House Committee on Education (02/22/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/22/2010	ATTENDANCE

Time:	01:36 PM to 04:58 PM	Benefield	X
		Massey	*
Place:	HCR 0112	McNulty	X
		Middleton	X
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	X
		Scanlan	X
This Report was prepared by		Schafer S.	X
	Katey McGettrick	Summers	X
		Tipton	X
		Todd	X
		Solano	*
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1232 HB10-1262 HB10-1035		Amended, Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to Appropriations

01:37 PM -- House Bill 10-1232

Representative Baumgardner, sponsor of House Bill 10-1232, concerning school vehicles, explained the bill to the committee.

01:39 PM

The following people testified:

01:41 PM -- Kanoe Cockett, representing Littleton Public Schools, testified on the bill and raised concerns about increasing the length of a school bus. She stated that using a longer school bus which seat more children could result in issues of evacuating the bus in the case of an emergency and create difficulty for the driver to manage the number of students on the bus. She also discussed facility costs, emission standards for longer buses, and the redesigning the service bays where buses are serviced. She also shared a written copy of her testimony for the record (Attachment A). She noted that she could be supportive of the bill with the passage of amendment L.001 (Attachment B).

01:44 PM

Representative McNulty asked if the sponsor is in agreement with amendment L.001. Representative Baumgardner stated that he would rather keep the bill as it is. Representative Benefield explained that she gave the sponsor the amendment a week ago and they discussed her concerns at that time.

01:47 PM -- Bruce Little, representing the Colorado Department of Education, testified in support of the bill. He explained that the definition under current law for school bus includes standard school buses, multi-use buses, in addition to sport utility vehicles and that House Bill 10-1232 clarifies the definition.

01:50 PM

Representative Middleton asked Mr. Little to clarify the department's position on including buses that are longer than 45 feet. Mr. Little responded that the Commissioner supports permitting school districts to have school buses longer than 45 feet. He explained that the department has rules that require school districts who purchase longer vehicles to also provide training to those who will be operating those vehicles.

01:52 PM -- Louis Doughty, representing Leg-Up and the Colorado State Pupil Transportation Association (CSPTA), testified in support of the bill and discussed the issue of permitting longer school buses.

01:56 PM -- Wayne Davy, also representing Leg-Up and CSPTA, testified on the bill and discussed his experience in the transportation industry. He explained that the bill is permissive and does not require that school districts purchase longer school buses.

01:59 PM

Representative Benefield discussed amendment L.001 and explained why she is bringing the amendment. She noted the different elements that a driver must consider when driving, and discussed the capacity limits of buses that are 40 feet in length and can hold 77 students and buses that are 45 feet in length and can hold 91 students.

02:02 PM

Representative Middleton asked Representative Benefield if she believes that the differing opinions on the length of the school bus it is a matter of metropolitan versus rural districts. Representative Benefield stated that she believe regardless of geographic location, having 90 children on one school bus is too many students for one bus driver to manage.

Representative McNulty stated that the bill is permissive and does not mandate school districts to purchase larger school buses.


BILL:	HB10-1232
TIME:	02:05:16 PM
MOVED:	Benefield
MOTION:	Moved amendment L.001 (Attachment B). The motion passed on a 8-4-1 vote.
SECONDED:	Todd
		VOTE
	Benefield	Yes
	Massey	Excused
	McNulty	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Tipton	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	HB10-1232
TIME:	02:05:55 PM
MOVED:	Benefield
MOTION:	Moved amendment L.003 (Attachment C). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey	Excused
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1232
TIME:	02:07:10 PM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 10-1232, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:	Benefield
		VOTE
	Benefield	Yes
	Massey	Excused
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

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

02:08 PM -- House Bill 10-1262

Representative Frangas, sponsor of House Bill 10-1262, concerning scholarship programs for persons in industries in high need of trained workers, explained the bill to the committee.

02:11 PM

Representative Middleton asked why, under the bill, CollegeInvest administers the program, and not the Department of Higher Education or individual institutions. She raised concerns about a recent audit of CollegeInvest that found issues with the administration of the program. Representative Frangas responded that he would be willing to change that in the bill. Representative Benefield asked where the funding from the bill comes from. Committee conversation on this topic ensued and Representative Middleton explained the origination of the scholarship fund.

02:16 PM

Representative Frangas responded to Representative Middleton's comments, explaining that the bill takes a small amount of money from the CollegeInvest Scholarship Trust Fund. Committee members raised questions about fiscal note.

