Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON JUDICIARY

Date:04/13/2015
ATTENDANCE
Time:01:30 PM to 04:50 PM
Cooke
X
Guzman
X
Place:SCR 356
Merrifield
*
Lundberg
X
This Meeting was called to order by
Roberts
X
Senator Roberts
This Report was prepared by
Conrad Imel
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB15-213
SB15-214		Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations


01:30 PM

Senator Roberts, chair, called the committee to order.


01:31 PM

The committee recessed.


01:32 PM -- SB15-213

Senator Roberts called the committee back to order. President Cadman and Senator Scheffel, co-prime sponsors, presented Senate Bill 15-213, concerning the limited waiver of governmental immunity for claims involving public schools for injuries resulting from incidents of school violence. President Cadman stated his reasons for sponsoring the bill, and discussed the bill's provisions. Senator Scheffel discussed his reasons for sponsoring the bill and asked for the committee's support.

01:40 PM -- Ms. Sonja McKenzie, representing the Cherry Creek School District, testified in opposition to the bill. Ms. McKenzie discussed security measures in Cherry Creek schools. Ms. McKenzie discussed the steps schools were taking to ensure safety. She stated that she was concerned by the bill because there is no definition of a duty of reasonable care stated in the bill, the bill would remove discretion from school administrators in areas relating to discipline and increase suspension and expulsion rates, and the term "crime of violence" used in the bill is vague.










01:44 PM -- Ms. Jessica Johnson, representing the Colorado League of Charter Schools, testified in opposition to the bill. Ms. Johnson discussed charter schools' concern with safety. Ms. Johnson discussed challenges faced by charter schools relating to security, increased insurance costs under the bill, other costs association with the bill, and potential changes in staffing. In response to committee questions, Ms. Johnson discussed charter schools' health and counseling staffs and how schools determine how to assist and support students.

01:51 PM -- Mr. Mark Hillman, representing the Colorado Civil Justice League, testified in opposition to the bill. Mr. Hillman stated that the bill would result in unnecessary litigation. Mr. Hillman discussed financial issues that may arise if the bill is passed. Mr. Hillman stated that his objections to the bill were that the affirmative duty to protect is too great a duty and that negligence was not an appropriate standard. He then discussed the reasonableness standard as it relates to negligence.

01:57 PM -- Ms. Jan Tanner, representing the Colorado Springs District 11 Board of Education and the Colorado Association of School Boards, testified in opposition to the bill. She stated that the standard of liability in the bill was too low and the resulting liability would make providing services too expensive. Ms. Tanner discussed the challenges of defending against claims that a school acted negligently, and requested the bill be amended to impose a "willful and wonton" standard of liability. She further discussed the costs associated with the bill, and stated that districts may not take proactive steps to help students for fear of liability.

02:01 PM -- Ms. Nora Brown, representing the Colorado Springs District 11 Board of Education, testified in opposition to the bill. Ms. Brown stated that she thinks that institutions of higher education and other governmental facilities should be included under the bill. Ms. Brown discussed the costs associated with the provisions of the bill. Ms. Brown discussed an instance of violence at a school. She also offered questions about funding and standards that may arise as a consequence of the requirements in SB 15-213. Ms. Brown further discussed costs, and offered alternatives to the bill.

In response to a question from the committee, President Cadman and Senator Scheffel discussed liability under different circumstances. Senator Merrifield thanked the witnesses.

02:09 PM -- Mr. David Olson, representing the Colorado School District Self-Insurance Pool, testified in opposition to the bill. Mr. Olson discussed the Colorado Governmental Immunity Act and exemptions thereto. He also mentioned that there would be unintended consequences of the bill and discussed prior testimony, including commenting on the negligence standard. He discussed insurance-related concerns, including how Colorado schools are insured. In response to a question, Mr. Olson discussed governmental liability and insurance costs.

