House Committee on Education (04/30/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	04/30/2012	ATTENDANCE

Time:	01:33 PM to 04:45 PM	Hamner	X
		Holbert	X
Place:	HCR 0112	Joshi	X
		Kerr A.	*
This Meeting was called to order by		Murray	X
	Representative Massey	Peniston	X
		Ramirez	*
This Report was prepared by		Schafer S.	X
	Kristen Johnson	Solano	X
		Summers	X
		Todd	X
		Beezley	X
		Massey	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
SB12-164 SB12-068 SB12-047 SB12-051		Referred to Finance Amended, Referred to the Committee of the Whole Referred to Appropriations Amended, Referred to the Committee of the Whole

01:33 PM -- Senate Bill 12-164

Representative Massey, Chair, called the meeting to order and handed it over to Representative Beezley, Vice-Chair, so that Representative Massey could present his bill.

Representative Massey and Representative Todd, co-prime sponsors of Senate Bill 12-164, presented the bill. The bill modifies and clarifies the way that the state regulates private institutions of higher education (private colleges), including for-profit proprietary schools, non-profit schools, career and technical colleges, and seminaries and religious training institutions. The bill substitutes the term "religious training institutions" for "bible colleges" where the latter occurs in statute.

The bill clarifies that private colleges that enroll the majority of their students in baccalaureate or postgraduate degree programs are to be regulated by the Colorado Commission on Higher Education (CCHE) and the Department of Higher Education (DHE). Private colleges that enroll the majority of students at the certificate or associate level are regulated by the Division of Private Occupational Schools (DPOS) within the DHE. Senate Bill 12-164 primarily affects the oversight of private colleges offering baccalaureate and postgraduate degrees.

The CCHE is required to establish by rule an application process for private colleges to seek authorization to operate in the state, and the procedures to be used for approving, renewing, and revoking this authorization. The CCHE must establish appropriate fees for private colleges to pay, designed to cover the direct and indirect costs of regulating the schools. Prior to establishing the fee or increasing the amount of an existing fee, the CCHE must give notice to private colleges and hold a public hearing. The CCHE will also adopt policies to require private colleges to submit student enrollment, financial aid, and degree completion data to the DHE, when requested.

The DHE is required to administer the provisions of the bill and the policies adopted by the CCHE. The department's duties include making recommendations concerning private college authorization, operating an appeals process, maintaining a list of private colleges, and establishing a process for accepting, reviewing, investigating, and acting on complaints. If a private college ceases operation in the state, it must deposit a copy of all educational records with the DHE. If warranted, the CCHE may seek a court order authorizing the DHE to seize and take possession of these records. The DHE must permanently retain any student transcripts contained in the private college's records. Other documents must be maintained for ten years.

The CCHE is required to evaluate the financial integrity of private colleges using specified criteria. If a private college cannot demonstrate financial integrity, the school is required to file and maintain a surety bond approved by the CCHE. These schools must be covered by surety to remain legally authorized to operate in the state. If a private college violates the provision of the act or ceases operations, students, parents, or legal guardians may file a claim with the CCHE for loss of tuition or fees. If approved, the petitioner may be refunded from the surety, or receive an alternative educational arrangement via the CCHE and another state or authorized private institution. Private institutions that currently participate in the College Opportunity Fund (COF), or otherwise meet specified criteria, are exempt from this provision.

Finally, the bill changes the length of term of members appointed to the Private Occupational School Policy Advisory Committee. For students attending an institution operating under the DPOS, the bill requires that students first exhaust all complaint and appeals processes available at the private occupational school before bringing the issue to the division for resolution.

Representative Massey stated that the bill will bring clarity to the reporting requirements of private, postsecondary institutions in Colorado and that the bill is not at the expense of these institutions. He added that the bill was a collaborative effort between DHE and the proprietary schools. Representative Todd referred to Attachments A and B, which were provided by DHE. She distributed Attachment C, which is a listing of the schools that are regulated by the DPOS.

The following persons testified:

01:38 PM -- Dr. Matt Gianneschi, Deputy Executive Director at DHE, testified in support of the bill. Dr. Gianneschi described the need for the legislation and walked the committee through the bill's big-picture concepts. He said that DHE currently has incomplete data for proprietary institutions and that reported attendance rates may be off by as much as one-third of the total population attending college in the state. He said that DHE wants to provide more comprehensive and accurate information. He discussed the fee structure for the handling and administration of this information. He discussed transcripts, stating that currently DHE cannot provide transcripts to students on behalf of proprietary institutions; the bill makes DHE the custodian of records and transcripts for those institutions that cease to operate in the state. He discussed renewals, accreditation, and financial integrity as they relate to private postsecondary institutions. Finally, he discussed the surety bond requirement of the bill and the process for refunding any unearned, prepaid tuition to the student if the school were to close unexpectedly.

