Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:02/02/2006
ATTENDANCE
Time:02:18 PM to 05:38 PM
Benefield
X
King
X
Place:HCR 0107
Larson
X
Massey
X
This Meeting was called to order by
McKinley
E
Representative Merrifield
Penry
X
Pommer
X
This Report was prepared by
Rose
X
Cathy Eslinger
Solano
E*
Todd
X
White
X
Paccione
X
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
HB06-1004
HB06-1024
HB06-1034		Amended, Referred to Appropriations
Amended, Referred to Appropriations
Witness Testimony Only


02:19 PM -- House Bill 06-1004

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

02:20 PM

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 education materials for students with print disabilities. The committee began its consideration of the bill at its meeting on January 26 and laid the bill over for action today. Representative Green noted the further research and conversations she has initiated since the last committee meeting.

02:22 PM

Representative Green noted that a strike-below amendment may be considered by the committee.

02:23 PM

Representative Paccione moved (Second: Benefield) amendment L.008 (Attachment A), so that the committee could begin its consideration of the amendment. Representative Green discussed amendment L.008 and walked the committee through its specific provisions. She responded to questions about how many potential applicants would qualify for the program under the criteria set forth in the amendment. The committee discussed the appropriations for the program.


2:33 PM

Charm Paulmeno, Colorado Department of Education, came to the table and noted that she was available to respond to questions. Representative Green continued to respond to questions about the flow of money from grant recipients to schools. Committee discussion continued regarding the relationship of the bill's provisions to the Read-to-Achieve Program.

2:40 PM

Representative Green responded to questions about the potential for providing services as currently done through private providers.

2:43 PM

Lisa McGill, representing herself, provided additional information to the committee. She responded to questions about the potential students who would receive services under the bill. A hand-out on federal special education law was distributed (Attachment B).

2:48 PM

Janis Baron, Legislative Council Staff, was asked to come to the table to explain the status of evaluations of bills by the fiscal note staff.

2:50 PM

Representative King moved amendment L.009 (Attachment C), which amends L.008.

2:53 PM

Lynn Bambery, Colorado Department of Education, came to the table to discuss provisions for Individual Literacy Programs (ILPs) under current law. She reviewed the current funding for the Read-to-Achieve Program. Representative King made further comments on amendment L.009.



3:05 PM

The committee continued to discuss the most appropriate mechanism for establishing the grant program.
BILL:HB06-1004
TIME: 03:14:42 PM
MOVED:King
MOTION:Moved amendment L.009 (Attachment C), which amends L.008. The motion passed on an 8-4-1 roll call vote.
SECONDED:Penry
VOTE
Benefield
No
King
Yes
Larson
Yes
Massey
Yes
McKinley
Excused
Penry
Yes
Pommer
No
Rose
Yes
Solano
No
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
No
Not Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS
BILL:HB06-1004
TIME: 03:15:08 PM
MOVED:Paccione
MOTION:Moved amendment L.008 (Attachment A), as amended. The motion passed on a 12-0-1 roll call vote.
SECONDED:Benefield
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
Yes
McKinley
Excused
Penry
Yes
Pommer
Yes
Rose
Yes
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Not Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:HB06-1004
TIME: 03:19:34 PM
MOVED:Paccione
MOTION:Moved to refer House Bill 06-1004, as amended, to the Committee on Appropriations. The motion passed on a 12-0-1 roll call vote.
SECONDED:Todd
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
Yes
McKinley
Excused
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

03:21 PM -- House Bill 06-1024

Representative Frangas reviewed the provisions of House Bill 06-1024, concerning underserved students at institutions of higher education. The bill specifies that a performance contract of an institution of higher education must require that the institution demonstrate its commitment to the retention and success of underserved students.

03:24 PM

The following persons testified:

03:25 PM -- Rick Ramirez, representing himself as a principal in Fort Collins and a member of Colorado Commission on Higher Education (CCHE), testified in support of the bill.

03:29 PM

Representative Frangas responded to questions about the testing of students contemplated in the bill.

03:30 PM -- Jenna Langer, representing the Colorado Commission on Higher Education, testified that the testing would be developed to reflect what is most appropriate for each institution. Committee members asked further questions about a goal of focusing on the students' specific learning needs. Ms. Langer described the process by which the current performance contracts were developed.


