House Committee on Education (01/28/2013)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	01/28/2013	ATTENDANCE

Time:	01:30 PM to 05:24 PM	Buckner	X
		Court	X
Place:	HCR 0112	Everett	X
		Fields	X
This Meeting was called to order by		Holbert	X
	Representative Hamner	Landgraf	X
		Murray	X
This Report was prepared by		Pettersen	X
	Kristen Johnson	Priola	X
		Wilson	X
		Young	X
		Peniston	X
		Hamner	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB13-1005 HB13-1006 HB13-1023 HB13-1073 HB13-1056		Amended, Referred to Appropriations Amended, Referred to Appropriations Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations

01:31 PM -- House Bill 13-1005

Representative Hamner, Chair, called the meeting to order and welcomed the members of the committee and the audience. She invited Representative Fields and Representative Buckner to the table to present House Bill 13-1005. The bill, which concerns postsecondary certificate programs that combine basic education course work with skills training, requires the State Board for Community Colleges and Occupational Education (SBCCOE) to design new certificate programs to allow certain unemployed or underemployed adults to obtain a career and technical education certificate in 12 months or less. The certificate programs will be offered as a pilot program, and are intended to integrate information and math literacy development with career and technical training.

The bill, as introduced, requires that SBCCOE design at least 20 certificate programs; the first 10 must be available by the fall semester of the 2013 academic year, and 10 more must be available by the next academic year. The SBCCOE may consult with local district junior colleges, area vocational schools, local workforce development councils, and the appropriate staff at the Colorado Department of Education (CDE), when developing the certificate programs. Each program must be jointly designed by mathematics, English, and career and technical education faculty.

Community colleges, technical colleges, local district junior colleges, and other workforce development programs may participate in the pilot program by implementing one or more of the certificate programs. If implemented, the institutions are required to report participation information to the Department of Higher Education (DHE). The pilot program is repealed July 1, 2018.

Representative Fields explained that the bill attempts to provide additional postsecondary training for currently unemployed or underemployed people so that they can upgrade their skills and be competitive in the job market. She added that the bill was recommended by the Educational Success Task Force, a legislative interim committee.

The following persons testified:

01:35 PM -- Frank Waterous, Senior Policy Analyst, The Bell Policy Center, testified in support of the bill. He provided a handout to the members of the committee (Attachment A). Mr. Waterous provided a brief background of The Bell Policy Center. He stated that the center supports the innovative, collaborative, and integrative program that the legislation brings forward. He stated that the program in the bill is modeled after a program in Washington state, the Integrated Basic Education and Skills Training (I-BEST) program. He said that the bill is helpful to Colorado employers who want to fill middle skill jobs, and that it addresses education and workforce issues faced by the state. He stated that currently, Colorado provides no state funding for adult education programs and that there is a substantial middle skills gap in the state. He discussed a report published for the Skills to Compete Colorado Campaign. He said that the program has been highly successful in other states in helping low literacy adults obtain the credentials that they need in order to earn a living wage. He added that the program will help bolster Colorado's economic growth. He thanked the members of the Educational Success Task Force for recommending the legislation.

13HseEd0128AttachA.pdf

01:43 PM -- Jeff Barratt, Executive Director of Emily Griffith Technical College, testified in support of the bill. He stated that he agrees with Mr. Waterous' testimony and sees the need for technical training in Colorado's workforce, which Emily Griffith provides. He stated that this bill is a creative way to serve students and that it advances the mission of Emily Griffith Technical College.

01:44 PM

Representative Murray asked Mr. Barratt what collaboration with other schools looks like to him. Mr. Barratt responded that collaboration will create more efficient pathways for students. Representative Peniston thanked Mr. Barratt for his work.

01:46 PM -- Dr. Geri Anderson, Vice President of Academic and Student Services and Provost, Colorado Community College System, and Co-Chair of the Educational Success Task Force, testified in support of the bill. She discussed the work of the Educational Success Task Force and stated that the bill responds to the need to educate those who have low skills. She stated that without this bill, students are currently not able to enter into postsecondary course work until they have acquired the needed basic skills, and that this bill allows students to combine those basic skills courses with technical training courses.

