Bill Summary for Bill Number SB12-046

Date: 05/02/2012

Final
BILL SUMMARY for SB12-046

HOUSE COMMITTEE ON EDUCATION

Votes: View-->	Action Taken:
Refer Senate Bill 12-046 to the House Committee of	PASS

12:04 PM -- Senate Bill 12-046

Representative Nikkel and Representative Levy, co-prime sponsors of Senate Bill 12-046, presented the bill. The reengrossed bill allows public school officials discretion in assigning suspensions and expulsions, where punishment is mandatory under current law. The bill also establishes a mechanism for data provision from public schools, law enforcement, and district attorneys to state agencies. The bill was recommended by the Task Force on School Discipline interim committee. Among many provisions, this bill:

• requires local law enforcement agencies to report data on student arrests and other disciplinary actions to the Division of Criminal Justice (DCJ) in the Department of Public Safety (DPS);
• requires the district attorney of each judicial district to annually report to the DCJ the number of offenses, and other information, on school grounds;
• requires the provision of a training curriculum for School Resource Officers (SRO);
• modifies the safe school reporting requirements; and
• requires a post-enactment review by legislative service agencies after two years, which considers the information provided to DCJ by law enforcement and district attorneys.

The bill sponsors discussed the bill. Representative Nikkel discussed the activities of the Task Force on School Discipline interim committee. She stated that zero tolerance policies have had unintended consequences and that the high incidence of referrals to law enforcement for in-school behavioral problems is due to poorly crafted policies. Representative Levy said that students are being suspended from school for actions that do not warrant suspension. She added that the main goal of the bill is to keep kids in school and to keep them from becoming involved in the criminal justice system.

The bill sponsors responded to questions from the committee.

The committee members were provided a packet of information in support of the bill (Attachment A).

The following persons testified:

12:10 PM -- Kevin West, Director of Intervention Services at Adams 12 Five Star Schools, testified in support of the bill. Mr. West stated that the Adams 12 school district has just over 40,000 students. He discussed his involvement in youth issues, noting that his goal is to keep kids in school safely and without classroom disruptions. He discussed his involvement in expulsion and suspension cases since 2001. Mr. West provided real-life examples of how he views the current system to be backwards. He stated that under current law, if a student were to sell another student a ritalin pill for one dollar, that student would face mandatory expulsion. On the other hand, he said, a student could carry a bag full of marijuana around the school all day, and not sell any of it, and not face mandatory expulsion under the law. In the latter case, he said, the school district would have discretion to determine the correct consequences for the student. He continued to provide examples, stating that, if a student threatens another, the student does not face mandatory expulsion; however, if a student commits a specific crime off campus, the school has discretion to determine if the student should be suspended. He stated that zero tolerance laws were created before information-sharing laws were developed, and that there is greater knowledge now about keeping kids safe than there was when zero tolerance laws were put into place. He stated that the bill will result in cost savings to school districts as the formal expulsion proceedings are costly. He added that the bill allows the school district discretion to take into account the students' age and developmental stage in responding to behavioral issues.

Mr. West responded to questions from the committee.

12:27 PM -- Chief John Jackson, representing the Colorado Association of Chiefs of Police, testified in support of the bill. Chief Jackson stated that changes need to be made to enhance the safety of the schools in Colorado. He stated that police chiefs across the state are very concerned about the safety of all persons on all campuses, and that a uniformed police presence in schools makes the school safer and makes the people on the campus feel safer. He discussed the role of school resource officers (SRO). He said that for all of the 178 school districts in Colorado, there are only 200 SROs across the state, which means that not every school has an assigned SRO. He discussed the changes that took place in the feeling of safety experienced by the faculty in Monte Vista after an SRO was placed in their school. He said that a faculty poll conducted in 2009 revealed that only 52.6 percent of the teachers felt safe in their workplace; in 2010 the poll was administered again, after a SRO was assigned to the school, and found that 87.5 percent of teachers felt safe. He discussed his work in the Cherry Creek School District, noting the great relationship that exists between the district and law enforcement. He stated that continued success means having good relationships with the school districts. Finally, he discussed the training for SROs.

Chief Jackson responded to questions from the committee.

12:44 PM -- Annmarie Jensen, representing the Colorado Coalition Against Sexual Assault and the Colorado Coalition Against Domestic Violence, testified in support of the bill. Ms. Jensen discussed how the bill applies to victims of sexual assault and domestic violence. She discussed language in the bill related to restorative justice. She stated that restorative justice is not recommended for cases of sexual assault and domestic violence and discussed the training for SROs that will bring awareness to the issue. She stated that she appreciates the data collection piece of the bill, noting that the data will show where law enforcement is being under- and over-utilized.

Ms. Jensen responded to questions from the committee.

12:51 PM -- Peg Ackerman, representing the County Sheriffs of Colorado, testified in support of the bill. She quoted a sentiment she heard from a student who served on the Task Force on School Discipline interim committee: "zero tolerance makes adults look like idiots." She stated that she does not think that backing off of the zero tolerance policies is going to endanger schools. She applauded the training requirement in the bill and stated that she has no problem with the reporting requirements, noting that data collection will show whether or not we are on the right path.

12:53 PM -- Dionna Hudson, representing herself and other high school students, testified in support of the bill. Miss Hudson stated that high school students are the groups most affected by this issue. She stated that the bill will help keep kids in school. She described the experience of her brother, who was expelled after a custodian overheard him complaining about the principal at the school; and the experience of her friend, who was expelled after trying to break up a fight in the cafeteria. She stated that students as young as ages nine and ten are being expelled and ticketed for minor offenses that could have been dealt with in the school. She stated that school professionals should be allowed to make common sense calls about student behavior. She added that the bill will allow students to learn from their mistakes, while keeping them in school.

Miss Hudson responded to questions from the committee.

12:56 PM

The bill sponsors provided closing comments to the bill and responded to questions from the committee members.

Representative Levy thanked the members of the Task Force on School Discipline interim committee for their hard work. She stated that it was a diverse group of people working on the bill and that no one walked away from it. She added that the bill creates a better environment in schools and encourages schools to develop policies to reduce student exposure to the criminal justice system.

The committee members discussed their positions on the bill.


BILL:	SB12-046
TIME:	12:59:44 PM
MOVED:	Todd
MOTION:	Refer Senate Bill 12-046 to the House Committee of the Whole. The motion passed on a roll call vote of 13-0.
SECONDED:	Beezley
		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

01:12 PM

Representative Massey announced that the House Education committee would be meeting on Monday, May 7, at 1:30 p.m. to hear any bills assigned to the committee.

The committee adjourned.