House Committee on Education (01/26/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	01/26/2009	ATTENDANCE

Time:	01:34 PM to 03:53 PM	Baumgardner	E
		Benefield	E
Place:	HCR 0112	Massey	X
		Middleton	E*
This Meeting was called to order by		Murray	X
	Representative Merrifield	Peniston	X
		Priola	X
This Report was prepared by		Scanlan	X
	Katey McGettrick	Schafer S.	X
		Summers	E
		Todd	X
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1099 HB09-1082 HB09-1078		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Referred to the Committee of the Whole

01:35 PM -- House Bill 09-1099

Representatives Roberts and A. Kerr, co-prime sponsors of House Bill 09-1099, regarding the Colorado Youth Advisory Council, presented their bill to the committee. Representative Roberts explained that House Bill 09-1099 clarifies provisions in current law regarding the Colorado Youth Advisory Council. She also shared some of the activities of the Council since its establishment, including the fundraising efforts. Representative Roberts noted that House Bill 09-1099 addresses some of the logistical challenges that the Council faced at its inception, and reviewed the provisions of the bill.

01:39 PM

Representative Roberts noted that the Council held its first meeting at the end of October 2008, and shared the minutes from that meeting and the funding for FY 2008-09 (Attachment A). Representative Peniston asked how the legislative members are appointed. Representative Roberts explained that they were appointed by the Speaker and the President, and that Senator Penry is Senator McElhaney's replacement for the legislative membership. Representative Schafer asked if there are ethnic or gender guidelines for youth appointments to the Council. Representative Roberts explained that there are.


BILL:	HB09-1099
TIME:	01:44:30 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1099 to the Committee of the Whole with a favorable recommendation. The motion passed on 10-0-3 vote.
SECONDED:	Todd
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

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

01:45 PM -- House Bill 09-1082

Representative Peniston, sponsor of House Bill 09-1082, regarding the recording of school board public meetings, presented her bill to the committee. She explained that the bill is about transparency, and does not cost school districts money because the bill only requires that school boards use the technology currently available within the district.

01:48 PM

The following people testified on the bill:

01:48 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified against the bill because the association has not heard of this as being a statewide problem, and because CASE is unclear on how to handle implementing the usage of the "best available technology" as written in the bill. Mr. Caughey further explained that CASE believes the best way to record meeting minutes should be left for the local school district to decide. Mr. Caughey explained that some rural districts reported to CASE that they have not received a single request for minutes in 10 years. He also asked why charter schools are not included in the bill.

01:52 PM

Representative Middleton asked about the minimum recording requirements in response to Mr. Caughey's testimony that the technology requirement would be onerous. Mr. Caughey replied that school districts are unclear if the district has a cable tv station if it must be used, or if using a tape recorder sufficient. Representative Middleton suggested using a minimum standard for a recording, instead of using the "best available technology" language currently in the bill.

01:55 PM

Representative Peniston explained that the bill is not intended to be onerous, only to ask districts to use the best technology available. She emphasized that this does not mean that because a TV station is available that a board meeting must be vide- recorded. Representative Peniston explained the bill does not require a district to update its technology resources continously. Representative Massey asked Mr. Caughey if local school districts can currently decide what kind of audio technology to use. Mr. Caughey replied that this is the case. Representative Middleton stated that clarification on best available technology is needed in the bill. Representative Murray suggested removing the word "best" from the bill, to emphasize that the school district is to use what is available, not to purchase new technology. Representative Murray asked if Mr. Caughey knows how many school districts currently keep audio recordings of meetings.

02:01 PM

Mr. Caughey replied that while he had not conducted a survey, he believes most school boards have written minutes. Representative Murray asked if school boards are required to record executive sessions. Representative Peniston explained that they are required by state law to do so, but it is not released unless there is a court case. Representative Murray asked if the minutes are action only or transciption. Representative Peniston explained that decision is up to each school board. Representative Middleton asked since the current statute requires recordings for executive session minutes, could House Bill 09-1082 mirror the language in current law. She also asked about including charter schools. Representative Peniston asked if the question regarding charter schools could be left to some of the witnesses set to testify.

02:06 PM

Representative Priola also expressed concern about the "best available techology" language, and suggested new wording for the bill. Representative Merrifield requested that committee members hold off on amending the bill until the amendment phase of the hearing. Representative Todd asked how long the school districts would be required to store the recordings. She also presented concerns about the sound quality of the recordings which she thought could indirectly result in an unfunded mandate for school districts who may feel compelled to purchase high quality audio recorders in order to be in compliance with the law.

02:10 PM

Representative Scanlan explained that in Summit County the board both uses an old tape recorder and posts minutes, and that the minutes serve the district better than the tape recorder because it is difficult to hear the proceedings on tape. Representative Scanlan further noted that she has not heard this as an area of concern from constituents seeking minutes of board proceedings. Representative Solano asked if school boards are required to keep minutes in state law. Representative Massey asked if county commissioners are required to record meetings. Representative Peniston explained that they are.

02:16 PM

Representative Schafer presented concerns about all the mandates on school districts, and that this bill presents another burden to the district. Representative Peniston indicated that many secretaries use the recordings to generate the minutes, so therefore the audio recordings must be of sufficient sound quality.

02:20 PM -- Jane Urschel, representing the Colorado Association of School Boards, presented concerns about the bill, and explained that CASB would not be taking a position on the bill until after CASB's legislative committee meets.

02:25 PM -- Dean Valente, representing himself, testified in support of the bill, and shared his experience with getting audio recordings of school board meetings and with finding out more detail on a meeting than was provided in the minutes.

02:33 PM -- Bill Christopher, representing himself, testified in support of the bill, and explained that other local entities are required to audio record public meetings.

