Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON EDUCATION

Date:02/16/2012
ATTENDANCE
Time:01:36 PM to 05:48 PM
Heath
X
Johnston
X
Place:SCR 354
King K.
*
Renfroe
E
This Meeting was called to order by
Spence
*
Senator Bacon
Hudak
X
Bacon
X
This Report was prepared by
Jennifer Thomsen
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
SB12-098
SB12-046
Postponed Indefinitely
Witness Testimony and/or Committee Discussion Only


01:36 PM -- Senate Bill 12-098

Senator Williams, sponsor of Senate Bill 12-098, presented the bill. As introduced, the bill would have required high schools to offer training in cardiopulmonary resuscitation (CPR) and the use of automated external defibrillators (AEDs), and to make the training a requirement for graduation. Senator Williams explained that amendment L.001 (Attachment A) changes the bill to allow, but not require, public schools to offer CPR training. The amendment further encourages schools to make the training available to all students in grades 9-12 and encourages schools to require that each student successfully complete the training by grade 12. Under the provisions of amendment L.001, schools may partner with qualified public and private entities to conduct the training.

SenEd0216AttachA.pdf

01:38 PM

The following persons testified:

01:39 PM --
Dr. Joel Garcia, representing himself, testified in support of the bill. Dr. Garcia provided information about cardiac arrest and the use of CPR. He explained only two types of arrest are "shockable," so an AED is not always an option. He said CPR is necessary in these cases.

Dr. Garcia responded to committee questions. Senator Bacon asked whether he supports amendment L.001.

01:45 PM --
Sundae Vialpando, representing herself, testified in support of the bill. She described her son's experience; he suffered cardiac arrest on the football field. She said there was a delay before CPR was started, and it was too late for her son, who passed away. She said the bill is a great opportunity for school children to learn CPR.








01:49 PM --
David Rush, representing the American Heart Association, testified in support of the bill. He explained that he is the owner and operator of a CPR training business. Mr. Rush said CPR is a foundational skill that can be learned in about a half hour. He said time and money are barriers to the bill, but that the training in the bill could be accomplished for about one or two dollars per person, not the $50 per person that was originally estimated.

Mr. Rush responded to committee questions. Senator Hudak asked whether it is appropriate for students to make a decision as to whether CPR is necessary and perhaps face liability. Mr. Rush responded, saying being CPR certified does not force someone to act. If someone chooses to act, they are protected by good samaritan laws. He further noted that most times the victim is someone the student knows and would want to help.

Senator King asked for clarification of the language in the amendment prohibiting schools from accepting a gift, grant, or donation that is subject to conditions that are inconsistent with the other provisions of section 22-1-128, C.R.S. Senator Williams responded.

01:58 PM --
Dr. David Gilmore, representing himself, testified in support of the bill. He described his experience as an emergency room physician, and spoke about the cost of caring for patients who suffer brain damage after a cardiac arrest. He said the money that would be spent teaching CPR would be easily recouped with savings from the cost of caring for these patients. He further noted that the time commitment for learning CPR is minimal.

Senator Bacon commented on the bill, saying it seems that approaching the issue in the context of a health standard curriculum might be more effective. Dr. Gilmore responded.

02:06 PM --
Diane Lord, representing the Aurora Fire Department, testified on the bill. Ms. Lord explained that the department is neutral on the bill. She said the department has applied for a grant to partner with a school district to provide AEDs to schools that do not have them and to teach CPR. Senator Williams said the department is an example of the type of partnership that the amendment contemplates.

02:08 PM --
Dennis Eulberg, representing Colorado Professional Firefighters, testified on the bill. Mr. Eulberg explained that his organization is neutral on the bill. Senator King asked whether a school could offer this training without a partnership. Senator Williams responded, saying some schools have already done this, but it has happened sporadically.

02:11 PM --
Kevin Jones, representing the Colorado Association of School Executives (CASE), testified in opposition to the bill. He discussed several issues with the bill and said the issue at hand is a local control issue. He said many districts are adding CPR and AED training to their curriculum. The committee discussed how districts handle the issue of making sure CPR-trained adults are available during school hours and at school functions.

02:15 PM --
Keith Ahrens, representing himself, testified in support of the bill. He described his experience as a person who has experienced cardiac arrest. Mr. Ahrens said CPR saves lives and people die when bystanders do not know what to do. He said it is good to empower more first responders.

02:17 PM --
Dr. Walt Cooper, representing CASE and the Pikes Peak Alliance, testified in opposition to the bill. He said there are many issues that districts must prioritize, and they should be able to decide what is important at the local level. He said districts all across the state are focused on implementing recent education reform legislation and are tasked with the difficult job of balancing budgets.







Senator Heath asked whether schools are already providing what the amendment contemplates. Dr. Cooper responded. Senator Heath asked whether CASE would support the bill if the training was directed at adults instead of students. Senator Johnston asked for clarification of Dr. Cooper's comments about nonlicensed athletic coaches. Senator King asked whether Dr. Cooper collaborates with nonprofits on such training and whether that would raise liability issues. Senator Williams responded to Senator King's question as well.


