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MINUTES OF THE
EDUCATION INTERIM COMMITTEE

November 18, 1998 - 2:00 p.m. - Room 303 State Capitol


Members Present:
     Sen. David H. Steele, Chair    
    Rep. Lloyd Frandsen, Chair            
    Sen. Lyle W. Hillyard        
    Sen. Joseph L. Hull        
    Sen. Howard C. Nielson
    Sen. Howard A. Stephenson
    Rep. Sheryl L. Allen            
    Rep. Ron Bigelow
    Rep. Duane Bourdeaux        
     Rep. Judy Ann Buffmire
    Rep. David L. Hogue
    Rep. Keele Johnson
    Rep. Susan J. Koehn
    Rep. Patricia B. Larson
    Rep. Evan L. Olsen
    Rep. Tammy J. Rowan
    Rep. Richard M. Siddoway
    Rep. A. Lamont Tyler
    Rep. Bill Wright
         
    

Members Absent:
    Sen. Scott N. Howell     
     Sen. Blaze Wharton    
    

    
Staff Present:
    Mr. J. Wayne Lewis,
     Research Analyst
    Mr. James L. Wilson,
     Associate General Counsel
    Ms. Wendy L. Bangerter,
     Legislative Secretary

    Note:    A list of others present and a copy of materials distributed in the meeting are on file in the         Office of Legislative Research and General Counsel.
            
             
1.    Call to Order - Rep. Lloyd Frandsen called the meeting to order at 2:17 p.m.

    MOTION:    Rep. Johnson moved to approve the minutes of October 21, 1998. The motion passed unanimously with Rep. Olsen absent for the vote.
    
2.    High School Activities Reporting Legislation - Rep. Sheryl Allen explained that legislation enacted in the 1998 General Session on reporting class time missed due to participation in extracurricular activities at secondary schools has proved to be cumbersome. Issues pertinent to this legislation have been extensively reviewed by a task force consisting of local school superintendents and members of the State PTA. Although time away from school for extracurricular activities appears to be less of a concern than originally perceived, proposed legislation requires the State Superintendent of Public Instruction to prepare an annual report on class time missed in grades 9 through 12. The proposed legislation requires a disclosure statement to be prepared and distributed to students and their parents.
    
    MOTION:    Rep. Allen moved to amend the proposed legislation as follows:

    Page 4, Line 96, insert after "time," "or takes place outside of regular school time." The motion passed unanimously with Rep. Olsen being absent for the vote.

    MOTION:    Rep. Allen moved to pass the "School Activities Report" legislation out as a committee bill. The motion passed unanimously with Senators Hillyard and Hull and Representatives Hogue, Koehn, and Olsen being absent for the vote.

    Sen. Steele and Rep. Olsen demonstrated music for use in the classroom and discussed its benefits. This issue was discussed earlier in the interim. Sen. Steele reminded the committee of the positive impact music may have on students and learning. He said several Utah schools have used classical music to reduce stress and enhance learning.

3.    Early Childhood Literacy Legislation - Rep. Sheryl Allen reviewed legislation titled "Child Literacy Programs." She explained that the governor's office is preparing companion legislation. Although this bill does not yet have a fiscal note, she encouraged the committee to adopt it as a committee bill. The Childcare Task Force and Workforce Services Interim Committee have both endorsed the proposed legislation. The bill requires that teacher inservice programs utilize the newest childhood literacy research and findings. The legislation involves public education at three levels: preschool, grades kindergarten through three, and grades four through twelve. The committee discussed the need for early age intervention to teach children correct reading skills.

    Mr. Gary Carlston, Education Deputy to the Governor, said a single early childhood literacy program will probably not meet the needs in Utah of early childhood literacy. He felt several programs will be required to meet individual students' needs. He emphasized that previously adopted legislative programs for class-size reduction should also continue to be funded.

    MOTION:    Rep. Allen moved to adopt the Child Literacy Programs legislation as a committee bill.

