House Committee on Education (02/09/2009)

Final
STAFF SUMMARY OF MEETING

HOUSE COMMITTEE ON EDUCATION

Date:	02/09/2009	ATTENDANCE

Time:	01:32 PM to 02:39 PM	Baumgardner	X
		Benefield	X
Place:	HCR 0112	Massey	X
		Middleton	E*
This Meeting was called to order by		Murray	E*
	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:
HB09-1182 HB09-1189 HB09-1177		Referred to the Committee of the Whole Amended, Referred to the Committee of the Whole Postponed Indefinitely

01:32 PM -- Call to Order

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

01:32 PM -- House Bill 09-1182

Representative Merrifield opened by asking how the bill changes the funding for online programs. Representative Marostica, sponsor of House Bill 09-1182, concerning changes in funding to the division of on-line learning, noted that the bill does not create new state expenditures; rather, the bill clarifies the funding stream for the division, which will no longer receive funding through a cash fund, and will now be eligible for State Education Fund monies, if the bill passes.

01:36 PM

Representative Merrifield asked Pamela Ice, from the Colorado Department of Education (CDE) and director of the Division of Online Learning, to discuss the charge of the division. She discussed the quality standards online education programs must meet, and the annual reporting requirements for online programs. Representative Schafer asked if there is research on the effectiveness of the online programs. Ms. Ice explained that online program students do not perform as well on the CSAPs as other students in Colorado. Representative Merrifield asked for a copy of the annual report.

01:41 PM

Representative Summers asked if she could explain the work of the division's 3.5 FTE. Ms. Ice explained that there is the director, a consultant, and an administrative assistant, and that the .5 FTE is for contract work. Representative Middleton asked Ms. Ice to discuss the increase in online education. Ms. Ice explained that in the last year, online learning in the state has grown 26 percent, which aligns with growth in other states. Representative Murray asked about the online student CSAP scores. Ms. Ice stated that there has been improvement, but the students' scores still lag behind other students in the state. Ms. Ice stated that it speaks to the need to have more professional development for online educators.

01:45 PM

Representative Massey how this bill will effect the State Education Fund. Representative Marostica said information on the State Education Fund will be available on Wednesday. Representative Benefield asked where the money for the cash fund came from. Representative Marostica explained it was from payment recoveries. Representative Middleton asked what happens if there is no money in the State Education Fund. Representative Marostica explained that the division will be funded, but it will not be known what the funding source will be until the Long Bill.


BILL:	HB09-1182
TIME:	01:49:46 PM
MOVED:	Benefield
MOTION:	Moved to refer House Bill 09-1182 to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Peniston
		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

01:50 PM -- House Bill 09-1189

Representative Pommer, sponsor of House Bill 09-1189, concerning per pupil funding for state education programs, presented the bill and discussed the technical amendment he would like offered.


BILL:	HB09-1189
TIME:	01:52:11 PM
MOVED:	Benefield
MOTION:	Moved amendment L.001 (Attachment A). The motion passed without objection.
SECONDED:	Solano
		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:	HB09-1189
TIME:	01:52:29 PM
MOVED:	Massey
MOTION:	Moved to refer House Bill 09-1189, as amended, to the Committee of the Whole. The motion passed on a 13-0 vote.
SECONDED:	Solano
		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

01:53 PM -- House Bill 09-1177

Representative Fischer, sponsor of House Bill 09-1177, concerning voting rights for student members of the Colorado State University (CSU) Board of Governors, presented the bill to the committee. He explained that the bill grants voting rights to the two nonvoting students members from CSU-Fort Collins and CSU- Pueblo. He explained that the students would nominate three candidates for consideration by the Governor to the appointment.

01:57 PM

Representative Merrifield asked if only the faculty members would be the only ex oficio members on the board. Representative Fischer stated that is correct.

01:58 PM

The following people testified on the bill:

01:58 PM -- David Skaggs, representing the Department of Higher Education, testified against the bill. He provided four reasons for the committee to vote against the bill. First, he noted that the committee did not vote affirmatively to give faculty members a voting member on the board. Second, he noted that the bill provides the students of one university more power than other univerisities. Third, he stated that the governor should have its own ability to point who he chooses; and fourth, boards of trustees are fiduciaries charged with looking out for the broad interests of the university, and should not be delegated to specific constituencies within the university community.