01:48 PM

Representative Holbert asked Dr. Anderson how she classifies who is considered to be underemployed. Dr. Anderson responded.

01:50 PM -- Tracey Stewart, representing the Colorado Center on Law and Policy, testified in support of the bill. Ms. Stewart stated that the program will engage students to move forward and increase their economic returns. She stated that in the U.S., a single adult needs to make about $25,000 to make ends meet, and that people who are underemployed are those who cannot make ends meet. She said that this bill takes workers who are underemployed and puts them into the 6 out of 10 jobs in Colorado that need middle skilled workers. She added that this is a potential poverty reduction bill for Colorado and will lead to economic efficiency.

01:52 PM

Representative Landgraf asked why legislation is needed in order to accomplish this. Dr. Anderson returned to the table, and stated that Colorado's current developmental education policy does not allow students to enter post secondary education without first meeting higher education institutions' basic skills and standards. This bill, she explained, allows students to enter into technical programs without having to go through the developmental sequence. Dr. Anderson added that the reason community colleges, technical colleges, and area vocational schools are providing the certificates is because they are accredited institutions.

01:56 PM

Representative Holbert thanked Dr. Anderson for her expertise. Representative Fields distributed Amendment L.001 (Attachment B) and Amendment L.002 (Attachment C). She explained the amendments to the committee.

13HseEd0128AttachB.pdf

13HseEd0128AttachC.pdf


BILL:	HB13-1005
TIME:	01:58:07 PM
MOVED:	Fields
MOTION:	Adopt Amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Everett
	Fields
	Holbert
	Landgraf
	Murray
	Pettersen
	Priola
	Wilson
	Young
	Peniston
	Hamner

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1005
TIME:	02:00:02 PM
MOVED:	Fields
MOTION:	Adopt Amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Everett
	Fields
	Holbert
	Landgraf
	Murray
	Pettersen
	Priola
	Wilson
	Young
	Peniston
	Hamner

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1005
TIME:	02:00:39 PM
MOVED:	Fields
MOTION:	Refer House Bill 13-1005, as amended, to the Committee on Appropriations. The motion passed on a vote of 12-1.
SECONDED:	Murray
		VOTE
	Buckner	Yes
	Court	Yes
	Everett	No
	Fields	Yes
	Holbert	Yes
	Landgraf	Yes
	Murray	Yes
	Pettersen	Yes
	Priola	Yes
	Wilson	Yes
	Young	Yes
	Peniston	Yes
	Hamner	Yes

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

02:02 PM -- House Bill 13-1006

Representative Moreno and Representative Exum Sr. came to the table to present House Bill 13-1006. The bill, beginning in FY 2014-15, creates the Breakfast After the Bell Nutrition Program. The bill requires every school with 70 percent or more of students eligible for free or reduced price lunch to offer a free breakfast to each student enrolled in the school. Schools that fall below this threshold for two consecutive years may opt out of the program.

Schools may select the method and time to offer the breakfast, so long as it occurs after the first bell of the school day. Exemptions are provided for schools with fewer than 100 students, schools in districts with fewer than 300 total students, and schools that do not participate in the federal School Lunch Program.

The sponsors explained the bill in detail. Two handouts were distributed to the members of the committee (Attachments D and E).

13HseEd0128AttachD.pdf

13HseEd0128AttachE.pdf

The following persons testified:

02:10 PM -- Lorraine Cahill, representing Englewood Elementary Schools, testified in support of the bill. Ms. Cahill provided background on her work in healthcare. She described a situation at her school in which students would come to the nurse's office complaining of stomach and head aches and the inability to concentrate. She stated that the nurse's office would feed these children cereal and that after about twenty minutes, the kids felt much better. She stated that kids in her school were not eating breakfast and that this was impairing their ability to take in information and was contributing to behavioral problems from students. She discussed a pilot program to provide breakfast in the classroom at her school and said that it was hugely successful. She added that serving breakfast in the classroom increased feelings of community between the students and the teacher, and that the incidence of students coming to the nurse's office for food-related issues dropped dramatically. She stated that behavioral issues have dropped dramatically, and that the difference in her school since starting the program has been significant.

