability during emergency situations concerning charter schools. He discussed a situation in Brighton where the school district received pushback from a charter school which the board felt was operating improperly when it attempted to intervene at that school. He also addressed previous committee discussion regarding charter management organizations.

03:02 PM

Representative Murray asked Mr. Griffin if nepotism is sufficiently dealt with in the bill. Mr. Griffin responded that the bill addresses excess benefits, which may include a nepotism policy or conflict of interest policy, but that the bill does not address nepotism itself. He noted that House Bill 10-1412 addresses the issue of nepotism. Speaker Carroll also addressed the question, noting that the definition of "emergency" in House Bill 10-1345 includes an event that is a significant risk to a charter school's solvency, which could be an issue with nepotism. Mr. Griffin also discussed an earlier question about the definition of "fiduciary."

03:06 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill and the proposed amendment.

03:07 PM -- Karen Wick, representing the Colorado Education Association, testified in support of both House Bill 10-1345 and House Bill 10-1412. She stated that both bills are good policies and provides authorizers the tools they need.

03:08 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of both House Bill 10-1345 and House Bill 10-1412 because the bills improve governance standards. She also asked that the committee not consider House Bill 10-1419 and let work on that bill happen during the interim.

03:10 PM -- Alex Medler, representing the National Association of Charter School Authorizers, testified in support of the bill and discussed that the bill clarifies the tools available to authorizers and the state board of education.

03:12 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified in support of House Bill 10-1345 and House Bill 10-1412.

03:13 PM

Representative Murray expressed concerns about provisions in House Bill 10-1412, concerning policies that local school boards must follow since these local school boards have had policies in place already. Mr. Caughey responded that the charter school application process has evolved from a pen-and-paper application to a more complex process and better relationships between authorizers and applicants.


BILL:	HB10-1345
TIME:	03:15:31 PM
MOVED:	Benefield
MOTION:	Moved amendment L.012 (Attachment A). The motion passed without objection.
SECONDED:	Summers
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd	Excused
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1345
TIME:	03:16:30 PM
MOVED:	Benefield
MOTION:	Moved to refer House Bill 10-1345, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:	Summers
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Excused
	Solano	Yes
	Merrifield	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:17 PM

The committee took a brief recess.