Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:02/04/2013
ATTENDANCE
Time:01:30 PM to 05:05 PM
Buckner
X
Court
*
Place:HCR 0112
Everett
X
Fields
*
This Meeting was called to order by
Holbert
X
Representative Hamner
Landgraf
X
Murray
*
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:
Office of the State Auditor Presentation
HB13-1047
HB13-1095
HB13-1089
HB13-1021		Witness Testimony and/or Committee Discussion Only
Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Postponed Indefinitely
Amended, Referred to Appropriations


01:31 PM -- Office of the State Auditor Presentation

Representative Hamner, Chair, called the meeting to order and welcomed the committee members and the audience.

Kerri Hunter, Deputy State Auditor, Office of the State Auditor (OSA), and Jeffrey Kahn, Audit Manager, OSA, came to the table to provide an update on the unimplemented audit recommendations for the Colorado Department of Education (CDE) and the Colorado Department of Higher Education (DHE). The Annual Report of Audit Recommendations Not Fully Implemented was distributed to the members of the committee (Attachment A). Ms. Hunter provided background on the OSA and discussed the purpose of the report. Ms. Hunter directed the committee to several report findings and discussed the importance of the recommendations. Mr. Kahn discussed the financial audit recommendations for the departments.

13HseEd0204AttachmentA.pdf13HseEd0204AttachmentA.pdf












Representative Young asked about recommendations that stay on the agenda for more than one year. Ms. Hunter responded, stating that OSA follows up with financial audit recommendations every year and that the departments have the opportunity to provide a plan and an implementation date for how and when they will address the recommendations. She added that departments take material weaknesses, as identified by the OSA, very seriously. Representative Young asked who prevails when there is a disagreement between the OSA findings and the department. Ms. Hunter described the process for determining compliance and resolving disagreements, stating that the process includes several steps.


01:45 PM -- House Bill 13-1047

Representative Schafer came to the table to present House Bill 13-1047, concerning student participation in extracurricular activities. Under current law, if a K-12 student wishes to participate in an extracurricular activity not offered at his or her school of attendance, the student is permitted to participate at a different school in the district, or at a school in a neighboring district. House Bill 13-1047 clarifies that if a student chooses to participate in an activity at a public school other than his or her school of attendance, the school district shall choose the school at which the student may participate. The district must select a school that offers the greatest number of activities desired by the student. The bill further clarifies that a student may participate in extracurricular activities at more than one school only if the original school of participation doesn't offer the activity; this limitation applies regardless of whether the student participates in activities at a public or non-public school.

Representative Schafer referred to Amendment L.004 (Attachment B) to the bill, which she stated provides clarification on the purpose of the bill. She stated that the intent of the bill is to level the playing field across schools and school districts and to provide opportunities for participation for all students.

13HseEd0204AttachB.pdf13HseEd0204AttachB.pdf

The following persons testified:

01:53 PM -- Todd Morse, representing Academy District 20 and the Pikes Peak Alliance, testified on the bill. He did not state if he is in support or opposition to the bill. He stated that he appreciates the efforts to clarify existing law around this topic. He said that the goal of Academy District 20 and the Alliance is to maximize participation opportunities for students.

01:56 PM -- Paul Angelico, representing the Colorado High School Activities Association (CHSAA), testified in support of the bill. He explained that he is interested in the bill because he is aware of inconsistencies in the way school districts apply current law in assigning students to schools for extracurricular activities. He stated that CHSAA represents 341 schools and over 170,000 students, and that the goal of the organization is to provide as many opportunities to students for participation in extracurricular activities as possible. He stated that safe and fair competition is the goal, and that the fair component is becoming harder and harder to accomplish each year under the language of existing law. He added that the bill's clarifying language is needed to protect coaches from the public perception and accusation that recruiting is taking place.










01:59 PM -- Treon Goossen, Legislative Liaison, Home Educators of Colorado, testified in support of the bill. She discussed the steps taken by stakeholder groups to reach consensus on the bill and the amendment.