03:40 PM

Representative Frangas expressed his reasons for bringing the bill and the goals he believes that the performance contract can achieve.

03:41 PM -- Blanca Trejo, representing the Metro Organization for People and a current college student at the University of Denver, testified in support of the bill. She spoke to the current services she had been provided that have helped her adjust to college.

03:45 PM -- Kennilyn Wright, representing Mesa State College, testified in support of the bill. She said that she wanted to give voice to the unique needs and goals of institutions on the Western Slope. She described initiatives such as a cultural advisory committee at Mesa State, as well as recruitment and retention challenges. She spoke to the use of financial aid and the value of work-study programs in retention of students. Ms. Wright said that Mesa State could use more resources specifically in the area of mentoring.

03:55 PM -- Jason Hopfer, representing the Colorado community college system, said that the community college system supported the bill with potential amendments.

03:56 PM -- Frank Waterous, representing the Bell Policy Center, spoke to the bill and provided a hand-out (Attachment D). He expressed support for House Bill 06-1024.

Representative Frangas noted that two of his witnesses in support of the bill, Richard Garcia, representing the Colorado Commission on Higher Education, and Ricardo Martinez, representing Padres Unidos, had to leave the hearing prior to the time for witness testimony.

04:03 PM -- Lina Valencia Ignatius, a student at the University of Colorado at Denver, testified in support of the bill and described the need for providing access to textbooks. She indicated that the cost of and access to textbooks are important issues for her and her peers.



04:06 PM

Representative Frangas and Ms. Valencia responded to questions regarding the provisions for a new textbook pilot program and the availability of on-line textbooks.

04:12 PM

Mr. Hopfer returned to the table to discuss access to textbooks and said that a program undertaken by the University of Phoenix had been studied in developing the idea for the pilot textbook program.
BILL:HB06-1024
TIME: 04:14:24 PM
MOVED:King
MOTION:Moved amendment L.003 (Attachment E), as amended. The motion passed without objection.
SECONDED:Benefield
VOTE
Benefield
King
Larson
Massey
McKinley
Excused
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:HB06-1024
TIME: 04:16:25 PM
MOVED:Paccione
MOTION:Amend L.003 (Attachment E). Add page 3, lines 6 and 26, after FACULTY, insert "AND OTHER". The motion passed without objection.
SECONDED:Benefield
VOTE
Benefield
King
Larson
Massey
McKinley
Excused
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1024
TIME: 04:17:25 PM
MOVED:King
MOTION:Moved amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Paccione
VOTE
Benefield
King
Larson
Massey
McKinley
Excused
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

04:20 PM

The committee took a brief recess.



04:24 PM

The committee came back to order.
BILL:HB06-1024
TIME: 04:24:45 PM
MOVED:White
MOTION:Page 4, strike lines 25 and 26 and substitute the following: "HIGHER EDUCATION TO MAKE WORK STUDY A PRIORITY IN FINANCIAL AID AWARDS, CONTINGENT UPON THE AVAILABILITY OF FEDERAL AND STATE ALLOCATIONS FOR SUCH FUNDING." The motion passed without objection.
SECONDED:Paccione
VOTE
Benefield
King
Larson
Massey
McKinley
Excused
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection

4:25 PM

Michelle Hanigsberg, Office of Legislative Legal Services, came to the table to explain the drafts of amendment L.003 that the committee had seen.



4:27 PM

Marc Carey, Legislative Council Staff, came to the table to explain the writing of the fiscal impact statement.
BILL:HB06-1024
TIME: 04:29:07 PM
MOVED:Paccione
MOTION:Page 2, line 16, strike "AND SOCIAL". Page 3, line 19, strike "AND SOCIAL". Page 4, line 11, strike "AND SOCIAL". The motion passed without objection.
SECONDED:Penry
VOTE
Benefield
King
Larson
Massey
McKinley
Excused
Penry
Pommer
Rose
Solano
Todd
White
Paccione
Merrifield
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection
BILL:HB06-1024
TIME: 04:30:47 PM
MOVED:Paccione
MOTION:Moved to refer House Bill 06-1024, as amended, to the Committee on Appropriations. The motion passed on an 11-1-1 roll call vote.
SECONDED:Benefield
VOTE
Benefield
Yes
King
Yes
Larson
Yes
Massey
Yes
McKinley
Excused
Penry
Yes
Pommer
Yes
Rose
No
Solano
Yes
Todd
Yes
White
Yes
Paccione
Yes
Merrifield
Yes
Final YES: 11 NO: 1 EXC: 1 ABS: 0 FINAL ACTION: PASS




