Bill Summary for Bill Number HB05-1255

Final
BILL SUMMARY for HB05-1255

HOUSE COMMITTEE ON EDUCATION

Votes:

Action Taken:

Moved to pass House Bill 05-1255 to the Committee

PASS

11:29 AM -- Call to Order

The meeting was called to order by the chairman, Representative Merrifield.

11:30 AM -- House Bill 05-1255

Representative Benefield reviewed the provisions of House Bill 05-1255, concerning tuition for the excess costs incurred in educating a child with disabilities.

11:31 AM

The following persons testified:

11:31 AM -- Mary Sires, representing a state consortium of special education educators as a representative from St. Vrain School District, testified in favor of the bill. She discussed the need to contract for services and the issue of excess costs. She reviewed the impact of school choice on excess cost issues. Ms. Sires discussed specific examples of students in her district and the financial impact of the excess costs for students placed out of district.

11:40 AM

Ms. Sires discussed the promulgation of a State Board of Education rule last year and stated that the bill would codify what the State Board of Education had done. She distributed a hand-out (Attachment A).

11:42 AM -- Mary McGlone, representing the Littleton School Board, testified in favor of the bill. She discussed issues of equity among school districts, traditional schools of choice, and for cyberschools and on-line programs. She responded to questions from committee members.

11:46 AM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in favor of the bill. She said that CASB believes that Colorado's system of special education funding needs reform.

11:48 AM -- Evie Hudak, representing the State Board of Education, testified on the bill and discussed the board's promulgation of its rule. She said that the board's legal counsel had advised it that it had authority to promulgate the rule, but that the board preferred that the issue be codified.

11:50 AM

Representative King discussed the issue of district choice and excess costs. He discussed the distinctions he sees for charter schools and on-line schools. Representative King discussed the rule review process and said that he felt the promulgation of the State Board of Education rule exceeded the board's authority. Ms. Hudak responded to Representative King's comments.

11:55 AM

Representative Pommer asked Ms. Hudak further questions about the discussions held by the State Board of Education. Representative King made further comments about specific cases impacting charter schools and on-line schools. He said that he favored determinations that would support parental choice. Ms. Hudak discussed how the bill could encourage and support out-of-district placement. Representative Benefield and Representative King discussed per pupil funding for special education and how the money follows the student.

12:04 PM -- Kin Griffith, representing the Colorado Virtual Academy, testified in opposition to the bill. He voiced concern about unintended consequences of the bill. He said that he opposed the 60 percent threshold. Mr. Griffith said he preferred the State Board of Education rule be left in place and that the bill not be passed.

12:12 PM

Mr. Griffith responded to questions from Representative Paccione. Representative Benefield discussed the goals for equity in her bill. Representative Pommer discussed examples and the financial impact of excess costs in the Greeley School District. He asked Mr. Griffith questions about the acceptance of special needs students in his school and the potential impact of the bill on Colorado Virtual Academy.

12:19 PM -- Charm Paulmeno, representing the Colorado Department of Education, said that the bill would treat all choice options the same. She said that there was an equity issue for traditional schools of choice being treated in the same manner as on-line and charter schools. Ms. Paulmeno responded to questions about the development of an individual education program (IEP) and said that the 60 percent threshold was a fairly accurate estimate of the percentage of needs assessment for severely disabled students.

12:24 PM -- Steve Smetak, representing himself as a parent of a special needs student attending the Colorado Virtual Academy, testified in opposition to the bill. He discussed his child's IEP and said that his wife serves as the child's primary teacher through the Colorado Virtual Academy.

12:28 PM -- Linda Murray, representing the Woodland Park School District, said she wanted to reiterate that the funding does follow the child. Representative King asked Ms. Murray if the bill could impact how IEPs would be written and if it would provide an incentive to include a 60 percent assessment for special educational services. Ms. Murray discussed the issues around IEP assessments.


BILL:	HB05-1255
TIME:	12:33:59 PM
MOVED:	Benefield
MOTION:	Moved to pass House Bill 05-1255 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-3 roll call vote.
SECONDED:	Paccione
		VOTE
	Balmer	No
	Benefield	Yes
	King	No
	Larson	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	Yes
	Rose	No
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS