School Discipline (10/18/2011)

Final
STAFF SUMMARY OF MEETING

SCHOOL DISCIPLINE

Date:	10/18/2011	ATTENDANCE

Time:	09:09 AM to 04:26 PM	Cairns	X
		Dvorchak	X
Place:	HCR 0112	Garcia	X
		Garnett	X
This Meeting was called to order by		Hudak	X
	Senator Newell	Jackson	X
		King K.	X
This Report was prepared by		Levy	X
	Hillary Smith	Nunez	X
		Plummer	X
		Ross	X
		Rudden	X
		Smith	X
		Szabo	X
		Nikkel	X
		Newell	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
Consideration of Draft Legislation		Recommended Bill 1 to Legislative Council

09:09 AM -- Consideration of Draft Legislation

Senator Newell explained the process that the committee will follow as it considers Bill 1, LLS 12-0200 (Attachment A). She then described what will happen to the committee's bills after this meeting. She explained that the drafter would walk the committee through its options.

09:18 AM -- Mr. Richard Sweetman, representing the Office of Legislative Legal Services, explained that he has prepared several documents to assist the committee whether it decides to go forward with one bill or three. The committee discussed the advantages and disadvantages to splitting Bill 1. Senator King asked if new titles had been created for the two new bills that would be created if Bill 1 were split.


BILL:	Consideration of Draft Legislation
TIME:	09:23:48 AM
MOVED:	King K.
MOTION:	Divide Bill 1 (Attachment A) into three bills. The motion failed on a 1-5 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	Yes
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	No
	Newell	No

Not Final YES: 1 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

09:24 AM

Senator Newell confirmed that the committee would move forward with one bill. The members received notes prepared by Mr. Sweetman concerning the amendments he prepared (Attachment B). The members also received a packet containing prepared Amendments 1 through 12, 14 through 19, 21 through 26, and 41 (Attachment C), and two other amendments, prepared Amendments 43 and 44 (Attachments D and E,
respectively).

09:28 AM

The committee stood in recess to allow committee members to review the amendments. Comments that Ms. Smith prepared concerning the definition of "referral to law enforcement" and discussions concerning guided discretion were distributed to the committee (Attachment F).

09:44 AM

The committee came back to order and began to discuss prepared Amendment 1 (pages 1 through 6 of Attachment C). Representative Levy asked about the use of the term "moderate disciplinary tools." Committee discussion ensued on this point.


BILL:	Consideration of Draft Legislation
TIME:	09:51:55 AM
MOVED:	King K.
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 1, lines 6 and 10, and page 2, lines 13 and 14, strike "moderate disciplinary tools" and substitute "proportionate disciplinary interventions or consequences". After a substitute motion failed, the motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	10:02:06 AM
MOVED:	Hudak
MOTION:	SUBSTITUTE MOTION: Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 1, lines 6 and 10, and page 2, lines 13 and 14, strike "moderate disciplinary tools" and substitute "proportionate developmentally appropriate disciplinary interventions or consequences". The motion failed on a 2-4 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	No
	Newell	Yes

Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

10:07 AM

Mr. Sweetman walked the committee through his notes on the amendments (Attachment B). Senator Hudak shared her thoughts on language on pages 15 and 16 of Bill 1 (Attachment A) concerning notifications provided to parents or guardians. Committee discussion ensued.


BILL:	Consideration of Draft Legislation
TIME:	10:23:29 AM
MOVED:	Nikkel
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 2, strike lines 7 and 8 and substitute "Page 16, strike lines 1 through 9 and substitute "information.".". The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	Yes

Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

10:34 AM

Mr. Nunez sought clarification on section "k" of Mr. Sweetman's notes (Attachment B). Sergeant Ross spoke about the relationship between school resource officers (SROs) and schools. Chief Jackson reminded the committee that most schools do not have SROs. The committee discussed the language on page 24 of Bill 1 concerning the use of peace officers in schools.


