Final
STAFF SUMMARY OF MEETING
HOUSE
COMMITTEE ON
EDUCATION
Date:
03/31/2005
ATTENDANCE
Time:
01:37 PM
to
06:14 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
E*
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1216
SB05-200
Amended, Referred to the Committee of the Whole
Amended, Referred to Committee on Appropriations
01:38 PM
The meeting was called to order by the chairman, Representative Merrifield.
01:38 PM -- House Bill 05-1216
Representative Marshall reviewed the committee's consideration of the bill. The committee heard the bill and referred a committee report to the Committee of the Whole, dated February 17, 2005. The Committee of the Whole referred the measure back to the House Education Committee. Representative Marshall provided a proposed strike-below amendment to the bill.
BILL:
HB05-1216
TIME:
01:41:10 PM
MOVED:
King
MOTION:
Moved amendment L.006 (Attachment A). Committee discussion on the amendment ensued. Amendment L.006, as amended by a subsequent motion by Representative King (see vote sheet below), passed without objection.
SECONDED:
Todd
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
01:41 PM
Committee discussion ensued on amendment L.006. Representative Marshall responded to questions regarding the proposed amendment.
01:45 PM
Representative Marshall continued to walk through provisions of amendment L.006.
01:47 PM
The following persons testified:
Linda Barker, representing the Colorado Education Association (CEA), testified in favor of House Bill 05-1216 and described her conversations with the Denver Public School officials and parents involved in the conversion of Cole Middle School.
01:55 PM
Julie Pelegrin, Office of Legislative Legal Services, came to the table to respond to additional questions about public hearings required under amendment L.006. Representative King asked several questions about the requirements for unsatisfactory schools.
BILL:
HB05-1216
TIME:
01:51:45 PM
MOVED:
King
MOTION:
Moved an amendment to amendment L.006, as amendment L.007 (Attachment B), severed after line 2. Amend L.006, page 9, line 11, strike "THIRTY" and substitute "SIXTY". The motion passed without objection.
SECONDED:
Paccione
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
BILL:
HB05-1216
TIME:
02:00:41 PM
MOVED:
Paccione
MOTION:
Moved to refer House Bill 05-1216, as amended, to the Committee of the Whole. 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
02:02 PM -- Senate Bill 05-200
Representative Pommer reviewed the provisions of the reengrossed version of Senate Bill 05-200, concerning the financing of public schools, and making an appropriation therefor. He described the constitutional requirement for funding increases under Amendment 23. Representative Pommer also provided some background on the settlement reached under the
Giardino
lawsuit and the statutorily required state appropriations that have followed. He said that recent obligations have not been met and discussed provisions in the current version of Senate Bill 05-200.
02:08 PM
Representative Larson asked Representative Pommer several questions regarding provisions affecting Boards of Cooperative Services (BOCES).
02:09 PM
The following persons testified:
02:14 PM --
Carol O'Leary, representing the Challenger Learning Center, came to the table. Representative King discussed a potential amendment, L.022, that would provide appropriations for matching grants to science and technology education centers.
02:15 PM --
Dr. Gary Coulter, Challenger Learning Center, testified on the bill and the potential amendment. He provided background on the curriculum and the goals of the center. He described the way in which the school had been started and supported since its opening in 2002.
02:22 PM --
Ms. O'Leary returned to the table to discuss the Challenger Learning Center. and provided three hand-outs (Attachments C through E.)
02:28 PM
Ms. O'Leary provided information about the per pupil cost of student participation. She also responded to questions about receipt of private funding and in-kind donations. She said the center's operating expenses are approximately $400,000 per year and discussed on-going fund-raising efforts.
02:35 PM
Committee discussion continued on the history of the center. Approximately 12,000 students attend the center each year.
02:38 PM --
Dr. Coulter returned to the table to discuss grants and funding for the center. Representative Paccione asked about the school districts that were able to afford to have students visit the center.
02:45 PM --
Elizabeth Farnham, a student participant, testified about her experience attending the center.
02:46 PM --
Kevin Weber, a student participant, testified on the importance of the center. Mr. Weber noted that he now volunteers at the center.
02:47 PM --
Lura Moore, a middle school science teacher who has brought students to the center, testified as to the impact and importance of the center.
02:49 PM --
Three students of Ms. Moore's, Abigail Krycho, Samantha Weate, and Madeleine Miles, all from Skyview Middle School, shared a mission statement and badge that they had created at the center. They discussed what they had learned at the center. Ms. Miles came to table to respond to additional questions.
