Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
EDUCATION
Date:
02/01/2005
ATTENDANCE
Time:
10:15 AM
to
01:26 PM
Balmer
X
Benefield
X
Place:
HCR 0107
King
X
Larson
X
This Meeting was called to order by
McKinley
X
Representative
Merrifield
Penry
X
Pommer
X
This Report was prepared by
Rose
X
Cathy Eslinger
Solano
X
Todd
X
White
X
Paccione
X
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1057
HB05-1027
HB05-1134
HB05-1041
HB05-1163
Amended and Referred to the Committee of the Whole
Amended and Referred to the Committee of the Whole
Postponed Indefinitely
Amended and Referred to the Committee of the Whole
Laid Over
10:15 AM -- Call to Order
The meeting was called to order by the chairman, Representative Merrifield.
10:16 AM -- House Bill 05-1057
Representative Frangas reviewed the provisions of House Bill 05-1057, concerning parental notification of postsecondary educational opportunities, which had been considered at the committee's January 27th meeting. Witness testimony was taken at that time. Representative Frangas discussed the fact that the committee had adopted amendment L.005 (Attachment A) at the January 27th meeting. A memorandum from the Legislative Council Staff regarding a fiscal assessment of amendment L.005 was distributed (Attachment B).
10:20 AM
The committee made final comments on the bill as amended.
BILL:
HB05-1057
TIME:
10:20:51 AM
MOVED:
Paccione
MOTION:
Refer House Bill 05-1057 to the Committee of the Whole, as amended. The motion passed on a 12-1 roll call vote.
SECONDED:
McKinley
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES:
12
NO:
1
EXC:
0
ABS:
0
FINAL ACTION:
PASS
10:21 AM -- House Bill 05-1027
Representative Jahn reviewed the provisions of House Bill 05-1027, concerning college preparatory courses in high schools. The committee had adopted amendment L.004, with amendments, at its January 27th meeting (Attachment C.) A memorandum from Legislative Council Staff regarding a fiscal assessment of amendment L.004 was distributed (Attachment D).
BILL:
HB05-1027
TIME:
10:23:32 AM
MOVED:
Paccione
MOTION:
Refer House Bill 05-1027 to the Committee of the Whole, as amended. The motion passed on a 13-0 roll call vote.
SECONDED:
Todd
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES:
13
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
10:24 AM -- House Bill 05-1134
Representative Cadman reviewed the provisions of House Bill 05-1134, concerning payroll withholding from employees of a school district. He discussed the fact that the bill prohibits a school district, without written authorization, from withholding an amount to be paid to a group, association, or organization.
10:27 AM
The following persons testified on the bill:
10:27 AM --
Pam Benigno, representing the Independence Institute, testified on the provisions of the bill and provided two hand-outs (Attachments E and F). She discussed the use of union fees, dues equivalency, and Colorado Springs School District 11's Master Agreement on dues equivalency.
10:33 AM
Representative King asked Ms. Benigno whether fees are used for political purposes and about disclosure of uses. She responded that most school districts do not provide specific information on uses.
10:35 AM --
Larry Law, representing himself as a teacher in Colorado Springs School District 11, testified in favor of the bill. He provided information about his specific situation and the fact that he had revoked his union membership. The revocation must be done annually. He stated that he had missed a deadline for revocation and that the fees were deducted for a year in his case.
10:40 AM
Mr. Law responded to questions about contract negotiations and union activities.
10:41 AM --
Tony Salazar, representing the Colorado Education Association (CEA), testified in opposition to the bill. Mr. Salazar testified that the bill limited the choices that teachers can make, as well as the activities of employees' associations. He also feels that the bill targets teachers.
10:44 AM
Representative Cadman responded to Mr. Salazar's testimony and said that the bill was not intended as a political attack on any group.
10:46 AM
Mr. Salazar responded to additional questions and stated that he feels that decisions or conflicts should be settled at the local school board level. Committee discussion continued on whether a default position should be an opt-in or an opt-out provision in regard to the percentage of teachers who belong to an association. Representative Cadman made additional comments based on the committee discussion.
10:50 AM
Mr. Salazar suggested that contract negotiations can be discussed at the local level and specified some of the services provided by CEA to all teachers in a school district.
BILL:
HB05-1134
TIME:
10:53:46 AM
MOVED:
King
MOTION:
Moved amendment L.001 (Attachment G). The motion failed on a 6-7 roll call vote.
SECONDED:
Balmer
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
Yes
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Yes
Paccione
No
Merrifield
No
Not Final YES:
6
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
10:55 AM
Representative King discussed amendment L.001 (Attachment G) and its provisions providing for specific disclosure of political activities.
10:56 AM
Mr. Salazar returned to the table to respond to additional questions from committee members regarding dues that go to political purposes. He discussed portions of fees that support activities of the National Education Association.
