Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:01/26/2006
ATTENDANCE
Time:02:59 PM to 05:41 PM
Benefield
X
King
E*
Place:HCR 0107
Larson
E*
Massey
E*
This Meeting was called to order by
McKinley
X
Representative Merrifield
Penry
E*
Pommer
E*
This Report was prepared by
Rose
X
Cathy Eslinger
Solano
X
Todd
E*
White
X
Paccione
X
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1056
HB06-1098
HB06-1093
HB06-1004
Referred to the Committee of the Whole
Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Witness Testimony Only


02:59 PM -- House Bill 06-1056

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

02:59 PM

Representative Madden reviewed the provisions of House Bill 06-1056, concerning the provision of healthy nutrition alternatives in public schools. The bill requires each school board to adopt a policy by the 2008-09 school year providing that at least 50 percent of vending machine offerings meet acceptable nutritional standards. She discussed her reasons for bringing the bill and said that the bill allows school districts to honor existing contracts.

03:02 PM

The following persons testified:

03:02 PM --
Terry Curran, representing the Committee for Progress in School Nutrition (CPSN), testified in support of the bill. She said that currently only about 12 percent of school districts have adopted the voluntary requirements. She discussed concerns that students and parents have raised about current offerings in vending machines. Representative Penry asked questions about why parents could not pressure their school district to change vending machine offerings without changes to state law.



03:08 PM --
Erin Bertoli, representing the American Heart Association, testified in support of the bill. She noted the impact of cardiovascular disease and obesity on student health. She stated that poor nutrition and a sedentary lifestyle are posing a grave risk to Colorado students. Ms. Bertoli responded to questions regarding the statistics she had cited.

03:12 PM

Lauren Kingsbery, representing the Colorado Association of School Boards (CASB), shared information and said that CASB has not taken an official position on the bill. She provided copies of a school board policy newsletter published by CASB and a sample school wellness policy (Attachments A and B). She referred to current law that encourages school districts to adopt the policies contemplated in House Bill 06-1056. She responded to questions from Representative White about possible infringement on local control. Ms. Kingsbery said that CASB is encouraging dialogue within school districts.

03:21 PM --
Vicki Newell, representing the Colorado Parent-Teacher Association, testified in support of the bill. She noted that school nutrition and vending machine offerings are a public health issue and that schools need to represent a good example for students.

03:23 PM --
Rick Metz, representing himself as a former physical education teacher and the Colorado Association for Health, Physical Education, Recreation and Dance, testified in support of the bill.

03:25 PM

Cindy French, representing the Colorado Dairy Farmers, testified in support of the bill. She distributed two documents (Attachments C and D). Ms. French mentioned the nutritional comparisons shown in one of her documents between milk and a variety of other beverages.

03:28 PM

Dick Brown, representing the Colorado Beverage Association, stated that the association had no official position on the bill. He distributed a hand-out and said that he was happy to respond to any questions (Attachment E).

03:31 PM --
Becky Creighton, representing herself, testified in support of the bill. She described her perspective as a parent and spoke to the snack offerings in her son's school. She said that she sees the issue as a matter of offering students a choice, and not as a partisan issue.


03:34 PM

Representative Madden made closing comments on the bill and framed the bill as an investment in kids.
BILL:HB06-1056
TIME: 03:35:58 PM
MOVED:Paccione
MOTION:Refer House Bill 06-1056 to the Committee of the Whole with favorable recommendation. The motion passed on a 10-3 roll call vote.
SECONDED:Todd
VOTE
Benefield
Yes
King
No
Larson
Yes
Massey
Yes
McKinley
Yes
Penry
No
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
No
Paccione
Yes
Merrifield
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:36 PM -- House Bill 06-1098

Representative Cloer reviewed the provisions of House Bill 06-1098, concerning the inclusion of mental health in-service programs in professional development options for public school educators. He described his reasons for bringing the legislation and said that he wanted educators to be able to gauge suicide warning signs in students. Representative Cloer provided a hand-out of statistics compiled by the Colorado Department of Public Health and Environment (Attachment F).

