MINUTES OF THE HOUSE

EDUCATION STANDING COMMITTEE

Wednesday, January 25, 2017 • 2:00 pm • 30 House Building

Members Present:                                        Rep. Carol Spackman Moss

Rep. Val L. Peterson, Chair                           Rep. Michael E. Noel

Rep. Kim F. Coleman, Vice Chair                 Rep. Derrin R. Owens

Rep. LaVar Christensen                                 Rep. Marie H. Poulson

Rep. Bruce R. Cutler                                      Rep. V. Lowry Snow

Rep. Justin L. Fawson 

Rep. Francis D. Gibson                                  Staff Present:

Rep. Eric K. Hutchings                                  Ms. Allyson R. Goldstein, Policy Analyst

Rep. Bradley G. Last                                      Ms. Lorna Wells, Legislative Session Worker

Rep. Daniel McCay

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

Vice Chair Coleman called the meeting to order at 2:17 p..m.

1. H.B. 43 American Indian and Alaskan Native Education Amendments (Noel, M.)

MOTION:     Rep. Noel moved to amend H.B. 43 with Amendment #2.

1.    Page 1, Lines 16 through 17:   

16   ►      creates a pilot program related to teachers at American Indian and Alaskan Native

17concentrated schools

2.    Page 1, Lines 20 through 23:   

20   This bill appropriates for fiscal year 2018:

21   ►      to the State Board of Education -

22appropriation:

23           ∙      from the Education Fund, $500,000

3.    Page 2, Lines 41 through 48:   

41   (2) (a) Beginning with fiscal year 2017-2018, there is created a four-year pilot program

42administered by the board to provide grants targeted to address the needs of American Indian

43and Alaskan Native students

44than 7,000 American Indians or Alaskan Natives residing in the county  

45   (b) The pilot program shall consist of a grant program to school districts and charter

46schools

47recruitment, retention, and professional development of teachers who teach in American Indian

48and Alaskan Native concentrated schools.

4.    Page 3, Lines 66 through 69:   

66   To State Board of Education -

67           From Education Fund$500,000

68           Schedule of Programs:

69                   Pilot Teacher Retention Grant Program                $500,000

                        The motion passed with a vote of 13-0-1.

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Cutler, Rep. Fawson, Rep. Gibson, Rep. Last, Rep McCay, Rep. C. Moss, Rep. Noel, Rep. Owens, Rep. Poulson and Rep. Snow.

Absent or not voting was: Rep. Hutchings

Rep. Peterson assumed the chair.

Rep. Michael E. Noel explained the amended bill.

Superintendent Edward Lyman, San Juan School District, spoke in favor of the bill.

Mr. David Damschen, Utah State Treasurer, spoke in favor of the bill.

Dr. Sydnee Dickson, State Superintendent of Public Instruction, Utah State Board of Education spoke in favor of the bill.

Dr. Chuck Foster American Indian Education Specialist Utah State Board of Education spoke in favor of the bill.

Ms. Wendy Chun spoke in favor of the bill.

MOTION:     Rep. McCay moved to pass H.B. 43 out favorably, as amended. The motion passed with a vote of 14-0-0.

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Cutler, Rep Fawson, Rep. Gibson, Rep. Hutchings, Rep. Last, Rep. McCay, Rep. Noel, Rep. Owens, Rep. Poulson and Rep. Snow.

2. H.B. 88 Teacher Salary Supplement Program Amendments (Gibson, F.)

Rep. Francis D. Gibson explained that he is working with another Legislator who is drafting a similar bill, so this bill will not be heard today.

3. H.B. 114 Local School Entity Amendments (Cutler, B. R.)

Rep. Bruce R. Cutler presented the bill.

Ms. Brittney Cummings, Board Member, Utah State Board of Education, spoke in favor of the bill.

Mr. Royce Van Tassell, Executive Director, Utah Association of Public Charter Schools spoke to the bill.

Terry shoemaker spoke in favor of the bill.

MOTION:     Rep. Cutler moved to amend H.B. 114 with Amendment #6.                       

1.    Page 11, Lines 333 through 336:    

333 The number of weighted pupil units in the minimum school program for each year is

334the total of the units for each school district

335 (1) The number of units is computed by adding the average daily membership of all

336pupils of the

2.    Page 12, Lines 338 through 348:    

338 (2) The number of units is computed by adding the average daily membership of all

339pupils of the school district

340 (a) In those school districts

341nine-month term, the local school board or charter school governing board may approve a

342shorter term of nine weeks' duration.

343 (b) Upon local

344membership at the short-term kindergarten shall be counted for the purpose of determining the

345number of units allowed in the same ratio as the number of days the short-term kindergarten is

346held, not exceeding nine weeks, compared to the total number of days schools are held in that

347school district

348 (3) (a) The State Board of Education shall use prior year plus growth to determine

3.    Page 13, Lines 380 through 384:    

380 (2) The State Board of Education shall enact rules in accordance with Title 63G,

381Chapter 3, Utah Administrative Rulemaking Act, [which] that require a certain percentage of a

382school district's

383teaches in order for the school district

384 (3) If an individual's teaching experience is a factor in negotiating a contract of

4.    Page 16, Lines 484 through 486:    

484 (3) The State Board of Education shall establish and strictly interpret definitions and

485provide standards for determining which students have disabilities and shall assist

486determining the services that should be provided to students with disabilities.

