House Committee on Education (02/23/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/23/2009	ATTENDANCE

Time:	02:50 PM to 05:59 PM	Baumgardner	X
		Benefield	X
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	E*
	Katey McGettrick	Schafer S.	X
		Summers	X
		Todd	X
		Solano	X
		Merrifield	X
		X = Present, E = Excused, A = Absent, * = Present after roll call

Bills Addressed:		Action Taken:
HB09-1225 HB09-1285 HB09-1250 SB09-032 HB09-1267 SB09-043		Postponed Indefinitely Amended, Referred to the Committee of the Whole Witness Testimony and/or Committee Discussion Only Amended, Referred to the Committee of the Whole Amended, Referred to Appropriations Referred to Appropriations

02:51 PM -- House Bill 09-1225

Representative Schafer, sponsor of House Bill 09-1225, concerning risk assessments, presented her bill to the committee and informed the committee that she will ask the committee to postpone the bill indefinitely at her request, and instead would bring a House Joint Resolution to create an interim committee to examine the issue further.

02:59 PM

The following people testified on the bill:

03:00 PM -- Kevin Tracy, representing Shiloh Home, testified against the bill, but noted that the new facility school board would be a good venue to further discuss this issue.

03:01 PM -- Skip Barber, representing the Colorado Association of Family and Children's Agencies, testified against the bill, but noted he wants to be a part of the continued dialogue on this issue.

03:02 PM -- Cindy Sovine-Miller, representing the Foster Care and Adoption Agencies of Colorado, testified against the bill because of the cost to implement the bill.

03:03 PM -- George Voorhis, representing CASE and RE-15 School District, testified in support of the bill, and shared his experience with an at-risk student in his district.

03:08 PM -- Terry Bishop, representing CASE and School District 11 in Colorado Springs, testified in support of the bill, and share his experience with an at-risk student in his district.


BILL:	HB09-1225
TIME:	03:11:49 PM
MOVED:	Schafer S.
MOTION:	Moved to postpone House Bill 09-1225 indefinitely. The motion passed on a 10-0-3 vote.
SECONDED:	Benefield
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	Excused
	Murray	Yes
	Peniston	Yes
	Priola	Yes
	Scanlan	Excused
	Schafer S.	Yes
	Summers	Yes
	Todd	Yes
	Solano	Excused
	Merrifield	Yes

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

03:13 PM -- House Bill 09-1285

Representative Benefield, sponsor of House Bill 09-1285, concerning the government data advisory board, presented her bill to the committee.

03:14 PM

The following people testified on the bill:

03:14 PM -- Matt Gianneschi, representing the Office of Governor, testified in support of the bill and shared a handout with committee members (Attachment A).

03:19 PM

Representative Benefield explained that Dr. Gianneschi can explain amendments, if necessary. Representative Peniston asked about the lack of specificity in the fiscal note.

03:21 PM -- Micheline Casey, representing the Governor's Office of Information Technology (OIT), testified in support of the bill.

03:24 PM

Representative Murray asked who would finalize the standards proposed by the education data subcommittee. Ms. Casey explained that the committee created in the bill would. Representative Schafer asked who chairs the committee. Ms. Casey replied that OIT does.

03:26 PM -- Mark Fermanich, representing the Colorado Children's Campaign, testified in support of the bill, and discussed how the bill broadens the stakeholders that will be involved in developing the standards. He raised one concern about the bill, specifically about charging fees for data, and how that may limit access to such data.


BILL:	HB09-1285
TIME:	03:29:38 PM
MOVED:	Benefield
MOTION:	Moved amendment L.001 (Attachment B). The motion passed without objection.
SECONDED:	Merrifield
		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:	HB09-1285
TIME:	03:30:22 PM
MOVED:	Benefield
MOTION:	Moved amendment L.002 (Attachment C). The motion passed without objection.
SECONDED:	Merrifield
		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:	HB09-1285
TIME:	03:31:04 PM
MOVED:	Benefield
MOTION:	Moved to refer House Bill 09-1285, as amended, to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Todd
		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

03:35 PM -- House Bill 09-1250

Representative Merrifield, sponsor of House Bill 09-1250, concerning the allocation of national forest land monies to public schools, presented his bill to the committee and background information on why he brought the bill forth, and shared a handout with committee members (Attachment D).

