MINUTES OF THE

ADMINISTRATIVE RULES REVIEW COMMITTEE Monday, August 17, 2015 – 9:00 a.m. – Room 445 State CapitolMembers Present:

Sen. Howard A. Stephenson, Senate Chair Rep. Curtis Oda, House Chair Sen. J. Stuart Adams Sen. Jim Dabakis Sen. Gene Davis Sen. Mark B. Madsen Rep. LaVar Christensen Rep. Carol Spackman Moss

Rep. R. Curt Webb

Members Absent:


Rep. Mark A. Wheatley

Staff Present:

Mr. Arthur L. Hunsaker, Policy Analyst Ms. Christine R. Gilbert, Associate General Counsel Ms. Tracey Fredman, Legislative Assistant


Note: A list of others present, a copy of related materials, and an audio recording of the meeting can be found at www.le.utah.gov.

1. Committee Business

Chair Oda called the meeting to order at 9:21 a.m.

MOTION: Sen. Davis moved to approve the minutes of the July 7, 2015, meeting. The motion passed unanimously.

2. Statutes and Administrative Rules Related to State School Board and Charter School Board Processes

Sen. Stephenson opened the discussion about whether there is sufficient direction in current statute and administrative rule governing the charter school application process.

Mr. Brad Smith, State Superintendent of Public Instruction, suggested that the State School Board's authority over the Charter School Board is somewhat ambiguous and could be addressed at another time. Mr. Smith stated that the State School Board and the Charter School Board need to adopt rules that are both transparent and clear so that charter school applicants know what they are expected to do, and he responded to specific questions from the committee about the current process.

Ms. Marlies Burns, Executive Director, Utah State Charter School Board, distributed "U.C.A. 53A-1a-504, Charter School Application."

Mr. Tim Beagley, member, State Charter School Board, referred to the handout, "U.C.A. 53A-1a-504, Charter School Application," and briefed committee members on the application process for potential charter schools.

No action was taken on this item. However, Sen. Stephenson asked that the board report back to the committee with new rules the board decides are needed and any recommendations for legislative consideration.

3. Letter to the Law Enforcement and Criminal Justice Interim Committee Recommending Further Study of Issues Related to Peace Officer Use of Force

Committee staff distributed a draft letter, "Issues Related to Peace Officer Use of Force," for review and committee approval. The committee discussed the letter and made recommendations for amending the language, which committee staff incorporated during the discussion.

Administrative Rules Review Committee August 17, 2015 Page 2

MOTION: Sen. Davis moved that the committee adopt the letter as amended, and send it to the chairs of the Law Enforcement and Criminal Justice Interim Committee. The motion passed unanimously.

4. Implementation of Statewide Longitudinal Data Systems Grant Program

Mr. Connor Boyack, Libertas Institute, described issues and concerns regarding the information collected and stored in the database, and whether the Legislature should have approved its creation legislatively.

Ms. Heather Gardner, parent, presented "Data Collection and Parental Rights in Utah," and reported that currently it appears that parents of children attending public schools in the state may not opt out of the collection of student data, including data for the statewide longitudinal data system. Ms. Gardner discussed the types of personal identifying information that is collected, including disabilities, behavior and attendance, and disciplinary issues, and named several organizations that participate in the sharing of the information.

Ms. Wendy Hart, parent and database analyst, gave a presentation on longitudinal data systems and stated that informed, parental consent should be required before a child's information is entered into a database that shares information.

Committee discussion followed during which Mr. Boyack, Ms. Gardner, and Ms. Hart responded to committee members' questions.

Mr. Smith indicated that he was not clear what the issues were until he heard the discussion and indicated that he would welcome an opportunity to return and address the issues at a future meeting. In response to the discussion, Mr. Smith stated that the State School Board supports student, family, and parental privacy. He also said that the access and storage of longitudinal data is an important topic for discussion.

No action was taken on this item. The committee asked the State School Board to address the issue further at a future meeting.

5. Committee Business

Future meetings were schedule for Wednesday, September 9, 2015, at 8:00 a.m. and September 29, 2015, at 9:00 a.m.

6. Adjourn

MOTION: Sen. Madsen moved to adjourn the meeting. The motion passed unanimously. Sen. Davis was absent for the vote.

Chair Oda adjourned the meeting at 12:10 p.m.