02:21 PM -- Ms. Amie Baca-Oehlert, representing the Colorado Education Association, testified in opposition to the bill. Ms. Baca-Oehlert discussed safety in schools and the negligence standard included in the bill. She discussed a school violence commission report, including a section of the report discussing mental health, and how a change from the "willful and wanton" standard of liability to a negligence standard would affect mental health treatment.

02:27 PM -- Ms. Lori Goldstein, representing the Colorado Education Association, testified in opposition to the bill. Ms. Goldstein discussed the standard of liability in the bill, student behavior and punishments, and the steps that can be taken to stop school violence.










02:30 PM -- Ms. Paula Reed, representing the Colorado Education Association, testified in opposition to the bill. Ms. Reed discussed her experience related to a violent event at Columbine High School, including lawsuits filed against other teachers following that event. She also discussed changes made by teachers following those lawsuits in an effort to avoid liability in future lawsuits, and stated that those changes included ceasing creative school assignments that may serve as a vehicle to help troubled students.

In response to committee questions, Ms. Reed discussed the effect of liability lawsuits on teachers and school administrators.

02:40 PM -- Ms. Callan Clark, representing the Consortium of Special Education Directors, testified in opposition to the bill. Ms. Clark stated that there was no clear way to know whether an act of violence could have been prevented. Ms. Clark discussed the difficulties in identifying potential violent actors, whether the bill may lead to unlawful discrimination against students with disabilities, and the potential increase in suspension and expulsion of students.

02:44 PM -- Ms. Kim Tenure, representing the The Arc of Colorado, read the testimony of Carol Meredith in opposition to the bill.

02:46 PM -- Mr. Bruce Caughey, representing the Colorado Association of School Executives, testified in opposition to the bill. Mr. Caughey discussed concerns regarding the negligence standard in the bill and school district resource allocation. He then discussed alternatives to the bill, including a committee to study the bill's provisions.

02:50 PM -- Mr. Michael Roche, representing himself and the Davis family, testified in support of the bill. Mr. Roche stated that the bill brings the law into line with parents' expectations of school district liability; increased litigation that may result under the bill's provisions; and liability standards in other states, including court cases relating thereto. Mr. Roche stated that the negligence standard in the bill applies in other areas, that a definition of the standard is available, and that private schools protect children without the immunity that public schools currently do. He also discussed school safety, generally, including an FBI report that claims schools do not prioritize school safety.


02:59 PM

In response to a question, Mr. Roche discussed costs associated with the bill, and stated that there were no costs required by SB 15-213. Senator Merrifield and Mr. Roche discussed costs and teachers' fear of liability. Mr. Roche responded to a question regarding the FBI study he briefly explained in his testimony.

03:05 PM -- Mr. Michael Davis, representing himself, testified in support of the bill. Mr. Davis discussed his family's experience with a violent event at Arapahoe High School in 2013 that resulted in the death of his daughter, including investigations into the incident and the actions of the attacker prior to the event. Mr. Davis stated that the only information available about the event was presented in law enforcement reports of the criminal investigation into the event, which only included information the school was required to provide for the criminal investigation. Mr. Davis stated that reasonable care is the standard for schools in other certain circumstances, but not in other school safety issues, and that SB 15-213 would hold schools to the same duty of care concerning school shootings as they are held to when performing other tasks. He further stated that schools should be required to disclose certain information following acts of violence.









03:15 PM -- Ms. Desiree Davis, representing herself, testified in support of the bill. Ms. Davis discussed her family's experience with violent crime at Arapahoe High School that resulted in the death of her daughter, Claire. She also discussed the circumstances prior to the event, and the difficulty in getting information from the school after the event.

03:19 PM -- Ms. Jayla Hodge, representing herself as a student at Arapahoe High School, testified in support of the bill. Ms. Hodge discussed the violent event at Arapahoe High School. She stated that the students at the school have had difficulty learning information about the event and that she believes the disclosure of information surrounding acts of violence in schools will help victims and family members move forward. Ms. Hodge also discussed school safety, generally. She stated that the bill will help maintain trust in school districts and prevent future acts of violence.

