Final
STAFF SUMMARY OF MEETING
SENATE
COMMITTEE ON
EDUCATION
Date:
03/17/2005
ATTENDANCE
Time:
01:39 PM
to
05:43 PM
Evans
E
Jones
X
Place:
SCR 354
Spence
X
Tupa
X
This Meeting was called to order by
Williams
E*
Senator
Windels
Bacon
X
Windels
X
This Report was prepared by
Susan Liddle
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed:
Action Taken:
HB05-1096
SB05-200
HB05-1191
HB05-1237
Witness Testimony Only
Amended, Referred to Committee on Appropriations
Witness Testimony Only
Amended, Referred to the Committee of the Whole
01:41 PM
Senator Windels and the committee honored Jennifer Thomsen, the Senate Education committee staffer, who is leaving today on maternity leave.
01:43 PM -- House Bill 05-1096
Senator Teck explained HB 1096 which deals with the oversight of investments of Mesa State College. The following individuals testified:
01:46 PM --
Ben Stein, State Treasurer's Office, spoke in opposition to the bill. He distributed a handout which details his concerns (Attachment A). He expressed concern that the General Assembly could be asked in the future to help Mesa State if there are any problems with its investments. He also stated that the bill could seriously impact the state's cash flow. Mr. Stein responded to questions from the committee. Senator Teck also responded to some of the questions that were raised based on the witness's testimony, discussing that Mesa State has several needs that they need to find out how to fund.
01:59 PM --
Senator Teck continued to respond to some of the concerns raised by the committee. Mr. Stein elaborated on his testimony that the University of Colorado was already doing the type of investment this bill allows.
02:03 PM --
Cole Wist, member of the Mesa State Board of Trustees, spoke in support of HB 1096. He stated that Mesa State will have more control over its investment needs under this bill. He added that the 5-year sunset provision of the bill will prevent any problems with the investment strategies. Mr. Wist responded to questions from the committee.
02:10 PM --
Michele Hanigsberg, Office of Legislative Legal Services, came to the table to try to respond to a question regarding whether Mesa State was obligated to stick to this plan for the full five years, or whether there was some sort of "an out" for Mesa State in the bill in the event that it was determined that they wanted to return to the current system. She stated that she could make it more clear in the bill Mesa State could put their money back in the state treasury if needed.
02:12 PM --
The committee discussed whether the investment advisory committee members could be personally liable for the investments. Senator Teck stated that he would look at this issue.
02:13 PM
Senator Teck asked the chair to pull the bill off the table until Senator Evans was able to be present. Senator Windels stated that HB 1096 will be laid over until Thursday, March 24, for action only.
02:15 PM -- Senate Bill 05-200
Senator Windels explained SB 200 which is the annual school finance bill. A copy of the most recent "school finance run" was distributed to the committee (Attachment B). Senator Windels walked through the sections of the bill. Christy Chase, Office of Legislative Legal Services, joined Senator Windels at the table and continued the walk-through of each section of the bill.
02:34 PM
Senator Windels and Ms. Chase continued to walk through the bill and Senator Windels responded to multiple questions from the committee, including questions about the funding in the bill for charter schools. Senator Windels stated in regard to the issue of thorough and uniform education in this state, she was interested in seeking an interim study to look at this issue.
02:46 PM
The committee continued its review of each section of the bill, and discussed the funding in the bill for the Giardino lawsuit. Senator Windels responded to a question about the appropriation clause that includes money for national board certification for teachers.
02:58 PM
Before proceeding to testimony, the committee talked about the sort of data they would like to see prior to second reading. They also discussed whether they needed additional information on mill levys.
The following individuals testified on SB 200:
03:00 PM
-- Carol Norberg, Gifted Educator and Parents, stated that she was under the impression that Senator Windels would be offering an amendment relating to gifted and talented which Ms. Norberg would be supportive of. She responded to questions. The committee discussed the issue of how gifted students are identified. Senator Windels asked that Senator Williams work with Ms. Norberg on this issue for a possible second reading amendment or another bill title to address it.
03:13 PM --
Russ Caldwell, Senior Vice President of Kirkpatrick Pettis and community board member of Crown Pointe Academy Charter School testified and distributed his written remarks (Attachment C). He discussed charter school bonds and other charter school finding issues.
03:26 PM --
Mr. Caldwell responded to questions from the committee about the reduction in charter school capital construction in the bill.
03:27 PM --
Dennis Corash, representing Jefferson County charter schools, and Executive Director of Excel Charter School, also spoke about the reduction in capital construction funds for charter schools in the bill. Mr. Corash responded to questions from the committee.
03:34 PM --
Dick Murphy, representing himself, discussed historic aspects of school finance. He expressed concern with proposed amendments to reduce capital construction funds for charter schools and provided a copy of his comments (Attachment D). Mr. Murphy responded to questions from the committee.
03:46 PM --
Will Hatcher, representing himself and a resident of Colorado Springs, spoke specifically about Section 4 of the bill. Senator Windels stated that she has an amendment prepared to address Mr. Hatcher's concerns.
03:49 PM --
John Giardino spoke in support of Section 10 which provides funding for the Giardino lawsuit payment for school capital construction. Senator Windels responded to questions about how much additional money will be needed to fully fund the Giardino lawsuit.
03:54 PM --
Jane Urschel, Colorado Association of School Boards, testified and stated that CASB is supportive of the restorative aspects of the funding in this year's bill.
03:58 PM --
Tony Salazar, Colorado Education Association, thanked the bill sponsor for the input she has allowed all parties to have on the bill and spoke in support of the funding levels in the bill. Mr. Salazar commented specifically on the section of the bill that provides funding for teachers who are seeking national board certification. The committee discussed this section of the bill.