02:04 PM -- Larry Bull, representing Cherry Creek School District, testified in support of the bill. He stated that there is a need for this bill and that the goal of his district is to increase student participation in extracurricular activities. He added that the schools in his district offer nearly all of the same opportunities as one another.

Representative Schafer discussed Amendment L.004 (Attachment B).
BILL:HB13-1047
TIME: 02:08:13 PM
MOVED:Buckner
MOTION:Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:Court
VOTE
Buckner
Court
Everett
Fields
Holbert
Landgraf
Murray
Excused
Pettersen
Priola
Wilson
Young
Peniston
Hamner
YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



















BILL:HB13-1047
TIME: 02:12:40 PM
MOVED:Court
MOTION:Refer House Bill 13-1047, as amended, to the Committee of the Whole. The motion passed on a vote of 10-2, with one member excused.
SECONDED:Fields
VOTE
Buckner
Yes
Court
Yes
Everett
No
Fields
Yes
Holbert
No
Landgraf
Yes
Murray
Yes
Pettersen
Yes
Priola
Excused
Wilson
Yes
Young
Yes
Peniston
Yes
Hamner
Yes
Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS


02:16 PM -- House Bill 13-1095

Representative Stephens came to the table to present House Bill 13-1095, concerning home-schooled student participation in extracurricular activities. Under current law, if a K-12 student enrolled in a nonpublic home-based school wishes to participate in an extracurricular or interscholastic activity not available at his or her nonpublic home-based school, the student may participate at a different school in the district of residence, or at a school in a neighboring district. This bill prohibits school districts from requiring that a home-schooled student enroll in or complete course credits as a condition or prerequisite to participating in extracurricular activities, unless the activity is an extension of a course. The bill clarifies that the statute that governs any student's ability to enroll in a program or school other than the student's neighborhood school (open enrollment), does not apply to home-schooled student participation in extracurricular activities at a public school.

















Representative Stephens discussed Amendment L.001 (Attachment C) to the bill and explained that school districts will make the selection of the school in which the home-schooled student will participate.

13HseEd0204AttachC.pdf13HseEd0204AttachC.pdf

The following persons testified:

02:24 PM -- Paul Angelico, representing CHSAA, testified in support of the bill. He discussed the bumping that can occur in competitive sports, but noted that there is rarely a time when a student will be bumped completely out of an activity. He stated that CHSAA's goal is to allow student access to activities and to not cheat students out of opportunities to participate. He added that the bill provides the same rights to home-schooled students as to the school's own students.

02:29 PM -- Treon Goossen, Legislative Liaison, Home Educators of Colorado, testified in support of the bill. She discussed the need to clarify in current law that home-schooled students are not required to take classes at the public school in order to participate in the school's extracurricular activities.

02:31 PM -- Todd Morse, representing Academy District 20 and the Pikes Peak Alliance, testified in support of the bill.

02:32 PM -- Michael Burdick, representing the Colorado Youth Advisory Council (COYAC), testified in support of the bill. He stated that COYAC supports the bill because home-schooled students are citizens just like everyone else and their families pay taxes that support local school districts. He stated that the bill ensures that home-schooled students and their parents have the same opportunities to participate as those students attending public schools. He added that the bill is about equal opportunity.


























BILL:HB13-1095
TIME: 02:36:50 PM
MOVED:Young
MOTION:Adopt amendment L.001 (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:HB13-1095
TIME: 02:37:27 PM
MOVED:Murray
MOTION:Refer House Bill 13-1095, as amended, to the Committee of the Whole. The motion passed on a vote of 13-0.
SECONDED:Court
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


02:38 PM -- House Bill 13-1089

Representative Humphrey came to the table to present House Bill 13-1089, concerning academic freedom. This bill creates the K-12 and Higher Education Academic Freedom Acts. The acts urge all education professionals in public K-12 and higher education to create an environment for students that encourages scientific questioning, critical thinking skills, and the ability to respond appropriately and respectfully to differences of opinion on controversial issues in science education. Teachers in K-12 and higher education must not be prohibited from helping students understand, analyze, critique, and objectively review the strengths and weaknesses of scientific theories covered in a given course.