03:39 PM

Representative Baumgardner asked if this affects all counties. Representative Merrifield explained that it only affects counties with national forest land. Representative Baumgardner asked if it should be left to local counties. Representative Merrifield replied no. Representative Peniston asked if any one from the counties will be testifying. Representative Solano explained yes. Representative Benefield clarified that the issue is in state statute, and is why the committee is considering the issue.

03:41 PM

The following people testified on the bill:

03:41 PM -- Chris Mendez, representing Colorado Counties Incorporated (CCI), testified against the bill because he believes it sets a bright line rule for funding that is allocated on a complicated formula, and is a one-size-fits-all solution to a complex issue.

03:45 PM

Representative Peniston asked the effect that this has on a county budget that is several years in the making. Mr. Mendez responded that the bill could have a huge impact on current county budget planning. Representative Middleton asked how recently the funding has been reauthorized. Mr. Mendez replied that the full funding occurred for secure rural schools for four years, and Payment in lieu of taxes (PILT) reauthorized for five years.

03:49 PM

Representative Solano explained that she heard that there are 18 other states that give schools 50 percent, and only one other state gives five percent to school. Mr. Mendez replied that he has not looked at other states, and raised whether other states have the same constitutional budget constraints that Colorado has. Representative Todd asked if any counties give more than 5 percent in Colorado. Mr. Mendez explained some counties give more than 50 percent to schools, and some stay at 5 percent.

03:53 PM

Representative Baumgardner asked Mr. Mendez if the bill passed, would it affect jobs and roads in counties. Mr. Mendez replied that every county is different and it would be difficult to quantify the effect to jobs and roads.

03:55 PM -- Eric Bergman, representing the Colorado Department of Local Affairs, testified for informational purposes. He explained the difference between PILT funding and forest service money, specifically noting that only forest service money goes to schools.

03:59 PM

Representative Benefield asked where the money is coming for the bill. Mr. Bergman replied that it comes from the federal Secure Rural Schools and Community Self-Determination (SRS) Act. Representative Peniston asked if forest payment money is for schools and roads and bridges. Mr. Bergman replied that is correct, with one small caveat: under certain circumstances, some money must be diverted to Title II and Title III programs. Representative Massey clarified that even though PILT is not shared with schools, a county can direct that money toward schools, at its discretion. Mr. Bergman replied that is correct.

04:04 PM -- Sam Pace, representing Saguache County, testified against the bill.

04:09 PM

Committee discussion ensued about the possibility of schools losing money under the bill. Representative Massey asked Mr. Pace if Saguache County uses PILT money for schools. Representative Murray asked Mr. Pace if there was a way to amend the bill to make him supportive of the bill. Mr. Pace replied that he does not want to see a change to the current law because it is a good system as it is, but the bill should at least be amended to lower the minimum percentage allocated to schools.

04:14 PM -- Ed Norden, representing Fremont County, testified against the bill. He took exception with Representative Merrifield's remarks that the counties cannot make the decision. He shared instances where Fremont County used PILT money to aid schools.

04:18 PM

Representative Solano asked if anyone knows how much counties are directing towards schools over the five percent, and if Mr. Norden would be amenable to increasing the percentage to schools at all. Representative Benefield asked if Mr. Bergman could address the percentage question again. Representative Massey remarked on how Fremont County has used PILT money to aid schools. Mr. Bergman explained that there is a PILT offset, which until recently had been for every dollar of forest service money received by a county, it loses 60 cents of PILT money. Mr. Bergman noted that it is now a dollar for dollar offset since the passage of the federal stimulus package passed in October, commonly known as TARP.

