FIRST Conference Committee on HB06-1375 (04/10/2006)

STAFF SUMMARY OF FIRST MEETING OF

FIRST CONFERENCE COMMITTEE ON HB06-1375

Date:	04/10/2006	ATTENDANCE

Time:	01:59 PM to 04:47 PM	Merrifield	X
		Williams	X
Place:	SCR 356	King	X
		Spence	X
This Meeting was called to order by		Windels	X
Representative Pommer		Pommer	X
This Report was prepared by
Cathy Eslinger

01:59 PM -- Call to Order

The meeting was called to order by the chairman, Representative Pommer. He announced that the committee would work from the rerevised version of the bill and that the committee would walk through the bill with the use of a comparative document prepared by the Office of Legislative Legal Services (OLLS), which provides a comparison of the reengrossed and rerevised versions of House Bill 06-1375 (Attachment A).

02:00 PM -- House Bill 06-1375

The committee discussed section four of the rerevised bill, concerning juvenile detention services and facilities. Nicole Hoffman, Office of Legislative Legal Services (OLLS), responded to questions regarding the way that school districts pay the costs incurred by the school district in reimbursing a school district that provides services to a juvenile detention facility.

02:04 PM

Deb Godshall, Legislative Council Staff, came to respond to additional questions regarding the charges to school districts for the students from their district that are in juvenile detention facilities. The committee discussed the way that students within a school district are in a detention facility and a facility "catchment area" and the way that school districts are charged for reimbursement costs. Representative Pommer commented on the charging based on the proportion that the school district, each charter school of the district, and each institute charter school located in the district bears to the total district enrollment.

02:08 PM

Vody Herrmann, Colorado Department of Education, came to the table to respond to questions. She said that two ways of billing were taking place in regard to charges for juvenile detention services and said that the original intent of the section of the bill was to clarify existing law. Representative King asked further questions regarding students from a charter school or institute charter school in a detention center. Ms. Herrmann clarified that the provisions of this section do not pertain to special education costs.


BILL:	HB06-1375
TIME:	02:12:15 PM
MOVED:	Windels
MOTION:	Adopt Sections 1,2,3,4 and 57 (8) (a) and (8)(b) of the rerevised bill. At the request of staff, Senator withdrew her original motion. Senator Windels moved a subsequent motion to adopt Sections 1,2,3, and 4 of the rerevised bill. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:14 PM

Senator Windels said that Section 6 addresses reimbursement of excess tuition costs for special education. She suggested limiting the charges for excess costs to students who qualify for "Tier B" students and discussed the criteria for "Tier B" students. These students must have one of more disabilities as specified in law. Senator Windels indicated that the amendment is being drafted. Ms. Hoffman indicated that the amendment was being drafted to include a report from the State Board of Education on the issue as well. Senator Windels and Representative Pommer discussed the manner in which "Tier B" and "Tier C" students would qualify for grant funding. Representative Pommer and Representative King discussed the distribution of special education funding and the reimbursement by the school district of residence to the school district of attendance.


BILL:	HB06-1375
TIME:	02:23:28 PM
MOVED:	Williams
MOTION:	Moved the conceptual amendment for the amendment of Section 6, as discussed, to limiting charges for excess costs to "Tier B" students. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:24 PM

Senator Windels discussed a concern that had arisen concerning whether high-cost grant program established a new categorical. Senator Windels suggested amending the rerevised bill to refer to the high-cost grant program as "Tier C," with all moneys flowing under the special education categorical. Representative King commented on the context of the budget for these programs. Representative Pommer responded by saying that the Governor's staff was considering the special education categorical in a larger context. Senator Spence asked for further clarification on the determination of a $6,000 threshold to represent high-cost students. Representative Pommer said that the goal was trying to represent the high-cost students, while recognizing budgetary constraints. Senator Windels made further comments on the issue.


BILL:	HB06-1375
TIME:	02:32:08 PM
MOVED:	Windels
MOTION:	Adopt Section 7 and Section 8 of the rerevised bill, with a conceptual amendment to make high cost grant program the "Tier C" component. The motion passed on a 6-0 roll call vote.
SECONDED:	King
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:34 PM

Representative Pommer discussed Sections 9, 10, and 11 of the rerevised bill, which pertain to applications for conversion to a charter school. Representative King indicated that he wished to retain the working group on the issue.


BILL:	HB06-1375
TIME:	02:35:25 PM
MOVED:	King
MOTION:	Moved to strike Sections 9 and 10 of the rerevised bill and retain Section 11 of the rerevised bill. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:36 PM

Representative King discussed the provisions to reinstate the summer school grant program. A handout of the relevant statutory provisions was distributed (Attachment B). Representative King went through the history of the program.


