House Committee on Education (02/27/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/27/2012	ATTENDANCE

Time:	01:33 PM to 05:38 PM	Hamner	X
		Holbert	X
Place:	HCR 0112	Joshi	X
		Kerr A.	X
This Meeting was called to order by		Murray	X
	Representative Massey	Peniston	X
		Ramirez	X
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:
HB12-1220 HB12-1135 HB12-1252 HB12-1240		Referred to the Committee of the Whole Postponed Indefinitely Amended, Referred to Appropriations Amended, Referred to Finance

01:34 PM -- House Bill 12-1220

Representative Massey, Chair, called the meeting to order and announced changes to the order of the bills on the day's agenda, stating that House Bill 12-1220 would be heard first. Representative Massey welcomed Representative Becker to the table to present his bill.

Representative Becker, sponsor of House Bill 12-1220, presented the bill. The bill concerns changes to the governance structure of the Board of Governors of the Colorado State University (CSU) system and establishes the governance structure for Colorado State University - Global Campus. In 2009, Senate Bill 09-086 created the on-line university known as the Colorado State University-Global Campus (CSU-Global). The school is an on-line public university under the supervision of the Board of Governors of the CSU system (the board) and offers both undergraduate and graduate degrees.

House Bill 12-1220, re-establishes the governance structure of the CSU system, makes several clarifying and conforming changes to current statute, and more formally links the supervision of CSU-Global to the CSU board. The bill also increases the board's size by two advisory, non-voting members: one from the student body and one from the faculty at CSU-Global. The bill takes effect August 8, 2012, assuming the General Assembly adjourns on May 9, 2012, as scheduled, and no referendum petition is filed.

Representative Peniston commented on students not being more involved with the board, stating that they are the ones paying the bills for their education. She asked why student involvement is not greater within the bill. Representative Becker responded.

The following persons testified:

01:39 PM -- Mike Nosler, representing CSU System, expressed support for the bill. Mr. Nosler explained the bill and what it does. He made himself available to answer questions from the committee.

01:41 PM -- President Becky Takeda-Tinker, representing CSU-Global, expressed support for the bill. President Takeda-Tinker described CSU-Global and how it runs. She stated that CSU-Global operates with no state funding. She described the activities of the board.

01:43 PM

Representative Peniston commented on students not being more involved with the board, saying that if you don't have a vote, then you don't count. President Takeda-Tinker responded.

Representative Holbert thanked President Takeda-Tinker for providing a recent overview of the CSU-Global campus. Representative Ramirez commented on his own experience as an on-line student.

Representative Schafer asked what the range of degrees offered by the CSU-Global campus is compared to the brick and mortar campus in Fort Collins. President Takeda-Tinker responded that CSU-Global currently has eight degree programs, and seven additional programs that are going to be added.


BILL:	HB12-1220
TIME:	01:47:25 PM
MOVED:	Todd
MOTION:	Refer House Bill 12-1220 to the House Committee of the Whole. The motion passed on a roll call vote of 13-0.
SECONDED:	Holbert
		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

01:49 PM -- House Bill 12-1135

Representative Murray, sponsor of House Bill 12-1135, presented the bill. The bill requires that, no later then July 1, 2014, the State Board of Education (SBE) adopt additional rules concerning teacher evaluation. The new rules would allow school districts, when conducting teacher evaluations, to recognize the work of teachers who participate as cooperating teachers with students enrolled in teacher preparation programs at institutions of higher education.

The bill requires the Colorado Commission on Higher Education (CCHE) to modify the rules for educator preparation programs to require a minimum amount of contact hours with cooperating teachers, and sets deadlines for cooperating teachers to achieve increasing levels of qualification. Specifically, the rules must require that beginning in:

• 2012-13, all cooperating teachers have at least three years of teaching experience, be non-probationary, and successfully complete an assessment of readiness;

• 2013-14, all cooperating teachers complete additional professional development;

• 2015-16, at least 60 percent of cooperating teachers had an effective or highly effective rating in the previous school year;

• 2016-17, at least 75 percent had the rating in the previous year; and

• 2017-18, 100 percent had the rating in the previous year.