BILL:	Consideration of Draft Legislation
TIME:	10:45:01 AM
MOVED:	Hudak
MOTION:	WITHDRAWN: Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 28 through 34 and substitute "Page 24, strike lines 7 through 20.". After committee discussion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

10:48 AM

Senator King asked if there is a definition of an SRO in statute. The committee discussed how to allow SROs time to be trained. Discussion then turned to the process for assigning SROs to schools.


BILL:	Consideration of Draft Legislation
TIME:	11:01:25 AM
MOVED:	Hudak
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 28 through 34 and substitute "Page 24, strike lines 10 and 11 and substitute "of education shall accept the assignment of a peace officer, as defined in section 24-31-301 (5), C.R.S., acting in his or her official capacity as a school resource officer in a".". The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

11:12 AM

The committee continued to discuss whether to define "school resource officer."


BILL:	Consideration of Draft Legislation
TIME:	11:13:13 AM
MOVED:	Nikkel
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, after line 34 insert "Page 24, line 14, after "C.R.S." insert "This provision does not apply to peace officers who are not school resource officers.".". The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

11:17 AM

Mr. Sweetman addressed language on lines 15 through 20 of page 24 of Bill 1. The committee debated the term "on school grounds."


BILL:	Consideration of Draft Legislation
TIME:	11:27:45 AM
MOVED:	Levy
MOTION:	WITHDRAWN: Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 35 and 36 and substitute "Page 24, strike lines 15 through 17 and substitute "(2) If a peace officer arrests or issues a summons to a student of the school for behavior that would constitute a violation of the school code of conduct,".". After further committee discussion and a substitute motion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	11:38:30 AM
MOVED:	King K.
MOTION:	SUBSTITUTE MOTION: Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 35 and 36 and substitute "Page 24, strike lines 15 through 18 and substitute "(2) If a school resource officer arrests or issues a summons to a student of a school, the school resource officer shall notify the principal of the school of the".". The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	11:37:07 AM
MOVED:	Nikkel
MOTION:	SUBSTITUTE MOTION, WITHDRAWN: Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 35 and 36 and substitute "Page 24, strike lines 15 through 17 and substitute "(2) If a peace officer arrests or issues a summons to a student of the school for behavior on or off school property that is detrimental to the safety or security of the school or persons present at the school,".". After further committee discussion and a substitute motion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

Note: Representative Nikkel's motion was a substitute motion to Representative Levy's motion. Representative Levy withdrew her motion, and Representative Nikkel withdrew her motion once the committee began to discuss Senator King's motion, which ultimately passed.

11:49 AM

Committee discussion turned to page 1 of Amendment 1, lines 21 through 24, requiring students at public schools to complete an orientation program on their school's disciplinary code.


BILL:	Consideration of Draft Legislation
TIME:	11:57:47 AM
MOVED:	King K.
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 1, strike lines 23 and 24 and substitute "enrolled in the public school to be familiar with the provisions of the code."". The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

12:02 PM

Senator King discussed the use of the terms "school grounds" and "school property" on pages 2 and 3 of Amendment 1.


BILL:	Consideration of Draft Legislation
TIME:	12:04:28 PM
MOVED:	King K.
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, line 7, strike "property" and substitute "grounds". The motion passed without objection. A later motion reversed this action.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

12:04 PM

Senator Hudak spoke about language on pages 2 and 3 of Amendment 1 concerning reporting requirements. Ms. Dvorchak proposed that a new requirement be added to require schools to report when a child is charged with interference with an educational institution pursuant to Section 18-9-109, C.R.S. Senator King expressed his concerns with the costs and time required to complete reports. Committee discussion ensued.

12:19 PM

The committee recessed for lunch.

01:33 PM

The committee came back to order. Ms. Dvorchak distributed a letter concerning the provisions of Section 18-9-109, C.R.S. (Attachment G).


