House Committee on Education (02/10/2005)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/10/2005	ATTENDANCE

Time:	01:35 PM to 07:45 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	*
		White	X
		Paccione	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB05-1164 HB05-1124 HB05-1238		Amended and Referred to Appropriations Amended and Referred to Appropriations Amended and Referred to Appropriations

01:36 PM

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

01:37 PM -- House Bill 05-1164

Representative Paccione reviewed the provisions of House Bill 05-1164, concerning achievement examinations for students enrolled in high school and distributed four hand-outs (Attachments A - D). Representative Paccione discussed testing of high schoolers and the advantages of the pre-ACT PLAN test for tenth graders over current Colorado State Assessment Program (CSAP) requirements.

01:41 PM

The following persons testified:

01:41 PM -- Susan Krebs, representing Academy District 20, discussed the bill and the advantages of having both the CSAP examinations and the PLAN test. She provided a chart showing the results of a longitudinal study of student growth (Attachment E). She responded to questions from committee members about both sets of assessments and discussed her desire to have longitudinal data for students. She discussed norm-reference testing. Representative King discussed the current movement toward longitudinal data on students.

01:48 PM

Ms. Krebs continued to discuss the modeling and data collection done in Academy District 20. There was additional committee discussion about testing of tenth graders and what is most important to assess and learn about students at that level. Representative Paccione stated that approximately half of school districts offer the PLAN examination currently. She discussed the advantages of a norm-reference test for students who are preparing to apply to college.

01:57 PM

Representative King made further comments on the PLAN test and said that it may not provide the information or data that is most helpful. Representative Paccione made comments in response to Representative King's discussion. She discussed data on specific school districts.

02:04 PM

Representative Pommer said that the General Assembly must make its decisions based on what is best for Colorado students and said that once students reach late high school years, they are preparing to compete against fellow students in college. Representative Solano asked about statistics regarding absenteeism during the test administration period.

02:09 PM -- Jenny Cowan, representing Woodland Park School District #2 as president of the school board, discussed the bill and the advantages of both tests. She said that her school district administers both tests and finds results of both helpful at the district level. Based on these results, her district has been adding additional math courses.

02:15 PM -- Ed Wiley, representing the University of Colorado as a professor in the department of education, provided information on his background in testing research. He described specific distinctions between the PLAN test and the CSAP assessments. He discussed the fact that CSAP assessments measure against the state content standards. Representative King raised the issue of whether the PLAN math assessment was as rigorous as the CSAP math test.

02:22 PM -- Jean Gauley, representing Mesa County School District #51, but not representing a final school board position on the bill, testified about how the bill would impact her school district and other small Western Slope districts. Ms. Gauley also discussed the impact on plans for individual literacy plans. She said her district values a variety of assessment results. She discussed testing windows and student attendance as factors.

02:31 PM -- Kelly McGully, representing herself as a senior at Poudre High School, discussed her experiences taking CSAP assessments, the PLAN test, and the ACT test, as well as AP examinations. She said that she thought the PLAN test was a good test and better prepared her for the ACT examination. She said that she feels that there are an unbelievable number of tests given at the high school level. She said she knows many fellow high school students who do not take the CSAP assessments seriously or think it is a good use of time.

02:36 PM

Ms. McGully responded to questions from committee members about the CSAP assessments.

02:41 PM -- Beth Campbell, representing Thompson Milliken School District 5-J, discussed the PLAN examination and voiced support for the bill. She said that a school district can devote only so much time and energy toward assessments, and that the PLAN was more valuable for tenth graders.

02:48 PM -- Susan Maree, a counselor in Thompson Milliken School District 5-J, testified in support of the bill. She discussed the fact that high school students may not feel any value in taking the CSAP assessments, but with the mandating of the ACT examination, interest in college has increased. She said that the PLAN is helpful and that the percentage of students in their district going on to college has increased.

02:52 PM

Ms. Murray responded to questions and discussed the importance of student attitude toward assessments.

