Date: 02/02/2015

Final
BILL SUMMARY for HB15-1080

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment D). The motion f
Postpone House Bill 15-1080 indefinitely. The moti
Refer House Bill 15-1080 to the Committee on Finan		FAIL
PASS
FAIL



01:34 PM -- HB15-1080

Representative Buckner, Chair, welcomed the committee and audience members. He discussed a three-minute time limit for testimony given the large number of people signed up to testify.


01:36 PM

Representative Joshi, sponsor, introduced House Bill 15-1080, which would change the trigger for the Breakfast After the Bell Program in public schools. Current law requires schools at which 80 percent or more of the students qualify for a free or reduced-price lunch to offer a free Breakfast After the Bell meal to all students. In the coming school year, current law lowers the threshold to 70 percent. The bill would delete from state law the expansion of Breakfast After the Bell to schools with 70 to 79 percent of students qualifying for free or reduced-price lunch. Representative Joshi discussed House Bill 13-1006, which established the program. He thanked the committee. He discussed the Breakfast After the Bell Program as an unfunded mandate, because schools and districts only receive full reimbursement for students who qualify for free or reduced-price lunches but have to provide breakfasts to all students. Representative Joshi responded to questions from the committee.


01:48 PM

Representative Joshi continued to respond to questions from the committee.

The following people testified about the bill:

01:51 PM -- Jhovani Becerra, representing Padres y Jovenes Unidos, spoke in opposition to the bill. He discussed the needs of hungry children, and how hunger affects children in school. He discussed the difference that Breakfast After the Bell makes at North High School. He described the food provided. He discussed the length of the school day. Mr. Becerra responded to questions from the committee.

01:57 PM -- Liz Henry, representing the Collaborative School Committee at Ellis Elementary, spoke in opposition to the bill. She discussed the experiences of students at Ellis, the demographics of the student body, and how the teachers at the school have found that the program benefits the students. She described the way meals are distributed in the classroom, and how students learn and teachers conduct class discussions during breakfast. Ms. Henry responded to questions from the committee. The committee and witness discussed a letter from the principal at Ellis (Attachment A).

15HouseEd0202AttachA.pdf15HouseEd0202AttachA.pdf

02:07 PM -- Sandra Stenmark, representing Kaiser Permanente, spoke in opposition to the bill. She said 72,000 children in Colorado need Breakfast After the Bell to expand so their needs can be met. She discussed the health implications of hunger and how it affects children's bodies. She discussed the stress that hunger places on children, and how hungry children get sick more often and therefore miss more school. She said asthma, obesity, and diabetes disproportionately affect hungry children. She discussed the costs of treating childhood diseases and conditions brought on or exacerbated by hunger. She discussed Kaiser Permanente's food insecurity screenings, and how they connect families to Hunger Free Colorado. Dr. Stenmark responded to questions from the committee.


02:21 PM

The committee discussed the figure 72,000 and whether or not those students would actually lose benefits and whether or not all those students need to be provided with a free breakfast.

02:22 PM -- Rosa Sanchez, representing Padres y Jovenes Unidos, spoke in opposition to the bill. She discussed how her children's school has benefited from Breakfast After the Bell. She described the school's prior Breakfast Before the Bell program in the cafeteria as chaotic. She said children would not eat because they preferred to play and that children who arrived late did not get breakfast. She described the struggles of other families at the school to feed their children, and the challenges facing children who come to school hungry. She discussed the success of serving breakfast in the classroom. Ms. Sanchez responded to questions from the committee.

02:28 PM -- Cody Belzley, Vice-President of Health and Strategic Initiatives for the Colorado Children's Campaign, spoke in opposition to the bill. She spoke about the need for the full implementation of Breakfast After the Bell, the benefits of the program, and the positive response from school administrators and parents. She described teachers' adaptations to having children eat breakfast in the classroom, and successes at Pomona Elementary. She described the need for the program to continue and expand. She discussed the 72,000 figure and told the committee that this is the number of students in schools with more than 70 but less than 80 percent of students eligible for free or reduced-price lunch. Ms. Belzly responded to questions from the committee.


02:37 PM

The committee discussed state and federal funding of the program.

02:38 PM -- Ms. Belzly continued to respond to questions from the committee.

02:39 PM -- Kate Blackford, Child Nutrition Manager for Hunger Free Colorado, spoke in opposition to the bill. She described Hunger Free Colorado's efforts to seek out solutions to hunger in the state. She described the importance of food, and how kids are more likely to actually eat if all students actually eat breakfast together after the school day begins. She described the experiences of Principal Nguyen at Ellis Elementary (Attachment A). She discussed the fact that schools remove the stigma of eating breakfast at school by offering it to all students after the day begins. She described successes at schools throughout Colorado. Ms. Blackford responded to questions from the committee.


02:49 PM

Ms. Blackford continued to respond to questions from the committee.

