Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:02/07/2006
ATTENDANCE
Time:10:02 AM to 02:06 PM
Benefield
X
King
X
Place:HCR 0107
Larson
X
Massey
X
This Meeting was called to order by
McKinley
X
Representative Merrifield
Penry
E*
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:
HB06-1034
HB06-1064
HB06-1160
HB06-1158
HB06-1150
Postponed Indefinitely
Postponed Indefinitely
Witness Testimony Only
Amended, Referred to Business Affairs and Labor
Witness Testimony Only

10:03 AM -- Call to Order


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

10:03 AM -- House Bill 06-1034

Representative King reviewed the provisions of House Bill 06-1034, concerning special education funding. The committee heard witness testimony on the bill at its meeting on February 2nd. He asked that Carolyn Kampman, Joint Budget Committee staff, come to the table. She reviewed two hand-outs, one regarding excess costs for students in eligible facilities and one indicating the potential phase-in of a flat per pupil funding formula in the bill (Attachments A and B). She discussed potentially amending the bill to add an inflationary increase for those districts being "held harmless" at FY 2005-06 funding levels. She stated that the final count of special education students as of December 2005 was included in her second document (Attachment B).

10:13 AM

Ms. Kampman responded to questions regarding funding under the current funding allocations and districts that may benefit under the provisions of House Bill 06-1034. There was committee discussion about the high-cost pool and about current funding allocated to eligible facilities. Representative King reviewed the types of students who are placed in eligible facilities under court order. Representative Pommer asked about provisions for auditing of data once a high-cost pool was implemented.


10:24 AM

Charm Paulmeno, representing the Colorado Department of Education (CDE), came to the table to respond to questions regarding funding for students placed in eligible facilities. Ms. Paulmeno explained that the CDE sets the rate of reimbursement for excess costs. Ms. Paulmeno responded to questions regarding the types of data that CDE is able to collect regarding eligible facilities.

10:27 AM

Representative King explained amendments L.002 and L.003 (Attachments C and D).
BILL:HB06-1034
TIME: 10:28:12 AM
MOVED:King
MOTION:Moved amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:Rose
VOTE
Benefield
King
Larson
Massey
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:HB06-1034
TIME: 10:33:07 AM
MOVED:King
MOTION:Moved amendment L.003 (Attachment D). The motion passed on an 11-2 roll call vote.
SECONDED:Larson
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
Yes
McKinley
No
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
No
Not Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


10:36 AM

The committee continued to discuss the changes that the bill would make to special education funding.
BILL:HB06-1034
TIME: 10:37:28 AM
MOVED:King
MOTION:Moved to refer HB 06-1034 to the Committee on Appropriations. The motion failed on a 6-7 roll call vote.
SECONDED:Rose
VOTE
Benefield
No
King
Yes
Larson
Yes
Massey
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:HB06-1034
TIME: 10:38:27 AM
MOVED:Paccione
MOTION:Moved to postpone indefinitely HB06-1034. The motion passed on a 7-6 roll call vote.
SECONDED:Merrifield
VOTE
Benefield
Yes
King
No
Larson
No
Massey
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

10:45 AM -- House Bill 06-1064

Representative Butcher reviewed the provisions of House Bill 06-1064, concerning reporting of student performance on assessments administered under the Colorado Student Assessment Program (CSAP). Representative Butcher reviewed her interest in education issues in her House district. Representative Butcher discussed her concerns with the CSAP assessments and reviewed the provisions in her bill for school districts that enroll at least 12,000 students to report student performance on a pass-fail report.

10:51 AM

Representative Butcher continued her discussion of CSAP reporting using information generated for schools in her district. Representative King commented on the use of terms in the CSAP and under the federal "No Child Left Behind Act," particularly the use of "partially proficient" and "proficient" for students, as well as the use of the category of "unsatisfactory" for schools.



