House Committee on Education (02/19/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/19/2009	ATTENDANCE

Time:	01:35 PM to 04:47 PM	Baumgardner	X
		Benefield	X
Place:	HCR 0112	Massey	X
		Middleton	X
This Meeting was called to order by		Murray	E*
	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:
SB09-086 HB09-1243 HB09-1270		Referred to the Committee of the Whole Amended, Referred to Appropriations Postponed Indefinitely

01:35 PM -- Call to Order

Representative Merrifield, the chairman, called the committee to order.

01:36 PM -- Senate Bill 09-086

Representative Marostica, sponsor of Senate Bill 09-086, concerning the creation of the Colorado State University Global Campus, presented the bill to the committee.

01:39 PM

The following person testified on the bill:

01:39 PM -- Rich Schweigert, the chief financial officer of Colorado State University, responded to a question from Representative Schafer regarding the solvency of the College Opportunity Fund.


BILL:	SB09-086
TIME:	01:40:17 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 09-086 to the Committee of the Whole. The motion passed on a 12-0-1 vote.
SECONDED:	Middleton
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	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: 12 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: PASS

01:41 PM -- House Bill 09-1243

Representatives Massey and Middleton, sponsors of House Bill 09-1243, concerning high school graduation rates shared a packet of information with the committee (Attachment A). Representative Middleton asked Mr. Matt Gianneschi and Dr. Richard Wenning to testify first to accommodate their schedules.

01:42 PM

The following people testified on the bill:

01:42 PM -- Matt Gianneschi, representing the Office of Governor, testified in support of the bill, and discussed some of the recent dropout prevention activities in the state.

01:44 PM -- Richard Wenning, representing the Colorado Department of Education (CDE), testified in support of the bill.

01:46 PM

Representative Murray asked how the office would be staffed. Dr. Wenning replied that the bill allows for FTE, but that there is work required under the bill l that can be done within the department's existing budget.

01:48 PM

Representative Middleton continued reviewing the key provisions of the bill, and explained that many of the activities enumerated in the bill are already being done in the state. She also mentioned that there will be five amendments offered on the bill.

01:53 PM

The committee continued with witness testimony on the bill:

01:53 PM -- Jennifer Dounay, representing the Education Commission of the States (ECS), testified on the bill and shared a handout with the committee members on dropout prevention (Attachment B).

01:57 PM

Representative Merrifield asked about the handout, specifically about the five indicators listed in the handout that make a strong impact on middle grade achievement.

01:59 PM -- Scott Groginsky, representing Colorado Children's Campaign, testified in support of the bill.

02:02 PM -- Ken Seeley, representing the Partnership for Families and Children, testified in support of the bill. Mr. Seeley shared with the committee members some of the dropout prevention activities in school districts. He noted indicators that increase the likelihood that a student will dropout, including: truancy, out of school suspension, and course failure. He explained his organization is working on the first rural dropout study in the United States, and on another study that looks at gender differences in dropout rates.

02:08 PM -- Brian Brinkeroff, Janice Mackey, and Laura Ramos, representing Colorado Youth for Change, testified in support of the bill. Mr. Brinkeroff shared the mission of the organization, and the strategies it employs to prevent students from dropping out. Ms. Mackey explained her role in encouraging students to return to school and to find them an appropriate school setting, and that she has successfully returned 74 students to school this academic year. Ms. Ramos shared her experience as a high school dropout, and returning to school through the assistance from Colorado Youth for Change.

02:13 PM

Representative Solano asked Ms. Mackey what she sees as the common themes among dropouts. Ms. Mackey replied that teenage pregnancy, credit deficiency, and supporting family are the most common reasons students cite for dropping out of school. Ms. Ramos explained that after her pregnancy being a parent kept her from school because she felt she needed to be a parent first. Representative Summers asked why students are reluctant to the outreach. Ms. Mackey explained the students are frustrated with the system. Representative Murray asked if substance abuse is a factor. Mr. Brinkeroff replied that it is.

02:18 PM -- Fred Franko, representing the Colorado Afterschool Network, testified in support of the bill.

02:20 PM -- Cindy Wakefield, representing CDE, testified in support of the bill, and offered to answer any questions from the committee. She explained her role at the department, which includes administering a grant program in 58 school districts.

02:22 PM -- Tim Welker, representing Goodwill Industries, testified in support of the bill, and shared the program Goodwill operates in 27 schools,specifically discussing the student resource center that Goodwill operates at East High School.

