Date: 04/27/2009

Final
BILL SUMMARY for SB09-226

HOUSE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved amendment L.007 (Attachment B). The motion
Moved amendment L.008 (Attachment A). The motion
Moved to refer Senate Bill 09-226, as amended, to
Pass Without Objection
Pass Without Objection
PASS



01:44 PM -- Senate Bill 09-226

Representative Gagliardi, sponsor of Senate Bill 09-226, concerning policies for the management of food allergies among school children, presented her bill to the committee.


01:48 PM

The following people testified:


01:48 PM --
John James, representing the Colorado Allergy Society, testified in support of the bill.

01:52 PM

Dr. James responded to questions from the committee.


01:54 PM --
Gary Coulter, representing the D-20 School Board, testified in support of the bill.

02:00 PM

Dr. Coulter responded to questions from the committee.


02:05 PM --
Morgan Smith, representing himself, testified in support of the bill and shared his experiences as a student with food allergies.


02:07 PM --
Jim Pietrangelo, representing himself, testified in support of the bill and shared his experience as a parent of a child with a food allergy and as an emergency responder.


02:14 PM --
Catherine Teck and Andrew Teck, representing themselves, testified in support of the bill. Ms. Teck shared her experience as a teacher and a mother of a child with food allergies.


02:18 PM --
Paulette Joswick, representing herself, testified in support of the bill. She discussed the challenges school nurses face in terms of student-to-nurse ratio.


02:21 PM --
Wendy Armstrong, representing the Colorado Association of School Boards, testified against the bill, as written. She addressed why CASB was against the bill, specifically about provisions in federal law that cover reasonable accommodations for students with allergies.


02:25 PM

Ms. Armstrong responded to questions from the committee regarding federal 504 reasonable accommodation plans, rule promulgation, substitute teachers, and preventive versus reactive measures in response to food allergies.


02:39 PM

Lucinda Hundley, representing the Consortium of Special Education Directors, testified, presenting concerns with the bill as written. She also noted that, as a member of the Colorado Association of School Executives (CASE), the association would be in support of the bill contingent upon passage of the proposed amendments to the bill.


02:48 PM --
Brenda Cappel, representing the Colorado Association of School Nurses, testified on the bill, and presented concerns with certain provisions of the bill.

BILL:SB09-226
TIME: 02:55:29 PM
MOVED:Benefield
MOTION:Moved amendment L.008 (Attachment A). The motion passed without objection.
SECONDED:Todd
VOTE
Baumgardner
Benefield
Massey
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090427AttachA.pdf

BILL:SB09-226
TIME: 02:55:52 PM
MOVED:Benefield
MOTION:Moved amendment L.007 (Attachment B). The motion passed without objection.
SECONDED:Todd
VOTE
Baumgardner
Benefield
Massey
Middleton
Murray
Peniston
Priola
Scanlan
Schafer S.
Summers
Todd
Solano
Merrifield
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090427AttachB.pdf

02:58 PM

Morgan Smith returned to the witness table to answer questions from the committee.


BILL:SB09-226
TIME: 03:00:44 PM
MOVED:Benefield
MOTION:Moved to refer Senate Bill 09-226, as amended, to the Committee of the Whole. The motion passed on a 10-3-0 vote.
SECONDED:Peniston
VOTE
Baumgardner
No
Benefield
Yes
Massey
Yes
Middleton
Yes
Murray
No
Peniston
Yes
Priola
Yes
Scanlan
Yes
Schafer S.
Yes
Summers
No
Todd
Yes
Solano
Yes
Merrifield
Yes
Final YES: 10 NO: 3 EXC: 0 ABS: 0 FINAL ACTION: PASS