02:53 PM -- Chahnuh Fontes, representing herself as a counselor from the Eaglecrest High School in the Cherry Creek School District, discussed student interest in doing well on the PLAN test.

02:54 PM -- Diane Lloyd, a counselor at West High School in the Denver Public Schools, discussed her support for the bill and the PLAN test. She said that the students see the direct impact of taking the PLAN test.

02:56 PM -- Justin Cantrell, a counselor at Hamilton Middle School, discussed his support for the bill and relayed his discussions with the University of Colorado officials. He responded to questions from committee members.

02:59 PM -- Dan Franklin, also a counselor at Eaglecrest High School, indicated that the students he works with see the value in the PLAN test.

03:01 PM -- DeDe Strom, a counselor in Aurora Public Schools, provided information on her background in higher education and teacher education programs. She discussed the value of the PLAN examination. Representative Paccione distributed two three additional reports (Attachments F-H ). Ms. Strong discussed the importance of encouraging students to consider college preparation.

03:09 PM -- John Bruce, principal of Roosevelt High School and also representing Jenna at Greeley High School, discussed the relevance of the PLAN test to high school students. He responded to questions from committee members.

03:10 PM -- Tom Synoft, principal of the Option School in Aurora Public Schools, voiced support for the PLAN examination and the bill. He said that parents he speaks to are interested in having their child take the PLAN examination.

03:14 PM -- Stan Hesting, representing Adams County School District 12, voiced support for the bill and the PLAN examination. He responded to questions from committee members.


BILL:	HB05-1164
TIME:	03:21:46 PM
MOVED:	King
MOTION:	Moved amendment L.002 (Attachment I). The motion failed on a 6-7 roll call vote.
SECONDED:	Rose
		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

3:24 PM
Representative King discussed the provisions of amendment L.002. Committee discussion continued on the CSAP assessments and the PLAN examination.

3:31 PM

Committee discussion on the amendment continued.

3:41 PM

The committee discussed alignment of assessments with No Child Left Behind Act requirements.

3:46 PM

Beth Celva, Director of the Assessment Unit, Colorado Department of Education, came to the table to discuss alignment of assessments with No Child Left Behind Act.


BILL:	HB05-1164
TIME:	03:49:12 PM
MOVED:	Penry
MOTION:	Moved an amendment, page 2, lines 21 through 23, delete strike type. Page 3, line 4, delete strike type. The motion failed on a 5 - 8 roll call vote.
SECONDED:	Larson
		VOTE
	Balmer	Yes
	Benefield	No
	King	No
	Larson	Yes
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 5 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

3:51 PM

Jeremiah Barry, Office of Legislative Legal Services, provided information on the House Bill 05-1164 in its original form.


BILL:	HB05-1164
TIME:	03:54:49 PM
MOVED:	Larson
MOTION:	Moved amendment L.003 (Attachment J). The motion was withdrawn.
SECONDED:	Rose
		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: TIE

4:00 P.M.

Jeremiah Barry returned to the table to answer questions on the amendment and the bill.


BILL:	HB05-1164
TIME:	03:57:27 PM
MOVED:	King
MOTION:	Moved to amend L.003 (Attachment J), line 5, strike "ELEVENTH" and substitute "TWELFTH".
SECONDED:	Larson
		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:	HB05-1164
TIME:	04:03:07 PM
MOVED:	Pommer
MOTION:	Moved amendment L.001 (Attachment K). 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:	HB05-1164
TIME:	04:07:37 PM
MOVED:	Paccione
MOTION:	Moved to refer House Bill 05-1164, as amended, to the Committee on Appropriations. The motion passed on a 7-6 roll call vote.
SECONDED:	Pommer
		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

04:10 PM

The committee recessed.

04:24 PM -- House Bill 05-1124

The committee came back to order. Representative Vigil reviewed the provisions of House Bill 05-1124, concerning in-state tuition. He discussed proposed amendment L.002 (Attachment L) and stated that he would discuss the bill as he proposed it to be amended.

04:30 PM

Representative Merrifield asked Representative Vigil to continue with his presentation. The bill concerns domicile and tuition classification status for state institutions of higher education.