02:26 PM

Richard Sweetman, Office of Legislative Legal Services, came to the table to respond to Senator King's earlier question about the language in amendment L.001 pertaining to the acceptance of gifts, grants, and donations.

Senator Williams made closing comments to the bill. She said AEDs need to be supplemented by CPR training for middle- and high-school students. She talked about her work with CASE, the Colorado Association of School Boards (CASB), and the Colorado Education Association (CEA) on the amendment.

Senator Bacon said an advocacy organization has urged the committee to vote no on the amendment, saying it would rather see the bill killed. Senator Williams urged the committee to pass the amendment so that the bill can move forward. Senator Hudak explained why she does not support the bill or the amendment.


02:36 PM

Senator Johnston commented on the bill, saying he believes it has problems in terms of local control and content requirements.
BILL:SB12-098
TIME: 02:39:04 PM
MOVED:Johnston
MOTION:Moved amendment L.001 (Attachment A). The motion failed on a vote of 0-5.
SECONDED:
VOTE
Heath
No
Johnston
No
King K.
No
Renfroe
Excused
Spence
Excused
Hudak
No
Bacon
No
YES: 0 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL









BILL:SB12-098
TIME: 02:39:53 PM
MOVED:Johnston
MOTION:Moved to refer Senate Bill 12-098 to the Committee of the Whole. The motion failed on a vote of 0-5.
SECONDED:
VOTE
Heath
No
Johnston
No
King K.
No
Renfroe
Excused
Spence
Excused
Hudak
No
Bacon
No
YES: 0 NO: 5 EXC: 2 ABS: 0 FINAL ACTION: FAIL
BILL:SB12-098
TIME: 02:40:18 PM
MOVED:Hudak
MOTION:Moved to postpone indefinitely Senate Bill 12-098. The motion passed 5-0 on a reversal of the previous roll call vote.
SECONDED:
VOTE
Heath
Yes
Johnston
Yes
King K.
Yes
Renfroe
Excused
Spence
Excused
Hudak
Yes
Bacon
Yes
YES: 5 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS


02:40 PM -- Senate Bill 12-046

The committee took a brief recess.











02:48 PM

Senator Bacon called the committee back to order.

Senator Newell, co-prime sponsor of Senate Bill 12-046, presented the bill, explaining that there was a strike-below amendment (L.006, Attachment B). The bill was recommended by the Legislative Task Force to Study School Discipline. Amendment L.006 does the following:

SenEd0216AttachB.pdf


02:53 PM

Senator Hudak, co-prime sponsor, made opening remarks to the bill.


03:00 PM

The co-prime sponsors responded to committee questions from Senators King and Johnston.


03:06 PM

The following persons testified:

03:06 PM --
Amy Nelson, representing herself, testified in support of the bill. Ms. Nelson told the committee about an incident that happened with her son on the school bus, describing the disciplinary and court processes.

03:12 PM --
Brandon Garcia, representing Padres y Jovenes Unidos, testified in support of the bill. Mr. Garcia described his experience as a high school student, saying an SRO at his school had discretion in his case. He said the restorative justice process led him down the right path. Mr. Garcia commented on the Legislative Task Force to Study School Discipline, saying that it facilitated an important discussion.

03:15 PM --
Ben Cairns, representing the Legislative Task Force to Study School Discipline, and speaking as a restorative justice representative, testified in support of the bill. He talked about restorative justice, saying it holds kids accountable to the community they have harmed instead of turning them over to the court system. He explained how the restorative justice process works, and said it reduces suspensions and expulsions and increases school safety.













03:21 PM --
Doug Ross, a Longmont police officer, representing the Legislative Task Force to Study School Discipline and speaking on behalf of SROs, testified in support of the bill. He said the bill applies common sense to school discipline, and encourages keeping students in school without negatively impacting school safety.

03:24 PM --
Kim Dvorchak, a juvenile defense attorney who served on the Legislative Task Force to Study School Discipline, representing the Colorado Juvenile Defender Coalition, testified in support of the bill. She said the last decade and a half has seen an over-criminalization of children. She provided a handout showing the annual expenditure for one child in the justice system and the annual investment for one child on the road to success (Attachment C).

SenEd0216AttachC.pdf

Senator Johnston asked Ms. Dvorchak to list the three most important changes the bill will bring. She said: discretionary expulsions; behavioral plans for habitually disruptive students; and allowing suspended students to receive partial to full academic credit. Senator Johnston asked for clarification of current law around mandatory expulsion.

03:29 PM -- John Jackson, representing the Legislative Task Force to Study School Discipline and the Colorado Association of Chiefs of Police, testified in support of the bill. He said the association generally supports the bill, with a few technical changes, which the sponsors said are addressed with amendments that will be offered. He said not all schools have SROs, so the issues must be looked at from the perspective of an SRO as well as the perspective of any police officer that might be called to a school. Chief Jackson expressed concern about the tone of some of the language in the legislative declaration. He shared information he has heard from chiefs of police around the state, providing statistics about how safe people feel in schools, and how the addition of an SRO impacts those statistics. Chief Jackson talked about the importance of SROs, and about how SROs impact students' lives. He said the association has agreed to do a better job with data reporting, but he wants to see the data used in a functional way. He described how SRO training might look, noting some concerns about cost. He said the association is generally in support of the bill.