BILL:	HB06-1375
TIME:	02:38:02 PM
MOVED:	King
MOTION:	Sections 10 and 47(4) from the reengrossed bill be reinstated in the rerevised bill.
SECONDED:	Spence
		VOTE
	Merrifield
	Williams
	King
	Spence
	Windels
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE

02:36 PM

Senator Windels suggested reducing the capital construction appropriation for charter schools by $1 million to fund the summer school grant program and to include reading, writing, or math. Representative King and Senator Windels continued to discuss the funding for charter school capital construction.


BILL:	HB06-1375
TIME:	03:05:34 PM
MOVED:	Windels
MOTION:	Severed section B to fund the summer school grant with a $1 million reduction in capital construction funds for charter schools. The motion failed on a 3-3 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	No
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1375
TIME:	03:04:40 PM
MOVED:	King
MOTION:	Moved a substitute motion to Severed Section B to restore funding from the State Education Fund for the Summer School Grant Program, as in Sections 10 and 47(4) of the reengrossed bill. The motion failed on a 4-2 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1375
TIME:	02:43:35 PM
MOVED:	Windels
MOTION:	Moved a substitute motion to restore the Summer School Grant Program, to include reading, writing or math, and funding the program with a $1 million reduction from charter school capital construction. Representative King requested to sever the motion, between the program portion and the funding proposal. Severed Section A was to reinstate the program with language from the original program to include reading, writing, or math and to apply to grades third through nine, with prerogative for the State Board of Education to promulgate rules. The OLLS staff requested permission to work from language in the reengrossed bill which has been updated from the time of the original statutory language. The committee discussed provisions for contracting with a private entity. The motion passed on a 4-2 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:53 PM

The committee continued to discussed the potential for school districts to contract for services and the issues around including the authority for district to contract in the bill.


BILL:	HB06-1375
TIME:	03:06:25 PM
MOVED:	Pommer
MOTION:	Moved to adopt Section 9 of the rerevised bill on transportation costs. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:07:16 PM
MOVED:	Pommer
MOTION:	Moved to adopt Sections 13-18 of the rerevised bill. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:06 PM

Ms. Chase responded to questions about the School Construction and Renovation Fund and the School Capital Construction Expenditures Reserve.

03:11 PM

Senator Windels discussed the provisions for funding out-of-state students and specifically the provisions included in the rerevised version of the bill.


BILL:	HB06-1375
TIME:	03:13:38 PM
MOVED:	Pommer
MOTION:	Moved to adopt Section 5 of the rerevised bill. The motion passed on a 6-0 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:14 PM

Representative Pommer discussed changing the funding for National Credential Fee Assistance, with an appropriation from the State Education Fund of $100,000.


BILL:	HB06-1375
TIME:	03:15:01 PM
MOVED:	Pommer
MOTION:	Moved to adopt Section 20 and 57 (6), (8)(f), and (8)(g) of the rerevised bill increase to appropriate $100,000 for National Credential Fee Assistance. Senator Spence moved a substitute motion (see vote sheet below). The substitute motion failed. The committee voted on Representative Pommer's original motion. The original motion passed on a 4-2 roll call vote.
SECONDED:	Williams
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:15:21 PM
MOVED:	Spence
MOTION:	Moved a substitute motion to Representative Pommer's motion to retain the same level of appropriations ($83,000) as in FY 2005-06. The substitute motion failed on a 3-3 tie vote.
SECONDED:	King
		VOTE
	Merrifield	No
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 3 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: TIE

03:18 PM

Senator Windels discussed Senate amendments to provisions for the Facility Summer School Grant Program, to authorize such programs in reading, writing, or math.


BILL:	HB06-1375
TIME:	03:19:12 PM
MOVED:	King
MOTION:	Moved to adopt Sections 21 through 24 of the rerevised bill. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:19 PM

Representative Pommer discussed the provisions in the rerevised bill for a task force on tax increment financing.


BILL:	HB06-1375
TIME:	03:20:09 PM
MOVED:	King
MOTION:	Moved to remove Sections 25 and 57 (7) from the rerevised bill. Senator Windels moved a substitute motion (see vote sheet below). The substitute motion passed.
SECONDED:	Spence
		VOTE
	Merrifield
	Williams
	King
	Spence
	Windels
	Pommer
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: TIE


BILL:	HB06-1375
TIME:	03:21:04 PM
MOVED:	Windels
MOTION:	Moved a substitute motion to Representative King's motion to retain the task force on tax increment financing in the bill, as in the rerevised version, with funding only for per diem for legislators, and without funding for staff support. The motion passed on a 4-2 roll call vote.
SECONDED:	Pommer
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:31:47 PM
MOVED:	Spence
MOTION:	Moved to remove provisions for the task force on tax increment financing that allow the task force to establish subcommittees. The motion failed on a 2-4 roll call vote.
SECONDED:	King
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:35 PM

