House Committee on Education (02/25/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/25/2010	ATTENDANCE

Time:	01:38 PM to 05:53 PM	Benefield	X
		Massey	X
Place:	HCR 0112	McNulty	X
		Middleton	X
This Meeting was called to order by		Murray	*
	Representative Merrifield	Peniston	X
		Scanlan	X
This Report was prepared by		Schafer S.	X
	Katey McGettrick	Summers	X
		Tipton	E
		Todd	*
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1273 HB10-1206 HB10-1254 HB10-1335 HB10-1254		Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations Postponed Indefinitely

01:39 PM -- House Bill 10-1273

Representative Merrifield, sponsor of House Bill 10-1273, concerning required arts education, presented the bill to the committee and discussed the important role arts education can play in workforce development.

01:47 PM

The following people testified on the bill:

01:47 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified against the bill. Ms. Urschel stated the importance of allowing local school boards to determine the curriculum. She also raised issues of how the mandate would be paid for. She noted that in the current economic climate, some school districts have declared fiscal emergencies. She suggested removing the mandate and including an incentive for schools to offer arts education, such as rewarding points toward accreditation.

01:55 PM

Ms. Urschel responded to questions from the committee regarding the provision in the bill that requires students to demonstrate proficiency in visual and performing arts and whether she knows how many school districts already provide arts education. Mr. Urschel responded that CASB opposes the bill because it infringes on local control and school districts should be allowed to make choices about curriculum, and that the issue of demonstrated proficiency is secondary. She also discussed the fiscal note.

01:58 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified against the bill. He stated that the bill highlights an important fact in Colorado - that schools are not able to provide children with all the instruction that they need. He stated that the CASE is opposed, not because the association does not believe that the arts is not important, but rather, that there is not enough funding currently for schools, and that adding an unfunded mandate would present an additional burden to school districts. He further asked the committee to consider if the bill passes, what future mandates might be handed down to schools. He stated that CASE is supportive of offering an incentive for providing arts education, instead of making it a mandate, as discussed by Ms. Urschel.

02:01 PM

Representative Solano sought clarification from Mr. Caughey on CASE's position on incentives. Mr. Caughey stated that CASE is in conversation with the Colorado Department of Education (CDE) on the matter and that the suggestion of connecting it to accreditation makes sense. Representative Todd asked Mr. Caughey to detail more clearly the incentive idea. He responded that giving points in the accreditation process would be his suggestion for a non-monetary incentive.

02:04 PM -- Shannon Patilla, representing herself as a student at the Denver School of the Arts, testified in support of the bill and discussed the importance of arts education in her life, explaining that her participation in the arts provides her with confidence and life skills. She responded to questions from the committee regarding her future academic plans.

02:06 PM -- Chloe Armao, representing herself as a student at the Denver School of the Arts, testified in support of the bill and discussed the importance of arts education and the confidence acting has given her. She explained that she believes participating in the arts is an opportunity to study humanity, and arts provides her a connection with and empathy for humanity. She responded to questions from the committee regarding her future academic plans.

02:10 PM -- Karol Gates, representing the Colorado Department of Education, read a statement in support of the bill from Commissioner Dwight Jones into the record. She also provided her thoughts on the bill, discussing how the requirements of this bill can be met through the newly established model content standards. She also discussed the role of the Office of Teaching and Learning in assisting school districts in implementing the content standards and assessments. She highlighted some current art education programs being implemented in Colorado schools.

02:23 PM -- Lauren Sides, representing herself, shared her experience as a middle school student, a piano student, and a choir and orchestra participant. She discussed what the opportunity to learn music has meant for her.

02:26 PM -- Karen Mortimer, representing Whittier K-8 PTA, testified in support of the bill and shared that Whittier has some arts classes, but no physical education or music classes. She raised concerns that the bill presents schools an unfunded mandate and the effect this could have at Whittier, a school where 92 percent of the students are eligible for free- and reduced-lunch.