Representative Murray asked the committee to move to postpone indefinitely House Bill 12-1135.


BILL:	HB12-1135
TIME:	01:50:25 PM
MOVED:	Murray
MOTION:	Postpone House Bill 12-1135 indefinitely. The motion passed on a roll call vote of 13-0.
SECONDED:	Kerr A.
		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

01:51 PM -- House Bill 12-1252

Representative Nikkel, sponsor of House Bill 12-1252, presented the bill and distributed several handouts to the members of the committee (Attachments A through E). House Bill 12-1252 concerns the creation of an on-line database for a state institution of higher education's financial information. The bill requires that, no later than July 1, 2013, certain institutions of higher education develop, maintain, and make publicly available a searchable, on-line revenue and expenditure database. The bill requires that the institutions include the same information related to revenue and expenditures that is currently required of the Colorado Department of Transportation (CDOT).

House Bill 11-1002 required that the CDOT develop and maintain a publicly accessible, searchable, on-line database of its revenue and expenditure data. That database is required to link to the state's existing Transparency On-line Project website, and meet the following requirements:

• revenue transaction detail must include the amount received, date received, source of revenue, reason for payment, account credited, and program for which moneys were received;

• expenditure transaction detail must include the amount expended, date expended, vendor that received the payment, purchase category, and fund from which the expenditure was made; and

• detail on payments made to employees is limited to the employee's personnel area, job title, and gross year-to-date payments.

In addition to that information, the bill requires that the institutions also supply current fiscal year information for each professor at the institution that includes: annual salary, total contributions paid as benefits, expense reimbursements, and any other payment made by the state institution of higher education to the professor. The database must also contain information on the number of classes the professor has taught and the amount of grant moneys the professor received. The database must be searchable and updated at least every five business days to include new transactions.

As introduced, the bill applies only to the following institutions of higher education:

• Colorado State University;

• University of Colorado;

• Colorado School of Mines; and

• University of Northern Colorado.

The following persons testified:

02:01 PM -- Terrance Tschatschula, representing himself, expressed opposition to the bill. Mr. Tschatschula stated that he opposes the bill because it does not bring anything new to the discussion of how we fund higher education in Colorado. He gave background of his work in approving budgets. Mr. Tschatschula responded to questions from the committee.

Representative Nikkel stated that this bill is not about how institutions of higher education should be funded, but it is about providing taxpayer transparency for the money that is being spent.

02:10 PM

Representative Solano asked why only four institutions of higher education are included in the bill. Representative Nikkel discussed the opposition she thought she would face in including all state-supported institutions of higher education, and stated that an amendment to be introduced will address and expand this.

02:12 PM -- Jim Cole, representing the Colorado School of Mines, expressed opposition to the bill. Mr. Cole provided background of the Colorado School of Mines and their focus. He stated that the school has 4,500 students, including graduate and undergraduate students. He described his reasons for opposing the bill. Mr. Cole responded to questions from the committee.

Representative Nikkel stated that we have a duty to the taxpayers of Colorado to make this information readily available to them, and that doing so is the right thing to do.

Committee discussion ensued.

02:22 PM

Committee discussion continued, with Representative Peniston asking if the system is going to be complex enough to show differences in instructors' responsibilities. Representative Nikkel referred the committee to page five of the printed bill, which outlines the information that would be required to be reported.

Representative Massey referred to page five, line 14, of the printed bill and suggested making a change to include student count.

Mr. Cole responded to additional questions from the committee.

02:28 PM -- Jessica Peck, representing the Open Government Institute, did not express a position on the bill. Ms. Peck provided information on the importance of accountability. She stated that the bill is a step in the right direction. She stated that students and parents are carrying institutions of higher education on their backs. She provided information on her involvement with the University of Colorado. She stated that we cannot hold universities accountable where citizens cannot see what is going on inside of them. She added that it is critical that we know about year-over-year increases to spending, as students are seeing tuition increases year after year.

02:37 PM

Ms. Peck responded to questions from the committee. The committee discussed the use of the information and how it will impact the public. Ms. Peck stated that it is about creating an environment of transparency. Representative Murray commented that this goes back to whatever is measured or revealed is paid attention to by the groups who run the institutions. She stated that when this knowledge becomes public, it will be treated differently by the groups making decisions at the institutional level.

