02F82BBB9F2CA5A1872584D3005B625C Hearing Summary

Michael Dohr, Managing Senior Attorney, Office of Legislative Legal Services, testified before the Committee. Mr. Dohr presented the Office's rule memorandum concerning the contested rule issue of the State Board of Education concerning the administration of medical marijuana by school personnel.

Jenna Zerylnick, State Board of Education (Board), and Jennifer Mueller, Chief Legal Counsel and General Counsel for the Colorado Association of School Boards (CASB), testified before the Committee. Ms. Zerylnick expressed that the Board believes that the rule is within their statutory authority and that school boards get to decide whether staff can administer marijuana and then principals have a role in deciding how it gets done once a district decides it can be administered.

Senator Gardner discussed with Ms. Zerylnick and Mr. Dohr whether, before this rule was promulgated, school boards had the authority to adopt policies governing medical marijuana.

Representative Van Winkle asked Ms. Mueller if there was any sympathy from CASB for the fact that the ability to receive life-saving medication varies for children in the state dependent on their location. Ms. Mueller agreed with the Board in their interpretation of the authority for the rule and that the statute has to be read in context with other statutes, which give school boards the ability to govern based on policy, and on the state constitution, which gives local control to school boards.

Senator Gardner and Ms. Mueller talked about whether school boards need the rule to have authority to make decisions about whether to allow administration of marijuana.

Representative Soper and Ms. Mueller talked about whether CASB supported the rule.

Senator Foote and Mr. Dohr talked about where the conflict is between the statute and the rule. Ms. Mueller and Ms. Zerylnick also responded to the conversation about the conflict.

Senator Gardner and Mr. Dohr talked about whether the statute gave each individual school the authority to make decisions.

Amber Wann, Board Member for Americans for Safe Access (ASA), testified before the Committee and talked about how ASA agrees that the school principals have the authority to implement a policy concerning the administration of marijuana and not the school boards.

Representative Herod addressed Ms. Wann's testimony, and Ms. Wann discussed her experience in working on the bill that created the statute before it passed.

Representative Soper and Ms. Mueller discussed whether a principal can go against a school board's policy and vice versa.

Representative Van Winkle talked about his understanding of the purpose of the bill.