02:19 PM -- Trevor Sanders, a student representing the Moreno High School Health and Wellness Committee, testified in support of the bill. Mr. Sanders discussed his experience with breakfast in the classroom. He stated that when students participate in the program, it encourages their classmates to also participate.

02:24 PM -- Julie Fayhe, principal of Queen Palmer Elementary School, testified in support of the bill. She discussed her experience with the breakfast before the bell program, stating that the program has contributed to academic growth. She stated that about 58 percent of students in her school already met their end-of-year benchmarks for growth. She stated that fewer students come to the office complaining of stomach and head aches. She added that the program builds a sense of community which allows teachers to learn more about their students and interact on a whole different level. She emphasized the importance of support and engagement.

02:29 PM -- Robin Southerland, second grade teacher at Queen Palmer Elementary School, testified in support of the bill. She described her experience dealing with students who did not eat breakfast, saying that they were often lethargic and struggling academically. In her classroom, she stated that she would provide a small breakfast for those children in need and that the results were immediate; the students brightened, were able to concentrate, and were ready to learn. She said that serving breakfast in the classroom takes about ten minutes and that students learned to eat while completing simple tasks such as worksheets or oral exercises. She stated that breakfast created a positive beginning to the day and that incidence of tardiness decreased. She added that the best ways to break the cycle of poverty are to ensure that students are getting the education they need, and the fuel from food in order to help them absorb the information being taught.

02:34 PM

Representative Priola asked about the types of foods being served for breakfast. Ms. Southerland responded that foods include cereal, hot pancakes, breakfast burritos, and sandwiches, and that all breakfast is served with a piece of fruit.

02:36 PM -- Cindy Veney, representing Adams 14 Schools in Commerce City, testified in support of the bill. She described her experience with breakfast in the classroom, stating that in 2009 when the program was implemented in her school they served breakfast to about 29 percent of students, and that today they serve breakfast to about 80 percent of their students. She stated that the teachers and principals at her school love this program. She added that financially, this program works for her district, noting that federal funds cover the expenses of the food.

02:41 PM -- Jill Kidd, representing the Colorado School Nutrition Association, testified in support of the bill. She stated the the association has been an active supporter of breakfast expansion in schools for several years. She stated that hungry children can not learn and that breakfast plays an integral role in academics. She expressed concern about federal funding under the new USDA regulations set to take place in 2015.

02:43 PM -- Juan Ameca Porras, a student representing Denver Public Schools, testified in support of the bill. He stated that, as a student, breakfast is very important and it allows students to wake up, concentrate, and have a better attitude. He stated that before breakfast was provided in the classroom, many students did not eat breakfast. He stated that students' days are long and that they depend on breakfast to get them through the day, and that eating breakfast and lunch at school will decrease obesity among kids. He described the types of foods that are served for breakfast in his school, and said that breakfast takes about ten minutes.

02:47 PM

Representative Peniston commented on Juan's testimony and thanked him for being brave enough to speak to the committee.

02:49 PM -- Alysh Lynch, a student representing Denver Public Schools, testified in support of the bill. Ms. Lynch described her own experience with poverty and the need for breakfast at school. She stated that going without food and trying to concentrate is hard, and that food fuels learning. She stated that a large amount of her community is food insecure and that several of her friends have their own food insecurities. She stated that when students are food insecure, their grades suffer and this negatively impacts their future.