BILL:	Consideration of Draft Legislation
TIME:	01:34:43 PM
MOVED:	King K.
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 3, strike lines 1 through 6. The motion failed on a 1-5 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	Yes
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	No
	Newell	No

Not Final YES: 1 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Consideration of Draft Legislation
TIME:	01:49:38 PM
MOVED:	Nikkel
MOTION:	Amend prepared Amendment 1 (pages 1 through 6 of Attachment C): Page 2, line 24, strike "grounds" and substitute "property". Page 3, lines 1, 4, 14, and 20, strike "grounds" and substitute "property". Page 3, line 7, keep "property" as is, reversing the successful Senator King motion from 12:04 p.m. The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

01:51 PM

In response to questions from Senator King, Mr. Sweetman clarified that language on page 4, lines 27 through 33 of Amendment 1 directly quotes language from the federal Gun-Free Schools Act. Ms. Garcia asked for information about language on page 3, lines 26 and 27 of Amendment 1, concerning students with disabilities, and Mr. Sweetman directed her to Amendment 25 (page 29 of Attachment C).


BILL:	Consideration of Draft Legislation
TIME:	01:57:00 PM
MOVED:	Nikkel
MOTION:	Adopt prepared Amendment 1 (pages 1 through 6 of Attachment C), as amended. The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

01:58 PM

Senator Hudak explained prepared Amendment 2 (page 7 of Attachment C).


BILL:	Consideration of Draft Legislation
TIME:	02:00:51 PM
MOVED:	Hudak
MOTION:	Adopt prepared Amendment 2 (page 7 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

02:01 PM

Representative Levy explained prepared Amendment 3 (page 8 of Attachment C).


BILL:	Consideration of Draft Legislation
TIME:	02:02:43 PM
MOVED:	Levy
MOTION:	Adopt prepared Amendment 3 (page 8 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

02:03 PM

Mr. Sweetman explained prepared Amendment 4 (page 9 of Attachment C). He noted that the amendment conflicts with Amendment 16 (page 20 of Attachment C). Committee discussion ensued.


BILL:	Consideration of Draft Legislation
TIME:	02:05:33 PM
MOVED:	King K.
MOTION:	Adopt prepared Amendment 16 (page 20 of Attachment C). The motion failed on a 1-5 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	Yes
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	No
	Newell	No

Not Final YES: 1 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:23 PM

The committee discussed prepared Amendment 5 (page 10 of Attachment C). Discussion then turned to prepared Amendment 6 (page 11 of Attachment C). Senator Newell explained that she is opposed to Amendment 6. Senator King asked for clarification concerning lines 11 through 17 on page 19 of Bill 1, concerning training in conflict resolution and disciplinary alternatives.

02:31 PM

The committee discussed prepared Amendment 7 (page 12 of Attachment C). Senator Newell described a potential amendment to the amendment.


BILL:	Consideration of Draft Legislation
TIME:	02:32:20 PM
MOVED:	Newell
MOTION:	Amend prepared Amendment 7 (page 12 of Attachment C): Page 1, line 4, after "(d)" insert "Where applicable," and line 6, after "(e)" insert "Where applicable,". The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	02:35:44 PM
MOVED:	Newell
MOTION:	Adopt prepared Amendment 7 (page 12 of Attachment C), as amended. A substitute motion passed, and no vote was taken on the motion.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	02:47:09 PM
MOVED:	King K.
MOTION:	SUBSTITUTE MOTION: Amend Bill 1 (Attachment A): Page 19, line 1, after "creating" insert "or amending". Page 19, lines 2 and 3, give the drafter permission to insert "at a minimum" somewhere within the phrase "shall solicit and consider input from:". Page 19, line 5, after "district;" insert "and". Page 19, line 6, strike "agency;" and substitute "agency.". Page 19, strike lines 7 through 10. The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

02:52 PM

The committee discussed prepared Amendment 8 (page 13 of Attachment C) and prepared Amendment 17 (page 21 of Attachment C). Mr. Sweetman explained that Amendment 17 contains elements of Amendment 8.