BILL:
HB05-1134
TIME:
11:02:25 AM
MOVED:
King
MOTION:
Refer House Bill 05-1134 to the Committee of the Whole. The motion failed on a 6-7 roll call vote.
SECONDED:
Penry
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
Yes
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Yes
Paccione
No
Merrifield
No
Not Final YES:
6
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
HB05-1134
TIME:
11:03:08 AM
MOVED:
Paccione
MOTION:
Moved to postpone indefinitely House Bill 05-1134. The motion passed on a 7-6 roll call vote.
SECONDED:
Merrifield
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
No
McKinley
Yes
Penry
No
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Final YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
11:04 AM -- House Bill 05-1041
Representative Knoedler reviewed the provisions of House Bill 05-1041, concerning the financial expenditures of a nonprofit entity organized for the benefit of a state institution of higher education. As a graduate of the University of Colorado, he mentioned recent disclosures regarding the University of Colorado Foundation and said that the bill is not meant to be punitive against any institution. He advocated for greater transparency because of the importance of the state's public higher education institutions. The bill subjects records of a nonprofit entity organized for a state institution of higher education to the Open Records Act and requires governing boards to submit reports to the Colorado Commission on Higher Education (CCHE).
11:11 AM
The following persons testified:
11:11 AM --
Michael Byram and George Sissel, representing the University of Colorado Foundation, came to the table together. Mr. Byram stated that the Foundation is committed to transparency. Mr. Byram said that the University of Colorado Foundation Board has instituted a strong policy toward greater transparency. He also provided information on his background and his interest in the University of Colorado. He discussed his passion for attracting more students to higher education when additional financial support can make a difference in whether a student is able to attend college or not. He discussed the importance of private support in higher education. Mr. Byram introduced Mr. Sissel.
11:19 AM --
Mr. Sissel, Chair of the University of Colorado Foundation Board, discussed his background and his interest in higher education. He discussed the history of the foundation. He indicated that the Board had recently adopted a new policy of openness regarding Foundation disclosures. Mr. Sissel discussed the cost of responding to requests for records and that foundations should be able to recover those costs. Mr. Sissel discussed requests made by media companies that could cost in six figures.
11:28 AM
Mr. Sissel responded to questions regarding potential amendments and cost recovery. Representative Paccione discussed the potential impact of case law on the issue. Representative King asked whether a threshold associated with cost recovery would be acceptable. Mr. Sissel said that such a policy had not been discussed.
11:35 AM
Representative Merrifield discussed current law regarding production of documents. Mr. Sissel stated that he was unsure about specific interpretations of actual costs and the costs that could be considered extraordinary. There were additional questions regarding activities covered by the foundation.
11:42 AM
The committee continued its discussion with Mr. Byram and Mr. Sissel concerning the rights of private foundations. Representative Paccione said that she has been working with Representative Knoedler and adjusting her views about the bill. Mr. Paul Smith, also representing the University of Colorado Foundation, and who had signed the witness list, declined to testify in the interest of time.
11:44 AM --
Mark Flink, an attorney who is representing the Boulder Daily Camera and the Rocky Mountain News, testified on the bill. He provided background on recent litigation. Mr. Flink discussed the Open Records Act and provided specific information on the viewpoints represented in the requests made by the media organizations. Mr. Flink advised against cost provisions that impose impediments to openness and to the press acting on behalf of the public.
11:53 AM
The committee discussed potential amendments with Mr. Flink. Representative Penry asked Mr. Flink whether the potential amendments were too encompassing.
11:57 AM --
Ed Otte, representing the Colorado Press Association as its director, testified in support of the bill. He stated that this issue is a public access issue, not a press issue. He distributed copies of a newspaper article (Attachment H).
12:00 PM --
Kathy Redmond, representing the National Coalition Against Violent Athletes, testified in support of the bill. She discussed the potential impact of the bill on her work. She provided background on her attempts to retrieve information and to assist victims of violence.
12:08 PM --
George Walker, representing himself, testified in support of the bill. Mr. Walker discussed a letter to the editor he had written to the Colorado Statesman (Attachment I).
BILL:
HB05-1041
TIME:
12:10:27 PM
MOVED:
Paccione
MOTION:
Moved amendment L.004 (Attachment J). The motion passed without objection.
SECONDED:
Pommer
VOTE
Balmer
Benefield
King
Larson
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES:
0
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
Pass Without Objection
12:10 PM
Representative Knoedler discussed the provisions of amendment L.004 (Attachment J). He said that the amendment addresses concerns regarding foundation documents subject to the Open Records Act and the need to protect the privacy of donors. The amendment provides new definitions of "public records" for an institutionally related foundation.
BILL:
HB05-1041
TIME:
12:16:52 PM
MOVED:
Paccione
MOTION:
Refer House Bill 05-1041 to the Committee of the Whole, as amended. The motion passed on a 13-0 roll call vote.