Dr. Gianneschi responded to committee questions.

01:52 PM -- Norm Blome, representing Alta Colleges, Inc., testified in support of the bill. He thanked DHE for the open and collaborative process in creating the legislation. He added that the bill is a strong, regulatory bill.

01:53 PM -- Edie Busam, representing Independent Higher Education of Colorado, testified in support of the bill. Ms. Busam thanked DHE for their work. She stated that Regis University is especially in favor of the ability to enter into reciprocal agreements with other states. She added that the reporting process has been reduced to a minimum, but still allows DHE to review those colleges that it deems necessary to review.

01:56 PM -- Greg Dorman, Legislative Liaison for the Colorado Department of Military and Veterans Affairs, testified in support of the bill. Mr. Dorman stated that about 25,000 students in Colorado are veterans and are using their G.I. Bill stipends to fund their education, and that about 8,200 of those veterans will benefit from the provisions of the bill. He added that the bill brings into line certain protections that veterans need as they further their education.

Mr. Dorman responded to questions from the committee.

01:58 PM -- Bridget Lovett, representing the University of Phoenix, testified in support of the bill. Ms. Lovett thanked DHE for engaging them in the process. She stated that the bill is not overly burdensome and that many of the provisions of the bill are already required in other states in which the university operates; the university operates in 42 states. She added that the bill contains reasonable requirements.


BILL:	SB12-164
TIME:	02:02:00 PM
MOVED:	Massey
MOTION:	Refer Senate Bill 12-164 to the House Committee on Finance. The motion passed on a roll call vote of 13-0.
SECONDED:	Todd
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:06 PM -- Senate Bill 12-068

Representative Massey and Representative Duran, co-prime sponsors of Senate Bill 12-068, presented the bill. Beginning September 1, 2013, the bill prohibits public schools from making food or beverages available that contain industrially produced trans fat. The prohibition applies on school grounds during school days. It excludes foods and beverages provided as part of the federal meal program and foods involved in fundraising efforts. Districts with more than 1,000 students must prohibit trans fat; districts with fewer than 1,000 students are encouraged to prohibit trans fat. A public school with fewer than 1,000 students in a district without a coordinated district-wide food service is exempted.

For the purposes of this bill, industrially produced trans fat means vegetable shortening, margarine, or any type of partially hydrogenated vegetable oil that is labeled as containing trans fat. As of January 1, 2006, food manufacturers have been required by the FDA to list trans fats on food labels.

Representative Massey provided a handout to the committee (Attachment D) and responded to a question from Representative Hamner about how the bill applies to foods brought from students' homes.

The following persons testified:

02:15 PM -- Dr. Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in opposition to the bill. Dr. Urschel stated that districts are implementing much of what is being asked by the bill already. She stated that the bill does not bring any resources with it. She said that U.S.D.A. standards already call for the elimination of added trans fats in school lunches and that most districts already have federal lunch programs in place. She added that the problem being contemplated by the bill is already being addressed at the federal and local levels.

Dr. Urschel responded to committee questions.

02:22 PM -- Mary Nichols, representing CASB, and herself, as a member of the Littleton School District Board of Education, testified in opposition to the bill. Ms. Nichols stated that she is happy to know that the bill sponsors share her concern about the health of the state's kids. She stated that healthy kids and good nutrition have a direct correlation to academic performance. She stated that she opposes the bill because school districts are already adopting and implementing the federal U.S.D.A. guidelines. She added that the bill is unnecessary.

02:25 PM -- Laurie Albright, representing CASB, testified in opposition to the bill. Ms. Albright stated that most school officials in Colorado are already aware of the need to get rid of the trans fats in foods. She stated that 17 months ago, the U.S.D.A. released guidelines that call for the elimination of trans fats in school lunches, and also requires that school lunches provide fresh fruits, vegetables, and whole grains. She stated that the companies that provide school lunches are working to remove the trans fats from those foods that they send to schools. She stated that in the Boulder Valley School District, they are in full compliance with the federal regulations and that they prepare all foods from scratch. She discussed the costs of making these changes in the district, noting that to meet the federal requirements and to provide nutritious foods, it costs an additional twenty to thirty cents per student, per meal. She concluded by saying that we should let the school districts take on these federal requirements first and then see if further legislation is needed at the state level.