02:26 PM -- Nancy Tellez, representing the Colorado Association of School Boards (CASB), testified on the bill, and explained the CASB legislative committee has not taken an official position on the bill. She shared some of the steps Poudre School District has taken to lower student dropout rates. She also presented concerns about the special designations under the bill, and how much assistance would the school districts actually receive from CDE.

02:31 PM

Representative Middleton addressed some of the questions raised by Ms. Tellez. Specifically, she explained that the State Board of Education (SBE) will determine which schools receive the special designation as high priority or priority, which she noted is tied to student population versus the number of dropouts. She further noted that there might be financial incentives for school districts that opt into the program, and that school districts will not be asked to participate at all if there is no funding to support the districts' efforts. Representative Solano asked about the cost to the school districts for the assessment piece of the bill, and expressed concern that there is no financial assistance for the assessment. Representative Middleton replied that she is sensitive to this, but that school districts already collect the data that they are being asked to review under the bill.

02:36 PM

Representative Solano added that mobility rates factor into determining priority schools, and she did not see that in the bill. She also shared that in her experience as a 5th and 6th grade teacher, she could already identify those students who were at risk for dropping out, and expressed the importance at looking at the bigger picture, and recommended having a forum for the elementary, middle school, and high school teachers to discuss transitions. Representative Massey noted that mobility rates are addressed in the bill. Representative Murray asked if all grade levels are included in the bill. Representative Middleton replied that is correct.

02:42 PM

Representative Peniston asked about the inclusion of gifted and talented children, who, she noted, are also at risk for dropping out of school. Representative Middleton explained that she would be open to including more explicit language in the bill on gifted and talented children. Representative Priola asked if the sponsors could share statistics on dropout rates. Representative Middleton referred Representative Priola to the handouts she provided to committee members.

02:47 PM

Representative Schafer noted that the department has made good efforts to lower dropout rates, but that the programs are isolated. She also discussed the parental involvement rate, and how to increase that. Representative Middleton noted that the bill mentions a review of family involvement and family support services. Representative Murray expressed concern about the expansion of bureaucracy in the bill, because she wondered once the department provides assistance to school districts to get best practices in place, if the office still be necessary. Representative Middleton explained that she specifically created an office so that the department is not required to take on more work without the structure to create the programs. She also believes that dropout prevention will ever become unnecessary, the commissioner can make the recommendation to restructure if necessary, and that CDE is one of the smallest state education departments in the country.

02:54 PM

Representative Massey also addressed Representative Murray's comments, and noted that the office could be removed at a later date by future legislators.


BILL:	HB09-1243
TIME:	02:56:06 PM
MOVED:	Middleton
MOTION:	Moved amendment L.001 (Attachment C). 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: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1243
TIME:	02:57:28 PM
MOVED:	Middleton
MOTION:	Moved amendment L.002 (Attachment D), as amended (see vote see below). The motion passed without objection.
SECONDED:	Scanlan
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1243
TIME:	02:57:51 PM
MOVED:	Massey
MOTION:	Moved amendment L.005 (Attachment E), which amended Amendment L.002. The motion passed without objection.
SECONDED:	Benefield
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1243
TIME:	02:59:55 PM
MOVED:	Middleton
MOTION:	Moved amendment L.003 (Attachment F). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1243
TIME:	03:02:01 PM
MOVED:	Middleton
MOTION:	Moved amendment L.004 (Attachment G). The motion passed without objection.
SECONDED:	Massey
		VOTE
	Baumgardner
	Benefield
	Massey
	Middleton
	Murray
	Peniston
	Priola
	Scanlan
	Schafer S.
	Summers
	Todd
	Solano
	Merrifield

Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection

03:02 PM

Representative Middleton concluded her remarks on the bill, and addressed some concerns presented by rural school districts. Representative Baumgardner stated that he would vote yes on the bill, but still has concerns that he would like to work on before it goes to the floor. Representative Summers stated that he would be voting for the bill, but expressed reluctance about certain aspects of the bill.

03:07 PM

Representative Todd expressed her support for the bill. Representative Priola also expressed his support for the bill. Representative Massey concluded his remarks on the bill.


BILL:	HB09-1243
TIME:	03:11:11 PM
MOVED:	Middleton
MOTION:	Moved to refer House Bill 09-1243, as amended, to the Committee on Appropriations. The motion passed on a 13-0 vote.
SECONDED:	Massey
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Yes
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Yes
	Schafer S.	Yes
	Summers	Yes
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 13 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS

03:11 PM

The committee took a brief recess.

03:19 PM -- House Bill 09-1270

Representative Waller, sponsor of House Bill 09-1270, concerning postsecondary enrollment options (PSEO) for private home school students, presented his bill to the committee and discussed the amendment that strikes everything below the enacting clause (SEBEC). Representative Merrifield asked where the funding from the bill would come from. Representative Waller explained that it would be through the Colorado Department of Education.

