Final
Colorado's Crumbling Classrooms
COMMITTEE ON
JOINT EDUCATION
Votes:
Action Taken:
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07:38 AM -- Call to Order.
The meeting was called to order by the co-chairman, Senator Windels.
07:39 AM
Mary Wickersham of the Donnell-Kay Foundation introduced herself and described the investigation undertaken by the Foundation regarding K - 12 capital construction issues. She provided two handouts to the committee, "Colorado's Crumbling Classrooms" and "Why should the state be involved in K - 12 capital funding" (Attachments A and B). She described a statewide survey sent to all school districts asking for information about each building in the school district. In addition, she explained, experts have been sent to seven school districts in the state, one in each congressional district, to do site assessments of the districts.
07:42 AM
Ms. Wickersham provided background on studies conducted across the country quantifying the unmet capital needs of school districts. She related statistics on Colorado's unmet needs. She described efforts in Colorado to change the way K - 12 capital construction is funded in Colorado. She remarked on a 1998 lawsuit filed against the state. Ms. Wickersham noted a state auditor's report showing an unmet K - 12 capital need in Colorado of $4.7 billion.
07:47 AM
Ms. Wickersham continued with her presentation, noting the differences in the amount of per pupil funding available from local revenues, depending upon the wealth of the school district. She related experiences of small, less-affluent school districts, in trying to upkeep their facilities. She also described the experiences of fast-growing school districts. She noted that many districts are at or near their bonding limit. Ms. Wickersham spoke to the issue of bonding limits and the inability of school districts to deal with capital needs through bonds. She said that the current system is not need-based, but is determined by the amount the district thinks the voters will approve; thus, it is difficult for districts to raise enough for capital needs.
07:53 AM
Ms. Wickersham continued, noting the need for the state to become involved in capital funding. She noted the total state moneys available for K - 12 capital needs in the past five years. Ms. Wickersham described what other states have done in respect to dedicating funds to school facilities. She remarked that the state's infrastructure needs include more than just roads and highways. School buildings, she said, should also have high priority.
07:57 AM
Ms. Wickersham responded to a question from Senator Windels regarding a low-interest loan program and its lack of success. Ms. Wickersham noted, in response to a question from Senator Windels, that the assessments of the seven school districts in Colorado should be available the week of April 11. Senator Bacon asked about recommendations for raising the bonding cap. Ms. Wickersham responded, noting that it may not be possible to statutorily raise the bonding cap.
08:01 AM
Steve Kaufman, lead counsel on the
Giardino
lawsuit, introduced himself and his colleague, Kathy Gephardt. He described the obligation of the state to fund the establishment and maintenance of public schools. He noted that the
Giardino
lawsuit settlement provides for full-funding of the amounts, and that the legislature has subsequently put in triggers relative to state revenue. He argued that the state has been in breech of that
Giardino
settlement agreement
for the past couple of years. Senator Windels asked Mr. Kaufman for a recent figure of what the state owes to the lawsuit settlement. He noted that Ms. Gephardt would provide that figure.
08:05 AM
Mr. Kaufman continued his testimony. He noted the constitutional obligation to public schools. He remarked on the trigger mechanism in statute, noting it does not seem to be a meaningful trigger. He noted that the minimum annual amount needed to fund the
Giardino settlement is being considered for the upcoming fiscal year, but does not make up for past shortfalls. He offered alternatives that may be considered in thinking about funding schools' capital needs.
08:08 AM
Ms. Gephardt said that currently $20 million plus lottery proceeds are currently outstanding in the lawsuit settlement. Ms. Gephardt remarked on the need for state standards for capital needs. She commented on the problems faced by school districts and provided specific examples. She remarked on the constitutional obligation of the state to Colorado school children. Ms. Gephardt said that charter schools are a part of the
Giardino
settlement.
08:13 AM
Ms. Gephardt responded to a question from Senator Windels regarding how grants are awarded by the State Board of Education. She noted the ranking system the award the advisory committee uses. Representative Larson asked about bonding and unmet needs. Ms. Gephardt responded noting the differences from district to district. Representative Larson made follow-up comments regarding unmet capital needs. Senator Bacon made comments to the witnesses regarding the Capital Development Committee and unmet needs throughout the state. He also remarked on the constitutional mandate to provide for K - 12 schools.
08:20 AM
Ms. Gephardt commented on Senator Bacon's remarks. Representative Todd made comments to the witnesses regarding the failure of the state to meet K - 12 capital needs. Ms. Gephardt responded to a question from Representative King regarding funds used for distribution of
Giardino
moneys.
08:25 AM
Mr. Kaufman introduced John Giardino, the father of the first-named plaintiff in the Giardino lawsuit. Senator Windels remarked on discussions in the Senate pertaining to funding
Giardino
settlement amounts. Representative Larson made remarks to the witnesses.
08:27 AM
Representative King asked Jim Griffin, representing the Colorado League of Charter Schools,to come to the table to speak to charter school capital needs. Mr. Griffin noted that charter schools are spending operating dollars for capital needs because charter schools have little access to capital moneys. He described the needs of charter schools and the amounts provided by the General Assembly over the past several years. He remarked on the amount of money going to public schools through bond issues versus money going to charter schools. He related statistics about the number of children attending charter schools and the lack of bonding and taxing authority of charter schools.
08:34 AM
Mr. Griffin responded to questions from Representative King regarding appropriations to charter schools. He responded to a question from Senator Windels regarding federal matching funds. Senator Windels made follow-up remarks regarding charter school capital construction. Representative Larson made further remarks in response to Senator Windels' comments.
08:40 AM
Representative King commented on Senator Windels' remarks. He noted the inadequacy of state support to charter schools.
08:44 AM
The committee adjourned.