03:22 PM -- Ms. Maria Haas, representing herself as a former student at Arapahoe High School, testified in support of the bill. Ms. Haas discussed her experience at Arapahoe High School. Ms. Haas discussed her and other students' reactions following the violent event discussed in prior testimony. She stated that SB 15-213 would improve school safety, and that lessons learned from other violent events in schools helped at Arapahoe High.

03:25 PM -- Mr. Phil Bender, representing himself, testified in support of the bill. Mr. Bender discussed his relationship with the Davis family. He also discussed school safety, generally. He stated that the bill would help protect school personnel from violence, raise awareness, and ensure bad outcomes do not occur in the future.

03:29 PM -- Ms. Jenny Trask, representing herself, testified in support of the bill. Ms. Trask discussed concerns over retribution in school for people that spoke out against Arapahoe High School. She stated that the current standard of liability, willful and wonton conduct, is difficult to prove, and that other professions are held to the higher standard of reasonable care. Ms. Trask discussed the reactions of students and teachers following the violent event at Arapahoe High School, the ability of getting information from schools following such events, and how that information will help prevent future incidents of violence.

03:35 PM -- Ms. Sarah Daniels, representing herself, testified in support of the bill. Ms. Daniels discussed her experience, as a parent, relating to the event at Arapahoe High School. Ms. Daniels stated that it was possible to keep children safe at school and that information and knowledge would lead to prevention of violent acts.

03:40 PM -- Mr. John Ott, representing himself, testified in support of the bill. Mr. Ott explained that his children either attended, or would attend, Arapahoe High School. Mr. Ott discussed potential violent acts unrelated to the violent event discussed by prior witnesses, and the effort the family took to report threatening conduct.


















03:44 PM

Senator Scheffel distributed amendment L.001 (Attachment A), amendment L.004 (Attachment B), amendment L.005 (Attachment C), amendment L.007 (Attachment D), and amendment L.008 (Attachment E). Senator Scheffel explained amendment L.001.

15SenateJud0413AttachA.pdf15SenateJud0413AttachA.pdf 15SenateJud0413AttachB.pdf15SenateJud0413AttachB.pdf

15SenateJud0413AttachC.pdf15SenateJud0413AttachC.pdf 15SenateJud0413AttachD.pdf15SenateJud0413AttachD.pdf

15SenateJud0413AttachE.pdf15SenateJud0413AttachE.pdf
BILL:SB15-213
TIME: 03:46:01 PM
MOVED:Lundberg
MOTION:Adopt amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.004.
















BILL:SB15-213
TIME: 03:46:23 PM
MOVED:Lundberg
MOTION:Adopt amendment L.004 (Attachment B). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.005.
BILL:SB15-213
TIME: 03:47:09 PM
MOVED:Lundberg
MOTION:Adopt amendment L.005 (Attachment C). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.007.


















BILL:SB15-213
TIME: 03:48:52 PM
MOVED:Lundberg
MOTION:Adopt amendment L.007 (Attachment D). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.008.
BILL:SB15-213
TIME: 03:49:57 PM
MOVED:Lundberg
MOTION:Adopt amendment L.008 (Attachment E). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


03:50 PM

President Cadman and Senator Scheffel each provided closing remarks on the bill and asked for the committee's support.


03:58 PM

Committee members discussed their positions on the bill.









04:08 PM

The committee continued to discuss the bill.
BILL:SB15-213
TIME: 04:11:08 PM
MOVED:Lundberg
MOTION:Refer Senate Bill 15-213, as amended, to the Committee of the Whole. The motion passed on a vote of 4-1.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
No
Lundberg
Yes
Roberts
Yes
Final YES: 4 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:12 PM -- SB15-214

President Cadman and Senator Scheffel, co-prime sponsors, presented Senate Bill 15-214, concerning creating a legislative committee on safety in schools, and, in connection therewith, addressing youth mental health issues. Senator Scheffel explained the bill. President Cadman discussed the bill in connection with Senate Bill 15-213, heard previously in the committee meeting.