02:19 PM

Josh Abram, Legislative Council Staff and the fiscal note analyst for the bill, explained that the expenditures mentioned in the fiscal note are a result of the transferring of moneys from the CollegeInvest Scholarship Trust Fund into the new scholarship program. Representative Murray asked how much money in the CollegeInvest fund is dedicated to scholarships. Mr. Abram explained that there is $60 million in the scholarship fund. Discussion on the funding for the scholarship ensued.

02:26 PM

Representative Schafer asked how CollegeInvest will ensure that students are matriculating into the scholarship program.

02:28 PM

The following person testified on the bill:

02:28 PM -- Lorena Garcia, representing 9 to 5, testified in support of the bill and discussed the importance of providing financial assistance for people to receive training for new job skills.

02:30 PM

Representative Tipton asked if there are restrictions in current law that prevent the scholarship money to be used for this purpose currently. Representative Frangas responded, discussing that the Governor is proposing to take funding from the scholarship program in order to balance the budget. Representative Frangas further stated that he thinks it is important to protect some of the funding from being used to balance the budget. Representative Summers shared his view on the bill, presenting concerns with the bill's focus on specific industries.


BILL:	HB10-1262
TIME:	02:36:53 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 10-1262 to the Committee on Appropriations. The motion passed on a 9-3-1 vote.
SECONDED:	Schafer S.
		VOTE
	Benefield	Yes
	Massey	Excused
	McNulty	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Tipton	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 9 NO: 3 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:39 PM

The committee recessed.

03:09 PM -- House Bill 10-1035

The committee came back to order. Representatives Massey and Solano, co-prime sponsors of House Bill 10-1035, concerning eligibility determination for the Colorado Child Care Assistance Program (CCAP), presented the bill to the committee.

03:15 PM

Representative McNulty asked a question about the fiscal note pertaining to the state expenditures section, which notes that fewer children may be served because of the proposed redetermination changes. Representative Massey responded that it was a conscious decision made by the Early Childhood and School Readiness Commission that recommended the bill to serve fewer children in a higher quality program. Representative McNulty asked about reporting of parental income and Representative Massey responded that his concern should be addressed through an amendment he plans to offer. Representative Benefield, a member of the Early Childhood and School Readiness Commission, shared the reasoning behind serving fewer children. Representative Murray asked the sponsors to explain the 6 month redetermination requirement. Representative Solano responded that bill removes the requirement that eligibility be redetermined every six months, which should alleviate an administrative burden. Representative Summers raised concerns with removing children from the program and the cliff effect it could creates. Representative Solano responded, stating that the instability of having to redetermine every six months creates greater issue for families.

03:20 PM

Representative Tipton asked if Colorado Counties, Inc. (CCI) has weighed in on the bill. Representative Massey explained they have been working with them and Representative Merrifield noted that CCI is signed up to testify.

03:21 PM

The following people testified on the bill:

03:21 PM -- Leslie Bulicz, representing the Colorado Department of Human Services, testified on the bill, and discussed the purpose of a public child care assistance program. She spoke to amendments L.005 (Attachment D), L.006 (Attachment E), L.007(Attachment F), L.008 (Attachment G). She responded to a question from Representative Benefield about the fiscal note and changing the date of implementation. She also responded to a question from Representative Murray about her previous comments regarding a parent needing child care in order to work. Ms. Bulicz discussed her view on weighing the value of changing from a 6-month to a 12-month determination and the effect it has on some families who will no longer have child care access.

03:27 PM -- Pat Ratliff, representing Colorado Counties Incorporated (CCI), testified on the bill and stated that the CCI is currently monitoring the bill. Ms. Ratliff stated that CCAP is a public assistance program and that CCI has concerns that the bill result in longer waiting lists and fewer children will be served. She also presented concerns with changing the reporting requirement moving from 6- to 12-months. She stated that the redetermination does not automatically result in removal from the program but that it can result in a change in the amount paid for child care by a family.

03:35 PM

Ms. Ratliff responded to questions from the committee, with Representative Todd asking Ms. Ratliff to address how counties use the redetermination process. Ms. Ratliff discussed that counties set many of the program requirements, so it can vary from county to county. Representative Murray asked about CCI's support for amendment L.007. Ms. Ratliff responded that CCI does not support L.007 and that she would like the committee to continue to work on the wording of the amendment in order to address income reporting. Representative Massey added that approximately 2 - 3 percent of families would be affected by the change in the redetermination process.

03:40 PM -- Steffanie Clothier, representing the National Conference of State Legislatures (NCSL), testified on the bill and shared the research she provided to the Early Childhood and School Readiness Commission. She noted that both states and counties set eligibility, and that 25 states or territories have moved to a 12-month redetermination process. She explained that there is also federal guidance on eligibility determination. She shared reasons why states change eligibility determination, citing continuity of care for children and workforce stability for parents. She also spoke to the audit performed on the CCAP, discussing the administrative issues raised in the audit.