02:53 PM -- Dr. Paula Noonan, representing herself, testified in support of the bill. Dr. Noonan stated that she supports the bill because it is a funded program and supports academic achievement, and is a best practice. She discussed the need for food from a biological standpoint, stating that brains need calories in order to function. She stated that some districts feel the breakfast program takes up too much time and is not tidy; however, she stated, learning is more important than the tidiness involved and that this program can be delivered in a tidy manner. She stated that this bill will have a powerful and positive impact in Colorado and on education. She added that all children should have free breakfast served in the classroom.

02:56 PM -- Mona Martinez-Brosh, Director of Nutrition Services, Aurora Public Schools, testified in support of the bill. Ms. Martinez-Brosh discussed the cost to school districts to provide breakfast in the classroom.

02:59 PM -- Kay Bensston, representing Interfaith Voices for Justice, testified in support of the bill. Ms. Bensston stated that over the past five to ten years, there has been greater evidence linking learning and eating breakfast. She stated that skipping breakfast impairs children's ability to learn, and that school breakfast improves student behavior, improves nutrition, and decreases obesity. She stated that breakfast in the classroom works best when breakfast is free for all children. She stated that schools that offer breakfast in the classroom increase student attentiveness and attendance, and improve the learning environment. She added that breakfast is important for health and well-being, and that this is not a partisan issue, but rather a human issue.

03:02 PM -- Dr. Sarah VanScoy, a pediatrician representing Kaiser Permanente, testified in support of the bill. She stated that when students eat breakfast they miss fewer school days, have lower rates of anxiety and depression, receive more nutrition, and reduce other risky behaviors. She stated that children need regular meals because they have smaller livers, which process the foods that are consumed. She stated that eating breakfast regularly is associated with a greater intake of vitamins and minerals and a lower intake of sodium and fat. She added that in her suburban medical practice, she sees one in seven kids who are food insecure.

03:07 PM -- Kathy Underhill, representing Huger Free Colorado, testified in support of the bill. Ms. Underhill stated that the bill leverages Colorado's educational outcomes. She stated that in the presence of hunger, not much else matters, and that the state is not getting its return on the investment it makes in education because students are not ready to learn due to hunger. She discussed the upcoming changes to the USDA guidelines.


BILL:	HB13-1006
TIME:	03:10:25 PM
MOVED:	Court
MOTION:	Adopt Amendment L.002 (Attachment F). The motion passed without objection. 13HseEd0128AttachF.pdf
SECONDED:	Fields
		VOTE
	Buckner
	Court
	Everett
	Fields
	Holbert
	Landgraf
	Murray
	Pettersen
	Priola
	Wilson
	Young
	Peniston
	Hamner

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1006
TIME:	03:12:02 PM
MOVED:	Court
MOTION:	Refer House Bill 13-1006, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-2.
SECONDED:	Buckner
		VOTE
	Buckner	Yes
	Court	Yes
	Everett	No
	Fields	Yes
	Holbert	No
	Landgraf	Yes
	Murray	Yes
	Pettersen	Yes
	Priola	Yes
	Wilson	Yes
	Young	Yes
	Peniston	Yes
	Hamner	Yes

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

03:34 PM -- House Bill 13-1023

Representative Murray and Representative Fields came to the table to present House Bill 13-1023. The bill, which was recommended by the Educational Success Task Force, requires each local board of education and the Charter School Institute to adopt a policy concerning academic acceleration for students no later than July 1, 2014. The bill identifies a limited set of recommended processes and guidelines that local boards may use when developing an acceleration policy.

Representative Murray discussed the bill, noting that it is not an unfunded mandate. She said that the bill will prevent kids who are gifted from being lost in the dust. Representative Fields stated that acceleration is more than just skipping a grade level.

Representative Buckner asked if the acceleration policy is something adopted by the State Board of Education, or something done at the school level. Representative Murray responded that this is a policy adopted by local boards of education.