02:58 PM -- Glen Gustafson, Deputy Superintendent and Chief Financial Officer for Colorado Springs School District 11, spoke in favor of the bill. He described the experiences of his district and the economic challenges of administering the program. He described that schools in the 70 to 80 percent band will lose 25 cents per meal. He described the district's focus on student achievement and its difficulty funding the program. Mr. Gustafson responded to questions from the committee.


03:12 PM

Mr. Gustafson continued to respond to questions from the committee.

03:15 PM -- Rick Hughes, Director of Food and Nutrition Services for Colorado Springs School District 11, spoke in favor of the bill. He described the costs to his district and across the state of having to bridge the gap between the costs for breakfasts for 30 percent of the kids that don't qualify for free or reduced-price lunch but that will still get free breakfasts under the expansion provided for in current law. He described a packet distributed to the committee (Attachment B). He told the committee that only one vendor in the state will now provide milk to schools. Mr. Hughes responded to questions from the committee.

15HouseEd0202AttachB.pdf15HouseEd0202AttachB.pdf

03:29 PM

The committee and the witness discussed the price of milk and the reasons why only one vendor in Colorado will provide milk to schools. Mr. Hughes described the resulting 30 to 40 percent increase in the price of milk, as well as the three dairies in the state and the two that no longer serve the schools. Mr. Hughes continued to respond to questions from the committee.

03:35 PM -- Brett Ridgway, Chief Business Officer for Falcon School District 49, spoke in support of the bill. He described the situation in his district and the problems that arise when school requirements do not match federal guidelines. He described how much school district officials care for the students and how a delay in implementation of current law might allow the legislature to examine forthcoming federal guidelines and write legislation that would match. Mr. Ridgway responded to questions from the committee.


03:45 PM

Mr. Ridgway continued to respond to questions from the committee.


03:49 PM

The committee recessed.


04:02 PM

The committee came back to order.

04:02 PM -- Mona Martinez-Brosh, Director of Nutrition Services, Aurora Public Schools, spoke in support of the bill. She described the importance of feeding all students in need, and told the committee that it's not financially feasible to be able to do so with only federal funding. She talked about the financial needs and budget challenges faced by her school district, and stated that the new additional fruit requirement came with no additional federal funding. She explained that grant funding only covers a portion of the costs of the program and discussed additional costs added to the district's warehouse and custodial services. She said that if a student arrives at school hungry, school officials will feed him or her. She discussed the impact the increase in the price of milk has had on her district. Ms. Martinez-Brosh answered questions from the committee.

04:12 PM -- Shae Martinez, Chief Financial Officer of Mapleton Public Schools, spoke in support of the bill. She told the committee that children who eat well, learn well. She described the effects of breakfast programs on her district. She described the schools' emphasis on academic achievement. She told the committee that Mapleton already provides universal breakfast before the bell, with participation rates at 21 percent, but described the waste of food as children have already eaten at home. Ms. Martinez responded to questions from the committee.

04:20 PM -- Tony Jorstad, Nutrition Services Director for Adams 27J School District, spoke in support of the bill. He clarified the requirements under current law, and the effect the bill would have on schools throughout Colorado. He explained that the costs of universal free breakfasts are not covered by current revenues given current nutrition requirements for whole grains, fruits, and vegetables. He described the recent drought's effects on food prices and the rising price of milk. He told the committee that general fund revenues make up the difference when nutrition services expenditures exceed revenues. He told the committee that the bill does not take breakfast away from anyone receiving it, but takes away the mandated expansion of the program.

04:25 PM -- Erika Edwards, Coordinator of Operations within Food and Nutrition Services of Cherry Creek School District, spoke in support of the bill. She emphasized Cherry Creek Schools' breakfast programs and its desire to make sure all children are well-fed. She described the success of Breakfast Before the Bell and the financial burden on the district if the bill does not pass. She described the cost to the district under current law. She discussed increased prices and more stringent nutrition guidelines that add costs to food service budgets. She explained that her top priority is feeding students what they need, but that finances matter. Ms. Edwards responded to questions from the committee.

04:34 PM -- Lynn Warner, Systems Administrator for Jefferson County Public Schools Nutrition Department, spoke in support of the bill. He described the work of the nutrition department in Jefferson County. He described the costs his district faces to provide breakfast in the classroom after the bell and possibilities including laying off staff and reducing the quality of food, among others. He described the pressure to break even financially. He told the committee that if his department cannot break even, it will have to request funds from the district's general education fund. He asked the committee to delay the expansion written into current law until new federal guidelines are issued. Mr. Warner responded to questions from the committee.