Ms. Clothier noted the costs associated with redetermining with greater frequency and the corresponding burden it places on participants. She cited Maine and Maryland as states that found the 6-month redetermination process to be a barrier to participation for families. She further noted that the audit found that 97 percent of families at the 6-month are still eligible for the program. She also spoke to the issue of reporting and the relatively small fee adjustments that are made as a result of that reporting.

03:48 PM -- Jon-Paul Bianchi, representing the Colorado Children's Campaign, testified in support of the bill because it improves continuity of care, provides stability in workplace for parents, and better aligns the program.

03:51 PM -- Charlotte Brantley, representing Clayton Early Learning, testified in support of the bill and shared a handout with the committee (Attachment H). She discussed federal regulations about redetermination. She also addressed concerns raised by other witnesses about the bill.

04:00 PM -- Tracey Stewart, representing the Colorado Center on Law and Policy, testified in support of the bill and shared a handout with the committee (Attachment I). She noted that the administrative burden is the most common reason why families do not receive child care assistance. Representative Todd asked if having to take time off work to complete the paperwork presents an obstacle for parents. Ms. Stewart responded that it is difficult for them to take time off work in order to work on and submit the paperwork.

04:05 PM -- Thomas Davidson, Summit County Commissioner, testified on the bill, noting his concerns with certain provisions of the bill.

04:08 PM -- Pamela Harris, representing Mile High Montessori, testified in support of the bill.

04:13 PM -- Sheila Groneman, representing the Colorado Head Start Association, testified in support of the bill. She discussed the issues working families face in accessing and retaining subsidy assistance.

04:20 PM -- David Sisneros, representing himself, testified in support of the bill and shared his experience as a parent who uses the CCAP to pay for child care for his child with a disability. He shared that he has been laid off recently and noted how having child care for his child helps him as he looks for work.

04:21 PM

Representative Peniston asked Mr. Sisneros what would happen if he lost CCAP eligibility. He explained that he would not be able to afford child care.

04:21 PM -- Tracy Scott, representing herself, testified in support of the bill and noted how it would be helpful to change the redetermination timeframe. She shared her experience as a parent who uses the CCAP to pay for child care.

04:28 PM -- Jody Camp, representing the Women's Foundation of Colorado, testified in support of the bill, and shared handouts with the committee and discussed the cliff effect (Attachment J).

04:30 PM -- Susan Roll, representing the Women's Foundation of Colorado, discussed her work as a doctoral candidate and research on the cliff effect on CCAP families.

04:35 PM

Ms. Roll responded to questions from Representative McNulty about income reporting. Representative Massey also responded to the question, noting the discussion he had with counties.

04:36 PM -- Cindy Coleman, representing herself, testified in support of the bill and shared her family's experience with the CCAP redetermination process. She noted the difficulty she had in navigating the administrative requirements of the program.

04:42 PM -- Kathryn Hammerbeck, representing the Early Childhood Education Association, testified in support of the bill and discussed previous testimony, specifically discussing that CCAP is critical for people who are looking for work and do not have any income, but need child care in order to look for work.


BILL:	HB10-1035
TIME:	04:45:12 PM
MOVED:	Massey
MOTION:	Moved amendment L.005 (Attachment D). The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:45:33 PM
MOVED:	Massey
MOTION:	Moved amendment L.006 (Attachment E) as amended. The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:45:46 PM
MOVED:	Massey
MOTION:	Moved to amend L.006, page 1, line 3, strike "MONEYS". The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:46:30 PM
MOVED:	Massey
MOTION:	Moved amendment L.007 (Attachment F), as amended. The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:46:59 PM
MOVED:	Massey
MOTION:	Moved to amend L.007, page 1, strike lines 6 through 8 and substitute "EXCEEDS EIGHTY-FIVE PERCENT OF STATE MEDIAN INCOME. IF A FAMILY REPORTS A ZERO HOUSEHOLD INCOME AMOUNT,". The motion passed without objection.
SECONDED:	Summers
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:53:31 PM
MOVED:	Massey
MOTION:	Moved amendment L.008 (Attachment G), as amended. The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1035
TIME:	04:54:03 PM
MOVED:	Massey
MOTION:	Moved to amend L.008, page 1, line 2 strike "January" and substitute "June". The motion passed without objection.
SECONDED:	Scanlan
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB10-1035
TIME:	04:54:39 PM
MOVED:	Massey
MOTION:	Moved amendment L.009 (Attachment K). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1035
TIME:	04:56:26 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 10-1035, as amended, to the Committee on Appropriations. The motion passed on a 13-0-0 vote.
SECONDED:	Solano
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes
Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:58 PM

The committee adjourned.