BILL:	Consideration of Draft Legislation
TIME:	02:58:52 PM
MOVED:	Nikkel
MOTION:	Adopt prepared Amendment 17 (page 21 of Attachment C). The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	Yes

Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:04 PM

The committee discussed prepared Amendment 9 (page 14 of Attachment C). Mr. Sweetman commented on the concerns that prompted the amendment.


BILL:	Consideration of Draft Legislation
TIME:	03:08:33 PM
MOVED:	Nikkel
MOTION:	Adopt prepared Amendment 9 (page 14 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	03:09:40 PM
MOVED:	Newell
MOTION:	Adopt prepared Amendment 10 (page 15 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	03:10:01 PM
MOVED:	King K.
MOTION:	WITHDRAWN: Amend prepared Amendment 10 (page 15 of Attachment C): Page 1, line 5, strike "ten" and substitute "thirty". The motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	03:20:34 PM
MOVED:	Nikkel
MOTION:	Adopt prepared Amendment 11 (page 16 of Attachment C), as amended (see vote sheet below). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	03:23:13 PM
MOVED:	Levy
MOTION:	Amend prepared Amendment 11: Page 1, line 5, after "student" insert "and a remedial discipline plan". After a substitute motion failed, the motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	Yes
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	No

Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Consideration of Draft Legislation
TIME:	03:24:34 PM
MOVED:	Newell
MOTION:	SUBSTITUTE MOTION: Amend prepared Amendment 11: Page 1, line 5, after "student" insert "and a positive behavioral plan". The motion failed on a 3-3 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	Yes
	Newell	Yes

Not Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	Consideration of Draft Legislation
TIME:	03:21:26 PM
MOVED:	Newell
MOTION:	WITHDRAWN: Amend prepared Amendment 11 (page 16 of Attachment C): Page 1, line 8, strike "second" and substitute "first". After committee discussion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

03:29 PM

The committee discussed Amendment 12 (page 17 of Attachment C). Sgt. Ross shared his thoughts on the amendment. The committee then turned its attention to prepared Amendment 14 (page 18 of Attachment C). Senator King asked whether a definition of "expelled" exists in current law and whether schools are required to provide educational services to students who have been expelled. Senator Hudak explained prepared Amendment 18 (page 22 of Attachment C).


BILL:	Consideration of Draft Legislation
TIME:	03:38:39 PM
MOVED:	King K.
MOTION:	SUBSTITUTE MOTION: Amend Bill 1 (Attachment A): Page 25, line 27, strike "year." and substitute "year, to be at least one month.". The motion passed without objection, but was later reconsidered and withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

Note: the motion was a substitute motion to Senator Hudak's original motion to adopt prepared Amendment 18.


BILL:	Consideration of Draft Legislation
TIME:	03:41:48 PM
MOVED:	Hudak
MOTION:	Reconsider the previous motion. The motion to reconsider passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	Yes
	Newell	Yes

Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Consideration of Draft Legislation
TIME:	03:42:27 PM
MOVED:	King K.
MOTION:	WITHDRAWN: Amend Bill 1 (Attachment A): Page 25, line 27, strike "year." and substitute "year, to be at least one month.". The motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	03:44:02 PM
MOVED:	Hudak
MOTION:	Adopt prepared Amendment 18 (page 22 of Attachment C). After a substitute motion was withdrawn after reconsideration, the motion passed on a 4-2 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	Yes

Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Consideration of Draft Legislation
TIME:	03:44:44 PM
MOVED:	Hudak
MOTION:	WITHDRAWN: Adopt prepared Amendment 19 (page 23 of Attachment C). After committee discussion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	03:47:51 PM
MOVED:	Hudak
MOTION:	Adopt prepared Amendment 21 (page 24 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	03:48:50 PM
MOVED:	Newell
MOTION:	Adopt prepared Amendment 22 (page 25 of Attachment C). The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	Yes

Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	Consideration of Draft Legislation
TIME:	03:49:46 PM
MOVED:	Levy
MOTION:	Adopt prepared Amendment 23 (page 26 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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


BILL:	Consideration of Draft Legislation
TIME:	03:50:11 PM
MOVED:	Newell
MOTION:	WITHDRAWN: Adopt prepared Amendment 24 (page 27 of Attachment C). After committee discussion, the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:

03:50 PM

The committee discussed prepared Amendment 25 (page 29 of Attachment C). Representative Levy proposed severing the amendment after line 17.