The following persons testified:

03:41 PM -- Dr. Susan Scheibel, representing high-ability students and herself as a member of the Educational Success Task Force, testified in support of the bill. She provided a handout to the members of the committee (Attachment G). Dr. Scheibel provided background of her study and career in special education. She stated that she has personally seen acceleration work for many unique learners. She discussed her doctoral dissertation. She stated that acceleration varies greatly in practice in Colorado, and discussed her son's educational background. She stated that she was frustrated that her son's school was not responsive to her son's academic needs. She added that she is aware of many other students who are doing poorly in school because they are not being challenged.

13HseEd0128AttachG.pdf

03:48 PM

Representative Young asked if acceleration is the only way to challenge a high performing student. Dr. Scheibel stated that she would address his question at the conclusion of her testimony.

03:49 PM -- Logan Brock, senior at Arapahoe High School and representing Colorado students, testified in support of the bill. He discussed his own experience being accelerated in mathematics. He stated that being able to take advanced classes in the subject challenged him, yet still allowed him to be with his peers.

03:52 PM -- Dr. Scheibel returned to the table to make closing comments. She stated that academic acceleration benefits the whole child. She stated that 28 states have no acceleration policy.

03:55 PM

Representative Holbert thanked Dr. Scheibel and recognized her passion for the topic.

Representative Young returned to his previous question of whether or not there are students who might not benefit from acceleration and asked what other types of learning experiences are good for them. Dr. Scheibel diverted the question to Representative Fields, who provided a list of some of the options available, including: dual enrollment, credit by exam, advanced placement, entry into college, curriculum compacting, and single subject acceleration.

Representative Young discussed his experience as a math teacher, and stated that sometimes bright students still need to be taught how to apply their knowledge so that they are successful in college and beyond.

04:02 PM -- Rebecca Pfingsten, representing Colorado Springs School District 11, testified in support of the bill. She discussed the direction that Colorado Springs School District 11 is headed in terms of gifted and talented education. She stated that no child is left behind, except for our brightest and highest learners. She provided a metaphor to describe what gifted students experience when they are not being challenged.

Representative Peniston commented on the need to take into consideration the whole child, including his or her social well being, when considering academic acceleration.


BILL:	HB13-1023
TIME:	04:08:22 PM
MOVED:	Fields
MOTION:	Refer House Bill 13-1023 to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:	Murray
		VOTE
	Buckner	Yes
	Court	Yes
	Everett	Yes
	Fields	Yes
	Holbert	Yes
	Landgraf	Yes
	Murray	Yes
	Pettersen	Yes
	Priola	Yes
	Wilson	Yes
	Young	Yes
	Peniston	Yes
	Hamner	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:11 PM -- House Bill 13-1073

Representative Landgraf came to the table to present House Bill 13-1073, concerning teacher licensing. Under current law, a newly hired public school teacher is classified as a probationary teacher. Following three consecutive years of demonstrated effectiveness and continuous employment, the teacher may be classified as nonprobationary. Currently, if a teacher with nonprobationary status in one district is hired by another district, the hiring district is required to maintain the classification. This bill allows a teacher to waive this requirement so that a new school district may hire him or her under a probationary classification.

The following persons testified:

04:14 PM -- Julie Whitacre, representing Colorado Education Association, testified in opposition to the bill. Ms. Whitacre explained her interpretation of the bill, stating that it does not benefit teachers. She responded to several questions from the committee members concerning whether or not, under current law, a district must accept a newly hired teacher's nonprobationary status. Ms. Whitacre stated that the bill gives more flexibility to school districts rather than to teachers.

04:27 PM

Julie Pelegrin, Office of Legislative Legal Services, came to the table to make clarifications about the bill's language. The committee discussed the bill.

04:33 PM -- Cheryl Serrano, superintendent of Fountain Fort Carson School District, and representative of the Colorado Association of School Executives (CASE), testified in support of the bill. Ms. Serrano described the hiring situation in her school district, stating that they do not offer three year contacts to teachers and discussed the bill's importance in clarifying the hiring process and requirements for teachers.

04:38 PM

The committee continued to discuss the bill and whether it was needed at this time.


