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h_ed_2017a_2017-01-23t13:35:14z1 Hearing Summary

Date: 01/23/2017

Location: HCR 0112

Final

BILL SUMMARY for HB17-1038



HOUSE COMMITTEE ON EDUCATION


Votes: View--> Action Taken:
Adopt amendment L.005 (Attachment C). The motion f

Refer House Bill 17-1038 to the Committee of the W
FAIL

PASS







02:19 PM -- HB17-1038



Representative Lontine presented and summarized House Bill 17-1038 concerning the prohibition of corporal punishment on children in public settings. The bill prohibits the use of corporal punishment on a child by a person employed by or volunteering in a public school or certain child care facilities licensed by the Department of Human Services (DHS), including state-licensed child care centers, family care homes, or specialized group facilities. School districts are required to add the prohibition on corporal punishment to their conduct and discipline codes. The DHS is required to incorporate the prohibition on corporal punishment into its child care licensing rules. In the bill, "corporal punishment" is defined as the willful infliction of, or willfully causing the infliction of, physical pain on a child. The bill exempts certain situations from the definition of "corporal punishment," including the force necessary to quell a disturbance, self-defense, or to obtain a weapon controlled by a child, as well as physical pain or discomfort caused by athletic activities in which a child is voluntarily engaged. Representative Lontine provided background information on the use of corporal punishment in Colorado public schools.



Representative Lontine answered questions from the committee regarding the definition of public settings as described by the bill. She also answered questions about other states that have passed laws regarding corporal punishment in schools. Representative Lontine discussed the definition of corporal punishment, and the legality of using necessary force in certain situations, as well as whether the bill will increase suspensions and expulsion rates of students.



The following people testified on the bill:



02:34 PM --
Kerrie Dallman, representing the Colorado Education Association, spoke in favor of the bill. Ms. Dallman answered questions from the committee.



02:36 PM -- Dr. Kinette Richards, representing the Colorado Education Association, spoke in favor of the bill. She spoke about the psychological effects of corporal punishment on children. Dr. Richards answered questions from the committee.



02:44 PM --
Dr. Rosemarie Allen, President and CEO of Institute for Racial Equality and Excellence, spoke in favor of the bill. She talked about anti-social behavior and lower academic achievement issues of children who experience corporal punishment. Dr. Allen answered questions from the committee.



02:57 PM --
Bill Jaeger, representing the Colorado Children's Campaign, spoke in favor of the bill. He answered questions from the committee.



03:02 PM --
Mari Jo Rymer, representing the Arc of Colorado, spoke in favor of the bill. Spoke about the impacts of corporal punishment on people with disabilities. Ms. Rymer answered questions from the committee.



03:12 PM -- Michael Clough, Superintendent of Sheridan School District, came to speak in support of the bill. He spoke about the reported incidences of corporal punishment at Sheridan School District, and answered questions from the committee. He distributed a handout to the committee (Attachment B).



17HouseEd0123AttachB.pdf17HouseEd0123AttachB.pdf



03:27 PM -- Pamela Bisceglio, Advocacy Denver, spoke in support of the bill. She spoke about helping families with children with disabilities enrolled in public schools. She answered questions from the committee.



03:31 PM --
Corrine Rivera Fowler, representing Padres y Jovenes Unidos, spoke in support of the bill. She spoke on racial and gender disparities shown in the data of incidences in the state. She answered questions from the committee.



03:38 PM --
Evie Hudak, representing the Colorado Parent Teacher Association, spoke in support of the bill. She spoke about the importance of students developing self-discipline, as well as positive behavior supports.





03:41 PM



Representative Lontine provided closing remarks to the bill.



Amendment L.005 was distributed by Representative Lundeen (Attachment C).



17HouseEd0123AttachC.pdf17HouseEd0123AttachC.pdf



03:57 PM -- Richard Sweetman, Office of Legislative Legal Services, came to the table to answer questions about amendment L.005. Committee discussion ensued.

BILL: HB17-1038
TIME: 04:04:08 PM
MOVED: Lundeen
MOTION: Adopt amendment L.005 (Attachment C). The motion failed on a vote of 6-7.
SECONDED: Everett
VOTE
Bridges
No
Everett
Yes
Exum
No
Garnett
No
Lee
No
Leonard
Yes
Lundeen
Yes
McLachlan
No
Navarro
Yes
Sias
Yes
Wilson
Yes
Buckner
No
Pettersen
No
YES: 6 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL




BILL: HB17-1038
TIME: 04:05:10 PM
MOVED: Buckner
MOTION: Refer House Bill 17-1038 to the Committee of the Whole. The motion passed on a vote of 11-2.
SECONDED: Lee
VOTE
Bridges
Yes
Everett
No
Exum
Yes
Garnett
Yes
Lee
Yes
Leonard
No
Lundeen
Yes
McLachlan
Yes
Navarro
Yes
Sias
Yes
Wilson
Yes
Buckner
Yes
Pettersen
Yes
Final YES: 11 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS







04:09 PM



The committee adjourned.








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