04:38 PM

Representative Vigil responded to questions from committee members about the fiscal note.

04:44 PM

Representative Vigil responded to questions regarding Section 2 of the bill, which would grant the Colorado Commission on Higher Education (CCHE) authority to adopt policies for guidelines for institutions to follow in determining domicile and tuition classification.

04:50 PM

Representative King expressed concerns with amending the original bill and discussed the fiscal note on the original bill.

04:57 PM

The following persons testified:

04:57 PM -- Eddie Gonzales, representing himself as an immigrant high school student at North High School, testified in support of the bill. Mr. Gonzales discussed the economic impact on immigrant families if college access is increased.

05:01 PM -- Adrienne Benavidez, representing Board of Directors of the American Civil Liberties Union (ACLU), testified in support of the bill. She said that the bill will increase the college-educated workforce in Colorado. She voiced support for adding a confidentiality clause to the bill. She said that she felt the bill addressed concerns expressed by the United State Supreme Court.

05:06 PM

Ms. Benavidez responded to questions regarding a suggestion to add an affidavit in regard to seeking in-state tuition. Representative King commented on the issue of illegal immigration.

05:10 PM -- Michel Dahlin, representing the admissions office of University of Colorado, testified in support of the amended bill. She said that the university creates new opportunities for students and increases access for young adults.

05:12 PM

Ms. Dahlin responded to questions about the graduate student statistics reflected in the original fiscal note. She discussed accepted students at the University of Colorado Health Sciences Center.

05:20 PM -- Adela Flores-Brennan, as a member of the United Government of Graduate Students at the University of Colorado, voiced support for an amended version of the bill.

05:21 PM -- Bob Spuhler, representing Colorado Mountain College, testified in support of the bill.

05:25 PM

Mr. Spuhler responded to questions as to whether the bill would have impact on Colorado Mountain College in the future.

05:34 PM

The committee discussed provisions regarding students seeking domicile and the impact of amendment L.002. Mr. Spuhler discussed concerns about the financial impact on institutions.

05:37 PM -- Mar Munoz-Visoso, representing the Centro San Juan Diego and the Archdiocese of Denver, testified in support of an amended bill. She advocated for the opportunities the bill would provide to young adults.

05:45 PM -- Pam Martinez, representing Padres Unidos, testified in support of the bill.

05:47 PM

Representative Vigil read two letters into the record from representatives of community colleges in support of the bill.


BILL:	HB05-1124
TIME:	05:49:48 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.002 (Attachment L). Extensive committee discussion followed and amendment L.002 was amended on a motion made by Representative King (see below). The motion on amendment L.002, as amended, passed without objection.
SECONDED:	Paccione
		VOTE
	Balmer	Excused
	Benefield
	King
	Larson
	McKinley
	Penry
	Pommer
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

5:47 PM

The committee recessed.

5:49 PM

The committee came back to order. Michele Hanigsberg, Office of Legislative Legal Services, responded to a question regarding the applicability of provisions in the bill. Representative Vigil made further comments. Marc Carey, Legislative Council Staff, also came to the table.

5:59 PM

There was discussion on the applicability of provisions regarding other students from out-of-state who may have been attending a Colorado high school for three years.

6:09 PM

Committee discussion continued on the applicability of current provisions in law regarding achieving in-state tuition. Ms. Hanigsberg discussed the applicability of presumptions for determining in-state status. Representative King discussed the potential impact on students in his district in Colorado Springs.

6:15 PM

Representative King and Representative Vigil discussed the applicability of these provisions.

6:25 PM
Representative Vigil and Ms. Hanigsberg responded to questions about how the bill would change if amended by amendment L.002.