BILL:	HB13-1073
TIME:	04:48:43 PM
MOVED:	Landgraf
MOTION:	Refer House Bill 13-1073 to the Committee on Appropriations. The motion failed on a vote of 6-7.
SECONDED:	Priola
		VOTE
	Buckner	No
	Court	No
	Everett	Yes
	Fields	No
	Holbert	Yes
	Landgraf	Yes
	Murray	Yes
	Pettersen	No
	Priola	Yes
	Wilson	Yes
	Young	No
	Peniston	No
	Hamner	No

YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB13-1073
TIME:	04:57:12 PM
MOVED:	Peniston
MOTION:	Postpone House Bill 13-1073 indefinitely. The motion passed on a vote of 7-6.
SECONDED:	Fields
		VOTE
	Buckner	Yes
	Court	Yes
	Everett	No
	Fields	Yes
	Holbert	No
	Landgraf	No
	Murray	No
	Pettersen	Yes
	Priola	No
	Wilson	No
	Young	Yes
	Peniston	Yes
	Hamner	Yes

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:58 PM -- House Bill 13-1056

Representative Wilson came to the table to present House Bill 13-1056, concerning advanced placement courses. The bill creates the Advanced Placement Incentives Pilot Program in the Colorado Department of Education (CDE) to provide supplemental funding to rural schools that offer advanced placement (AP) courses, especially among low income student populations. No later than December 1, 2013, the CDE must prepare guidelines for the program and begin distribution of supplemental funding. The program is repealed July 1, 2017.

Only districts identified as rural by the CDE and enrolling fewer than 3,000 students may participate, and total participation is capped at 10,000 students. To participate, a rural district must:

require that all grade ten students take the Preliminary SAT/National Merit Scholarship Qualifying Test (PSAT);

have an existing program offering at least three AP courses, including one each in science, mathematics, and English; and

designate an on-site mentor to support students enrolled in online AP courses, if offered.

Participating schools receive $500 for each student completing an AP course with a passing grade and an additional $500 for each student who passes the AP exam. Schools must use the supplemental funding to improve the quality of and access to AP courses. Funding must also be used to pay the national AP exam fee for students participating in the National School Lunch Program (NSLP).

If a school receives the additional award they must use a portion to pay incentives to teachers and online mentors. Teachers and mentors receive $50 for each of their students who pass the exam plus $50 if that student participates in the NSLP. Total annual bonuses are capped at $2,000 per teacher/mentor per year.

Representative Wilson stated that the bill helps to address the Colorado paradox. He stated that the cost of the bill amounts to one percent of the State Education Fund balance over four years. He stated that rural districts do not have the opportunity to have advanced placement teachers. He provided two handouts to the committee members (Attachments H and I).

13HseEd0128AttachH.pdf

13HseEd0128AttachI.pdf

There were no witnesses signed up to testify on this bill.

05:07 PM

The committee discussed the bill, and expressed concern about where the money would come from to fund the program. Amendment L.003 (Attachment J) was distributed to the members of the committee. Representative Wilson explained the amendment.

13HseEd0128AttachJ.pdf


BILL:	HB13-1056
TIME:	05:16:15 PM
MOVED:	Wilson
MOTION:	Adopt amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:	Court
		VOTE
	Buckner
	Court
	Everett
	Fields
	Holbert
	Landgraf
	Murray
	Pettersen
	Priola
	Wilson
	Young
	Peniston
	Hamner

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB13-1056
TIME:	05:19:04 PM
MOVED:	Wilson
MOTION:	Refer House Bill 13-1056, as amended, to the Committee on Appropriations. The motion passed on a vote of 11-2.
SECONDED:	Court
		VOTE
	Buckner	Yes
	Court	Yes
	Everett	No
	Fields	No
	Holbert	Yes
	Landgraf	Yes
	Murray	Yes
	Pettersen	Yes
	Priola	Yes
	Wilson	Yes
	Young	Yes
	Peniston	Yes
	Hamner	Yes

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

05:24 PM

The committee adjourned.