04:33 PM -- House Bill 06-1034

Representative King reviewed the provisions of House Bill 06-1034, concerning special education funding. He distributed an article from Newsweek magazine and two data documents from the Colorado Department of Education (CDE) (Attachments G through I). Representative King discussed the rates of identification for different disabilities and noted that the bill would implement a pool for high-risk students. He said that his goal for the high-risk pool is to place priority on cognitive disabilities.

04:42 PM

The following persons testified:

04:42 PM -- Kathy Stevens, representing herself, explained her research and said that she believes that Colorado is spending special education funds on students, particularly boys, who are being incorrectly identified as students with disabilities. She has authored a book, "The Minds of Boys: Saving Our Sons From Falling Behind in School and Life." She responded to questions about a diagnosis of attention deficit disorder (ADD).

04:47 PM -- Mary Sharon Wells, representing Jefferson County Schools, stated that the Jefferson County School Board had voted to oppose House Bill 06-1034. She testified that Jefferson County Schools had supported special education, funding it at approximately $54 million, and that the district did not believe that the legislation would assist it in meeting its special education funding needs. She said that a special education insurance pool may be an idea that has merit.

04:52 PM

Representative King responded to Ms. Wells' comments and further discussed the specific provisions in the bill, noting that the bill had come out of the Interim Committee on School Finance. As the interim committee considered the bill, the committee did not know whether Referendum C or D would pass and that this fact impacted the way the bill was drafted. He further discussed that the Joint Budget Committee is still considering where to funnel Referendum C dollars, with appropriations to base funding or to special education under discussion.

04:58 PM -- Lucinda Hundley, representing the Statewide Consortium of Special Education Directors, testified in opposition to the bill. She said that she appreciated the conversations that Representative King had had with special education directors. Ms. Hundley said that the studies she is aware of conclude that special education funding should not be changed unless there are significantly new dollars involved. She further testified that school districts that would be held at FY 2005-06 funding levels would not benefit, but would fall behind from the changes proposed in the bill. She concurred that there is a need for a high-risk pool, but said that it could be inadequate to meet costs of many other students who would not fall under the proposed pool and that it should not be linked with special education funding.

05:06 PM

Ms. Hundley discussed the unreimbursed special education costs that school districts face. She said that her consortium hoped that the issue of special education funding shortfalls could continue to be discussed and considered.

05:07 PM -- Janet Rose, representing the Colorado League of Charter Schools, testified in support of the bill and said that league supports any system that ensures additional predictability in special education funding. She responded to questions from committee members about the levels of service and enrollment of special education students in charter schools.



05:12 PM -- Carolyn Kampman, Joint Budget Committee staff, came to the table to discuss the potential phase-in of the new allocation formula set up in the bill. Utilizing a hand-out (Attachment J), Ms. Kampman reviewed how annual increases in state funding would be allocated among administrative units, with a phase-in toward a uniform dollar amount per special education student. She also reviewed projections for increases in special education funding from FY 2006-07 through FY 2011-12.

05:16 PM

Ms. Kampman continued by discussing a comparison of current special education allocations. She provided a table within her document that demonstrated how a projected Amendment 23 increase could be used to start equalizing per student funding. She said that the bill could require annual inflationary increases over what Amendment 23 requires.

05:25 PM

Representative King discussed the potential avenues for moving forward on the bill. The committee discussed potential amendments that would apply inflationary increases for school districts.

05:30 PM

Representative Merrifield said that he would like to be able to consider and discuss the potential approaches before considering amendments. Representative Benefield said that she agreed that the committee should consider various options and that as a member of the Interim School Finance Committee, she had supported providing new money for special education funding reform.

05:38 PM

The committee adjourned.