10:57 AM

Representative Pommer asked further questions of Representative Butcher regarding student data and the percentages used in the reporting of student performance. Representative Butcher continued to discuss the goals of her bill. She also discussed the threshold of 12,000 students utilized in the bill.
BILL:HB06-1064
TIME: 11:07:39 AM
MOVED:White
MOTION:Moved to refer HB 06-1064 to the Committee of the Whole with favorable recommendation. The motion failed on a 4-9 roll call vote.
SECONDED:Massey
VOTE
Benefield
No
King
No
Larson
No
Massey
Yes
McKinley
Yes
Penry
No
Pommer
No
Rose
Yes
Solano
No
Todd
No
White
Yes
Paccione
No
Merrifield
No
Not Final YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL

BILL:HB06-1064
TIME: 11:10:09 AM
MOVED:Paccione
MOTION:Moved to postpone indefinitely HB 06-1064. The motion passed on an 8-4 roll call vote.
SECONDED:Larson
VOTE
Benefield
Yes
King
No
Larson
Yes
Massey
No
McKinley
No
Penry
Excused
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

11:12 AM -- House Bill 06-1160

Representative Butcher reviewed the provisions of House Bill 06-1160, concerning the inclusion of certain schools in the second chance program for problem students. She responded to questions regarding the provisions for diplomas given to students in alternative programs.

11:14 AM

The following persons testified:

11:14 AM -- Juanita Fuentes, representing Pueblo Community College, testified in support of the bill and described the alternative high school program at Pueblo Community College. She distributed a packet of information (Attachment E). She indicated that the program served a variety of students, including dropouts from standard high school programs. She responded to questions regarding how her program would change under the bill, indicating that the program might be able to serve more students.

11:24 AM

Representative Butcher responded to questions about ability of community colleges to receive funding for high school coursework. Ms. Fuentes answered questions from committee members about the curriculum offered under the program.

11:32 AM

Representative Butcher provided a further explanation of the students participating in the current program at Pueblo Community College. She indicated that the bill would give a community college more authority in administering an alternative diploma program.



11:36 AM --
Dr. Edmund Vallejo, representing himself, and Corry Higbee, representing Pueblo Community College, came to the table to testify in favor of the bill. Mr. Higbee provided a further description of the program. Dr. Vallejo discussed his experience with Pueblo School District #60 and said that the program is a competency-based program. There were committee questions regarding how high school course requirements correspond to the diploma offered by Pueblo Community College. Mr. Higbee discussed how the provisions of the bill would give the community college access to a wider pool of students.

11:46 AM

The committee continued to discuss the provision for a community college to become an eligible provider of an alternative diploma program and the associated funding provisions. Mr. Higbee continued to describe specific requirements in the current program at Pueblo Community College.

11:58 AM -- Vody Herrmann, Colorado Department of Education, came to the table to respond to committee questions. She indicated that school districts have not utilized the Second Chance Program in statute, but rather have contracted for these types of services.

11:59 AM --
David Smith, Colorado Department of Education, responded to questions regarding the changes that the bill would make to current law. He responded to questions regarding approval of an alternative diploma program under the bill.

12:02 PM -- LeeRoy Martinez, representing the alternative diploma program at Pueblo Community College, testified in support of the bill. He described the students in the program. He further explained the rubric that the college uses to determine competencies.

12:12 PM -- Nicole Norris, current student in an alternative program at Pueblo Community College, testified in support of the bill. She described her experience in the program.

12:14 PM -- Nancy Jo Leyba, representing herself as a graduate of the alternative diploma program at Pueblo Community College, testified in favor of the bill.

12:19 PM -- Elisia Espineiser, representing herself as a graduate of the alternative diploma program at Pueblo Community College, testified in favor of the bill. She described her experience in the program.

12:23 PM -- Lauren Kingsbery, representing the Colorado Association of School Boards (CASB), spoke to the bill. She encouraged the committee to consider the authority given to the community colleges in the bill and said that CASB opposed the bill.

12:28 PM -- Mitchell Rasmussen, representing himself as a graduate of the alternative diploma program at Pueblo Community College, testified in favor of the bill. Mr. Rasmussen described his experience in the program and said that it was helpful because it was work-related.

12:30 PM

The bill was laid over until the committee's meeting on Thursday, February 9th.



12:31 PM -- House Bill 06-1158

Representative Weissmann reviewed the provision of House Bill 06-1158, concerning school safety inspections. He indicated that the bill would transfer responsibility for inspecting public schools and junior colleges from the Department of Labor and Employment to the Department of Public Safety.