03:43 PM

The following persons testified:

03:43 PM --
Michael Brewer, representing Equal Rights Colorado, testified in support of the bill and described the impact of mental health issues on gay, lesbian, and bisexual youth.

03:45 PM --
Rob Hernandez, representing the Colorado branch of the National Alliance on Mental Illness (NAMI), testified in support of the bill. He said that the bill could help provide a support system for youth at risk of suicide.

03:47 PM --
Vicki Newell, representing the Colorado Parent-Teacher Association, testified in support of the bill. She spoke to the problem of youth suicide.

03:49 PM --
Chris Habgood, representing the Mental Health Association of Colorado, testified in support of the bill. He discussed the state's rate of youth suicide as a critical problem.



03:51 PM --
Mark Alford, representing the Jason Foundation (JFI), a national organization for suicide prevention, testified in support of the bill. He provided a copy of a letter to Representative Cloer from the JFI (Attachment G). Representative Cloer responded to questions regarding current prevention efforts in school districts. Representative Larson commented on suicide prevention efforts in his district.

03:52 PM --
Dale Emme, representing the Yellow Ribbon International, a suicide prevention program, spoke to the efforts of his organization to work with schools and teachers. He voiced support for House Bill 06-1098. He said that the legislation could help teachers and could lower the liability for a teacher and a school district. He also noted that Colorado ranks among the top states in the country in youth suicide rates.

4:00 PM

Several committee members made final comments about past experiences and expressed appreciation to Representative Cloer for bringing the legislation.
BILL:HB06-1098
TIME: 04:00:48 PM
MOVED:Larson
MOTION:Refer House Bill 06-1098 to the Committee of the Whole with favorable recommendation. The motion passed on a 13-0 roll call vote.
SECONDED:Solano
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
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

04:06 PM -- House Bill 06-1093

Representative White reviewed the provisions of House Bill 06-1093, concerning Colorado Northwestern Community College. He described the provisions for a ballot issue that would be submitted to the voters of the Moffat Country affiliated junior college district. The proposed ballot issue would determine whether to extend indefinitely the mill levy and the Moffat County affiliated junior college district for Colorado Northwestern Community College.

04:09 PM

The following persons testified:

04:09 PM -- Chris Rizzuto, representing Colorado Northwestern Community College, testified in support of the bill. He discussed the provisions for a vote and described the need to extend the mil levy. He responded to questions about the need for legislation in order to place the issue on the ballot.

04:12 PM --
Kandy Kropinak, representing Moffat County and Colorado Northwestern Community College, testified in support of the bill. She expressed a hope that voters would have an opportunity to vote on the extension of the mill levy.
BILL:HB06-1093
TIME: 04:13:13 PM
MOVED:White
MOTION:Moved amendment L.002 (Attachment H). The motion passed without objection.
SECONDED:Rose
VOTE
Benefield
King
Larson
Massey
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:HB06-1093
TIME: 04:13:44 PM
MOVED:White
MOTION:Moved amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:Merrifield
VOTE
Benefield
King
Larson
Massey
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:HB06-1093
TIME: 04:14:20 PM
MOVED:White
MOTION:Refer House Bill 06-1093, as amended, to the Committee of the Whole. The motion passed on a 12-0 roll call vote.
SECONDED:Rose
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
Yes
McKinley
Yes
Penry
Yes
Pommer
Excused
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:19 PM -- House Bill 06-1004

Representative Merrifield announced that the committee would hear public testimony on House Bill 06-1004, but would not take action on the bill until its next meeting. Representative Green reviewed the provisions of House Bill 06-1004, concerning the creation of a grant program to provide funding for organizations that supply accessible educational materials for students with print disabilities. She indicated that amendments may be offered.

04:20 PM

The following persons testified:

04:20 PM --
Lisa McGill, representing herself and student with disabilities, testified in support of the bill. She responded to questions from Representative King about current requirements in school districts and resource access for students who do not have Individual Education Programs (IEPs). Representative Penry asked additional questions about the implementation of the bill's provisions and the impact on school districts. There was additional questioning about the distribution of the grants.