02:54 PM --
Nicholas Miles, discussed his experiences at the center. He responded to questions about his hopes for the future.
02:56 PM --
Lisa Roy, representing the Piton Foundation and early childhood education, discussed research on the importance of early childhood education and full-day kindergarten. She discussed statistics from other states that have invested heavily in early childhood education. Ms. Roy distributed four hand-outs (Attachments F through I).
03:05 PM --
John Giardino, representing himself and the father of the plaintiff in
Giardino
lawsuit, testified in favor of the bill and its provisions to fund K-12 capital construction settlement payments. Mr. Giardino responded to questions about how current grants are distributed and the application process through the Colorado Department of Education (CDE).
03:10 PM --
Tony Salazar, representing the Colorado Education Association, testified on the bill and the CEA's support an amendment to restore funding for the statewide base under a proposed amendment. He also testified in favor of bringing back additional preschool slots.
03:15 PM --
Allen Smith, representing the Skyland Community High School, a charter high school in Denver Public Schools, testified in favor of provisions of the bill. He described the way in which his school serves at-risk students.
03:20 PM
Mr. Smith responded to questions about capital construction needs and the needs of his school in particular. He noted in response to questions that his school has ten staff members.
03:23 PM --
Jim Griffin, representing the Colorado League of Charter School, testified on potential amendments to the bill in support of charter schools and charter school capital construction. Representative King said that he would be bringing an amendment regarding capital construction funding for charter schools.
03:28 PM
In response to committee questions, Mr. Griffin provided recent history regarding funding for charter schools and charter school capital construction. He said that 108 charter school operate currently.
03:35 PM --
Vody Hermann, Director, School Finance Unit, CDE, came to the table to respond to questions. A hand-out was distributed (Attachment J). She described the impact of a proposed amendment on data reporting requirements.
03:42 PM
Representative King commented on current reporting requirements under the chart of accounts. Ms. Hermann made further comments about reporting done by school site.
03:46 PM --
Jane Urschel, representing the Colorado Association of School Boards, was requested to come to the table to discuss the potential impact of an amendment. She further said that she supported the efforts made in the bill. Representative Larson asked questions about the overall state of school district reporting.
03:57 PM
The committee discussed the provisions of potential amendments to change reporting requirements.
04:01 PM
The committee recessed.
04:07 PM
The committee came to order.
BILL:
SB05-200
TIME:
04:07:29 PM
MOVED:
Pommer
MOTION:
Moved amendment L.020 (Attachment K). The motion passed on an 8-5 roll call vote.
SECONDED:
Paccione
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
No
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final
YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
04:12 PM
The committee discussed an aggregate total as the committee looked at the financial impact and considered all of the amendments. The State Education Fund and the future solvency of the fund was discussed.
04:19 PM
Representative Penry asked about the forecast for mineral royalties. Representative Pommer indicated that he had discussed forecasts with economists from the Legislative Council Staff.
04:24 PM
Representative Larson discussed the possibility that a TABOR reform measure would not be passed and that increased base funding would pose serious problems for the state budget.
BILL:
SB05-200
TIME:
04:29:55 PM
MOVED:
Pommer
MOTION:
Moved amendment L.019 (Attachment L). Representative King subsequently moved a substitute motion, amendment L.024 (Attachment M, see vote sheet below). The substitute motion lost on a 4-9 roll call vote.
Representative King then requested that the motion be severed on page 2, between lines 18-19. The chairman ruled that the motion was not severable. Representative Penry moved an amendment to L.019 (see vote sheet) to strike section 18 from L.019. The motion by Representative Penry failed on a 5-8 roll call vote.
Representative Pommer's original motion on amendment L.019 passed on a 8-5 roll call vote.
SECONDED:
Paccione
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
Yes
McKinley
Yes
Penry
No
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Not Final
YES:
8
NO:
5
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-200
TIME:
04:32:42 PM
MOVED:
King
MOTION:
Moved a substitute motion to amendment L.019, as amendment L.024 (Attachment M). The substitute motion failed on a 4-9 roll call vote.
SECONDED:
Balmer
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
No
Paccione
No
Merrifield
No
Not Final YES:
4
NO:
9
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
04:42 PM
The committee continued to discuss capital construction funding for schools generally, and for charter schools specifically. Representative Pommer responded to questions about charter schools' existing bond obligations.
