House Committee on Education (03/26/2012)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	03/26/2012	ATTENDANCE

Time:	01:34 PM to 04:08 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	X
This Report was prepared by		Schafer S.	E
	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:
HB12-1324 HB12-1043 SB12-036 SB12-067		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:34 PM -- House Bill 12-1324

Representative Massey, Chair, made opening remarks and called the meeting to order. Representative Scott and Representative Massey, co-prime sponsors of House Bill 12-1324, presented the bill. The bill changes the role and mission of Colorado Mesa University. Under current law, the university's admission standard is "moderately selective." This bill changes the admission standard to "selective." The bill also increases the number of members of the board of trustees from eleven to thirteen.

The following person testified:

01:38 PM -- Tim Foster, President, Colorado Mesa University (CMU), testified in support of the bill. President Foster stated that Representative Massey did a good job of walking through the bill. He added that the bill will increase the board membership by two -- a faculty member and a student -- who will be nonvoting members of the board.

Representative Peniston asked why the additional two board members would not be voting members. President Foster responded.

Committee discussion with President Foster concerning the bill, CMU's admissions standards, and board membership, ensued.


BILL:	HB12-1324
TIME:	01:57:26 PM
MOVED:	Massey
MOTION:	Refer House Bill 12-1324 to the House Committee of the Whole. The motion passed on a roll call vote of 12-0.
SECONDED:	Ramirez
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Excused
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:59 PM -- House Bill 12-1043

Representative Todd took a moment to introduce students from Overland High School and Regis High School, stating that the students are visiting the capitol and shadowing her on their first day of spring break. Representative Massey invited Representative Conti to the table to present her bill. He stated that the hearing would be re-opened for House Bill 12-1043, which was returned to the House Education Committee after its hearing and referral to the House Committee of the Whole on January 25, 2012.

Representative Conti, sponsor of House Bill 12-1043, presented the bill. As introduced, the bill expands options for students wishing to enroll concurrently in high school and college courses. If, at the beginning of his or her senior year, a student needs less than full-time enrollment to complete graduation requirements, the school district must allow the student and his or her parents to decide if the student:

• completes the remaining requirements and graduates early;
• continues to enroll exclusively in high school courses; or
• concurrently enrolls at an institution of higher education.

Under current law, students in grades 9 through 12 who wish to concurrently enroll must get permission from their school district. A qualified student in his or her senior year as described in House Bill 12-1043 does not need approval from the school district.

The bill allows students to concurrently enroll for up to 15 credit hours per semester at an institution of their choice through their senior year, and requires every school district to enter into at least one cooperative agreement with an institution of higher education allowing concurrent enrollment. If a student chooses an institution for which the student's school district does not have a cooperative agreement, the student may choose another institution with which a cooperative agreement does exist. The cooperative agreement must specify that the district will pay a portion of the student's tuition. This portion may not exceed the student share of in-state tuition charged at community colleges.

Institutions of higher education may also receive College Opportunity Fund (COF) stipends on behalf of these students. The student is responsible for any additional tuition and student fees. For the purposes of the School Finance Act (SFA), the school district shall include the student in the district's funded pupil count. For COF purposes, the institution of higher education shall include the student in determining student FTE.

Julie Pelegrin, Office of Legislative Legal Services, came to the table to walk the committee through Amendment L.016 (Attachment A). She stated that the amendment is a total re-write of the bill.

The following persons testified:

02:10 PM -- Dr. Jane Urschel, Colorado Association of School Boards (CASB), testified in opposition to the bill. Dr. Urschel stated that CASB believes that current law already accommodates the provisions that are included in the bill. She stated that the real problem is that students and parents are not aware of the concurrent enrollment programs that exist.

02:11 PM -- Dr. Matt Gianneschi, Deputy Executive Director, Colorado Department of Higher Education (DHE), came to the table to respond to questions from the committee. He stated that DHE has no position on the bill. Committee discussion of the bill with Dr. Gianneschi ensued.