The committee discussed


BILL:	HB06-1375
TIME:	03:35:20 PM
MOVED:	Windels
MOTION:	Move conceptual amendment, to amend the rerevised bill to create a grant program with $1 million for declining enrollment school districts that create a charter school to assist with reorganization costs. The funding source would be taken from a reduction in charter school capital construction funding by $1 million. Representative King requested that the motion be severed, between the establishment of the program, and the funding provision through a reduction in charter school capital construction funding. The committee voted on the substantive provision for the new program. The first severed section passed on a 5-1 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 5 NO: 1 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:42:26 PM
MOVED:	Windels
MOTION:	The committee considered the second severed section, to fund assistance to declining enrollment districts with a $1 million reduction in charter school capital construction funding. Representative King moved a substitute motion (see vote sheet below). The substitute motion failed. The committee voted on the motion to approve second severed section of the motion. This motion passed on a 4-2 roll call vote.
SECONDED:	Pommer
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:42:37 PM
MOVED:	King
MOTION:	Moved a substitute motion to the second severed section to fund assistance to declining enrollment district from the State Education Fund. The motion failed on a 2-4 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1375
TIME:	03:43:35 PM
MOVED:	King
MOTION:	Moved to strike Sections 27 and 57 (8)(d) of the rerevised bill. The motion passed on a 4-2 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:45:55 PM
MOVED:	Pommer
MOTION:	Moved to adopt Sections 28-40, and 42 - 51 of the rerevised bill. Representative King moved a substitute motion (see vote sheet below). The substitute motion failed. The committee voted on Representative Pommer's original motion. The motion passed on a 4-2 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:46:48 PM
MOVED:	King
MOTION:	Moved to amend the original motion to strike the provisions in the rerevised version for the prioritization of new slots. The motion failed on a 2-4 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1375
TIME:	03:46:15 PM
MOVED:	King
MOTION:	Moved a substitute motion to Representative Pommer's motion to accept the reengrossed version of the Colorado Preschool and Kindergarten Program. The substitute motion failed on a 2-4 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB06-1375
TIME:	03:53:36 PM
MOVED:	Merrifield
MOTION:	Moved to reduce charter school capital construction funding by $2.8 million to $5 million. Representative King moved a substitute motion (see vote sheet below). The substitute motion failed. The committee voted on the original motion. The motion passed on a 4-2 roll call vote.
SECONDED:	Williams
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	No
	Spence	No
	Windels	Yes
	Pommer	Yes
Not Final YES: 4 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS


BILL:	HB06-1375
TIME:	03:54:22 PM
MOVED:	King
MOTION:	Moved a substitute motion to adopt Sections 53 and 57 (8)(h) of the rerevised bill. The substitute motion failed on a 2-4 roll call vote.
SECONDED:	Spence
		VOTE
	Merrifield	No
	Williams	No
	King	Yes
	Spence	Yes
	Windels	No
	Pommer	No
Not Final YES: 2 NO: 4 EXC: 0 ABS: 0 FINAL ACTION: FAIL

03:54 PM

The committee continued to discuss funding for charter schools and charter school capital construction. Representative King discussed the restoration of a funding level prior to budget cuts after September 11th and a subsequent recession.

04:07 PM

Representative King discussed Section 54 in the rerevised version of the bill. A handout was distributed (Attachment C).


BILL:	HB06-1375
TIME:	04:08:14 PM
MOVED:	Spence
MOTION:	Moved to adopt the reengrossed version of the bill concerning full-day kindergarten programs for unsatisfactory programs and patriotic displays. The motion passed on a 6-0 roll call vote.
SECONDED:	Merrifield
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:09 PM

Senator Windels explained the rerevised bill's provisions concerning the School-Readiness Quality Improvement Program.


BILL:	HB06-1375
TIME:	04:09:45 PM
MOVED:	Windels
MOTION:	Adopt the reengrossed version concerning the School Readiness Quality Improvement Program, removing the provision in the rerevised version. The motion passed on a 6-0 roll call vote.
SECONDED:	Pommer
		VOTE
	Merrifield	Yes
	Williams	Yes
	King	Yes
	Spence	Yes
	Windels	Yes
	Pommer	Yes
Not Final YES: 6 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:13 PM

Representative King encouraged that negotiations continue on funding for charter school capital construction.

04:16 PM

The committee recessed.

04:47 PM

The committee came back to order. Representative Pommer announced that the committee would meet again at noon the following day, April 11. The committee recessed.