BILL:
SB05-200
TIME:
04:57:10 PM
MOVED:
Penry
MOTION:
Moved an amendment to Representative Pommer's motion on L.019, to strike section 18 from amendment .019. The motion failed on a 5-8 roll call vote.
SECONDED:
King
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
Yes
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
No
Paccione
No
Merrifield
No
Not Final
YES:
5
NO:
8
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
SB05-200
TIME:
05:00:07 PM
MOVED:
Pommer
MOTION:
Moved amendment .021 (Attachment N). The motion passed on a 7 - 6 roll call vote.
SECONDED:
Paccione
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
Not Final
YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
BILL:
SB05-200
TIME:
05:18:19 PM
MOVED:
Pommer
MOTION:
Moved an amendment L.018 (Attachment O). The motion passed without objection.
SECONDED:
Paccione
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
05:19 PM
Ms. Hermann returned to the table and indicated that she was not able to respond to the questions posed about amendment L.018.
BILL:
SB05-200
TIME:
05:21:19 PM
MOVED:
Pommer
MOTION:
Moved amendment L.023 (Attachment P). The motion passed without objection
SECONDED:
Paccione
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
BILL:
SB05-200
TIME:
05:22:13 PM
MOVED:
Todd
MOTION:
Moved amendment L.029 (Attachment Q). The motion passed without objection.
SECONDED:
Paccione
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
05:27 PM
Jacqueline Medina, Colorado Department of Education, came to the table to respond to questions about amendment L.029. She discussed school districts that have early entrance opportunities for gifted children.
BILL:
SB05-200
TIME:
05:30:37 PM
MOVED:
King
MOTION:
Moved amendment L.026 (Attachment R). The motion failed on a 4 -9 roll call vote.
SECONDED:
Penry
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
No
Paccione
No
Merrifield
No
Not Final
YES:
4
NO:
9
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
SB05-200
TIME:
05:33:17 PM
MOVED:
King
MOTION:
Moved amendment L.025 (Attachment S). The motion passed without objection.
SECONDED:
Penry
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
BILL:
SB05-200
TIME:
05:37:01 PM
MOVED:
King
MOTION:
Moved amendment L.022 (Attachment T). The motion failed on a 6 -7 roll call vote.
SECONDED:
Penry
VOTE
Balmer
Yes
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Yes
Paccione
No
Merrifield
Yes
Not Final
YES:
6
NO:
7
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
05:45 PM
The committee continued its discussion of whether the amendment and funding for special programs and educational centers should be part of the school finance act.
BILL:
SB05-200
TIME:
05:56:40 PM
MOVED:
Paccione
MOTION:
Moved a conceptual amendment, page 19, strike lines 9-12 and substitute "(c) THE GENERAL ASSEMBLY"; strike lines 19-20 and substitute "STATE ACADEMIC STANDARDS.". Page 20, strike lines 3-9.
Representative King moved a substitute motion to strike section 17 of the bill (see vote sheet below). The substitute motion failed on a 3 -10 roll call vote.
Representative Paccione's original motion passed on a 7-6 roll call vote.
SECONDED:
Benefield
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
Not Final
YES:
7
NO:
6
EXC:
0
ABS:
0
FINAL ACTION:
PASS
05:56 PM
Christy Chase, Office of Legislative Legal Services, came to the table to discuss Representative Paccione's conceptual amendment.
BILL:
SB05-200
TIME:
05:59:47 PM
MOVED:
King
MOTION:
Moved a substitute motion to strike appropriations for the national board certification for teachers: section 17 of the bill. The substitute motion failed on a 3 -10 roll call vote.
SECONDED:
White
VOTE
Balmer
No
Benefield
No
King
Yes
Larson
No
McKinley
No
Penry
No
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Yes
Paccione
No
Merrifield
No
Not Final
YES:
3
NO:
10
EXC:
0
ABS:
0
FINAL ACTION:
FAIL
BILL:
SB05-200
TIME:
06:11:44 PM
MOVED:
Pommer
MOTION:
Moved to refer Senate Bill 05-200, as amended, to the Committee on Appropriations. The motion passed on a 9-4 roll call vote.
SECONDED:
Paccione
VOTE
Balmer
No
Benefield
Yes
King
No
Larson
No
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final
YES:
9
NO:
4
EXC:
0
ABS:
0
FINAL ACTION:
PASS
06:14 PM
The committee adjourned.