02:13 PM

Representative Massey moved a conceptual amendment to Amendment L.016 (Attachment A). The conceptual amendment to Amendment L.016, is: page 3, line 19, strike "shall" and substitute "may"; line 22, strike the semi-colon after "concurrently" and substitute a period; line 22, strike "except that the superintendent, the"; strike lines 23 through 26.


BILL:	HB12-1043
TIME:	02:17:09 PM
MOVED:	Massey
MOTION:	Adopt a conceptual amendment to Amendment L.016 (Attachment A). Amend prepared Amendment L.016, page 3, line 19, strike "shall" and substitute "may"; line 22, strike the semi-colon after "concurrently" and substitute a period; line 22, strike "except that the superintendent, the"; strike lines 23 through 26. The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1043
TIME:	02:20:09 PM
MOVED:	Massey
MOTION:	Adopt prepared Amendment L.016 (Attachment A), as amended. The motion passed without objection.
SECONDED:	Holbert
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB12-1043
TIME:	02:21:32 PM
MOVED:	Holbert
MOTION:	Refer House Bill 12-1043, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 10-1.
SECONDED:	Murray
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Yes
	Peniston	Yes
	Ramirez	Excused
	Schafer S.	Excused
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 10 NO: 1 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:23 PM -- Senate Bill 12-036

Representative Holbert, sponsor of Senate Bill 12-036, presented the bill. Under current law, school districts must obtain written parental consent before requiring student participation in a survey, analysis, or evaluation that addresses or requests certain personal student information. This bill adds assessments to this list of documents for which prior parental consent is required. In addition, prior parental consent must be obtained prior to requiring social security numbers or information regarding religious affiliation. For a parent's consent to be valid, the district must make a written copy of the document available for inspection at convenient locations and times.

The following persons testified:

02:26 PM -- Larry Borland, Academy School District 20, testified in support of the bill. He discussed the need to exclude "threat assessments" from the assessments that require prior parental consent in the bill. John McDonald, representing Jefferson County schools, testified in support of the bill. He stated that the ability to keep schools and students safe is reliant upon prevention.

02:29 PM -- Patricia Femrite, representing herself as a mother of students in elementary school, testified in support of the bill. Ms. Femrite provided a handout to the committee members (Attachment B). She described her experience with her daughter's school, in which a survey was administered without her parental consent. Ms. Femrite responded to questions from the committee members.


BILL:	SB12-036
TIME:	02:38:38 PM
MOVED:	Holbert
MOTION:	Adopt prepared Amendment L.008 (Attachment C). The motion passed without objection.
SECONDED:	Ramirez
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-036
TIME:	02:41:33 PM
MOVED:	Holbert
MOTION:	Adopt prepared Amendment L.006 (Attachment D). The motion passed without objection.
SECONDED:	Beezley
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-036
TIME:	02:43:01 PM
MOVED:	Holbert
MOTION:	Adopt prepared Amendment L.003 (Attachment E). The motion passed without objection.
SECONDED:	Beezley
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-036
TIME:	02:44:10 PM
MOVED:	Holbert
MOTION:	Adopt prepared Amendment L.002 (Attachment F). The motion passed on a roll call vote of 7-5.
SECONDED:	Beezley
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Yes
	Peniston	No
	Ramirez	Yes
	Schafer S.	Excused
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	Yes

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


BILL:	SB12-036
TIME:	02:55:41 PM
MOVED:	Holbert
MOTION:	Adopt prepared Amendment L.004 (Attachment G). The motion failed on a roll call vote of 5-6.
SECONDED:	Beezley
		VOTE
	Hamner	No
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Excused
	Peniston	No
	Ramirez	Yes
	Schafer S.	Excused
	Solano	No
	Summers	Yes
	Todd	No
	Beezley	Yes
	Massey	No

YES: 5 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-036
TIME:	03:09:37 PM
MOVED:	Solano
MOTION:	Adopt prepared Amendment L.009 (Attachment H). The motion failed on a roll call vote of 5-6.
SECONDED:	Todd
		VOTE
	Hamner	Yes
	Holbert	No
	Joshi	No
	Kerr A.	Yes
	Murray	Excused
	Peniston	Yes
	Ramirez	No
	Schafer S.	Excused
	Solano	Yes
	Summers	No
	Todd	Yes
	Beezley	No
	Massey	No