04:22 PM

Representative Middleton asked Mr. Bergman to asked how the two funding programs, PILT and SRS, are interrelated. Mr. Bergman said he has not been able to get an answer from the federal government as to why there is an offset, but that it is a $1 for $1 offset because both programs are being fully funded. Mr. Bergman explained forestry money affects PILT, but not vice versa, and provided an example of how the offset works.

04:27 PM

Representative Peniston asked when the bill could be put into effect for the counties to plan for the change. Mr. Norden explained that he could not answer the question at this time. Mr. Bergman explained that the payments normally out in November, but this year the payments were not provided to counties until January,. because of the passage of TARP, and so counties are still determining how to handle the funding. He further noted the 25 percent counties can opt into SRS program, but once in the program, cannot move back to 25 percent. Representative Solano asked if schools are included in the negotiations of the allocation of the funding. Mr. Norden explained that there is not one meeting, but that schools are consulted.

04:31 PM -- Jim Austin, representing Custer County, testified against the bill and presented concern that the bill mandates a blanket percentage to counties.

04:33 PM -- Mike Blanton, representing Jackson County, testified against the bill because he believes that with the programs now being fully funded, the counties should be allowed to work with the new funding.

04:36 PM

Representative Solano asked about the four year funding for the program. Mr. Blanton explained that the funding is continued for four years and then needs to be reauthorized by the federal government.

04:37 PM -- John Galusha, representing Huerfano County, testified against the bill and explained that the formula would not work for his county because it has two school districts, and there is a split between the less affluent and more affluent of 60/40 percent of the SRS money.

04:39 PM

Representative Peniston asked if school districts can use it how it wants. Mr. Galusha states federal law leaves it to the superintendent.

04:40 PM -- Scott King, representing Huerfano County, testified against the bill.

04:46 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified for the bill because the bill puts Colorado in line with half of the states receiving the money.

04:50 PM -- Charles Warren, representing Moffat School District, testified in support of the bill. He explained the challenges his school district faces in raising funds to meet capital construction needs.

04:56 PM -- George Welsh, representing Center Consolidated Schools, testified in support of the bill, and shared the funding difficulties his school district faces in keeping schools operational.

05:04 PM -- Lance Villers, representing Custer County Schools, testified in support of the bill.

05:06 PM -- Dale McCall, representing the Colorado BOCES Association, testified in support of the bill.

05:08 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill.

05:09 PM -- Karen Wick, representing the Colorado Education Association (CEA), testified in support of the bill.

05:12 PM

Representative Merrifield asked to have the bill laid over. With that, witness testimony and discussion on House Bill 09-1250 concluded.

05:13 PM -- Senate Bill 09-032

Representatives Marostica and Todd, sponsors of Senate Bill 09-032, concerning the creation of the Education Innovation Institute at the University of Northern Colorado, presented the bill to the committee.

05:15 PM

The following people testified on the bill:

05:16 PM -- Kay Norton, president of the University of Northern Colorado (UNC), testified in support of the bill and shared a handout with committee members (Attachment E).

05:18 PM

Representative Merrifield asked why Dr. Norton believes the institute needs to be codified in statute. Dr. Norton explained it is a positive affirmation of the importance of education in Colorado. Representative Merrifield asked if having the institute in state law will help bring in research dollars. Dr. Norton replied that she thinks it would. Representative Merrifield asked if it would change funding for other institutions. Dr. Norton replied that she did not think it would. Representative Priola asked if it creates an issue where other institutions will want to have language codified for them as well. Dr. Norton explained it is not the intention to create competition. Representative Murray asked how UNC will communicate findings to other universities. Dr. Norton replied that she would like to see the university do joint projects with other universities instead of only providing information. Representative Murray asked about the relationships the university has with K-12 schools in Colorado. Dr. Norton replied that UNC already has 40 partner schools for teacher preparation programs.

05:24 PM

Representative Middleton asked if it is possible to establish the institute without the legislature, and if having it in statute would impede the ability of the institute to get funding through naming rights of the institute. Dr. Norton replied that the ideal funding model is to have a combination of public and private funding. Representative Summers asked even though the institute would be housed at UNC, it would not be exclusively UNC faculty working with the institute. Dr. Norton replied yes, and that she envisions the institute creating collaboration across the state. Representative Murray asked if the university has relationships with education foundations in the state. Dr. Norton replied that the university has informal relationships with such organizations.