04:16 PM -- Mr. Michael Davis, representing himself, testified in support of the bill. Mr. Davis referenced his testimony on SB 15-213, provided earlier in the committee meeting. Mr. Davis discussed his reasons for entering into an arbitration agreement with Arapahoe High School, including studying school violence and assisting the committee established by SB 15-214.

04:18 PM -- Ms. Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill. Ms. Urschel stated that CASB is concerned about school safety, and that the bill will help provide information to prevent school violence.

04:21 PM -- Ms. Lynn Johnson, representing the Jefferson County Department of Human Services, testified in support of the bill. Ms. Johnson stated that the bill created a good group to study school violence.














04:23 PM -- Ms. Julie Bolding, representing the Colorado Society of School Psychologists (CSSP), testified in support of the bill. Ms. Bolding stated that she supported the bill, but would like the CSSP to be represented on the committee created by the bill. Ms. Bolding discussed the CSSP and curriculum used to train school psychologists. She continued to discuss the work of the CSSP.

Information about the CSSP was distributed to the committee (Attachment F).

15SenateJud0413AttachF.pdf15SenateJud0413AttachF.pdf

04:28 PM -- Ms. Kim Tenure, representing The Arc of Colorado, testified in support of the bill. Ms. Tenure stated that she supported the bill, but would like the bill to be amended to include a parent of a school-aged child with an intellectual or mental disability, or teachers with such experience, on the committee.

04:30 PM -- Ms. Moe Keller, representing Mental Health America of Colorado, testified in support of the bill. Ms. Keller stated that generally people respond to mental health crises without putting forth the effort for prevention. Ms. Keller stated support for an amendment to amend the title to cover youth in crisis, so as to cover youth without diagnosable mental illness. Ms. Keller also suggested amendments relating to the composition of the committee created by the bill.

04:36 PM -- Mr. Brian Tanner, representing the Colorado Educational Association, testified in support of the bill. Mr. Tanner stated support for the bill, but that the committee created by the bill should include a licensed educator.


04:38 PM

Senator Scheffel distributed amendment L.004 (Attachment G), amendment L.005 (Attachment H), amendment L.007 (Attachment I), and amendment L.008 (Attachment J). Senator Scheffel explained amendment L.004.

15SenateJud0413AttachG.pdf15SenateJud0413AttachG.pdf 15SenateJud0413AttachH.pdf15SenateJud0413AttachH.pdf

15SenateJud0413AttachI.pdf15SenateJud0413AttachI.pdf 15SenateJud0413AttachJ.pdf15SenateJud0413AttachJ.pdf













BILL:SB15-214
TIME: 04:40:27 PM
MOVED:Lundberg
MOTION:Adopt amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.005.
BILL:SB15-214
TIME: 04:41:47 PM
MOVED:Lundberg
MOTION:Adopt amendment L.005 (Attachment H). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.007. Senator Guzman commented on the amendment.

















BILL:SB15-214
TIME: 04:43:24 PM
MOVED:Guzman
MOTION:Adopt amendment L.007 (Attachment I). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

Senator Scheffel explained amendment L.008.
BILL:SB15-214
TIME: 04:44:47 PM
MOVED:Lundberg
MOTION:Adopt amendment L.008 (Attachment J). The motion passed without objection.
SECONDED:
VOTE
Cooke
Guzman
Merrifield
Lundberg
Roberts
YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection




















04:45 PM

Senator Scheffel provided closing remarks on the bill and asked for the committee's support. The committee discussed the bill.
BILL:SB15-214
TIME: 04:50:11 PM
MOVED:Lundberg
MOTION:Refer Senate Bill 15-214, as amended, to the Committee on Appropriations. The motion passed on a vote of 5-0.
SECONDED:
VOTE
Cooke
Yes
Guzman
Yes
Merrifield
Yes
Lundberg
Yes
Roberts
Yes
Final YES: 5 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


04:50 PM

The committee adjourned.