YES: 5 NO: 6 EXC: 2 ABS: 0 FINAL ACTION: FAIL


BILL:	SB12-036
TIME:	03:18:36 PM
MOVED:	Peniston
MOTION:	Motion to reconsider Amendment L.003. The motion passed on a roll call vote of 12-0.
SECONDED:	Hamner
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Excused
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:19 PM

Representative Holbert moved a conceptual amendment to Amendment L.003 (Attachment E). Amend printed Amendment L.003, page 1, line 4, strike "not"; after "shall" insert "allow only minimal use of"; line 5, strike "to be inappropriately used".


BILL:	SB12-036
TIME:	03:21:49 PM
MOVED:	Holbert
MOTION:	Adopt a conceptual amendment to Amendment L.003 (Attachment E). Amend printed Amendment L.003, page 1, line 4, strike "not"; after "shall" insert "allow only minimal use of"; line 5, strike "to be inappropriately used". The motion passed without objection.
SECONDED:	Peniston
		VOTE
	Hamner
	Holbert
	Joshi
	Kerr A.
	Murray
	Peniston
	Ramirez
	Schafer S.	Excused
	Solano
	Summers
	Todd
	Beezley
	Massey

YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB12-036
TIME:	03:23:55 PM
MOVED:	Holbert
MOTION:	Adopt Amendment L.003 (Attachment E), as amended. The motion passed on a roll call vote of 12-0.
SECONDED:	Peniston
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Excused
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

YES: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS


BILL:	SB12-036
TIME:	03:29:37 PM
MOVED:	Holbert
MOTION:	Refer Senate Bill 12-036, as amended, to the House Committee of the Whole. The motion passed on a roll call vote of 10-2.
SECONDED:	Beezley
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	No
	Murray	Yes
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Excused
	Solano	No
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 10 NO: 2 EXC: 1 ABS: 0 FINAL ACTION: PASS

03:34 PM -- Senate Bill 12-067

Representative Holbert, sponsor of Senate Bill 12-067, presented the bill. Effective July 1, 2013, the reengrossed bill requires that all charter schools be organized as a nonprofit corporation and prohibits a local board of education or the state Charter School Institute from authorizing a charter with a for-profit entity, or entering into a charter contract directly with a for-profit entity. The bill clarifies that charter schools may still contract with a third party entity to manage the educational services the charter school provides. The education management provider is not required to be a nonprofit entity.

The following persons testified:

03:53 PM -- Randy DeHoff, representing himself, testified in support of the bill. He stated that the bill brings the charter law up to date. He added that he sees this bill as best practices.

03:55 PM -- Vinny Badolato, representing the Colorado League of Charter Schools (CLCS), testified in support of the bill. He stated that the bill is a direct recommendation of the "1412 committee."

03:57 PM -- Dr. Jane Urschel, Colorado Association of School Boards (CASB), testified in support of the bill. Dr. Urschel discussed the "1412 committee" and their work. She stated that the bill's Senate sponsor, Senator Hudak, is very concerned about the existence of education management providers. She stated that the purpose of the bill is to address the blurring of education management providers and the board of a charter school. She added that at a conference she attended in Washington D.C. recently, the bill was seen as model legislation.

03:59 PM

Committee discussion of the tax status of charter schools in Colorado ensued.


BILL:	SB12-067
TIME:	04:06:01 PM
MOVED:	Holbert
MOTION:	Refer Senate Bill 12-067 to the House Committee of the Whole. The motion passed on a roll call vote of 11-0.
SECONDED:	Ramirez
		VOTE
	Hamner	Yes
	Holbert	Yes
	Joshi	Yes
	Kerr A.	Yes
	Murray	Excused
	Peniston	Yes
	Ramirez	Yes
	Schafer S.	Excused
	Solano	Yes
	Summers	Yes
	Todd	Yes
	Beezley	Yes
	Massey	Yes

Final YES: 11 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

04:08 PM

Representative Massey made closing remarks and the committee adjourned.