12:38 PM

The following persons testified:

12:39 PM --
Lauren Kingsbery, representing the Colorado Association of School Boards, said that CASB is monitoring the bill and that it shares concerns about timely inspection reviews for school construction. She responded to questions from committee members regarding the current process for inspections.

12:44 PM -- Kevin Klein, representing the state Fire Chiefs Association, testified in support of the bill. He described the current process and addressing new construction through the provisions in the bill.

12:52 PM

Mr. Klein responded to questions regarding questions that arise with school construction. Representative Larson commented on the current process and asked about the fee charged for inspections. He asked whether the school districts he represents would incur additional costs under the system proposed by the bill.

12:58 PM

Representative Benefield offered current information regarding inspections conducted for Jefferson County Schools. Mr. Klein responded to Representative Benefield's comments and said that the bill was tailored to make sure that the fees were cost-effective for districts. Representative King discussed the involvement of fire departments in plan review in school districts in El Paso County.

01:07 PM -- Rob Giesling, representing the Fire Marshals of Colorado, testified in support of the bill. He said that school districts have worked hard to make the current system work. However, he also described two specific examples of school construction inspections in which the construction did not meet construction plans or code requirements.




01:14 PM -- Dick Piper, Division of Oil and Public Safety, Department of Labor and Employment, responded to previous testimony and to questions about the current system for inspections in school districts.
BILL:HB06-1158
TIME: 01:19:41 PM
MOVED:White
MOTION:Moved amendment L.001 (Attachment F). The motion passed without objection.
SECONDED:Paccione
VOTE
Benefield
King
Larson
Massey
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:HB06-1158
TIME: 01:20:26 PM
MOVED:White
MOTION:Refer HB 06-1158, as amended, to the Committee on Business Affairs and Labor Committee. Representative Larson made a substitute motion (see vote sheet below). The substitute motion having been withdrawn, the committee voted on the original motion. The motion passed on a 12-1 roll call vote.
SECONDED:Paccione
VOTE
Benefield
Yes
King
No
Larson
Yes
Massey
Yes
McKinley
Yes
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES: 12 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1158
TIME: 01:20:43 PM
MOVED:Larson
MOTION:Moved a substitute motion to postpone indefinitely HB 06-1158. The motion was withdrawn.
SECONDED:King
VOTE
Benefield
King
Larson
Massey
McKinley
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE



01:23 PM -- House Bill 06-1150

Representative Hefley reviewed the provisions of House Bill 06-1150, concerning standards within the statewide system of public education. She discussed her reasons for bringing the bill and said that establishing uniform dates for public school classes would assist families that move within the state. She addressed concerns that may be raised concerning local control.

01:32 PM

Representative Hefley reviewed several current statutory provisions that set statewide standards, including accreditation. She stated that other states are considering setting statewide dates for public school classes. She said that having different dates set by local school districts hurts businesses and families. She also noted the impact of the current school district schedules on attendance at the Colorado State Fair.

01:40 PM

Representative Hefley responded to questions about the impact of the bill on the current differentiation in annual classroom hour requirements for elementary and secondary schools.

01:44 PM

The following persons testified:

01:44 PM --
Jerry McLain, representing the American Camp Association, testified in support of the bill. He testified that families would benefit from standardized school dates. He further testified that children need time in and exposure to the outdoors in the summer.

01:47 PM -- Bill Darrough, representing himself as a parent and Camp Timberline, Inc., in Estes Park, testified in support of the bill.

01:50 PM -- Kitty Clemens, representing herself, testified in support of the bill.

01:53 PM --
Craig Reed, representing the Broadmoor Hotel, testified in support of the bill. He spoke to the economic impact of school years beginning in August and the employment opportunities missed by high school students.

01:59 PM --
Ilene Kamsler, representing Colorado Hotel and Lodging, testified in support of the bill and provided two documents for the record (Attachments G and H).

02:01 PM -- Christie O'Donnell, representing the Colorado Restaurant Association, testified in support of the bill.

02:02 PM -- Paula Stephenson, representing the Rural Schools Caucus, testified in opposition to the bill. She testified that it usurped local control and was a one-size-fits-all solution.

02:04 PM -- Phil Fox, representing the Colorado Association of School Executives, testified in opposition to the bill.



02:06 PM

The bill was laid over until the committee's February 9th meeting.

02:06 PM

The committee adjourned.