SECONDED:
Balmer
VOTE
Balmer
Yes
Benefield
Yes
King
Yes
Larson
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES:
13
NO:
0
EXC:
0
ABS:
0
FINAL ACTION:
PASS
12:18 PM
The committee recessed.
12:22 PM -- House Bill 05-1163
The committee came back to order. Representative Pommer reviewed the provisions of House Bill 05-1163, concerning the authority of a school district board of education over a public school located within the geographic boundaries of the school district. The bill grants a school district board the ability to approve or disapprove a charter contract for an institute charter school within the boundaries of the district. Representative Pommer discussed the history of the provisions for the State's Board general supervision over public schools and for a local school district's authority over instruction in the district.
12:30 PM
Representative Pommer discussed community involvement in schools and that communities take responsibility for their schools because of local control over the schools. Representative Pommer continued his presentation with a discussion of the new Charter School Institute Board. He presented his concerns with the current Charter School Institute statutory provisions.
12:33 PM
Representative King responded to Representative Pommer's presentation of the bill and his comments about the Charter School Institute Board. Representative King discussed case law concerning local control of instruction. Representative King distributed a hand-out from the Colorado Department of Education listing the school districts that have been granted exclusive chartering authority by the State Board of Education (Attachment K). Representative Pommer made further comments on exclusive chartering authority.
12:40 PM
Representative Pommer discussed State Board of Education decisions regarding the chartering authority. He commented further on case law and on hearings before the State Board of Education.
12:44 PM
The following persons testified:
12:44 PM --
Willie Montoya, representing himself, testified in opposition to the bill. He discussed his conversations with parents during the past couple of years, and particular impacts on the Hispanic community. He voiced his support for school reform efforts.
12:46 PM --
Linda Carroll, representing herself, testified in opposition to the bill. She has helped found a K-8 charter school in Cheyenne Mountain School District in Colorado Springs. She said that school district boards may or may not be cooperative in charter school efforts.
12:49 PM
Ms. Carroll responded to questions from committee members.
12:51 PM --
Ray Wallander, representing himself, testified in opposition to the bill. Mr. Wallander discussed the high school drop-out problem and his involvement with Project S.T.A.R.T., a program addressing the needs of at-risk students.
12:55 PM --
Terri Rayburn, Peggy Kerns, and Alex Medler came to the table together as members of the Charter School Institute Board and testified in opposition to the bill. Ms. Rayburn discussed the rich history of school choice in Colorado.
12:57 PM --
Ms. Kerns discussed the history of her involvement in original charter school legislation as a former legislator and sponsor of legislation. Ms. Kerns discussed the history of options in Colorado and said that most choice options have been supported by local school districts.
12:59 PM
Ms. Kerns responded to questions from committee members about the history of development of charter school law.
01:00 PM --
Mr. Medler discussed the prospects for the board's work and said that the board is working to develop a system of "best practices." Ms. Kerns responded to additional comments from the committee and provided additional information about history.
01:04 PM
Representative Merrifield made additional comments about school choice. Ms. Kerns responded to questions regarding the Charter School Institute Board and about the role of charter schools in school districts.
01:06 PM --
Lisa Miller, representing herself as a parent interested in starting a charter school, testified in opposition to the bill. She discussed her experiences in working with her school district board of education. She cited the example of the contract required by her school district board of education.
01:10 PM --
Pierre Jimenez, representing himself as a founder of two charter schools, testified in opposition to the bill. Mr. Jimenez said that the bill does not promote educational reform and that the Charter School Institute Board is not a threat to public schools.
01:13 PM
Representative Pommer responded to Mr. Jimenez' testimony. Mr. Jimenez made additional comments about the drop-out rate for minority students.
01:14 PM --
Sam Drury, representing himself, testified in opposition to the bill. He voiced opposition to giving school districts "veto power" over Institute charter schools. He distributed a copy of his testimony (Attachment L).
01:16 PM --
Pam Cirbo, representing herself, testified in opposition to the bill. She spoke about the importance of school choice and charter schools within the school districts.
01:17 PM --
Jorge Amaya, representing himself, testified in opposition to the bill and discussed his involvement in school choice issues.
01:20 PM
Representative Pommer responded to the testimony and said that the intent of the bill is to put supporters of public schools and charter schools on equal footing before the school district board of education.
01:19 PM --
William Haft, representing himself and the National Association of Charter Authorizers, testified on the bill and provided information on authorizing a school board.
01:23 PM --
Jim Griffin, representing the Colorado League of Charter Schools, testified in opposition to the bill. He provided information on the goals of the Charter School Institute Board.
01:25 PM
Representative Pommer asked questions of Mr. Griffin.
01:26 PM
Representative Merrifield laid the bill over for action only at the February 3rd meeting of the committee.
1:26 PM
The committee adjourned.