House Committee on Education (03/16/2006)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	03/16/2006	ATTENDANCE

Time:	01:35 PM to 04:11 PM	Benefield	X
		King	X
Place:	HCR 0107	Larson	*
		Massey	X
This Meeting was called to order by		McKinley	X
	Representative Merrifield	Penry	*
		Pommer	*
This Report was prepared by		Rose	*
	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:
HB06-1283 SB06-119 SB06-067 SB06-042		Amended, Referred to Appropriations Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:35 PM -- Call to Order

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

01:36 PM -- House Bill 06-1283

Representative Merrifield, prime sponsor, brought House Bill 06-1283, concerning a requirement that each school district spend at least a specified percentage of its total operational expenditures on services that directly affect student achievement. The committee heard public testimony at its meeting on March 10, and the bill was placed before the committee for action only.


BILL:	HB06-1283
TIME:	01:36:26 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.010 (Attachment A). The motion passed without objection.
SECONDED:	Paccione
		VOTE
	Benefield
	King
	Larson
	Massey
	McKinley
	Penry	Excused
	Pommer	Excused
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB06-1283
TIME:	01:37:30 PM
MOVED:	Merrifield
MOTION:	Moved amendment L.012 (Attachment B). The motion passed without objection.
SECONDED:	Paccione
		VOTE
	Benefield
	King
	Larson
	Massey
	McKinley
	Penry	Excused
	Pommer	Excused
	Rose
	Solano
	Todd
	White
	Paccione
	Merrifield
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

1:40 PM

The committee discussed the items that would be included in the 65 percent requirement. Representative Merrifield referred to two hand-outs (Attachments C and D).


BILL:	HB06-1283
TIME:	01:47:02 PM
MOVED:	King
MOTION:	Moved amendment L.006 (Attachment E). The motion failed on a 3-10 roll call vote.
SECONDED:	Rose
		VOTE
	Benefield	No
	King	Yes
	Larson	No
	Massey	No
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	No
	Paccione	No
	Merrifield	No
Not Final YES: 3 NO: 10 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1283
TIME:	01:52:18 PM
MOVED:	King
MOTION:	Moved amendment L.004 (Attachment F). The motion failed on a 4-9 roll call vote.
SECONDED:	Penry
		VOTE
	Benefield	No
	King	Yes
	Larson	Yes
	Massey	No
	McKinley	No
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	No
	Paccione	No
	Merrifield	No
Not Final YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1283
TIME:	01:55:46 PM
MOVED:	King
MOTION:	Moved amendment L.005 (Attachment G). The motion failed on a 4-9 roll call vote.
SECONDED:	Rose
		VOTE
	Benefield	No
	King	Yes
	Larson	No
	Massey	No
	McKinley	No
	Penry	Yes
	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:	HB06-1283
TIME:	01:57:00 PM
MOVED:	King
MOTION:	Moved amendment L.003 (Attachment H). The motion failed on a 2-11 roll call vote.
SECONDED:	Rose
		VOTE
	Benefield	No
	King	Yes
	Larson	No
	Massey	No
	McKinley	No
	Penry	No
	Pommer	No
	Rose	Yes
	Solano	No
	Todd	No
	White	No
	Paccione	No
	Merrifield	No
Not Final YES: 2 NO: 11 EXC: 0 ABS: 0 FINAL ACTION: FAIL

2:02 PM

Committee members made final remarks on the bill and on placing such a requirement in state law. Representative Merrifield discussed his reasons for bringing the bill and the response the bill makes to a ballot measure.


BILL:	HB06-1283
TIME:	01:59:56 PM
MOVED:	Merrifield
MOTION:	Refer HB06-1283, as amended, to the Committee on Appropriations. The motion passed on a 7-6 roll call vote.
SECONDED:	Paccione
		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

02:13 PM -- Senate Bill 06-119

Representative Garcia, prime sponsor, reviewed the provisions of Senate Bill 06-119, concerning an increase in the aggregate outstanding principal amount of bonds that may be secured by the state's moral obligation to the Colorado Educational and Cultural Facilities Authority. He described the current state moral obligation protection mechanisms and distributed a hand-out (Attachment I).

02:21 PM

The following persons testified:

02:21 PM -- JoAnn Soker, representing the Colorado Cultural Educational and Facilities Authority, indicated that she was available as a resource and to respond to questions. She discussed the role of the authority in issuing bonds for eligible charter schools and the limit that is being addressed in the bill. Ms. Soker responded to questions about charter schools' ability to achieve a qualifying rating and the national agencies that review the financial picture of entities.

02:26 PM -- Ben Stein, Deputy State Treasurer, testified in support of the bill and described the current state of Colorado charter school bonds. He utilized a chart that was distributed to the committee members (Attachment J). The chart indicated which charter schools are currently participating in the moral obligation program. He responded to questions about charter schools that have issued bonds outside of the program. Representative King commented on charter schools in the Colorado Springs area.

02:31 PM -- Jason Guerrero, representing Cesar Chavez Academy in Pueblo School District, testified to the needs of his school and indicated that Cesar Chavez Academy is in the process of seeking to qualify for bonding.