05:28 PM -- Dan Daly, representing the Colorado Education Association (CEA), testified in support of the bill.

05:33 PM

Representative Marostica explained that the bill provides the opportunity to learn more about education in the state, and to centralize what educators like teachers of the year are doing to earn them that title. Representative Todd noted that there are a lot of conversations in the state around education and this institute gives that conversation an umbrella.

05:39 PM

Representative Merrifield presented concerns about funding for the institute because some of the private organizations who would be potential donors have a certain ideological bent. Representative Benefield asked if the institute could be a home for the teacher cadet program. Mr. Daly explained that is an option. Mr. Daly also responded to Representative Merrifield's question about funding, noting that the credibility of the institution would be at stake to find appropriate funding, that there would be a mix of private-public funding, and that the legislature could rescind the institute if there were problems with funding and ideological organizations.

05:43 PM

Representative Summers added that it would be unlikely that funding would be wholly provided from one organization. Representative Schafer asked if any donors have expressed an interest in funding the institute. Dr. Norton explained that there have been conversations with donors but no ask yet.


BILL:	SB09-032
TIME:	05:45:37 PM
MOVED:	Todd
MOTION:	Moved amendment L.002 (Attachment F). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	SB09-032
TIME:	05:46:51 PM
MOVED:	Todd
MOTION:	Moved to refer Senate Bill 09-032, as amended, to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Schafer S.
		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

05:47 PM -- House Bill 09-1267

Representative Todd, sponsor of House Bill 09-1267, concerning the removal of statutory provisions describing pervasively sectarian educational institutions, presented her bill to the committee.

05:49 PM

The following person testified on the bill:

05:49 PM -- John Karakoulakis, representing the Department of Higher Education, testified in support of the bill, and explained that the department decided not to appeal the 2008 circuit court decision which found that Colorado's law prohibiting state financial assistance to students attending a pervasively sectarian institution is unconstitutional.

05:49 PM

Representative Merrifield stated his displeasure with the department's decision to not appeal the decision.


BILL:	HB09-1267
TIME:	05:50:20 PM
MOVED:	Todd
MOTION:	Moved amendment L.001 (Attachment G). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1267
TIME:	05:51:10 PM
MOVED:	Todd
MOTION:	Moved amendment L.002 (Attachment H). 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: 0 ABS: 0 FINAL ACTION: Pass Without Objection


BILL:	HB09-1267
TIME:	05:51:30 PM
MOVED:	Todd
MOTION:	Moved amendment L.003 (Attachment I). The motion passed without objection.
SECONDED:	Peniston
		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:	HB09-1267
TIME:	05:51:47 PM
MOVED:	Todd
MOTION:	Moved to refer House Bill 09-1267, as amended, to the Committee on Appropriations. The motion passed on a 13-0 vote.
SECONDED:	Benefield
		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

05:53 PM -- Senate Bill 09-043

Representative Roberts, sponsor of Senate Bill 09-043, concerning the merger of San Juan Basin Area Vocational School and Pueblo Community College, presented her bill to committee.

05:54 PM

The following people testified on the bill:

05:54 PM -- Cliff Richardson, representing the Colorado Community College System, Shannon Couth, representing San Juan Basin Area Vocational School, and J. D. Garvin, representing Pueblo Community College, testified in support of the bill.

05:56 PM

Representative Benefiled asked Ms. South how the merger will help the students. Ms. South explained that it will make it easier for students to navigate the degree programs, because all programs will be housed at one institution, instead of at both Fort Lewis College and Pueblo Community College.


BILL:	SB09-043
TIME:	05:57:54 PM
MOVED:	Massey
MOTION:	Moved to refer Senate Bill 09-043 to the Committee on Appropriations. The motion passed on a 13-0 vote.
SECONDED:	Priola
		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

05:59 PM

The committee adjourned.