02:30 PM -- Vicki Sterling, representing the Denver Art Museum, testified in support of the bill. She discussed the correlation between art education, learning critical life skills, and reducing the drop out rate. She also discussed the importance of growing talent for the state's creative economy.

02:34 PM -- John Giardino, representing Colorado PTA, provided conditional support of the bill as it is currently written. He shared his concerns about the bill, including: the lack of funding for the bill, the provision of arts education to rural school districts, and language in the bill pertaining to demonstrated proficiency.

02:39 PM -- Gary Schmidt, representing the International Alliance of Theatrical Stage Employees (IATSE) # 7, testified in support of the bill and discussed the importance of providing technical training on the production aspects of arts, such as lighting and stage setting. He noted that training in such fields can prepare students for future employment in stagehand professions.

02:43 PM -- Kip Cheroutes, representing the U.S. District Export Council, testified in support of the bill. He explained the nexus between arts education and foreign trade and why the export council is in support of the bill. He shared his experience working internationally and stated that he believes that the U.S. cultivates creativity where other countries do not, making it an exportable commodity.

02:48 PM -- Dorian DeLong, representing himself, testified in support of the bill. He shared his experience as a social studies teacher at Thornton High School. He explained how he has seen arts education eroded at his school. He also shared that he was an at-risk student as a teenager and how the arts engaged him in his education.

02:55 PM -- Dan Ritchie, representing the Denver Center for the Performing Arts, testified in support of the bill. Mr. Ritchie noted the richness that arts education brings to a child's life.

02:58 PM -- Tina Obermeier, representing Arts for Colorado, testified in support of the bill and shared the mission of the organization.

02:59 PM -- Jim Copenhaver, also representing Arts for Colorado, testified in support of the bill and noted the importance of preparing children for living and working in a knowledge-based and creative economy. He also touched on the importance of respecting local control, and that elevating this issue of arts education requires local engagement because arts is an important tool for teaching children about the world they live in.

03:04 PM -- Gene Sabczak, representing the Arvada Center for the Arts, testified in support of the bill and shared information about the center.

03:07 PM -- Mark Arnold, also representing the Arvada Center for the Arts, testified in support of the bill and shared his experience as a retired teacher currently volunteering with the center.

03:11 PM -- Jose Mercado, representing himself, testified in support of the bill and shared his experience as an actor, director, and professor. He also shared his experience as a drama teacher at North High School.

03:15 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill, contingent upon the passage of the sponsor's proposed amendments. He discussed previous testimony about the cost of the bill, noting that the bill is permissive in the delivery method of the arts education.

03:19 PM -- Chris Wineman, Colorado Business Committee for the Arts, testified in support of the bill and discussed the economic and civic value of the arts in Colorado.

03:23 PM -- Mark Hudson, representing the Colorado Music Educators Association, testified in support of the bill and shared his background as a music teacher.

03:29 PM -- Jacqueline Bhuyan, representing herself, testified in support of the bill and discussed the connection of arts education to a child's biological and physiological development.


BILL:	HB10-1273
TIME:	03:31:21 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.003 (Attachment A). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1273
TIME:	03:32:52 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:	Peniston
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1273
TIME:	03:33:25 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

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

03:35 PM

Representative Merrifield concluded his remarks on the bill and asked for the committee's support. Representative Massey explained why he would be voting "no" on the bill. Representative Peniston shared her thoughts on the bill, noting how arts education can be bundled into other parts of the curriculum. Representative Middleton commented on the flexibility in the bill and that school districts can integrate the curriculum. Representative Summers weighed in on the discussion, presenting concerns with the mandate to school districts but stating interest in hearing more on the incentive piece suggested by CASE and CASB. Representative Todd reflected on the testimony the committee heard, noting the passion with which many people discussed the arts. Representative Murray stated that she appreciates the bill but cannot support an unfunded mandate on schools. Representative Solano stated her support for the bill.