Attachment D was distributed to the members of the committee. Attachment E was submitted electronically to the members of the committee.

13HseEd0204AttachD.pdf13HseEd0204AttachD.pdf 13HseEd0204AttachE.pdf13HseEd0204AttachE.pdf











Representative Humphrey responded to several questions from the committee concerning, consequences for teachers who fail to comply with the bill; the need for the bill; and why the bill's focus is solely on the subject of science.

The following persons testified:

02:57 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in opposition to the bill. She stated that the bill allows the state to dictate the curriculum and how it should be taught in schools. She stated that the context of the bill is not just instructional, it is constitutional. She stated that citizens should go to their school boards with these sorts of issues and that local authorities have broad discretion in selecting their curriculum. She asked the committee to respect the local control that has been granted to school districts.

03:00 PM -- Karen Wick, representing the Colorado Education Association, testified in opposition to the bill. Ms. Wick thanked the bill sponsor for working towards creating a supportive environment for idea exploration in schools. She discussed the intensive process that the state has undertaken to create and adopt the Colorado Academic Content Standards and the amount of work that has gone into aligning those standards with state assessments and evaluation systems. She stated that the bill is seen in part as circumventing those standards and could create confusion about what should be taught in the classroom. Ms. Wick responded to committee questions.

03:08 PM -- Katie Navin, representing the Colorado Alliance for Environmental Education, testified in opposition to the bill. She described the work of her organization and stated that the bill has the potential to muddy the waters in terms of science education. She said that the controversy that exists in science education is how to address scientific theories. She added that the strong aspects of the bill which encourage critical thinking are already present in Colorado's education system and that the bill is not needed. She responded to a question from Representative Holbert.

03:13 PM -- Scott Horak, representing Christian Outdoorsmen, testified in support of the bill. He discussed the scientific process and how theories become law. He discussed evolution and re-copulation theory. He discussed the beginning of life, stating that life begins at conception.

03:20 PM -- Joshua Youngkin, representing the Discovery Institute, located in Seattle, Washington, testified in support of the bill. He provided background on his organization. He addressed several issues that were brought up in the testimony from those opposing the bill. He stated that the bill protects teachers from being sanctioned for coming down on the wrong side of an issue and that the bill will help scientific endeavors. He stated that the bill will create an environment where students can approach their teachers with questions and that it empowers teachers to teach both sides of issues. He provided a handout to the committee (Attachment F) and responded to several committee questions.

13HseEd0204AttachF.pdf13HseEd0204AttachF.pdf














03:34 PM -- Tim Neville, representing himself, testified in support of the bill. Mr. Neville provided an account of his family's personal experience in Colorado's public schools. He stated that the bill will allow Colorado's educators to teach freely and provides protection for teachers. He stated that the purpose of education is to ensure that students have the opportunity to explore all sides of an issue and that the bill will turn the classroom towards genuine discussion and education. Mr. Neville responded to questions from the committee.

03:48 PM -- Troy D. Ard, representing himself and stating that his is a student at Colorado State University Pueblo, testified in support of the bill. He stated that full and open discussion should be allowed in schools and that students' freedoms should be protected. He stated that he believes evolution is a fact and that he is not threatened by other issues that are presented. He stated that students should have the opportunity to explore all sides of an issue. He provided an account of an experience in high school when he saw a student being ridiculed for discussing intelligent design in the classroom. He responded to questions from the committee.
BILL:HB13-1089
TIME: 03:56:18 PM
MOVED:Landgraf
MOTION:Refer House Bill 13-1089 to the Committee on Appropriations. The motion failed on a vote of 6-7.
SECONDED:Everett
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:HB13-1089
TIME: 04:02:53 PM
MOVED:Court
MOTION:Postpone House Bill 13-1089 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


04:04 PM -- House Bill 13-1021

Representative Fields came to the table to present House Bill 13-1021, which modifies the current compulsory school attendance requirements. If a district initiates court proceedings against a student for habitual truancy, the introduced bill requires that the district submit to the court:

If a case to compel attendance is brought by a district, the court may issue an order for the student to comply with the district's truancy plan. If the court sentences a student to detention for failing to comply with attendance laws, the term of detention is limited to five days.