03:24 PM

Representative Benefield asked how the strike below changes the original bill. Representative Waller explained that the bill gives private and home schooled kids the same opportunities as public school children. He noted that under current law, the student must enroll in the high school for the sole purpose of registering in the postsecondary enrollment options program.

03:30 PM

The following people testified on the bill:

03:30 PM -- Lyndon Burnett, representing CASB, testified against the bill, and presented the organization's concerns on the bill.

03:33 PM

Representative Merrifield read a letter from Adams 12 Five Star School District, in opposition to the bill.

03:34 PM -- Afton Paris, representing herself as a home-schooled high school student, testified in support of the bill, discussing the savings she believed would be realized with the passage of the bill.

03:38 PM -- Josh Dasher, representing himself as a high school student, testified in support of the bill and shared his experience in trying to participate in the postsecondary enrollment options, and discussed the benefits of the bill to the state higher education system.

03:41 PM

Representative Todd asked Mr. Dasher if he is enrolled in classes at the charter school. Representative Scanlan asked how many credit hours he was enrolled in.

03:42 PM -- Cosette Davis, representing herself, testified in support of the bill because it addresses three specific needs: access to college, savings to the state, and the value of a college education.

03:44 PM

Representative Scanlan asked about the cost savings that the students have mentioned. Representative Waller responded that students would be allowed to take six credit hours per semester of concurrent enrollment paid for by the state. Representative Scanlan asked if that would be a less attractive option for the students who have testified. Committee discussion ensued about the potential cost savings in the bill. Representative Solano asked who is teaching the students.

03:50 PM -- Andrew Edwards, representing Evangelical Christian Academy, testified in support of the bill.

03:51 PM

Representative Merrifield asked Mr. Edwards about his position on the separation between private, religious schools and public funds. Representative Waller explained that the funds would be used to pay for college credits. Representative Peniston noted that the definition includes non-public higher education institutions.

03:54 PM -- Kristopher Austin Garcia-Poskey, representing himself, testified in support of the bill, and stressed the importance of home schoolers receiving equal support as their public school counterparts.

03:58 PM

Representative Middleton stated that there are flaws with the current PSEO program, and there are legislative proposals to fix the program. She asked if the home schooled students have attempted to establish Memoranda of Understanding (MOUs) with the community colleges instead of legislation. Representative Waller explained that the legislation does not address changing the postsecondary enrollment program, rather the goal is to provide equal access to all students.

04:02 PM -- Suzanne Jackson, representing herself, testified in support of the bill, and shared her experience as a home school parent and as the proprietor of homeschoolcollegehelp.com.

04:08 PM -- Jade Panaman, representing herself, testified in support of the bill and shared her experience as a homeschooled student.

04:12 PM -- Brian Newberg, representing himself, testified in support of the bill.

04:13 PM -- Donna Lorrig, representing herself, testified in support of the bill.


BILL:	HB09-1270
TIME:	04:18:52 PM
MOVED:	Baumgardner
MOTION:	Moved amendment L.001 (Attachment H), amended (see vote sheets below). The motion failed on a 4-9 vote.
SECONDED:	Massey
		VOTE
	Baumgardner	Yes
	Benefield	No
	Massey	No
	Middleton	No
	Murray	Yes
	Peniston	No
	Priola	Yes
	Scanlan	No
	Schafer S.	No
	Summers	Yes
	Todd	No
	Solano	No
	Merrifield	No

Not Final YES: 4 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1270
TIME:	04:20:10 PM
MOVED:	Murray
MOTION:	Moved amendment L.002 (Attachment I). The motion passed without objection.
SECONDED:	Baumgardner
		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


BILL:	HB09-1270
TIME:	04:21:23 PM
MOVED:	Summers
MOTION:	Moved amendment L.003 (Attachment J). The motion passed without objection.
SECONDED:	Baumgardner
		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


BILL:	HB09-1270
TIME:	04:22:01 PM
MOVED:	Summers
MOTION:	Moved amendment L.004 (Attachment K). The motion passed without objection.
SECONDED:	Priola
		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


BILL:	HB09-1270
TIME:	04:46:39 PM
MOVED:	Solano
MOTION:	Moved to postpone House Bill 09-1270 indefinitely. The motion passed on a 8-5 vote.
SECONDED:	Merrifield
		VOTE
	Baumgardner	No
	Benefield	Yes
	Massey	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	No
	Scanlan	Yes
	Schafer S.	Yes
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS

04:47 PM

The committee adjourned.