Ms. Nichols and Ms. Albright responded to questions from the committee.

02:37 PM -- Jason Morse, representing the American Heart Association, testified in support of the bill. Mr. Morse discussed his participation in the federal Chefs Move to Schools program. He stated that as schools move to more healthy foods and to preparing foods from scratch, food manufacturers are becoming mainstream with foods that offer no trans fats. He stated that when looking at costs to school districts in switching the foods, there was no cost difference. He stated that food manufacturers are willing and able to negotiate to meet the districts' needs and that trans fat free foods are just another option that is available to districts.

Mr. Morse responded to questions from the committee.

02:49 PM -- Patrick Donovan, representing Revolution Foods in Colorado, testified in support of the bill. Mr. Donovan discussed the mission and program of Revolution Foods, which is to make healthy food choices for schools by using no trans fats, no frying, no artifical ingredients, and no high fructose corn syrup. He stated that the provisions of the bill can be done, and that they can be done in low income communities where there may not be additional resources. He added that 80 percent of those served through his company's lunch program are on the Free and Reduced Price Lunch program through the federal government.

02:51 PM -- Rick Metz, representing the Colorado Association for Health, Physical Education, Recreation, and Dance (CoAHPERD), testified in support of the bill. He stated that he represents teachers in physical education and health who are committed to teaching students about healthy foods and recreation programs. He stated that healthy eating is a vital part of becoming a healthy citizen.

02:53 PM -- John Giardino, representing Colorado PTA, testified in support of the bill. Mr. Giardino gave a brief history of the PTA. He stated that the organization advocates on behalf of all children, noting that PTA has always had children's health issues as a major focus. He said that he wants to see the bill pass so that the policy will be implemented in all schools in Colorado. He added that PTA accepts the exemption from the bill for fundraising items, but still has concerns about parents who send those items to school with their kids.

02:59 PM -- Christina Scribner, representing herself as a parent of four children, testified in support of the bill. Ms. Scribner discussed her background as a dietician and nutritionist, noting that her client base is mostly children. She stated that she does not feel good about the lunches that are served at schools, and that other parents feel the same way. She added that people are interested in buying healthier foods.

03:03 PM -- Dr. Randy Moyer, representing the American Heart Association, testified in support of the bill. Dr. Moyer discussed his background in the healthcare industry. He stated that trans fats are not food and cause major health problems including raising bad cholesterol and lowering good cholesterol in the body. He stated that the impact of trans fats is irreversible because they change the makeup of the cellular membrane. He stated that trans fats impact the memory and that the medications used to treat high cholesterol also impact memory functions negatively. He stated that we send kids to school to be productive, but feed them foods that are not productive. He added that we have a great opportunity to get to the root of the problem of something that we know is going to cause cardiovascular disease, and that this bill is a great strategy to help protect the health of students in Colorado.

Dr. Moyer responded to questions from the committee.

03:12 PM -- Carrie Lehtonen, representing herself as a survivor and health coach, testified in support of the bill. Ms. Lehtonen described her personal experience with heart disease, stating that she suffered a heart attack at age 31. She stated that the heart attack was the result of plaque bursting in her arteries. She stated that she had experienced symptoms all day as she was on a 60 mile bike ride, but did not think she was having a heart attack; she said her friend took her to the hospital. She stated that heart disease claims one in four lives; more than any type of cancer. She stated that we have moved away from eating real food. She added that if entire cities like New York City can take out all trans fats from foods, then we can too.

03:15 PM -- Gabriel Kaplan, representing the Colorado Department of Public Health and Environment, testified in support of the bill. Mr. Kaplan stated that Colorado is often referred to as the leanest state, but that is not saying much when everyone else is failing. He stated that less than half of Coloradoans are at a healthy weight and that the perspective in the long run does not bode well. He stated that there are no safe levels of trans fat consumption due to the negative impacts on health and cholesterol.


BILL:	SB12-068
TIME:	03:17:56 PM
MOVED:	Schafer S.
MOTION:	Adopt prepared Amendment L.009 (Attachment E). The motion passed without objection.
SECONDED:	Hamner
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

03:18 PM

The bill sponsors provided closing comments to the bill. Representative Massey stated that the bill creates consistency across the state and lets Colorado step up to be a leader in children's health policy.