The bill allows students in the juvenile court system to take the GED at age 16, providing the student's case officer believes it is in the student's best interest. School districts serving students in juvenile detention must provide educational services for a sufficient number of hours per day to allow students to comply with state attendance requirements. Further, school districts must ensure that educational services provided to students in detention align with and enable students to meet state academic standards.









Representative Fields stated that habitual truancy is a serious issue in Colorado and that the bill allows the state to establish educational standards for when students are placed into detention. Representative Fields discussed two amendments to the bill, Amendment L.002 (Attachment G) and Amendment L.003 (Attachment H).

13HseEd0204AttachG.pdf13HseEd0204AttachG.pdf 13HseEd0204AttachH.pdf13HseEd0204AttachH.pdf

The following persons testified:

04:12 PM -- Meg Williams, representing the Colorado Division of Criminal Justice, testified on the bill. Ms. Williams stated that there has been an increase in the student population being sent to detention and an increase in truant students being held in detention for violating a court order to attend school. She stated that the stay in detention for students ranges from nine to 45 days. She stated that there is serious risk involved when low-level offenders are in jail with high-level offenders, and that literature shows that low-level offenders often learn how to be a delinquent. She stated that the bill limits the court's jurisdiction to five days per contempt and helps determine what the purpose of detention is for truant students. She stated that many kids are showing up in the court system and are already so far behind their peers academically because they became disengaged with school at a very young age. She stated that it is hard for these students to stay in school when they are so far behind academically. She added that the bill assures that students will receive educational opportunities while they are in detention. Ms. Williams responded to questions from the committee.

04:23 PM -- Regina Huerter, representing the Colorado Commission on Criminal and Juvenile Justice, testified in support of the bill. Ms. Huerter stated that in detention, the amount of time devoted to education ranges from two to six hours per day and the content varies greatly. She provided a handout demonstrating the type of material that is given to students in detention (Attachment I). Ms. Huerter responded to several questions from the committee about the educational and counseling services available to students while in detention, and the effectiveness of placing students in detention for being truant.

13HseEd0204AttachI.pdf13HseEd0204AttachI.pdf

04:41 PM -- Brian Donovan, representing Aurora Public Schools, testified in support of the amendment to the bill. He stated that Cherry Creek and Aurora School districts worked on the language in the amendment to the bill. He stated that he works with students who are in truancy court and knows that it is the juvenile detention facility that provides the educational standards and materials to students. He stated that Amendment L.003 (Attachment H) talks about the alignment of educational services provided in detention facilities with the Colorado model content standards. He stated that some students are in truancy court for years and that a five day limit on the court's jurisdiction does not limit any subsequent five day issuances for further contempts. He stated that with the amendment, his school supports the bill. He responded to a committee question about the effectiveness of detention for truant students.


04:50 PM

The committee took a five minute recess.








04:55 PM

The committee came back to order and Representative Fields, bill sponsor, explained that Amendment L.003 (Attachment H) would not be introduced at this time because of an issue with the amendment's language. She stated that she would work with the amendment supporters to iron out the language and introduce it upon second reading, if the bill moves forward. She explained that Amendment L.002 (Attachment G), which is a strike-below amendment to the bill, would still be moved at this time.
BILL:HB13-1021
TIME: 04:55:10 PM
MOVED:Fields
MOTION:Adopt amendment L.002 (Attachment G). The motion passed without objection.
SECONDED:Young
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:HB13-1021
TIME: 04:58:13 PM
MOVED:Fields
MOTION:Refer House Bill 13-1021, as amended, to the Committee on Appropriations. The motion passed on a vote of 8-5.
SECONDED:Court
VOTE
Buckner
Yes
Court
Yes
Everett
No
Fields
Yes
Holbert
No
Landgraf
No
Murray
No
Pettersen
Yes
Priola
Yes
Wilson
No
Young
Yes
Peniston
Yes
Hamner
Yes
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS


05:05 PM

The committee adjourned.