BILL:	HB10-1273
TIME:	03:48:15 PM
MOVED:	Merrifield
MOTION:	Moved to refer House Bill 10-1273, as amended, to the Committee of the Whole. The motion passed on a 10-2-1 vote.
SECONDED:	Benefield
		VOTE
	Benefield	Yes
	Massey	No
	McNulty	Yes
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:52 PM

The committee recessed.

03:58 PM -- House Bill 10-1206

Representative Fischer, sponsor of House Bill 10-1206, concerning the granting of voting rights to student members of the board of governors of the Colorado State University (CSU) System, presented the bill to the committee. He explained the current composition of the CSU board of governors, noting that two ex-oficio members are non-voting student members. The bill proposes to give these students a vote on the board of governors.

04:07 PM

Representative Benefield sought clarification that the bill proposes that the term of the student to be one year, while the terms for other board members is four years. She raised concerns with the learning curve and that the limited term could be a disservice to the student. Representative Murray asked why the voting student members would be appointed, instead of elected by the student body as they currently are. Representative Fischer explained that all of the members of the board are appointed. Representative Fischer responded to Representative Benefield's comments about term-length. He said that, of states with student voting members, the majority have a one year term.

04:11 PM

The following people testified on the bill:

04:11 PM -- Mike Feeley, representing Colorado State University and the Board of Governors, testified against the bill. He explained why the board opposes the bill, noting the role of the advisory board, which is comprised of four people, two of which are the student members. He also addressed the issue of the learning curve for board members who deal with capital construction and personnel issues. He also explained that by allowing the Governor to appoint the student member, it may silence the student voice who is currently allowed to vote who to elect as an advisory board member. He explained that should the bill pass and students are appointed, he or she will be held to the same fiduciary responsibilities that come with being an appointed member.

04:20 PM

Representative Benefield asked if the two student advisors are regular attendees at the board meetings. Mr. Feeley responded that the two students are active members and well-liked by the board members. He further noted that the board came to the students to ask them if they were bringing the bill in response to something the board was not doing for the students.

04:22 PM -- Matt Worthington, representing the Associated Students of Colorado State University, testified in support of the bill. He shared that he is the fifth generation in his family to attend CSU. He expressed concerns about the problems that students face in accessing education and that they do not have the tools to work with the university to find solutions to these problems. He explained that tuition and fees provide significant revenue to the university and that these costs have risen steadily. He addressed concerns presented earlier about the learning curve for students serving one-year term. He explained his role on the student-fee review board. He also explained that in studying the 17 states in the west with voting student membersproved to have had positive effects at those universities.

04:26 PM

Representative Merrifield asked Mr. Worthington to weigh in on the appointment-versus-election issue raised earlier in testimony. He responded that having the voting student member appointed mirrors the appointment process for the other voting members and that having a vote will lend a legitimacy to the student member.

04:28 PM -- Sara Crowe, representing herself as a student at CSU-Pueblo, testified in support of the bill and explained the unique perspective that students can provide to the board of governors. She noted that even though they do not have the same amount of life experience, students can provide input on tuition policies and how it affects students.

04:30 PM -- Daniel Gearhart and Steve Titus, the student advisory members of the CSU board of governors, introduced themselves to the committee. Mr. Titus reviewed the history of the proposal of the bill and explained the research the students have done since the bill was originally conceived last year. He noted the benefits other states have seen by having student voting members, citing an example in New Mexico regarding textbook pricing. He also presented concerns about recent events at the university that students did not feel were transparent.

04:34 PM

Representative Peniston asked Mr. Titus if advisory members receive the same information as voting members in preparation for board meetings. Mr. Titus explained some information is not provided until the day of board meeting to the advisory members. She further asked if members with a vote garner more respect than those who do not. Mr. Titus responded by discussing the recent chancellor search, noting the lack of student inclusion in the process.