Representative Massey and Representative Duran responded to questions from the committee.

Representative Massey discussed the fiscal note, saying that the cost is attributed to the outreach that would be performed, however, he stated that the federal government is already doing outreach on this issue and that the cost noted in the fiscal note no longer applies.


BILL:	SB12-068
TIME:	03:20:22 PM
MOVED:	Massey
MOTION:	Refer Senate Bill 12-068, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 8-5.
SECONDED:	Todd
		VOTE
	Hamner	Yes
	Holbert	No
	Joshi	No
	Kerr A.	Yes
	Murray	No
	Peniston	Yes
	Ramirez	No
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	No
	Massey	Yes

Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:28 PM

The committee took a brief recess.

03:42 PM -- Senate Bill 12-047

The committee came back to order.

Representative Holbert and Representative Massey, co-prime sponsors of Senate Bill 12-047, presented the bill. The bill was recommended by the Educational Success Task Force and was amended by the Senate Education Committee. The reengrossed bill permits a school district, a charter school, or the Charter School Institute (CSI) to administer basic skills placement tests to each student in grades nine through twelve. The tests are the same placement tests in reading, writing, and mathematics used by community colleges to place first-year freshman students.

The tests may be administered as often as deemed necessary; however, the state will only reimburse the cost to administer each of the test units once for each student in grades nine through twelve. The amended bill appropriates $1.0 million from the State Education Fund to reimburse the local cost to administer the tests.

If a district, a charter school, or the CSI administers the tests, the student's score on the placement tests must be included in his or her individual career and academic plan (ICAP). The scores must be analyzed to determine the student's level of postsecondary and workforce readiness. Students unable to demonstrate postsecondary and workforce readiness must receive additional services in order to bring the student up to a satisfactory level of readiness.

The bill permits administration of the same placement tests in grades nine through twelve that are currently administered to all first-time freshmen in the community college system. The system uses the Accuplacer, a suite of computerized placement tests that assess college readiness in reading, writing, and math. First-time freshmen must take one of three mathematic placement tests, and one each reading and writing diagnostic tests, for a total of three units of the Accuplacer assessment.

The bill sponsors responded to questions from the committee.

03:52 PM

The bill sponsors continued to discuss the bill.

Representative Massey stated that the Accuplacer is not a pass or fail test, but a very relevant assessment tool. He stated that one of the limitations of the current assessments is the length of time between the administration of the test and when the results are available. He added that the Accuplacer may be a relevant replacement to some of the high-stakes testing that we do now.

Representative Solano commented that we need to move to a more meaningful test for kids. She said that it is relevancy that we are striving for and making sure that kids are going to be successful in whatever they enter into. She added that there is more than one pathway to success.

03:57 PM

Representative Todd commented that the Accuplacer is a great tool, but we need to be careful about the message we are sending to kids about the test. She stated that the Accuplacer is a different way of looking at the work that students will need to do to advance their skills. She added that she would hate for us to send a message that the Accuplacer is for those who do not want to attend college.

Representative Massey responded, saying that in his mind, the Accuplacer augments the ACT assessment. He stated that the Accuplacer provides a proficiency picture at any given time. He stated that the Joint Budget Committee (JBC) has already appropriated the funds for this legislation as part of their budget balancing. He stated that the money is coming from the State Education Fund, but that it is a worthwhile expenditure from that fund.

04:01 PM

Julie Pelegrin, Office of Legislative Legal Services, came to the table to respond to committee questions.

Representative Hamner asked if the Accuplacer would take the place of the Transitional Colorado Assessment Program (TCAP) tests.

Representative Massey responded that we are all looking for an alternative to the TCAP and we hope that we see a development tool that is relevant and gives instant feedback.

Representative Solano asked if any school districts would be without access to this computer-based test.

Representative Massey responded that he is not aware of any districts that would not have access to the test.
The following person testified:

04:07 PM -- Terry Whitney, representing College Board, came to the table to respond to questions from the committee. He stated that College Board is the administrator of the Accuplacer assessment and provided a handout to the committee (Attachment F).

Representative Murray asked if students are failing assessments because they are failing algebra. Mr. Whitney responded that they are seeing failure in algebra and in English language, but that there is a higher rate of math failure on the Accuplacer.