BILL:	HB05-1124
TIME:	06:32:57 PM
MOVED:	King
MOTION:	Moved amendment L.008 (Attachment M). as a substitute motion to amendment L.002 (Attachment L). The motion failed on a 5-7 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Excused
	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: 5 NO: 7 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1124
TIME:	06:37:44 PM
MOVED:	King
MOTION:	Moved an amendment to amendment L.002 (Attachment L), strike lines 7 - 9. The motion passed without objection.
SECONDED:	Rose
		VOTE
	Balmer	Excused
	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:	HB05-1124
TIME:	06:42:41 PM
MOVED:	King
MOTION:	Moved amendment L.007 (Attachment N). The motion passed without objection.
SECONDED:	Penry
		VOTE
	Balmer	Excused
	Benefield
	King
	Larson
	McKinley
	Penry
	Pommer
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1124
TIME:	06:44:33 PM
MOVED:	White
MOTION:	Moved amendment L.003 (Attachment O). The motion failed on a 4 - 8 roll call vote.
SECONDED:	Rose
		VOTE
	Balmer	Excused
	Benefield	No
	King	Yes
	Larson	No
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	Yes
	Paccione	No
	Merrifield	No
Not Final YES: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL

6:44 PM

Representative Vigil responded to the provisions of L.003.


BILL:	HB05-1124
TIME:	06:49:38 PM
MOVED:	Penry
MOTION:	Moved amendment L.006 (Attachment P). The motion failed on a 4 - 8 roll call vote.
SECONDED:	King
		VOTE
	Balmer	Excused
	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: 4 NO: 8 EXC: 1 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1124
TIME:	06:55:41 PM
MOVED:	Merrifield
MOTION:	Moved to refer House Bill 05-1124 to the Committee on Appropriations, as amended. The motion passed on a 7-5 roll call vote.
SECONDED:	Paccione
		VOTE
	Balmer	Excused
	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: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

07:01 PM

The committee recessed.

07:05 PM -- House Bill 05-1238

The committee came back to order. Representative Hefley reviewed the provisions of House Bill 05-1238, concerning school-readiness quality improvement, and making an appropriation therewith. The bill changes the name of the School-Readiness Child Care Subsidization Program to the School-Readiness Quality Improvement Program. She noted that she would defer to the witnesses in the interest of time.

07:08 PM

The following persons testified:

07:08 PM -- Deb Lawrence, representing the Early Childhood Education Professional School Readiness Component, said she supports reauthorizing the program, but is opposed to expanding the child care credentialing system statewide. She responded to questions regarding the cost of credentialing, which has recently become a $40 fee.

07:15 PM -- Kathleen Stiles, representing the Early Childhood Credential Office, discussed the credentialing system. She distributed a brochure (Attachment Q). She discussed the potential for testing out of the credentialing system through a CHALLENGE examination.

07:25 PM -- Bruce Atchison, representing the Colorado Early Childhood Summit and the Colorado Children's Campaign, testified in favor of the bill. He distributed a hand-out (Attachment R).

07:28 PM -- Diane Schaack, representing Qualistar Early Learning, voiced support for the bill and distributed two hand-outs (Attachments S and T).

07:34 PM -- Patricia Bolton, representing the Triad Consolidated Pilot, testified in favor of the bill. She said the pilot includes ten sites. She described specific examples of how the program has served children successfully.

07:34 PM

Representative King discussed potential fiscal issues pertaining to the fees.

07:39 PM -- Leslie Bulicz, Colorado Department of Human Services, provided additional information about the status of the fees and the cash funds.


BILL:	HB05-1238
TIME:	07:42:11 PM
MOVED:	Larson
MOTION:	Moved amendment L.001 (Attachment U). The motion passed without objection.
SECONDED:	Paccione
		VOTE
	Balmer	Excused
	Benefield
	King
	Larson
	McKinley
	Penry
	Pommer	Excused
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB05-1238
TIME:	07:45:01 PM
MOVED:	Paccione
MOTION:	Moved to refer House Bill 05-1238 to the Committee on Appropriations, as amended. The motion passed on an 11-0-2 roll call vote.
SECONDED:	Larson
		VOTE
	Balmer	Excused
	Benefield	Yes
	King	Yes
	Larson	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	Excused
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

07:45 PM

The committee adjourned.