02:02 PM -- Taylor Smoot, representing Colorado State University students, testified in support of the bill. Mr. Taylor noted the differences he sees between allowing a voting student member and a voting faculty member. He also explained that there are other states that have implemented similar legislation. Mr. Smoot noted that if the bill passes, the student would now be able to sit on the committees of the board of governors. He shared occassions where students were left of the decision making process for issues affecting students.

02:09 PM

Representative Merrifield asked Mr. Smoot to address conflict of interest issues, such as raising tuition and fees. Representative Fischer noted that he discussed the issue with the Office of Legislative Legal Services, and that the students would be advised as to when there was a conflict of interest.

02:13 PM

Representative Summers asked Mr. Smoot to discuss further how voting students has worked in other states. Mr. Smoot explained that he discussed this with students in Illinois and they have noted that the board has seen their inclusion as an asset. Mr. Smoot stated that students cannot participate on the committees right now. Representative Murray asked if students were in an advisory role prior to receiving voting rights. Mr. Smoot explained that prior to having voting rights, they served in an advisory capacity. Representative Massey asked if the attorney that represents the board attend the meetings. Mr. Smoot explained that the general counsel is in attendance at all meetings.

02:16 PM -- Seth Walter, also representing Colorado State University students, testified in support of the bill and shared a letter of support from former Senator Johnson (Attachment B). He explained that schools that have decided to include voting student members have not reversed the decision. He noted the valuable experience the participation can provide to the students.

02:20 PM

Representative Peniston asked what this would mean to the students if the bill does not pass. He stated that the students would be disheartened if the bill failed to pass committee. He further noted that students want to be a part of the process and work with the rest of the board, and not serve only as a voice of opposition. Representative Benefield asked if other student bodies in Colorado have tried to address this issue. Mr. Walter explained that he has not looked at other state schools, but that it depends on the student government relationship with the administration.

02:24 PM

Representative Summers asked how it would feel to have a faculty member as the only nonvoting member, and how it would affect the dynamic of the board. Mr. Walter replied that it is the responsibility of the committee to review the bill on the merits. Representative Schafer expressed concern if the board of governors are in support of the bill. Mr. Walter replied that the reaction from the board has been mixed.

02:27 PM

Representative Fischer concluded his remarks on the bill and asked for the committee's support of the bill.

02:29 PM

Representative Todd asked if voting student members on other boards have become active alumni in their respective universities. Representative Fischer stated that was an excellent question, but did not know the answer. Representative Middleton expressed her appreciation for the reference to students as stakeholders. She also noted that previous comparisons to governing boards to school boards was inaccurate. Representative Middleton noted that having a vote makes a difference in the weight of the voice, and that students are paying tuition and could be a strong voice for advocating why increases are being implemented. She further noted that state funding is a small piece of funding compared to private and federal funding. She urged the committee's support of the bill.

02:34 PM

Representative Peniston expressed her support of the bill, but said that is unfortunate that the faculty have been denied the vote. Representative Todd complimented the CSU students for representing their issues. Representative Merrifield shared his experience working with students on advisory boards and school boards, stated his support for the bill.


BILL:	HB09-1177
TIME:	02:37:52 PM
MOVED:	Merrifield
MOTION:	Moved to refer House Bill 09-1177 to the Committee of the Whole. The motion failed on a 6-7 vote.
SECONDED:	Todd
		VOTE
	Baumgardner	No
	Benefield	No
	Massey	No
	Middleton	Yes
	Murray	No
	Peniston	Yes
	Priola	No
	Scanlan	Yes
	Schafer S.	No
	Summers	No
	Todd	Yes
	Solano	Yes
	Merrifield	Yes

Not Final YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB09-1177
TIME:	02:38:52 PM
MOVED:	Benefield
MOTION:	Moved to postpone House Bill 09-1177 indefinitely. The motion passed on a 7-6 vote.
SECONDED:	Schafer S.
		VOTE
	Baumgardner	Yes
	Benefield	Yes
	Massey	Yes
	Middleton	No
	Murray	Yes
	Peniston	No
	Priola	Yes
	Scanlan	No
	Schafer S.	Yes
	Summers	Yes
	Todd	No
	Solano	No
	Merrifield	No

Final YES: 7 NO: 6 EXC: 0 ABS: 0 FINAL ACTION: PASS

02:39 PM

The committee adjourned.