Date: 02/19/2009

Final
BILL SUMMARY for SB09-131

SENATE COMMITTEE ON EDUCATION

Votes: View--> Action Taken:
Moved amendment L.001 (Attachment H), as amended.
Moved amendment L.003 (Attachment F). The motion
Moved amendment L.004 (Attachment G). The motion
Moved an amendment to amendment L.001 to make the
Moved an amendment to the bill making clear that t
Moved an amendment to the bill to make the physica
Moved an amendment to the bill, page 3, line 9, st
Refer Senate Bill 09-131, as amended, to the Commi
Pass Without Objection
Pass Without Objection
TIE
Pass Without Objection
Pass Without Objection
Pass Without Objection
Pass Without Objection
PASS



02:05 PM -- Senate Bill 09-131

Senator Romer, sponsor of Senate Bill 09-131, presented the bill to the committee. The bill requires school districts to adopt policies that incorporate 150 minutes of physical activity each week for children in kindergarten (full-day) and 12th grade.

Senator Romer explained the need for the bill, and said that he would propose an amendment removing high schools from the bill.


02:10 PM

The following persons testified:


02:11 PM --
Tara Trujillo, Colorado Children's Campaign, testified in support of the bill. Ms. Trujillo provided a handout (Attachment D), containing a guest commentary entitled "Getting our Kids Moving" written by Steven Grasmick, she also referenced a Children's Campaign issue brief, but did not provide copies for all of the committee members. Ms. Trujillo talked about the importance of physical activity in giving the brain a rest in order to stay focused. She said physical activity gets blood flowing to the brain refreshing the ability to think and contributing to learning and memory. Ms. Trujillo said that, for many low-income children, school is the only place where they can get physical activity. She talked about the issues faced by overweight children.

090219AttachD.pdf


02:16 PM --
Stacy Fowler, representing the Governor's Council for Physical Fitness, testified in support of the bill. She said children should be moving 60 minutes a day, and giving them 150 minutes of physical activity each week at school would jump start kids.


02:19 PM --
Rick Metz, representing the Colorado Association for Health, Physical Education, Recreation, and Dance (COAHPERD), testified in support of the bill. Mr. Metz said physical activity does not have to be traditional calisthenics. He said this activity will help students during the school day, making them feel better and perform better.


02:21 PM --
Jonathan Sovine, a 3rd grade student in Lakewood, testified in support of the bill. He said the bill will make it easier for kids to learn. He responded to questions from the committee. His mother, Cindy Sovine Miller, also responded to committee questions.


02:25 PM --
Vicki Newell, representing Colorado PTA, testified in support of the bill. She said recess and physical activity in schools is a high priority for PTA.


02:26 PM --
Lorez Meinhold, representing the Colorado Health Foundation, testified in support of the bill. She said physical activity impacts performance and behavior in schools. She said there are a lot of ways schools can meet the bill's requirements. She provided a handout (Attachment E) illustrating the results of a poll regarding improving nutritional standards and physical activity in schools.

090219AttachE.pdf

Senator Romer commented on the testimony and asked a question of the witness regarding decreased physical activity of children.


02:31 PM --
Helen Thompson, representing America on the Move, testified in support of the bill. She said the bill's requirements represent one half of the physical activity that is recommended for children. She talked about programs that integrate physical activity into the school day. Ms. Thompson said research shows that physical activity in school increases the attractiveness of physical activity outside of school, and increases academic performance. She said curricula exist to meet the requirements.


02:37 PM --
Dawn Nakamura Kessler, representing the American Heart Association, testified in support of the bill. She talked about the risks associated with obesity. She provided statistics about the number of obese and overweight children in the state. She said the bill follows the American Heart Association's science.


02:40 PM --
Jacqui Shumway, representing the National Association for Health and Fitness and the National Coalition for Promoting Physical Activity, testified in support of the bill. She said the 150 minutes being recommended is the absolute minimum needed. Ms. Shumway talked about past recommendations related to physical education and fitness. She said Colorado is one of five states that does not have a state minimum of physical activity in schools.


02:47 PM

Ms. Shumway responded to questions from the committee, including a question from Senator Hudak about physical education and physical activity.


02:48 PM --
Maggie Gottlieb, representing the Junior League of Denver, testified in support of the bill. She said the Junior League supports the bill as a priority bill.


02:50 PM --
Nicole Turner, representing the Poudre School District, testified in support of the bill. Ms. Turner talked about the need for legislation, saying legislation gives school districts momentum. She said the bill addresses an equity issue, allowing all children to get more physical activity during the day.

Senator Romer responded to a question from Senator King about how the requirements of the bill might be met. Ms. Turner responded as well, saying not every school would implement the bill in the same way. She also responded to a question about Poudre School District's wellness policy.


02:59 PM

Committee discussion with Ms. Turner continued.