Representative Beezley asked if Ms. Peck thinks that having this information available will help people make more rational decisions. Ms. Peck responded in the affirmative.

Representative Todd asked about the tax status of Ms. Peck's organization. Ms. Peck stated that Open Government Institute is a 501(c)3 organization. She provided the organization's web address: www.ogicolorado.org.
Representative A. Kerr asked, since the Open Government Institute is a tax-exempt organization, if Ms. Peck's salary information is available on the website. Ms. Peck responded that her organization complies with all disclosure requirements for a 501(c)3.

02:53 PM -- Regent Jim Geddes expressed support for the bill. Regent Geddes explained that he is not testifying on behalf of the University of Colorado Board of Regents, but that he is representing himself. Regent Geddes gave background of his experience as a student at the University of Colorado, and the increases he has observed in tuition levels since he was a student. He stated that he wants to see all qualified and motivated citizens in the state be able to attend the school at an affordable price. He stated that he thinks transparency will motivate the school to do the best they can with every dollar.

Regent Sue Sharkey joined Regent Geddes at the table. Regent Sharkey expressed support for the bill and stated that she is not representing the University of Colorado Board of Regents. She stated that she is representing herself as a parent of a student. Regent Sharkey stated that with the massive tuition hikes that have occurred, it is time that the public has a voice regarding the increases, but without access to that information, it is not possible for the public to hold institutions of higher education accountable. She stated that transparency promotes accountability and that the public should have easy access to this information. Regent Sharkey discussed student loan debt and the default rate. She added that this bill is not intended to expose wrongdoing, but to give taxpayers, parents, and students the ability to understand what is happening in the world of higher education.

Committee discussion ensued. Representative Todd asked if the information required by the bill is available to the Board of Regents. Regent Sharkey stated that it is. Representative Hamner followed up on Representative Todd's question, asking why then, are the regents not making this happen currently and why the regents are not sharing this information with their constituents. Regent Sharkey responded that most families would not know to call a regent for this information. She continued, stating that when families are sitting down to make the decision as to where their child is going to attend school, this information needs to be available to them so they do not struggle with who they should ask.

Regent Geddes added to Regent Sharkey's response, stating that the Board of Regents is made up of nine individuals who govern the university, and that the university is a big business and a bureacracy. He continued, stating that within the ranks of the university, there are lifetime employees who have a lot of influence concerning where the university goes, and that puts the regents at a handicap in focusing on the financial aspects of the school. He added that he feels it would be very fruitful for the public to have direct and immediate access to this information. He stated that it would be a far more fruitful and efficient manner than expecting the public to contact a regent when they are seeking this information.

Regent Sharkey added that she is working on drafting a resolution for the University of Colorado Board of Regents which asks the regents to support House Bill 12-1252.

03:15 PM

The committee discussed the fiscal note. Regent Geddes stated that he has a fiduciary responsibility to the students of the university and to the state, not the institution. He stated that he has heard that a program can be created to get this information into one database and that it won't be as costly as suggested. He added that the net savings to the taxpayer and to students paying tuition will be positive.

Regent Sharkey discussed the recent salaries raises that took place at the university and how the media and public have responded to this information. She stated that she has received e-mails and calls from many people who are outraged that this has occurred. She stated that, as a result of this information having been made public, the university has reversed the 15.7 percent tuition increase that it had planned to implement.

03:20 PM -- Matt Arnold, representing himself, expressed support for the bill. Mr. Arnold stated that lack of transparency is very much an issue and that transparency is the first step in gaining accountability. He stated that the information that came out in the media was through open records requests, but that this information should be readily accessible to taxpayers without having to do an open records request. He described his own experience with trying to locate this information, stating that the information is not in a searchable format and is not easily available to the public. He added that creating the database for this information would be a great graduate school project for Information Technology students.

03:28 PM -- Tosh Grebenik, student at the University of Colorado and representing himself, expressed support for the bill. Mr. Grebenik provided background of himself and his experience at the University of Colorado. He stated that he agrees that the bill will provide a greater level of accountability and disclosure, but he would like to also see administrative costs included in the disclosed information.