Representative Benefield asked Mr. Titus to discuss the learning curve issue. He stated that it is the responsibility of the student to learn the issues before the board. She also asked Mr. Titus to explain why being a voting member strengthens the student voice. He noted that he would be given more information ahead of time and will be included in more meetings than they are currently allowed to be under current law. Representative Benefield asked if they have requested to be included in executive committee. Mr. Titus responded that the students have requested this, to no avail.

04:39 PM

Representative Murray asked Mr. Titus to address the change of appointment to election, given that the student member may not represent the voice of the students.

04:40 PM -- Mr. Gearhart testified that he believes having a vote will legitimize the student voice on the board. He noted the increase in tuition and fees that students have incurred. He also addressed previous questions raised by Representative Benefield.

04:46 PM

Representative Benefield asked Mr. Gearhart to explain how the student voice will be heard differently as a voting member. He explained that having a vote will allow them to weigh in on the issues before the board. She asked Mr. Gearhart if he has considered the consequences of becoming a voting member, specifically noting that once a vote is held on an issue, regardless of whether a board member agrees with it or not, board members are precluded from speaking out against it.

Representative Todd discussed the issue of getting all the information before the meetings occur and asked if they receive an agenda in advance and if there is a format for how and when students have the opportunity to speak at each meeting. Mr. Gearhart explained that the board book is provided two weeks ahead of time, but that the confidential matters, such as real estate or financial issues, which affect students, are dealt with in executive session and so he is not provided with that ahead of time. He said if they could have that information ahead of time, that would be better.

04:50 PM

Representative Peniston asked how many people are involved in student government at CSU. Mr. Gearhart responded that there are 65 active members of the student union. In a follow up question, Representative Peniston asked if there are other students that could rally behind issues decided by the board that the students are not in favor of. Mr. Gearhart responded that there are other students that could do that.

04:53 PM

Representative Benefield stated that what she is hearing from the witnesses that the issue is around executive session and sought clarification on what determines which agenda items may be discussed in executive session. Mr. Feeley returned to the witness table to answer the question and stated that the board is governed by Colorado's open meetings laws.

04:55 PM

Representative Fischer concluded remarks on the bill. Representative Todd raised the concern of students having a vote, whereas faculty still would not. Representative Fischer responded that he did not consult with the faculty, and that he did not intend to exclude them, but that the faculty could bring a bill to request a vote. Representative Peniston stated that the difference is that the students pay the bills and the faculty are employees. Representative Benefield explained that she would be voting "no" on the bill because she believes student members should be elected.


BILL:	HB10-1206
TIME:	05:02:08 PM
MOVED:	Middleton
MOTION:	Moved to refer House Bill 10-1206 to the Committee of the Whole. The motion passed on a 7-5-1 vote.
SECONDED:	Solano
		VOTE
	Benefield	No
	Massey	No
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	No
	Summers	No
	Tipton	Excused
	Todd	No
	Solano	Yes
	Merrifield	Yes

Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:04 PM -- House Bill 10-1335

Representative Massey, co-prime sponsor of House Bill 10-1335, concerning the authorization of boards of cooperative educational services (BOCES) as school food authorities, presented his bill to the committee. Representative Scanlan, co-prime sponsor, also provided opening remarks on the bill.

05:06 PM

The following people testified on the bill:

05:06 PM -- Dale McCall, representing Colorado BOCES Association, testified in support of the bill and of the proposed amendment.

05:07 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill because it improves student access to healthy food and particularly in rural school districts.

05:11 PM

Representative Summers asked what does it mean to be a food authority. Representative Massey explained that it allows the BOCES to be a central procurement agency which is currently only allowed at the district level. He also asked questions about the requirement that food authorities only purchase locally grown produce and food. Representative Massey responded that he is open to amending the bill to clarify those provisions.