02:38 PM -- Marilyn Flockman, representing herself, testified in support of the bill.

02:42 PM -- Angie Layton, representing herself, testified in support of the bill because of the importance of having a primary source record as opposed to written minutes only.

02:44 PM -- Greg Romberg, representing the Colorado Press Association and the Colorado Broadcasters Association, testified in support of the bill because it increases transparency in government operations.
02:46 PM

Representative Solano asked Mr. Romberg if he has any recommendations on the length of time to save recordings. Mr. Romberg explained that there is a difference between saving executive session recordings and public meeting recordings. Representative Solano asked Representative Peniston how she decided on the two-year minimum. Representative Peniston replied that two years seemed to allow enough time for ongoing issues heard by a school board to be maintained on audio record.

02:49 PM

Representative Todd asked Mr. Romberg what would be an acceptable minimum standard for recording devices. Mr. Romberg explained that the membership of the associations he is representing has not spoken about this issue.

02:51 PM -- Vicki Newell, representing Colorado PTA, testified in support of the bill and shared her experience with reading school board minutes.


BILL:	HB09-1082
TIME:	02:53:49 PM
MOVED:	Peniston
MOTION:	Moved amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Todd
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1082
TIME:	02:55:27 PM
MOVED:	Peniston
MOTION:	Moved to strike "the best" on page 2, line 13. After discussion among committee members, the motion was withdrawn.
SECONDED:
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: TIE


BILL:	HB09-1082
TIME:	03:03:00 PM
MOVED:	Massey
MOTION:	Moved a conceptual amendment to substitute "the best" on page 2, line 13, and substitute "appropriate", and to add language providing for the district to use its own discretion in determining the appropriate technology for recording meetings. The motion passed without objection.
SECONDED:	Murray
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers	Excused
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 3 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1082
TIME:	03:05:10 PM
MOVED:	Peniston
MOTION:	Moved to strike "two years" on page 2, line 21and substitute "one year". The motion passed on a 8-2-3 vote.
SECONDED:	Todd
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey	Yes
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	No
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 8 NO: 2 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:07 PM

Representative Peniston concluded her remarks on the bill. Representative Massey explained that he would be voting no on the bill. Representative Merrifield stated that he would support the bill.


BILL:	HB09-1082
TIME:	03:09:05 PM
MOVED:	Peniston
MOTION:	Moved to refer House Bill 09-1082, as amended, to the Committee of the Whole. The motion passed on a 9-1-3 vote.
SECONDED:	Priola
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey	No
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 9 NO: 1 EXC: 3 ABS: 0 FINAL ACTION: PASS

03:13 PM -- House Bill 09-1078

The committee recessed briefly before hearing House Bill 09-1078.

03:17 PM

The committee came back to order, and Representative Ryden, sponsor of House Bill 09-1078, regarding foster parent training for individualized education programs (IEPs), presented her bill to the committee.

03:18 PM

Representative Peniston asked why the training is being done through the Department of Human Services instead of the Department of Education. Representative Ryden replied that she would have to find a response for her.

03:19 PM

The following people testified on the bill:

03:20 PM -- Marijo Rymer, representing the ARC of Colorado, testified in support of the bill. Ms. Rymer explained that training for foster parents occurs through the Department of Human Services, and that is why it was included in the human services section of state law.

03:22 PM

Representative Murray asked what the training would consist of. Ms. Rymer explained that it would need to be promulgated through rule.

03:26 PM -- James Faulkner, representing the Bridging the Gap Program (BTG), testified in support of the bill and shared his experience as a foster child and the effect it had on his education.

03:28 PM

Representative Peniston commended Mr. Faulkner for testifying today.

03:28 PM -- Halston Green, also representing BTG, testified in support of the bill and shared his experience as a foster child and the obstacles he has faced in his education. He noted that he graduated from high school this past summer.

03:33 PM -- Zane Grant, representing Court Appointed Special Advocates in Pueblo County, testified in support of the bill.

03:39 PM

A committee discussion ensued about providing foster parents with the necessary tools to understand not only the child's IEP but also the child's educational history. Representative Merrifield asked Ed Steinberg of the Colorado Department of Education (CDE) to address some questions raised by the committee. Dr. Steinberg noted that foster parents typically do not have legal standing in IEP meetings. He also explained that there are organizations in the state that provide training to parents on IEPs. Representative Solano asked Dr. Steinberg to explain how records follow students. Dr. Steinberg explained that legislation passed in the 2008 legislative session requires more communication between DHS and school districts to improve transfer of records.

03:44 PM

Dr. Steinberg reiterated that foster parents do not have same legal standing as a biological parent under federal law, and it is the guardian ad litem that represents the child, not the foster parent. Representative Murray asked how the DHS became charged with this training. Dr. Steinberg explained that CDE also shared that question. Representative Murray asked if DHS has expertise on IEP training. Dr. Steinberg stated that he cannot speak to the department's expertise, but understands that the training would most likely be brokered with a local entity.

03:48 PM

Representative Todd stated that she thinks that there would be a training offered in cooperation with the local school district. Representative Todd also offered her thanks to Mr. Faulkner and Mr. Green for their testimony. Representative Scanlan explained that she supports the bill but is concerned that the foster parents will get the appropriate training from DHS.


BILL:	HB09-1078
TIME:	03:52:35 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 09-1078 to the Committee of the Whole with a favorable recommendation. The motion passed on a 9-0-4 vote.
SECONDED:	Massey
		VOTE
	Baumgardner	Excused
	Benefield	Excused
	Massey	Yes
	Middleton	Excused
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Excused
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 9 NO: 0 EXC: 4 ABS: 0 FINAL ACTION: PASS

03:53 PM

The committee adjourned.