03:33 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, expressed support for the bill. Mr. Romberg stated that basically all records are open to the public. He stated that he supports this bill because now that the information is public, we need to look at what is being done to help facilitate the public in finding this information. He stated that the bill creates a more efficient way for people to access the information, rather than having to go to the government for each request.

Representative Peniston asked if Mr. Romberg would prefer the bill to include all positions at the universities. Mr. Romberg responded that what is important is what the public finds most important, and that in general, he believes that the concept of having more information available is important.

Representative A. Kerr asked if the Colorado Press Association would welcome an amendment that would require all Colorado institutions of higher education to be included in the provisions of the bill. Mr. Romberg responded that the Colorado Press Association would be supportive of making more information available.

03:38 PM -- Linda Williams, representing herself, expressed support for the bill. Ms. Williams gave background of herself and her desire to be involved in her children's education.

03:44 PM -- Amy Oliver Cooke, representing the Transparency Project, expressed support for the bill. Ms. Cooke provided handouts to the committee (Attachments F though H). Ms. Cooke gave background of her experience in attempting to answer the question of what drives costs at institutions of higher education in Colorado. She discussed her recent experience of filling out the Free Application for Federal Student Aid (FAFSA) on behalf of her son and the amount of personal information she was required to disclose. She stated that she thinks that institutions of higher education should be required to turn over that same level of information to her. She stated that Colorado ranks as one of the states with the highest default rates on student loans. She described her work to gather financial information from the Colorado Commission on Higher Education (CCHE) and the challenges she went through.

03:56 PM

Representative Massey distributed Amendment L.001 (Attachment I) and explained that the amendment causes all Colorado institutions of higher education that receive College Opportunity Fund (COF) monies to comply with the requirements of the bill.

Ed DeCecco, Office of Legislative Legal Services, came to the table to respond to questions from the committee regarding the bill's language.


BILL:	HB12-1252
TIME:	03:57:00 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.001 (Attachment I). The motion passed without objection.
SECONDED:	Holbert
		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:	HB12-1252
TIME:	03:58:12 PM
MOVED:	Ramirez
MOTION:	Refer House Bill 12-1252, as amended, to the Committee on Appropriations. The motion passed on a roll call vote of 10-3.
SECONDED:	Beezley
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Yes
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	Yes

Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:15 PM -- House Bill 12-1240

Representative A. Kerr, sponsor of House Bill 12-1240, presented the bill. The bill addresses several areas of statute governing K-12 education. The bill:

allows the Colorado Department of Education (CDE) to accept private donations from any source to implement teacher evaluation laws;

removes the requirement that the State Board of Education (SBE) receive and make copies available of collective bargaining agreements;

requires that the Office of Legislative Legal Services (OLLS) inform the Educational Data Advisory Committee (EDAC) of any introduced legislation that creates a new data-reporting requirement on K-12 education;

stipulates that for charter schools that operate a full-day kindergarten program, the schools may include their supplemental kindergarten enrollment to calculate the school's negotiated funding under the charter contract;

extends the deadline by which the SBE must adopt high school graduation guidelines;

extends the deadline by which the CDE must include diploma endorsements as indicators of student performance;

modifies the criteria for awarding Schools of Excellence awards;

clarifies terms used in on-line education;

repeals the military dependent supplemental pupil enrollment aid program;

increases from 6 to 10 the number of charter school food authorities;

requires that the CDE inform a local board of education if it approves a letter of intent on emergency services; and

removes the requirement that school districts certify the amount of an impact assistance grant to the SBE.

Representative A. Kerr walked the committee through each section of the bill, explaining the changes made by House Bill 12-1240. He responded to committee questions.

The following person testified:

04:43 PM -- Leanne Emm, Director of Public School Fiance, Colorado Department of Education, expressed support for the bill. She stated that the bill provides clarity, increases efficiency, eliminates redundancies, and will adjust certain deadlines to allow time to meet requirements. Ms. Emm made herself available to answer questions from the committee.

Representative Solano asked about section five of the bill.