04:07 PM --
Guy Bellville, Chief Financial Officer, Cherry Creek School District, spoke in support of SB 200. Christy Chase, OLLS, returned to the table to respond to some questions raised by the committee about the TABOR implications of Senator Windels proposed amendment on the section of the bill being discussed. The committee formally requested the OLLS to issue a legal opinion on the proposed amendment if it passes.
04:19 PM --
Rudy Andras Economist at RBC Dain Rauscher, addressed the issue about the collection of mill levys that may be higher than the prior year. He distributed an analysis he had prepared on tax collections in seven school districts over the past several years (Attachment E).
04:26 PM
Senator Windels concluded her comments on SB 200. She distributed two proposed amendments (L.001 and L.002 - Attachments F and G). She moved the bill to the Committee on Appropriations and then asked the committee to comment on whether amendment L.001 should be offered. The committee discussed the amendment. Senator Spence asked that the committee amend Section 4 of the bill out at this time and then work on getting it put back in later in the process rather than adopting L.001 today. Senator Windels agreed, so amendment L.001 was not offered.
BILL:
SB05-200
TIME:
04:32:19 PM
MOVED:
Windels
MOTION:
Moved to strike Section 4 of the bill on page 6. The amendment was adopted without objection.
SECONDED:
VOTE
Evans
Excused
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-200
TIME:
04:32:41 PM
MOVED:
Windels
MOTION:
Moved amendment L.002 (Attachment G), and moved that lines 21-31 on page 2 of the proposed amendment be struck. There was no objection to amending the amendment. Amendment L.002, as amended, was adopted without objection.
SECONDED:
VOTE
Evans
Excused
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
SB05-200
TIME:
04:38:58 PM
MOVED:
Windels
MOTION:
Moved to refer SB 200, as amended, to the Committee on Appropriations. The motion passed 5-1-1.
SECONDED:
VOTE
Evans
Excused
Jones
No
Spence
Yes
Tupa
Yes
Williams
Yes
Bacon
Yes
Windels
Yes
Final YES:
5
NO:
1
EXC:
1
ABS:
0
FINAL ACTION:
PASS
04:41 PM
Recess.
04:49 PM -- House Bill 05-1191
Senator Hillman explained HB 1191 concerning the expansion of the authority of a school district to impose a transportation fee. He distributed a fact sheet on the bill (Attachment H) and provided detail on the reasons for this bill. He discussed proposed amendment L.015 (Attachment I) requested by Senator Bacon which deals with charter schools and transportation fees. He stated that he did not agree with the "shall" to "may" change on line 1 of the amendment, but he was okay with the rest of the amendment.
The following individuals testified:
04:55 PM --
Ken Hoover, Jefferson County School Board, spoke in support of the bill and handed out a chart which provides a comparison of diesel fuel prices (Attachment J). He responded to questions about his opinion on the proposed amendment.
04:59 PM --
Phil Fox, Colorado Association of School Executives, stated that CASE strongly supports HB 1191. He provided a history of fees in Colorado. Mr. Fox commented on the need for this bill especially as fuel costs are increasing so dramatically. He commented on the "shall" versus "may" issue in the proposed amendment. Mr. Fox responded to questions from the committee.
05:11 PM
Senator Windels stated that HB 1191 would be taken off the table today and brought back for action only on Wednesday, March 23.
05:13 PM -- House Bill 05-1237
Senator Tupa explained HB 1237 which would create a statewide physical education recognition program. He distributed an article that recently appeared in the paper (Attachment K) and two proposed amendments (L.002 and L.003 - Attachments L and M). Senator Tupa responded to questions, specifically about whether other categories of school personnel that have programs like this.
The following individuals testified:
05:20 PM --
Mary Lou Miller, Colorado Association for Health, Physical Education, Recreation and Dance (COAHPERD), spoke in support of the bill and distributed a chart which depicts the criteria for Stars recognition (Attachment N).
05:26 PM --
Greg Ahrnsbrak, a physical education teacher in the Denver Public Schools, spoke in support of the bill.
05:32 PM --
Rick Metz, University of Northern Colorado teaching supervisor, spoke in support of the bill and distributed a handout (Attachment O).
05:33 PM --
Sara Maddock, a physical education teacher in the Jefferson County Schools, spoke in support of the bill.
05:35 PM
Senator Tupa concluded his remarks on the bill.
BILL:
HB05-1237
TIME:
05:37:05 PM
MOVED:
Tupa
MOTION:
Moved amendment L.002 (Attachment L). The amendment was adopted without objection.
SECONDED:
VOTE
Evans
Excused
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1237
TIME:
05:37:53 PM
MOVED:
Tupa
MOTION:
Moved amendment L.003 (Attachment M) which would allow COAHPERD to make the awards rather than the State Board of Education since they are a nonprofit organization. Mary Lou Miller returned to the table to respond to a question about whether the association currently awards moneys. Amendment L.003 was adopted without objection.
SECONDED:
VOTE
Evans
Excused
Jones
Spence
Tupa
Williams
Bacon
Windels
Not Final YES:
0
NO:
0
EXC:
1
ABS:
0
FINAL ACTION:
Pass Without Objection
BILL:
HB05-1237
TIME:
05:40:14 PM
MOVED:
Tupa
MOTION:
Moved to refer HB 1237, as amended, to the Committee of the Whole. The motion passed 5-0-2.
SECONDED:
VOTE
Evans
Excused
Jones
Yes
Spence
Yes
Tupa
Yes
Williams
Yes
Bacon
Excused
Windels
Yes
Final YES:
5
NO:
0
EXC:
2
ABS:
0
FINAL ACTION:
PASS
05:43 PM
The committee adjourned.