House Committee on Education (04/29/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	04/29/2010	ATTENDANCE

Time:	02:31 PM to 04:14 PM	Benefield	*
		Massey	X
Place:	HCR 0112	McNulty	X
		Middleton	X
This Meeting was called to order by		Murray	*
	Representative Merrifield	Peniston	X
		Scanlan	*
This Report was prepared by		Schafer S.	X
	Katey McGettrick	Summers	*
		Tipton	X
		Todd	E
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB10-039 HB10-1345 HB10-1412 HB10-1419		Postponed Indefinitely Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely

02:31 PM -- Senate Bill 10-039

Representative Gagliardi requested that the bill be postponed indefinitely.


BILL:	SB10-039
TIME:	02:32:23 PM
MOVED:	McNulty
MOTION:	Moved to lay over Senate Bill 10-039 until June 30, 2010. The motion passed on a 9-0-4 vote.
SECONDED:	Solano
		VOTE
	Benefield	Excused
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	Excused
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Excused
	Tipton	Yes
	Todd	Excused
	Solano	Yes
	Merrifield	Yes

Final YES: 9 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: 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.

03:17 PM -- House Bill 10-1412

Speaker Carroll, sponsor of House Bill 10-1412, concerning charter school and authorizer standards, explained the bill to the committee. He explained that the bill creates a review committee to study and make recommendations for charter school authorizing and governance standards. Representative Massey asked if he intends that local school boards could make additional standards if they so chose. Speaker Carroll responded that the bill establishes a baseline for charter school best practices. Representative Merrifield asked if a school district could have less restrictive standards than the bill requires. Speaker Carroll explains that would be decided in the rulemaking process.

03:22 PM

Representative Peniston asked question about the timeframe set out in the bill. Speaker Carroll asked that witnesses who will testify to respond to that question. Representative Middleton provided background on how the timeline came about and shared her experience as a state board member in dealing with the charter school appeals.

03:26 PM

The following people testified on the bill:

03:27 PM -- Jane Urschel, representing CASB, was asked to come to the witness table to answer questions from the committee. Representative Murray asked why CASB does not see the bill as an infringement on local control. Ms. Urschel responded that she has spoken with her members and they are supporting of the bill, and that CASB has always been supportive of establishing standards.

03:29 PM -- Jim Griffin, representing the Colorado League of Charter Schools, testified in support of the bill. He stated that the bill addresses authorizing and governance standards.

03:33 PM

Representative Middleton asked Mr. Griffin to address how much money has been spent on the charter school appeals process. Mr. Griffin responded that when charter schools were originally established, there were many more appeals, approximately 15 per year, but over the last years that has dissipated to about three per year. He attributed that decrease to the common charter application, which includes best practices and is standards-based. He explained that this common application has provided common guidance in a complicated process, but noted that the participation is voluntary. He responded to questions from the committee about common charter standards.

03:41 PM

Representative Murray expressed concern about setting state standards for a local jurisdiction. She cited the issue of food nutrition standards, which is done well in her district, but when state law institutes new standards, that results in increased paperwork just to prove that the district exceeds the state standards.

03:42 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill.

03:45 PM -- Alex Medler, representing the National Association of Charter School Authorizers (NACSA), testified in support of the bill and shared a copy of the NACSA principles and standards booklet (Attachment C).

03:49 PM

Representative Peniston asked Mr. Medler about the timeframe in the bill. He stated that the extra time allows the committee to revisit any issues that arise shortly after the implementation. Representative Murray asked Mr. Medler why the booklet he distributed could not be sent to school districts instead of legislating the issue. Mr. Medler explained that it is helpful to do both.

03:51 PM -- Bruce Caughey, representing CASE, testified in support of the bill. He also responded to previous questions from Representative Murray and Representative Peniston.

03:55 PM -- Alvin Rivera, representing himself, testified in support of the bill. He discussed the importance of best practices. He suggested adding two citizen members to the review committee.


BILL:	HB10-1412
TIME:	04:00:54 PM
MOVED:	Merrifield
MOTION:	Moved to amend House Bill 10-142, page 5, line 12, strike "JUNE 30,2012.", substitute "AUGUST 30, 2011.". Page 5, line 19, strike "to" and substitute "ON OR BEFORE JANUARY 15, 2012, TO". The motion passed without objection.
SECONDED:	Benefield
		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:	HB10-1412
TIME:	04:01:43 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.001 (Attachment D). The motion passed on a 8-4-1 vote.
SECONDED:	Benefield
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Tipton	No
	Todd	Excused
	Solano	Yes
	Merrifield	Yes

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


BILL:	HB10-1412
TIME:	04:11:49 PM
MOVED:	Benefield
MOTION:	Moved to refer House Bill 10-1412, as amended, to the Committee of the Whole. The motion passed on a 11-1-1 vote.
SECONDED:	Solano
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Yes
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Excused
	Solano	Yes
	Merrifield	Yes

Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:12 PM -- House Bill 10-1419

Representative Middleton requested that the bill be postponed indefinitely.


BILL:	HB10-1419
TIME:	04:12:53 PM
MOVED:	Middleton
MOTION:	Moved to postpone House Bill 10-1419 indefinitely. The motion passed on a 11-0-2 vote.
SECONDED:	Solano
		VOTE
	Benefield	Yes
	Massey	Yes
	McNulty	Excused
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Tipton	Yes
	Todd	Excused
	Solano	Yes
	Merrifield	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:14 PM

The committee adjourned.