Jeff Blanford, Grants Fiscal Management Director, Colorado Department of Education, came to the table to respond. Mr. Blanford and Representative Solano discussed the department's budget request and Race to the Top monies received by the department.

Representative Holbert stated that he sees that the bill addresses on-line virtual providers and asked if they have had input on the bill.

Ms. Emm returned to the table to respond, stating that the Colorado Virtual Academy (COVA) was planning to testify in support of the bill. She stated that the Colorado League of Charter Schools (CLCS) had also planned to testify in support of the bill.

Representative A. Kerr stated that he knows that COVA has been working on some possible technical language changes, and he knows that they support the intent of the bill. He stated that he knows that CLCS is in support of the bill.

04:51 PM

Representative A. Kerr discussed Amendments L.001, L.002, and L.003 (Attachments J, K, and L, respectively).


BILL:	HB12-1240
TIME:	04:53:03 PM
MOVED:	Kerr A.
MOTION:	Adopt prepared Amendment L.001 (Attachment J). The motion passed without objection.
SECONDED:	Todd
		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:	HB12-1240
TIME:	04:53:36 PM
MOVED:	Kerr A.
MOTION:	Adopt prepared Amendment L.002 (Attachment K). The motion passed without objection.
SECONDED:	Todd
		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:	HB12-1240
TIME:	04:55:53 PM
MOVED:	Kerr A.
MOTION:	Adopt prepared Amendment L.003 (Attachment L). The motion passed without objection.
SECONDED:	Schafer S.
		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

04:59 PM

Representative Murray distributed Amendments L.004 and L.005 (Attachments M and N, respectively). She explained that Amendment L.004 (Attachment M) relates to licensing of individuals who may have their records closed. She stated that the amendment gives the Commissioner of Education the authority to issue subpoenas to compel the production of relevant documentation in support of the department's investigation of allegations against educators.

Extensive committee discussion of Amendment L.004 ensued. Jane Ritter, Office of Legislative Legal Services, came to the table to respond to committee questions.

Representative A. Kerr stated that this is the first time he has heard about Amendments L.004 and L.005 (Attachments M and N, respectively).

05:12 PM

Representative Massey called Anne Barkis, Legislative Liaison, Colorado Department of Education, to the table to respond to committee questions about Amendment L.004 (Attachment M). Ms. Barkis stated that Amendment L.004 is something that the Commissioner of Education had communicated to her that he wanted included in the bill. Ms. Barkis stated that the draft of the amendment was vetted with the department's legal counsel.

Lengthy committee discussion ensued surrounding the timing with which Amendments L.004 and L.005 were brought forward.

05:20 PM

Committee discussion continued.


BILL:	HB12-1240
TIME:	05:27:46 PM
MOVED:	Murray
MOTION:	Adopt prepared Amendment L.004 (Attachment M). The motion passed on a roll call vote of 7-6.
SECONDED:	Summers
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:28 PM

Representative Murray explained Amendment L.005 (Attachment N). Committee discussion of the amendment ensued.


BILL:	HB12-1240
TIME:	05:31:59 PM
MOVED:	Murray
MOTION:	Adopt prepared Amendment L.005 (Attachment N). The motion passed on a roll call vote of 7-6.
SECONDED:	Holbert
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	Yes

YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

05:32 PM

Representative Solano thanked Representative A. Kerr for bringing the bill and for his work. She stated that she could no longer support the bill with the addition of Amendments L.004 and L.005 (Attachments M and N, respectively).

Representative Todd stated that she applauds Representative A. Kerr for his work on this bill. She discussed the introduction of Amendments L.004 and L.005 and stated that she would like the Commissioner of Education and the State Board of Education to take a stance on the provisions contained in those amendments.


BILL:	HB12-1240
TIME:	05:36:51 PM
MOVED:	Beezley
MOTION:	Refer House Bill 12-1240, as amended, to the Committee on Finance. The motion passed on a roll call vote of 7-5.
SECONDED:	Summers
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Excused
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	No
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	Yes

Final YES: 7 NO: 5 EXC: 1 ABS: 0 FINAL ACTION: PASS

05:38 PM

The committee adjourned.