05:17 PM -- Vanessa Hannemann, representing the Colorado Health Foundation, testified in support of the bill and shared a handout with committee members (Attachment D).


BILL:	HB10-1335
TIME:	05:17:45 PM
MOVED:	Massey
MOTION:	Moved amendment L.001 (Attachment E). The motion passed without objection.
SECONDED:	Solano
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1335
TIME:	05:18:30 PM
MOVED:	Massey
MOTION:	Page 2, line 13 of printed bill, moved to strike "ONLY" and to allow the drafter to make any necessary conforming amendments. The motion passed without objection.
SECONDED:	Schafer S.
		VOTE
	Benefield
	Massey
	McNulty
	Middleton
	Murray
	Peniston
	Scanlan
	Schafer S.
	Summers
	Tipton	Excused
	Todd
	Solano
	Merrifield

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


BILL:	HB10-1335
TIME:	05:19:23 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 10-1335, as amended, to the Committee on Appropriations. The motion passed on a 12-0-1 vote.
SECONDED:	Scanlan
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

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

05:20 PM -- House Bill 10-1254

Representative Sonnenberg, sponsor of House Bill 10-1254, concerning high school graduation requirements, presented the bill to the committee. He discussed other states that use exit examinations.

05:25 PM

Representative Massey asked the sponsor if he spoke to the department. Representative Sonnenberg explained that he left a message for the commissioner and spoke with the department liaison, who explained the department's opposition to the bill. Representative Solano stated that research shows that there is not one standardized test that can demonstrate college and workforce readiness. She further noted that some colleges are moving away from requiring standardized testing, nor does the business community ask for CSAP scores. She stated that the business community looks for social skills and ability to collaborate in prospective employees. She discussed lawsuits in other states regarding exit exams. She also noted that students do not take the CSAP seriously because it does not affect college or employment applications.

05:33 PM

Representative Sonnenberg responded to her remarks, noting that this bill could place more meaning to the CSAPs. Representative Solano presented concerns with using standardized assessments that create a one-size-fits-all model and that one test should not demonstrate the worth of a person.

05:39 PM

Representative Murray stated that the department is moving in a positive direction to better assess student learning but that she agrees that issues still remain with remediation. Representative Massey asked a question pertaining to the fiscal note and the cost of retesting CSAP and presented concerns that it would result in more teaching toward the test. Representative Solano discussed the importance of diagnostics to determine remediation and that the state is moving toward that model.

05:42 PM

The following people testified on the bill:

05:42 PM -- Bruce Caughey, representing CASE, testified against the bill because of concerns raised by school administrators regarding students not taking standardized tests seriously. Mr. Caughey stated that the bill also creates an unfunded mandate, specifically noting the cost for those students who do not pass the test and may need to stay in school longer while attempting to pass the test.

05:44 PM -- Jane Urschel, representing CASB, testified against the bill because she believes that the bill infringes on local control, and would result in the state rewarding diplomas, not local school districts. She noted that some districts require that students attain a certain CSAP score in order to graduate and that any school district could impose that requirement if they found it appropriate.


BILL:	HB10-1254
TIME:	05:48:00 PM
MOVED:	McNulty
MOTION:	Moved to refer House Bill 10-1254 to the Committee on Appropriations. The motion failed on a 3-9-1 vote.
SECONDED:	Summers
		VOTE
	Benefield	No
	Massey	No
	McNulty	Yes
	Middleton	No
	Murray	Yes
	Peniston	No
	Scanlan	No
	Schafer S.	No
	Summers	Yes
	Tipton	Excused
	Todd	No
	Solano	No
	Merrifield	No

Not Final YES: 3 NO: 9 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB10-1254
TIME:	05:52:47 PM
MOVED:	Solano
MOTION:	Moved to postpone House Bill 10-1254 indefinitely. The motion passed on a 10-2-1 vote.
SECONDED:	Todd
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:53 PM

The committee adjourned.