04:45 PM -- Jill Kidd, Director of Nutrition Services for Pueblo City Schools, spoke in support of the bill. She described her experience as a dietitian and her passion for feeding children and filling the hunger gap. She described the Breakfast After the Bell programs in Pueblo in 27 of 33 school buildings. She described her work with school and nutrition groups to help plan and implement successful Breakfast After the Bell programs. She described her concerns about the fiscal implications of such programs. She described how United States Department of Agriculture (USDA) regulations requiring fruit increased the expense for each breakfast by 30 cents and explained that federal reimbursement for breakfasts increased by only 4 cents. She explained that Colorado is down to one dairy provider for schools resulting in a 33 percent increase in milk costs to her district this year. She described the need to reduce the nutritional quality of the menu to meet reimbursement amounts. She told the committee her district eliminated protein from breakfast in order to balance its budget. She described New Mexico's requirements, and how that state provided state funding to meet the gap between expenses and revenues for the school districts. She urged the committee to delay the expansion of the program until new federal guidelines are issued.

04:51 PM -- Joella Carron, representing the Colorado School Nutrition Association (CSNA), spoke in support of the bill. She described CSNA, its members, and their concern for childhood nutrition. She described nutrition requirements and the expenses to districts that are not met by federal and state reimbursements. She described cuts to higher quality food items that would be replaced by more shelf-stable items such as muffins or canned fruits. She urged the committee to consider delaying the expansion as provided in state law. Ms. Carron responded to questions from the committee.

05:01 PM -- Nora Brown, board member from Colorado Springs School District 11 and representing the Colorado Association of School Boards (CASB), spoke in support of the bill. She described the current situation in her school district and her concerns about the financial implications of expanding the Breakfast After the Bell program. She described the places where her district may be forced to cut its budget in order to make up for the shortfall in revenues. She described parents' concerns with childhood obesity and the fact that some children may eat breakfast twice under a Breakfast After the Bell Program. Ms. Brown responded to questions from the committee.

05:08 PM -- Carol Muller, Regional Field Manager for Action for Healthy Kids, spoke about the bill. She told the committee about the resources her organization has provided to assist schools in providing nutrition and increased physical activity. She described their efforts to offer breakfast expansion grants to schools.

05:13 PM -- Dan Witt, Supervisor of Food Service for Pueblo County School District 70, spoke about the bill. He described the situation in his district. He told the committee that Breakfast in the Classroom programs lead to increased participation in class, showing the need for free breakfasts and the number of kids who may not otherwise eat breakfast. He spoke about teachers' support for Breakfast in the Classroom. He spoke about the increased cost to his district based on nutritional requirements. He said his district can break even with breakfast in the classroom at schools at which 55 percent of students qualify for free or reduced-price lunches based on a model where some parents pay for breakfast. He described the packet distributed to the committee (Attachment C). He discussed his research to find entrees kids like, and how kids are able to choose items to reduce waste. Mr. Witt responded to questions from the committee.

05:22 PM -- Brian Axworthy, representing Pueblo County School District 70, spoke about the bill. He described his school district's efforts to provide breakfast in the classroom. He described the packet distributed to the committee (Attachment C). Mr. Axworthy responded to questions from the committee.

15HouseEd0202AttachC.pdf15HouseEd0202AttachC.pdf

05:34 PM

The committee recessed.


05:38 PM

The committee came back to order. Representative Buckner asked the committee for amendments. Representative Joshi described the idea of delaying the program's expansion for two years. He acknowledged the goal of feeding more children, and spoke about school districts' fiscal problems. The committee discussed the amendment.
BILL:HB15-1080
TIME: 05:52:24 PM
MOVED:Joshi
MOTION:Adopt amendment L.001 (Attachment D). The motion failed on a vote of 5-6.

15HouseEd0202AttachD.pdf15HouseEd0202AttachD.pdf
SECONDED:Wilson
VOTE
Everett
Yes
Fields
No
Garnett
No
Joshi
Yes
Lee
No
Lundeen
Yes
Moreno
No
Wilson
Yes
Windholz
Yes
Pettersen
No
Buckner
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


05:53 PM

Representative Wilson asked a question about a conceptual amendment to delay implementation of the expansion by one year. Representative Buckner denied the conceptual amendment. The committee discussed the bill.
BILL:HB15-1080
TIME: 06:07:48 PM
MOVED:Joshi
MOTION:Refer House Bill 15-1080 to the Committee on Finance. The motion failed on a vote of 5-6.
SECONDED:Everett
VOTE
Everett
Yes
Fields
No
Garnett
No
Joshi
Yes
Lee
No
Lundeen
Yes
Moreno
No
Wilson
Yes
Windholz
Yes
Pettersen
No
Buckner
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:HB15-1080
TIME: 06:09:40 PM
MOVED:Moreno
MOTION:Postpone House Bill 15-1080 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Lee
VOTE
Everett
No
Fields
Yes
Garnett
Yes
Joshi
No
Lee
Yes
Lundeen
No
Moreno
Yes
Wilson
No
Windholz
No
Pettersen
Yes
Buckner
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



06:10 PM

The committee adjourned.