Representative Hamner stated that the goal of the Colorado Achievement Plan for Kids (CAP4K) is to have a seamless education system. She stated that if you look at all of the assessments the kids are given, it is hard to teach to each test because there is a misalignment between what is taught in higher education and in high school.

Mr. Whitney responded, saying that College Board is working hard to be sure that their tests align with the common core standards.

Representative Todd commented that it is great to assess to find out where the student is, but once we see that a student is falling down, what is out there for them. She stated that if there is nothing that intervenes between taking the test and then just continuing on, nothing is changed for the student.

Mr. Whitney responded that the product is set up as a low-stakes assessment that allows a student, instructor, and administrative staff to find out where kids are at any point in time. He stated that this offers the opportunity at the high school level to have the students work on their weak areas. He discussed the MyFoundationLab program that is part of the Accuplacer, stating that based on the students' performance on the diagnostic Accuplacer test, the program generates a personalized learning path for each student that provides targeted remediation.

Representative Massey stated that this is not meant to be an end-all to remediation, but now we can assess much earlier and get information much easier, so that we can intervene much earlier. He added that we will be able to remediate now, rather than in the next school year.

Representative Todd commented that the Accuplacer is a very useful tool and that she feels that money being put into TCAP is going down the drain. She added that the Accuplacer is specific.


BILL:	SB12-047
TIME:	04:19:52 PM
MOVED:	Holbert
MOTION:	Refer Senate Bill 12-047 to the House Committee on Appropriations. The motion passed on a roll call vote of 13-0.
SECONDED:	Massey
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:22 PM -- Senate Bill 12-051

Representative Massey, sponsor of Senate Bill 12-051, presented the bill. He distributed Amendment L.007 to the bill (Attachment G). The reengrossed bill requires that local school district boards of education consider adopting a policy for entering into contracts for services, other than instructional services. The policy adopted by the local board may require that school district personnel:

• conduct a cost-benefit analysis;
• implement a formal bidding process;
• establish evaluative criteria for recommending a contractor for specific services; and
• adopt other minimum requirements for contracts.

Beginning September 1, 2012, each local education provider (LEP) must post a list of active contracts other than contracts for instructional services that individually exceed $100,000, including a brief explanation of the subject of each contract, and the contact information for personnel of the LEP who are available to answer questions about each contract. The LEP may also post a copy of any contract that exceeds $100,000 on the LEP's website in a portable document format (pdf).

Representative Holbert asked if Senator Bacon, the bill's Senate sponsor, is supportive of the amendment.

Representative Massey responded that Senator Bacon is aware of the amendment, but does not know whether or not he is in support of it. Representative Massey added that he thinks that the amendment makes the stakeholders much more happy.

The following person testified:

04:27 PM -- Dr. Jane Urschel, representing CASB, testified in support of the bill, as amended by Amendment L.007 (Attachment G). Dr. Urschel stated that she spoke with Senator Bacon and that he did not express any significant concerns over the amendment. She provided background on the bill, and stated that CASB supports the bill with the amendment.

Representative Hamner asked what the bill accomplishes, as amended.

Dr. Urschel responded that the amendment makes the bill permissive.

04:33 PM

Representative Massey discussed the amendment.

Julie Pelegrin, Office of Legislative Legal Service, came to the table to respond to committee questions.

Representative Massey asked what is considered to be a professional service, as stated in the bill. Ms. Pelegrin stated that professional service is not defined in statute, but that the bill specifies that any service, other than instructional services, falls under the provisions of the bill.

Representative Hamner asked if there is a minimum amount that the bill suggests a contract must be before it is put out for a bid or if the district can decide.

Representative Massey stated that the district may decide and that he did not want the bill to limit it to a certain dollar figure.


BILL:	SB12-051
TIME:	04:33:53 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.007 (Attachment G). The motion passed without objection.
SECONDED:	Summers
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-051
TIME:	04:39:03 PM
MOVED:	Massey
MOTION:	Refer Senate Bill 12-051, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 8-4.
SECONDED:	Schafer S.
		VOTE
	Hamner	Yes
	Holbert	No
	Joshi	No
	Kerr A.	Yes
	Murray	Excused
	Peniston	No
	Ramirez	Yes
	Schafer S.	Yes
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	No
	Massey	Yes

Final YES: 8 NO: 4 EXC: 1 ABS: 0 FINAL ACTION: PASS

04:45 PM

The committee adjourned.