02:34 PM -- Russell Caldwell, representing D.A. Davidson, testified in favor of the bill and provided some history and background on the assistance given to qualified charter schools through the moral obligation program. He said that the program helps equalize the cost of capital for charter schools.


BILL:	SB06-119
TIME:	02:40:47 PM
MOVED:	Benefield
MOTION:	Refer SB06-119 to the Committee of the Whole. The motion passed on a 10-2-1 roll call vote.
SECONDED:	McKinley
		VOTE
	Benefield	Yes
	King	Yes
	Larson	Excused
	Massey	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	No
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	No
Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

02:43 PM -- Senate Bill 06-067

Representative Kerr, prime sponsor, reviewed the provisions of Senate Bill 06-067, concerning suicidal behavior among students in higher education. He discussed his reasons for bringing the bill.

02:46 PM

Representative Kerr responded to questions about the institutions that would participate in the pilot program and the implementation of such a program. Representative King asked questions about the applicability of the bill. Committee members continued to discuss whether the scope of the bill is too limited. Representative Kerr also responded to questions about the manner in which concerns about a student would be reported.

02:53 PM

Representative Paccione raised questions regarding existing programs at higher education institutions that may work in tandem with the provisions of the bill.

02:56 PM

The following persons testified:

02:56 PM -- Dick and Lydia McKee, representing themselves as parents, testified in support of the bill. Mr. McKee told the story of the loss of his son.

03:07 PM

Mr. McKee continued his discussion of his son's behavior prior to committing suicide. He responded to questions about the work that had been done in drafting the bill in its current form. He distributed a letter he received from Adams State College (Attachment K).

03:16 PM

The committee continued to discuss whether the program should be mandatory and the nexus with confidentiality issues. Mr. and Ms. McKee responded to questions about which students would choose to sign up for the program.

03:23 PM

The committee discussed potential amendments to the bill.

03:23 PM -- Adams Miller, an attorney representing Patton Boggs, testified and provided responses to committee questions. He raised the issues facing institutions, including privacy laws. He said that the bill is intended to be a tool for institutions.

03:29 PM

The committee raised questions regarding amendments made to the bill in the Senate. Mr. Miller responded to questions about the impact of the bill on liability of institutions. Representative Penry spoke to his support for broadening the scope of the bill.
03:34 PM

Representative Paccione said that she supported maintaining some flexibility for institutions. Mr. Miller responded to additional questions about the discussion and process of amending the bill in the Senate. Representative Massey commented on the forms currently required in conjunction with enrollment in postsecondary institutions. Mr. Miller expressed concern about a requirement for involving a parent in the program.

03:42 PM -- Dale Emme, representing the Yellow Ribbon Suicide Prevention Program, testified in support of the bill. He described the work of his program and the types of initiatives taking place in other states. He commended the committee for its consideration of the bill.


BILL:	SB06-067
TIME:	03:52:55 PM
MOVED:	King
MOTION:	Moved amendment L.004 (Attachment L). 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:	SB06-067
TIME:	03:53:50 PM
MOVED:	Penry
MOTION:	Moved amendment L.005 (Attachment M). Representative Penry further moved a conceptual amendment to amendment L.005 (see vote sheet below). The committee voted on amendment L.005, as amended. The motion passed without objection.
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: Pass Without Objection


BILL:	SB06-067
TIME:	03:54:07 PM
MOVED:	Penry
MOTION:	Moved a conceptual amendment to amendment L.005, to allow for multiple persons to be designated on a consent form, and to make necessary conforming amendments. The motion passed without objection.
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: Pass Without Objection


BILL:	SB06-067
TIME:	04:03:30 PM
MOVED:	Paccione
MOTION:	Refer SB 06-067, as amended, to the Committee of the Whole. The motion passed on a 12-0-1 roll call vote.
SECONDED:	Todd
		VOTE
	Benefield	Yes
	King	Yes
	Larson	Excused
	Massey	Yes
	McKinley	Yes
	Penry	Yes
	Pommer	Yes
	Rose	Yes
	Solano	Yes
	Todd	Yes
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:06 PM -- Senate Bill 06-042

Representative King, prime sponsor, reviewed the provisions of Senate Bill 06-042, concerning technical revisions to provisions affecting funding for certain charter schools. He informed the committee that the bill was recommended by the Interim Committee on School Finance.


BILL:	SB06-042
TIME:	04:09:20 PM
MOVED:	King
MOTION:	Refer SB06-042 to the Committee of the Whole. The motion passed on a 10-0-3 roll call vote.
SECONDED:	Rose
		VOTE
	Benefield	Yes
	King	Yes
	Larson	Excused
	Massey	Yes
	McKinley	Yes
	Penry	Excused
	Pommer	Yes
	Rose	Yes
	Solano	Yes
	Todd	Excused
	White	Yes
	Paccione	Yes
	Merrifield	Yes
Final YES: 10 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: PASS

04:11 PM

The committee adjourned.