    SUBSTITUTE MOTION:     Sen. Steele made a substitute motion that the committee take no action on Child Literacy Programs legislation since it had been adopted as a committee bill by the Workforce Services Interim Committee. The motion passed unanimously with Rep. Olsen being absent for the vote.

4.    Best Practices in Education Legislation - Mr. Richard West, Center for the School of the Future at Utah State University, reviewed proposed Center for the School of the Future legislation. It statutorily provides for coordination with other entities within the education community to clarify and define educational problems, identify successful educational practices and share those programs with schools in the public education system. The Center for the School of the Future will enter into partnerships and cooperatives with other educational entities

to determine why specific education programs work well in certain settings while others do not. The Center would research specific educational issues and determine if proposed procedures could make a difference.

    Mr . Scott Bean, Superintendent of Public Instruction, explained that part of a best practices process currently exists within the State Office of Education, but the concept presented here adds a strong research component to the current process and enhances the program provided by the state office.

    MOTION:    Rep. Frandsen moved to recommend the proposed legislation "Center for the School of the Future " to the legislature as a committee bill. The motion passed with Sen. Stephenson and Reps. Bigelow, Olsen, and Wright voting in opposition.

5.    Middle School Task Force Report - Mr. Carlston, Deputy for Education, Office of the Governor, introduced members of the middle school task force to the committee. He explained the importance of middle-level schools and a need to expect high academic performance while continuing to nurture students during a difficult time in their lives. Last year's appropriation to reduce class size has impacted middle schools positively . He said it is essential that the task force report be a reference document during the next ten-year period.

    Ms. Mary Kay Kirkland, school principal and member of governor's task force, reviewed concerns addressed by the task force as follows:

.     Continue reduction of middle school class size;
.     Continual monitoring and improvement of safety at the middle school level;
.     Continual investigation of both the victim and bully in cases of harassment;
.     Reduction of truancy and drop-out rates;
.     Encouragement of positive relationships between students and school personnel;
.     Teacher preparation and professional development is critical. Teacher preparation needs to offer coursework to address this unique age group and professional development needs to be on-going.


    MOTION:    Sen. Steele moved the committee endorse the need for further class size reduction in middle schools. The motion passed with Sen. Nielson and Reps. Allen, Buffmire, Hogue, and Koehn being absent for the vote and Rep. Rowan and Wright voting in opposition.

6.    Strategic Planning for Public and Higher Education Report - Mr. Wilson distributed a letter outlining topics studied by the Strategic Planning for Public and Higher Education Task Force during the 1998 interim. He reviewed those public and higher education concepts endorsed by the task force and its recommendations to the Legislature.

7.    School Finance Task Force Legislation

     Certified Tax Notice Amendments - Representative Lamont Tyler reviewed proposed legislation titled "Certified Tax Rate Notice Amendment." This proposed legislation amended current statutory language relating to certified tax notices. He told how language in a certified tax notice explains that the current average tax on a typical residence within the taxing entity is compared, first with the proposed increase and then, without the increase. The actual percentage increase on the individual residence is usually minor. The existing law requires however, that the notice compare the total amount of tax revenue the taxing entity could collect with what has been collected in the past and misconstrues what the increase means to the individual taxpayer. His proposal changes the language in the notice to eliminate total revenue comparison, and will reflect what kind of an increase will actually occur to the individual residence or business.

    Sen. Stephenson suggested that rather than eliminate the total percentage gain of revenue to the taxing entity, simply require the percentage increase on the average individual residence or business be placed on the bottom line of the notice.

    The committee discussed the need for providing more information to the public in a simple way which would satisfy the requirements for a clear truth-in-taxation notice.

    MOTION:    Sen. Stephenson moved that the committee endorse the inclusion of addition information clearly describing the percentage increase for an average residence and for businesses to satisfy the truth-in-taxation notice requirement. The percentage increase for an average individual property provides greater disclosure than current statutory language.
                                                
    The motion passed with Rep. Frandsen voting against the motion and Sens. Hillyard and Hull and Reps. Allen, Koehn, Larson, and Siddoway being absent for the vote.

