House Committee on Education (03/08/2010)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	03/08/2010	ATTENDANCE

Time:	01:33 PM to 04:04 PM	Benefield	X
		Massey	X
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	*
		Todd	X
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB10-1274		Witness Testimony and/or Committee Discussion Only

01:35 PM -- House Bill 10-1274

Representative Schafer, sponsor of House Bill 10-1274, concerning transitions from out-of-home placement to the public school system, presented the bill to the committee. She explained her previous legislative efforts regarding student's rights and school safety. She discussed the work of the interim committee on school safety and the issue of out-of-home placement. She summarized the main provisions of the bill as proposed in amendment L.001 (Attachment A).

01:46 PM

Representative Murray asked who would play the role as the child welfare education liaison in each school district. Representative Murray responded that it would be an administrator at the school district and will enable the department to know who should be contacted in regards to these matters.

01:48 PM

The following people testified on the bill:

01:49 PM -- Tamisha Macklin, representing Bridging the Gap and Foster Care Youth, Inc., testified in opposition to the bill and shared her experience as a foster child and transitioning into new schools.

01:51 PM

Representative Merrifield responded to her comments, explaining that he believes that the bill will affect a limited number of foster care children. Representative Schafer echoed Representative Merrifield's comments.

01:53 PM -- Linda Weinerman, representing the Office of Child Representative, testified against the bill and stated that she believes that the bill does not reflect the interim committee discussion and is too far reaching. She further stated that the bill stigmatizes the most vulnerable children in the welfare system and creates barriers to returning to school. She also raised concerns about the bill applying only to foster care children, instead of all children who may be violent.

01:57 PM

Representative Benefield responded to Ms. Weinerman's testimony, seeking clarification on her remarks on which children would be affected by the legislation. Conversation between Representative Benefield and Ms. Weinerman on this topic ensued.

02:02 PM

Representative Schafer responded to Ms. Weinerman's testimony, stating that she believes the professionals in charge will make mature decisions about transitioning these kinds of students.

02:04 PM -- Bonnie Saltzman, representing the Colorado Bar Association, testified against the bill as introduced. She also addressed the proposed amendment and concerns that her association has with the proposed changes in the amendment. She also discussed issues with the current system, noting that requirements under current law are not being met regarding child welfare liaisons. She raised concerns with proper implementation of the bill.

02:14 PM -- Kim Dvorchak, representing the Colorado Juvenile Defender Coalition, testified against the bill. She shared a handout with the committee members that outlines the coalition's concerns (Attachment B). She shared that the defender community was not included in the development of the bill.

02:21 PM

Representative Middleton asked if the concern comes from the bill being developed without input from the judicial community. Ms. Dvorchak responded that the bill identifies and stigmatizes students. Representative Tipton stated that he believes that bill provides for discretion for local school districts to determine who is deemed to be a risk to the community. Ms. Dvorchak responded that the bill does not detail how a person is deemed a risk.

02:29 PM

Representative Benefield sought clarification on Ms. Dvorchak's opinion as to whom the bill pertains, noting the four requirements a student must meet in order to be subject to the notification requirement of the bill. Conversation on this issue ensued between Representative Benefield and Ms. Dvorchak. Representative Massey asked Ms. Dvorchak if the committee limited the deemed risk to actual acts as opposed to threats, would she be able to support the bill. She said that would improve the bill but she raised concern of the lack of due process for these children as the bill is proposed.

02:37 PM

Representative Middleton asked if the sponsor might be amenable to tightening up the language around criminal charges from "filing" to "convicted of".

02:39 PM -- Micheline Casey, representing the Governor's Office of Information Technology (OIT), testified on the bill and discussed the information sharing provisions of the bill.

02:41 PM -- John Barry, representing Aurora Public Schools, testified in support of the bill and discussed the importance of collaboration among different agencies.

02:52 PM -- George Voorhis, representing the Colorado Association of School Executives (CASE), testified in support of the bill and read testimony into the record (Attachment C). He shared his experience as the superintendent of a school district that experienced a violent incident with a student who had been transitioning back to the public school system. He responded to questions from the committee.

03:02 PM -- Tom Turrell, representing Byers School District and the Rural Caucus, testified in support of the bill. He noted that Mr. Voorhis touched on many of the points that he wanted to discuss.

03:03 PM -- Terrell Price, also representing Byers School District, testified in support of the bill.

03:07 PM

Representative Benefield asked Mr. Turrell and Mr. Price about threat and criminal charge language in the bill. Mr. Turrell responded that he would keep the language in tact as it pertains to filing of criminal charges. Mr. Price stated that it would be acceptable to remove the language pertaining to threats.

03:07 PM -- Kippi Clausen, representing Bridging the Gap, testified against the bill. She shared the challenges that foster children face with transitioning back to school. She also discussed the challenges in implementing current law and whether it is timely to add more requirements.

03:13 PM

Representative Murray asked why the bill applies to foster children only. Representative Schafer explained that it was not her intent to single out foster children. Representative Peniston shared her experience as a teacher with a student who had behavioral issues and that the lack of information about this student caused an incident that could have been avoided and comprised the safety of her students and herself.

03:19 PM -- Amy Burns, representing Bennet School District 29J, testified in support of the bill. She shared her experience with the placement of a student who was transitioning into the public school system. Ms. Burns responded to questions from the committee members.

03:29 PM -- Laura Writebol, representing Denver Human Services, testified on the bill and presented concerns with the implementation of bill.

03:37 PM

Representative Benefield asked Ms. Writebol about foster parent responsibilities and what the accountability issues are.

03:40 PM -- Skip Barber, representing the Colorado Association of Family and Children's Agencies (CAFCA), testified in support of the bill.

03:43 PM -- Karen Wick, representing the Colorado Education Association (CEA), testified on the bill and discussed the proposed amendment. She stated that the increased collaboration will improve a teacher's ability to help these children succeed.

03:44 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified in support of the bill.

03:51 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill contingent upon the passage of amendment L.001. Kathy Shannon also commented on previous testimony.


BILL:	HB10-1274
TIME:	03:58:07 PM
MOVED:	Massey
MOTION:	Moved amendment L.001 (Attachment A). After committee discussion, the amendment was withdrawn and the chair announced that the bill would be laid over for action only until Thursday, March 11.
SECONDED:	Todd
		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: WITHDRAWN

04:04 PM

The committee adjourned.