BILL:	Consideration of Draft Legislation
TIME:	03:52:56 PM
MOVED:	Levy
MOTION:	Adopt severed section B (lines 18 through 22) of prepared Amendment 25 (page 29 of Attachment C). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

03:53 PM

The committee discussed prepared Amendment 41 (page 31 of Attachment C), which amends the title of Bill 1.


BILL:	Consideration of Draft Legislation
TIME:	04:01:48 PM
MOVED:	Newell
MOTION:	Amend prepared Amendment 41 (page 31 of Attachment C): Page 1, line 2, strike ""appropriate"" and substitute ""fair"". The motion failed on a 2-4 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	No
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	Yes
	Newell	Yes

Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Consideration of Draft Legislation
TIME:	04:02:52 PM
MOVED:	Newell
MOTION:	WITHDRAWN: Adopt prepared Amendment 41 (page 31 of Attachment C). The motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	04:05:01 PM
MOVED:	King K.
MOTION:	WITHDRAWN: Adopt prepared Amendment 43 (Attachment D). After a motion to amend the amendment failed (see vote sheet below), the motion was withdrawn.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION:


BILL:	Consideration of Draft Legislation
TIME:	04:05:09 PM
MOVED:	King K.
MOTION:	Amend prepared Amendment 43 (Attachment D). Page 1, strike lines 1 through 4 and substitute "Page 18, strike lines 13 through 14 and substitute "responses to student misconduct.".". The motion failed on a 1-5 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	No
	Jackson
	King K.	Yes
	Levy	No
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	No
	Nikkel	No
	Newell	No

Not Final YES: 1 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	Consideration of Draft Legislation
TIME:	04:11:39 PM
MOVED:	Newell
MOTION:	Adopt prepared Amendment 44 (Attachment E). The motion passed without objection.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak
	Jackson
	King K.
	Levy
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo
	Nikkel
	Newell

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

04:12 PM

Senator Newell spoke about the need to save conceptual amendments until the bill is introduced.

The following individual testified regarding the bill:

04:13 PM -- Mr. Grant Van Pelt, representing the Colorado Society of School Psychologists, testified regarding Bill 1. He distributed a handout to the committee (Attachment H). He discussed behavioral assessments. He said that bullying is a pattern. He offered recommendations concerning in-school suspensions.


BILL:	Consideration of Draft Legislation
TIME:	04:17:37 PM
MOVED:	Newell
MOTION:	Include Bill 1, as amended, as one of the bills to be forwarded by the Legislative Task Force to Study School Discipline to Legislative Council. The motion passed on a 5-1 roll call vote.
SECONDED:
		VOTE
	Cairns
	Dvorchak
	Garcia
	Garnett
	Hudak	Yes
	Jackson
	King K.	No
	Levy	Yes
	Nunez
	Plummer
	Ross
	Rudden
	Smith
	Szabo	Yes
	Nikkel	Yes
	Newell	Yes

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

04:18 PM

In response to questions from Mr. Sweetman, the committee agreed that Senator Newell and Senator Hudak will be co-prime sponsors of the bill in the Senate, and Representative Nikkel and Representative Levy will be co-prime sponsors of the bill in the House. Representative Szabo will be a co-sponsor, and the bill will be a Senate bill. The committee granted the drafter permission to make technical changes, and agreed that the bill will have no safety clause. The committee briefly discussed the effective date of the bill. Senator Newell thanked Mr. Sweetman, the committee members, and Legislative Council Staff for their work.

04:24 PM

Senator King thanked everyone for their work on the bill. He expressed his opinion that the bill must change dramatically in order to be used by school districts in Colorado.

04:26 PM

The committee adjourned.