03:00 PM --
Kathleen Kitty Kennedy, representing the Colorado Association of School Boards (CASB), testified in opposition to the bill. She said new requirements take away resources from other things.

Ms. Kennedy responded to questions from the committee. Senator Groff asked how many districts are mandating what the bill requires. Ms. Kennedy said administrators and school boards are exploring all their options, and will not have a difficult time addressing this issue. She also responded to a question from Senator Romer, and discussed with Senator Bacon whose responsibility it is to take care of children.


03:12 PM

Committee discussion with the witness continued, with a question from Senator Scheffel about how the bill will have a detrimental effect in schools. Ms. Kennedy talked about difficulty in recording keeping and reporting. Senator Romer said that if there is difficulty around the reporting requirement, he is fine with taking that out of the bill. Ms. Kennedy responded.


03:15 PM --
Dale McCall, representing the Colorado BOCES Association, testified in opposition to the bill. He said local school boards should make these kind of decisions. He responded to committee questions.


03:18 PM --
Ken Ladouceur, Superintendent of the Gilpin County School District, and representing the Colorado Association of School Executives (CASE), testified in opposition to the bill. He said he believes in the benefits to students of physical activity and he talked about his district's wellness policy. He expressed concern about handcuffing school districts who are struggling with high stakes testing numbers and achievement.


03:23 PM --
Gerald Keefe, Superintendent of the Kit Carson School District, and representing the Colorado Rural Schools Caucus, testified in opposition to the bill. He said the problem can be easily solved at the local level.


03:24 PM --
Anna Lord, representing the Manitou Springs District 14 Board of Education, testified in opposition to the bill. She talked about challenges around scheduling and budget. Ms. Lord said the board of education is open to community input and talks about these issues on a regular basis. She talked about her choices as a parent of school-aged kids. She said her main objection is that the bill is an unfunded mandate.

Senator King asked what would be considered "physical activity" under the bill. Senator Romer responded, as did Ms. Lord.


03:33 PM

Committee discussion with Ms. Lord continued, with a question from Senator Hudak about the reporting requirements of the bill.


03:34 PM

Senator Romer made closing comments to the bill. He reiterated that there are many ways schools could meet the requirements of the bill.
BILL:SB09-131
TIME: 03:37:30 PM
MOVED:King K.
MOTION:Moved amendment L.003 (Attachment F). The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachF.pdf

03:37 PM

Senator King described amendment L.004 and Senator Romer commented, saying he would prefer the committee not adopt amendment L.004, in light of amendment L.001. Committee discussion of the amendments ensued. Senator Hudak asked to sever amendment L.004 into two concepts.

03:45 PM

Brita Darling, Office of Legislative Legal Services, came to the table to respond to questions on the amendment. The committee discussed the amendment further. Senator Hudak withdrew the request to sever. Senator Heath asked for clarification of the committee's agreements on the bill.

BILL:SB09-131
TIME: 03:37:39 PM
MOVED:King K.
MOTION:Moved amendment L.004 (Attachment G). The motion was WITHDRAWN.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: WITHDRAWN

090219AttachG.pdf

3:49 PM

Ms. Darling responded to committee questions about amendment L.001 and Senator Romer's amendment to the amendment, as did Senator Romer. Committee discussion ensued.

BILL:SB09-131
TIME: 03:49:42 PM
MOVED:Romer
MOTION:Moved an amendment to amendment L.001 to make the bill apply only to elementary schools. The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-131
TIME: 03:55:22 PM
MOVED:Romer
MOTION:Moved amendment L.001 (Attachment H), as amended. The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090219AttachH.pdf

BILL:SB09-131
TIME: 03:56:07 PM
MOVED:Hudak
MOTION:Moved an amendment to the bill to make the physical activity requirement 120 hours for schools that meet four days per week. The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection



BILL:SB09-131
TIME: 03:59:01 PM
MOVED:King K.
MOTION:Moved an amendment to the bill making clear that the bill's requirement does not dictate instruction in the classroom. The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-131
TIME: 04:00:30 PM
MOVED:Hudak
MOTION:Moved an amendment to the bill, page 3, line 9, strike "ON OR BEFORE DECEMBER 1, 2009,". The motion passed without objection.
SECONDED:
VOTE
Groff
Heath
Hudak
King K.
Scheffel
Spence
Romer
Bacon
Not Final YES: 0 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:SB09-131
TIME: 04:01:37 PM
MOVED:Romer
MOTION:Refer Senate Bill 09-131, as amended, to the Committee of the Whole. The motion passed on an 8-0 vote.
SECONDED:
VOTE
Groff
Yes
Heath
Yes
Hudak
Yes
King K.
Yes
Scheffel
Yes
Spence
Yes
Romer
Yes
Bacon
Yes
Final YES: 8 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS




04:02 PM

The committee took a ten minute recess.