Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:04/27/2009
ATTENDANCE
Time:01:43 PM to 06:55 PM
Baumgardner
X
Benefield
X
Place:HCR 0112
Massey
X
Middleton
X
This Meeting was called to order by
Murray
X
Representative Merrifield
Peniston
X
Priola
X
This Report was prepared by
Scanlan
*
Katey McGettrick
Schafer S.
X
Summers
*
Todd
X
Solano
*
Merrifield
X
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB09-226
SB09-257
SB09-163		Amended, Referred to the Committee of the Whole
Amended, Referred to the Committee of the Whole
Amended, Referred to Appropriations


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

03:01 PM -- Senate Bill 09-257

Representatives Fischer and Vigil, co-prime sponsors of Senate Bill 09-257, concerning the Building Excellent Schools Today (BEST) Act construction funding, presented their bill to the committee. They shared a handout with committee members (Attachment C).

090427AttachC.pdf

03:10 PM

The following people testified:

03:10 PM -- Mary Wickersham, representing the State Treasurer, testified in support of the bill.


03:13 PM

Ms. Wickersham addressed questions about the fiscal note. She also reviewed the provisions of amendment L.002 (Attachment D).
BILL:SB09-257
TIME: 03:15:36 PM
MOVED:Benefield
MOTION:Moved amendment L.002 (Attachment D). The motion passed without objection.
SECONDED:Schafer S.
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

090427AttachD.pdf


BILL:SB09-257
TIME: 03:16:04 PM
MOVED:Benefield
MOTION:Moved to refer Senate Bill 09-257, as amended, to the Committee of the Whole. 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

03:23 PM

The committee took a recess.

03:24 PM -- Senate Bill 09-163

Representative Middleton and Massey, co-prime sponsors of Senate Bill 09-163, concerning the education accountability system, presented their bill to the committee.

03:27 PM

The following people testified on the bill:

03:28 PM -- Doug Platt, representing the Department of Personnel Administration, testified against the bill because of the provisions regarding the procurement code.

03:29 PM

Representative Massey responded that this matter would be worked on for second reading.

03:30 PM -- Angela Engel, representing herself, testified against the bill and shared her experience as a teacher.


03:35 PM -- Rich Wenning, representing the Colorado Department of Education (CDE), testified in support of the bill and shared a handout with committee members (Attachment E).

090427AttachE.pdf

03:40 PM

Mr. Wenning responded to questions from the committee regarding the cost of implementation of the bill. Mr. Wenning discussed the handout that notes the changes to existing statute.

03:54 PM

The committee took a recess to return to floor work.

06:00 PM

The committee came back to order.

06:01 PM -- Scott Groginsky, representing the Colorado Children's Campaign, testified in support of the bill.

06:04 PM -- Rich Wenning, representing CDE, returned to the table to provide further testimony on the bill.

06:05 PM

Representative Solano asked questions about conversion of struggling schools to charter schools, and the possibility of including the option of conversion to an innovation school. Representative Peniston asked about the possibility of struggling charter schools reverting to traditional schools. Representative Solano asked about language in the bill pertaining to private entities to take over public schools.

06:15 PM

The committee continued discussion on how to handle the turnaround process for struggling schools, specifically on the use of private entities to turnaround public schools.

06:21 PM

Representative Solano asked about the different types of school awards that the department and federal government award. Committee discussion ensued about reviewing the current award system.

06:29 PM -- Matt Gianneschi, representing the Governor's Office, testified in support of the bill, and responded to the committee discussion regarding school awards.

06:33 PM -- Bruce Caughey, representing the Colorado Association of School Executives (CASE), testified in support of the bill, contingent upon the passage of the proposed amendments.


06:35 PM

Mr. Caughey responded to questions from the committee.

06:37 PM -- Jane Urschel, representing the Colorado Association of School Boards (CASB), testified in support of the bill.

06:39 PM

Representative Merrifield noted that Colorado PTA supports Senate Bill 09-163.
BILL:SB09-163
TIME: 06:39:49 PM
MOVED:Massey
MOTION:Moved amendment L.025 (Attachment F). The motion passed without objection.
SECONDED:Middleton
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

090427AttachF.pdf

BILL:SB09-163
TIME: 06:40:26 PM
MOVED:Middleton
MOTION:Moved amendment L.026 (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: 0 ABS: 0 FINAL ACTION: Pass Without Objection

090427AttachG.pdf

BILL:SB09-163
TIME: 06:41:06 PM
MOVED:Massey
MOTION:Moved amendment L.027 (Attachment H), as amended (see vote sheets below). The motion passed without objection.
SECONDED:Middleton
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

090427AttachH.pdf

BILL:SB09-163
TIME: 06:44:21 PM
MOVED:Middleton
MOTION:Moved amendment L.029 (Attachment I), which amends L.027. 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

090427AttachI.pdf
BILL:SB09-163
TIME: 06:46:40 PM
MOVED:Massey
MOTION:Moved amendment L.030 (Attachment J), which amends L.027. The motion passed without objection. The drafter was granted permission to ensure the two amendments to L.027 mesh together.
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

090427AttachJ.pdf
BILL:SB09-163
TIME: 06:50:58 PM
MOVED:Solano
MOTION:Moved a conceptual amendment to include innovation schools in the sections of the bill that pertain to removal of accreditation, recommendation, review, and appeal. 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

06:51 PM

Representative Middleton concluded her remarks and asked for the committee's support of the bill.


BILL:SB09-163
TIME: 06:54:10 PM
MOVED:Middleton
MOTION:Moved to refer Senate Bill 09-163, 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

06:55 PM

The committee adjourned.