    Education Capital Outlay Foundation Amendments - Ms. Laurie Chivers, Deputy Superintendent, State Office of Education, explained that the proposed legislation, "Education Capital Outlay Foundation Amendments," would allow a school district levying less than a .0024 tax rate for capital outlay and debt service to receive proportional funding under the capital outlay foundation program based upon the percentage of the .0024 tax rate levied by the district. She noted that, in some cases, a district may not need to tax at .0024, but still require additional capital funding. The School Finance Task Force recommended that districts not be forced to be at the .0024 level and if needed, foundation assistance could be provided on a proportionate basis from the state appropriation.

    MOTION:    Rep. Rowan moved to pass the bill out as a committee bill. The motion passed unanimously with Reps. Allen, Bourdeaux, Koehn, Larson, Olsen, and Siddoway and Sens. Hillyard and Hull being absent for the vote.

     Certified Tax Rate Amendment - Laurie Chivers explained that the certified tax rate is a rate level that will generate the same property tax revenues for a taxing entity that were collected the previous year. Proposed changes in legislation provide that the certified tax rate, for purposes of maintaining a school program above the cost of the minimum school program, is the actual levy imposed by Sections 53A-17a-133 and 53-A-17a-134. The task force recommends removing the restriction from the truth-in-taxation requirement.

    Sen. Stephenson explained that during the past 3 years when the Legislature lowered the state-wide minimum school rate, a provision requiring a vote of the people was adopted to restrict other taxing entities from capturing fiscal excesses. He was concerned that board and voted leeway provisions imposed by a local board were no longer subject to truth in taxation. He explained that local school boards, under the proposed legislation, can receive additional tax revenue from home owners without adhering to the certified tax rate. He would have been more comfortable if this issue had been dealt with by the Revenue and Taxation Committee.

    Rep. Frandsen asked if committee members were interested in sponsoring the proposed legislation. Sen. Howard Nielson suggested this legislation be heard in the Revenue and Tax Interim Committee. The committee agreed that it should be heard by the Revenue and Taxation committee along with the Certified Tax Notice Amendments.

8.    Driver's License Report - This item was not discussed.

9.    Pilot Project for Acquisition of Computers Legislation - Sen. Howard Stephenson said since the adoption of the computer acquisition legislation, changes have been recommended to make the program more flexible. He noted that the first set of 30 computers had been delivered and placed in Valley High School in Jordan School District. He felt the program could be market competitive and should be able to produce enough revenue to supplement the purchase of new computers.

    The proposed bill provides an option for Correction Industries to build new computers, if proved to be economically feasible. The bill provides that the program become self-supporting and the appropriation provided in the original legislation be phased out during the second and third years of the program. The cost to schools to purchase refurbished computers has been amended to reflect the need to keep the program economically viable and competitive with the marketplace.
    
    MOTION:    Rep. Rowan moved to recommend "Computers for Public Schools Amendments" as a committee bill. The motion passed with Reps. Frandsen, Buffmire, and Tyler voting in opposition. Reps. Allen, Bordeaux, Koehn, Larson, Olsen, and Siddoway and Sens. Hillyard and Hull were absent for the vote.
                
    Sen. Steele expressed appreciation to the committee and staff for their contributions to the

committee during the 1998 interim.

10.    Statutory Reports

    MOTION:    Sen. Steele moved that reports scheduled to be heard on the agenda should be submitted in written format, and responses could also be received in the same manner. The motion passed unanimously with Reps. Allen, Bordeaux, Koehn, Larson, Olsen, and Siddoway and Sens. Hillyard and Hull being absent for the vote.
    
11.    Adjournment

    MOTION:     Sen. Steele moved to adjourn the meting. The motion passed by unanimous vote at 5:24 p.m.     

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