Date: 02/09/2015

Final
BILL SUMMARY for HB15-1199

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Adopt amendment L.001 (Attachment L). The motion p
Adopt amendment L.002 (Attachment M). The motion p
Adopt amendment L.003 (Attachment N). The motion p
Postpone House Bill 15-1199 indefinitely. The moti
Refer House Bill 15-1199, as amended, to the Commi		Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS
FAIL



08:44 PM -- HB15-1199

Representative Everett, sponsor, presented House Bill 15-1199, which creates the Student and Teacher Data Privacy Act. The bill enacts new restrictions on data collection, processing, and storage from kindergarten through twelfth grade. Representative Everett discussed the need to protect data and the need to allow parents more control over their children's data, and more control for teachers over their own data.


08:49 PM

The following people testified on the bill:

08:51 PM -- Jillian Moster, representing herself, spoke in support of the bill. She discussed the need to protect children from the collection of data. She discussed the legitimacy of the data collected by CDE. She talked about the dangers to children. She discussed a recent meeting with CDE, the Attorney General's office, and parents.

08:55 PM -- Cheri Kiesecker, representing herself, spoke in support of the bill. She spoke about schools and districts not fully aware of the data collected, and described how schools sometimes negotiate their own information technology contracts and do not fully provide for children's privacy. She described her experiences with CDE and violations of COPPA and FERPA. Ms. Kiesecker responded to questions from the committee.

09:02 PM -- Lisa Escarcega, representing CASE, spoke in opposition to the bill. She stated that CASE members support attempts to minimize the risks surrounding data collection. She argued that the data collected by the state and districts is required to improve programs for at-risk students and minority populations.

09:05 PM -- Callan Clark, representing Consortium of Directors of Special Education, spoke in opposition to the bill. She recognized the need to protect student privacy, but stated that the bill at hand has unintended consequences for students with disabilities. She discussed her concerns with the specificity of the bill's language and its impact on the needs of students with disabilities. She discussed the need to ask children about access to guns as part of risk and threat assessments.


09:09 PM

The preceding two witnesses responded to questions from the committee.

09:15 PM -- Eliza Schultz, representing CDPHE, spoke in opposition to the bill. She reiterated her agency's concerns about the need to collect public health data in anonymous surveys to ensure the agency's efforts are working. Ms. Schultz responded to questions from the committee.

09:22 PM -- Anita Stapleton, representing herself, spoke about the bill. She spoke in favor of protecting the privacy of students, parents, and teachers. She spoke about the responsibilities of states under FERPA. She spoke about a packet she distributed to the committee (Attachment K). She spoke about FERPA and described federal overreach.

15HouseEd0209AttachK.pdf15HouseEd0209AttachK.pdf

09:28 PM -- Deanna Miller, representing herself, spoke in support of the bill. She discussed the agreements teachers are required to sign as proctors of PARCC and CMAS assessments.

09:32 PM -- Jess Loban, representing himself, spoke in support of the bill. He spoke about the bill's provisions and how he feels it is a common-sense approach. He discussed the punitive aspects of the bill.

09:35 PM -- Donna Jack, representing herself, spoke about the bill.


09:39 PM

Representative Everett offered closing comments to the bill. He discussed the concerns of parents and teachers. Representative Everett responded to questions from the committee.


09:46 PM
BILL:HB15-1199
TIME: 09:48:47 PM
MOVED:Everett
MOTION:Adopt amendment L.001 (Attachment L). The motion passed without objection.

15HouseEd0209AttachL.pdf15HouseEd0209AttachL.pdf
SECONDED:Priola
VOTE
Everett
Fields
Garnett
Lee
Lundeen
Moreno
Priola
Wilson
Windholz
Pettersen
Buckner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


09:50 PM

Representative Everett introduced L.002 (Attachment M), which exempts the Office of the State Auditor from the bill.

15HouseEd0209AttachM.pdf15HouseEd0209AttachM.pdf
BILL:HB15-1199
TIME: 09:50:45 PM
MOVED:Everett
MOTION:Adopt amendment L.002 (Attachment M). The motion passed without objection.
SECONDED:Wilson
VOTE
Everett
Fields
Garnett
Lee
Lundeen
Moreno
Priola
Wilson
Windholz
Pettersen
Buckner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


09:51 PM

Representative Everett introduced amendment L.003 (Attachment N), which clarifies the parental consent provisions of the bill.

15HouseEd0209AttachN.pdf15HouseEd0209AttachN.pdf
BILL:HB15-1199
TIME: 09:52:32 PM
MOVED:Everett
MOTION:Adopt amendment L.003 (Attachment N). The motion passed without objection.
SECONDED:Lundeen
VOTE
Everett
Fields
Garnett
Lee
Lundeen
Moreno
Priola
Wilson
Windholz
Pettersen
Buckner
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


09:53 PM
BILL:HB15-1199
TIME: 09:53:20 PM
MOVED:Everett
MOTION:Refer House Bill 15-1199, as amended, to the Committee on Appropriations. The motion failed on a vote of 5-6.
SECONDED:Priola
VOTE
Everett
Yes
Fields
No
Garnett
No
Lee
No
Lundeen
Yes
Moreno
No
Priola
Yes
Wilson
Yes
Windholz
Yes
Pettersen
No
Buckner
No
YES: 5 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: FAIL


09:54 PM
BILL:HB15-1199
TIME: 09:54:35 PM
MOVED:Moreno
MOTION:Postpone House Bill 15-1199 indefinitely. The motion passed on a vote of 6-5.
SECONDED:Fields
VOTE
Everett
No
Fields
Yes
Garnett
Yes
Lee
Yes
Lundeen
No
Moreno
Yes
Priola
No
Wilson
No
Windholz
No
Pettersen
Yes
Buckner
Yes
Final YES: 6 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS



09:55 PM

Representative Buckner addressed the committee about efficiency in committee work.


09:56 PM

The committee adjourned.