03:42 PM

Chief Jackson responded to committee questions about mandatory expulsion. The committee discussed at length the provisions of the amendment related to SRO training. The committee also discussed the reporting provisions, with the bill sponsors weighing in. Committee conversation also touched on language related to referrals to the district attorney.

03:58 PM --
Marco Nunez, representing the Legislative Task Force to Study School Discipline and Padres y Jovenes Unidos, testified in support of the bill. He said the bill is an effort to identify best practices and figure out how to replicate them. He said there are racial and geographic variances in school discipline. He said the bill provides greater parity by promoting graduated discipline, and it invites students to recognize that they are members of a community.










04:04 PM --
Jeannette Hotham, representing the Youth Transformation Center, testified in support of the bill. She provided two handouts -- a policy statement about out-of-school suspension and expulsion from the American Academy of Pediatrics (Attachment D) and a book entitled "Taking Restorative Justice to Schools" (Attachment E). She talked about the experiences of several students who have participated in her program. She said the bill's goal is to minimize the overuse of suspension and expulsion. Ms. Hotham discussed restorative justice and the decrease in recidivism when it is used.

SenEd0216AttachD.pdf Attachment E can be viewed at State Archives.

04:13 PM --
Charlotte Armstrong, a school psychologist from Monument representing the Colorado Society of School Psychologists, testified in support of the bill. She talked about policies and procedures for assessing students for threats of violence or suicide and individualized safety plans. Ms. Armstrong provided information about her school district and the work of the SRO there.

04:18 PM --
Julie Bolding, representing the Colorado Society of School Psychologists, testified in support of the bill. She discussed the role of school psychologists. Ms. Bolding expressed support for student behavior plans. She described the experience of a student in her school who was expelled. She spoke to some earlier committee questions about students being removed from the classroom.

04:22 PM --
Franci Crepeau-Hobson, representing the Colorado Society of School Psychologists, testified in support of the bill. She said research has consistently found that expulsion is ineffective in preventing disruptive behavior. She discussed the relationship between bullying, disciplinary problems, and suicide. She said changes to disciplinary processes can save lives.

04:25 PM --
Amy Miller, representing the Colorado Coalition Against Domestic Violence, testified in support of amendments L.006 and L.008 (Attachments B and F, respectively). She said students deserve an environment that is conducive to learning. She spoke about teen dating violence, saying it is a prevalent issue. She talked about the need to include this issue in safe school plans. She said amendment L.008 clarifies that restorative justice or peer mediation is not appropriate in cases of domestic violence, dating violence, or sexual abuse.

SenEd0216AttachF.pdf

04:31 PM --
Karen Moldovan, representing the Colorado Association Against Sexual Assault, testified in support of the bill. She talked about sexual violence in schools, and against young people. She said the response to victims must be included in safe school policies and procedures. She provided an example of an incident in a school, saying it illustrates why amendment L.008 is important. She explained mandatory reporting of sexual assault.













04:39 PM

Senator Johnston asked whether the bill would prevent a principal from intervening in an incident off of school grounds. Senator Newell responded to Senator Johnston's question and comments, speaking about mandatory reporting requirements. Conversation on this issue ensued. Ms. Moldovan said the Colorado Department of Education Office of Civil Rights has provided guidance on this issue as well, talking about hostile learning environments and federal law.

04:45 PM --
Mike Phibbs, from the Elizabeth Police Department, testified regarding the training provided for SROs. He said that the reporting requirements would be a burden to rural agencies. He shared an anecdote concerning a school-based incident that he responded to, in which no records were created. He spoke about the use of data that would be reported. Mr. Phibbs responded to questions from the committee. The committee discussed the reporting requirements at length.

05:00 PM --
Maureen Cain, representing the Colorado Criminal Defense Bar (CCDB), testified in support of the bill. She walked the committee through each provision of amendment L.006, describing each section in turn. She next explained amendment L.012 (Attachment G). Richard Sweetman, Office of Legislative Legal Services, came to the table to respond to a number of questions from Senator King about the term "action taken" and the definitions in section two of amendment L.006.

SenEd0216AttachG.pdf

05:17 PM

Ms. Cain's testimony continued, and she continued to walk the committee through each section of the amendment L.006. She also described amendment L.021 (Attachment H). Ms. Cain responded to committee questions as she continued her remarks.

SenEd0216AttachH.pdf

05:41 PM

The committee continued, at length, its discussion of the bill and the amendments.

Senator Bacon announced that the bill would be laid over, and asked that all the amendments be incorporated into a new strike below amendment. He further announced that at the meeting at which the bill would be heard (date to be determined) Mr. Sweetman, Ms. Cain, and Cynthia Coffman from the Office of the Attorney General would be allowed to testify, but no further testimony would be taken.


05:48 PM

The committee adjourned.