04:29 PM

Priscilla Jones, representing herself as a college student, described her early childhood and school experiences as a person with a sight disability. She testified in support of the bill. She said that she was first introduced to audio textbooks as a student at Metropolitan State College, and subsequently has graduated and enrolled in the University of Colorado at Denver Graduate School of Public Affairs.



04:32 PM --
Christine Goff, representing herself as a parent of two dyslexic children, testified in support of the bill. She provided statistics on the extent of dyslexia across the population. Ms. Goff relayed her experiences with her daughter and her daughter's early elementary school years. Ms. Goff conducted research on the issue of dyslexia and began accessing the Colorado Talking Book Library. She further described the assistance that audio textbooks have provided to both of her daughters. Representative King asked questions about how Ms. Goff had accessed and paid for the resources at the Colorado Talking Book Library. He also discussed whether an IEP could help provide access to needed resources. Ms. Goff indicated that she had paid for the testing and resources provided to her daughters.

04:42 PM

Representative Larson commented on the need to recognize dyslexia as a learning disability and to elevate public understanding of the issue. Ms. Goff responded with further comments on the assistance that the right resources can provide. Representative Larson asked further questions about the availability of testing. Ms. Goff reviewed her experiences with testing through Children's Hospital. Representative Solano followed up with questions regarding whether Ms. Goff's daughters had participated in the Colorado Student Assessment Program (CSAP). Ms. Goff indicated that they had not.

04:48 PM --
Elenn Steinberg, representing the International Dyslexia Association (Rocky Mountain branch), testified in support of the bill. She also described her experiences as a parent of a dyslexic child. She depicted the challenges that dyslexic children face in completing reading assignments. In response to questions from committee members, Ms. Steinberg provided a technical definition of dyslexia.

04:58 PM --
Cathy Bodine, representing Assistive Technology Partners at the University of Colorado at Denver and Health Sciences Center, testified in support of the bill. She reviewed the goals of her partnership, which is comprised of 27 faculty and staff. Dr. Bodine further described her participation in the Assistive Technology coalition that includes the Colorado Department of Education (CDE). She said that her understanding of the bill is that the Assistive Technology Partners would assist in administering the grant program. Representative King asked questions about current funding mechanisms. Dr. Bodine said that this legislation addresses the needs of students whose needs are not currently being met through special education programs.

05:08 PM

Representative King asked about the availability of federal funding. Ms. Bodine said that she would do further research on the issue. Representative King also asked about the fiscal impact of the bill. Representative Green said that she is looking at amendments to appropriate the funding in one sum, but distribute the moneys over five years.

05:12 PM

Jane Ritter, Office of Legislative Legal Services, came to the table to respond to questions about potential amendments.

05:13 PM

Dr. Bodine provided further explanation about current programs and the manner in which the legislation would provide additional tools, training, and access to assistive technology. She described the legislation as establishing a new program for students who do not currently have access to resources. Representative King expressed his concern about utilizing General Fund moneys to establish a new program.



05:19 PM --
Tanni Anthony and Byron Pendley, CDE, came to the table to respond to questions. Mr. Pendley responded to questions about the potential for federal funding in regard to this program. He said that it may be appropriate to access federal Individuals with Disabilities Education Act (IDEA) moneys available for early identification of student needs. Representative Paccione said that she feels the bill specifically targets students who are not being provided special education services. Representative King made further comments about federal special education funding.

05:27 PM

Ms. Anthony discussed the importance of distinguishing between those visually impaired students who have an IEP and those general population students, termed "504s" who may be provided certain accommodations. Mr. Pendley reviewed different categories of students who may or may not have access to services. Representative Penry raised questions regarding the simplifying the grant process in the bill.

05:33 PM --
Pat Steadman, representing the Colorado Association of Family and Children's Associations, testified about the association's support of the bill and the potential for other amendments to bring "eligible facilities," or residential treatment facilities into the legislation.
.
05:35 PM --
Vicki Newell, representing the Colorado Parent-Teacher Association, testified in support of the bill. She described her son's experience as a student who does not currently have access to resources.

05:39 PM

Representative King and Representative Merrifield made requests regarding the committee's consideration of the legislation and potential amendments next week.


05:41 PM

The committee adjourned.