5.    Page 20, Lines 583 through 593:    

583 (d) Leadership organization funds shall constitute an amount not to exceed 1% of the

584total appropriation under this section, and shall be distributed to each [local educational

585agency] school district

586organizations based on the agency's share of the state's total membership in those

587organizations.

588 (e) The [board] State Board of Education shall make the necessary calculations for

589distribution of the appropriation to a school [districts] district

590changes necessary for achieving equity and ease of administration.

591 (3) (a) Twenty weighted pupil units shall be computed for career and technical

592education administrative costs for each school district

593computed for each school district that consolidates career and technical education

6.    Page 20, Lines 603 through 607:    

603 (e) The [board] State Board of Education shall, by rule, establish qualifying criteria for

604[districts] a school district

605 (4) (a) Money remaining after the allocations made under Subsections (2) and (3) shall

606be allocated using average daily membership in approved programs for the previous year.

607 (b) A school district

7.    Page 21, Lines 617 through 620:    

617 (b) The rules shall reflect career and technical training and actual marketable job skills

618in society.

619 (c) The rules shall include procedures to assist school districts

620programs [which] that are not preparing students for the job market into programs that will

8.    Page 21, Lines 625 through 628:    

625 53A-17a-116. Weighted pupil units for career and technical education set-aside

626programs.

627 (1) Each school district

628appropriated to the State Board of Education for a career and technical education set-aside

9.    Page 22, Line 673 through Page 23, Line 675:    

673school districts and charter schools that qualify for an allocation pursuant to Subsection (8).

674 (3) (a) A [district] local

675any one or all of the grades referred to under this section, except as otherwise provided in

10.  Page 25, Lines 756 through 760:    

756school district or charter school's total weighted pupil units compared to the total weighted

757pupil units for all school districts

758 (b) Subject to budget constraints, money needed to support retirement and social

759security shall be determined by taking [the] a school district's

760adjusting it for:

11.  Page 36, Lines 1086 through 1092:        

1086(1) Since the State Board of Education has adopted a policy that requires school

1087districts

1088encouraged to continue and expand [their] school district cooperation with accredited

1089institutions through performance contracts for educational services, particularly where it is

1090beneficial to students whose progress could be better served through alternative programs.

1091(2) School districts

1092the number of ethnic minority and female students in the secondary schools who will go on to

12.  Page 37, Lines 1113 through 1116:        

1113[its] the school district's basic program.

1114(4)

1115section

1116rate had not been made.

13.  Page 37, Line 1132 through Page 38, Line 1139:       

1132(b) The [state board] State Board of Education shall provide each [district] local

1133board with a statement of the amount of state aid.

1134(4) [Prior to] Before the first day of each month, the state treasurer and the Division of

1135Finance, with the approval of the State Board of Education, shall disburse 1/12 of the state's

1136contribution to the cost of the minimum school program to each school district

1137(a) [A disbursement may not be made to a district] The State Board of Education may

1138not make a disbursement to a school district

1139Subsection (4)(d).

14.  Page 38, Lines 1144 through 1146:        

1144(d) The [state board] State Board of Education may interrupt disbursements to a school

1145district

1146comply with the minimum school program, is operating programs that are not approved by the

15.  Page 39, Lines 1186 through 1189:        

1186Section 30. Section 53A-17a-146 is amended to read:

118753A-17a-146. Reduction of local

1188revenues.

1189(1) As used in this section, "Minimum School Program funds" means the total of state

                        The motion passed with a vote of 11-0-3.

                        Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep.

                        Christensen, Rep. Cutler, Rep Fawson, Rep. Gibson, Rep. Hutchings,

                        Rep. Last, Rep. McCay, Rep. Noel, Rep. Owens, Rep. Poulson

                        and Rep. Snow.

Absent or not voting were: Rep. Hutchings, Rep. Last, and Rep. Snow.

MOTION:     Rep. McCay moved to pass H.B. 114 out favorably, as amended. The motion passed with a vote of 11-0-3.

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Cutler, Rep. Fawson, Rep. Gibson, Rep. McCay, Rep. C Moss, Rep. Noel, Rep. Owens and Rep. Poulson

Absent or not voting were: Rep. Hutchings, Rep. Last and Rep. Snow.

4. H.B. 136 Board of Education Revisions (Kennedy, M.)

Rep. Michael S. Kennedy explained the bill.

Ms. Elise Ellis, citizen, spoke in favor of the bill.

Ms. Lisa Cummings, spoke in favor of the bill.

Ms. Gayle Ruzicka, Eagle Forum, spoke in favor of the bill.

Mr. Jared Carlson spoke in favor of the bill.

MOTION:     Rep. Fawson moved to amend H.B. 136 with Amendment #1.

1.    Page 2, Line 58 through Page 3, Line 62:     

58hiring of lobbyists, but are intended to be performed in the course of school officials' normal

59duties.

60   (4) (a) As used in this Subsection (4)

       (i) "Available Education Fund revenue surplus" means the Education Fund revenue surplus after the statutory transfers and set-asides described in Section 63J-1-313.

       (ii)  

61same as that term is defined in Section 63J-1-313.

62   (b) Before prioritizing the implementation of a federal goal, objective, program need,

                        The motion passed with a vote of 12-0-2

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Cutler, Rep. Fawson, Rep. Gibson, Rep. McCay, Rep. C Moss, Rep. Noel, Rep. Owens and Rep. Poulson

                        Absent or not voting were: Rep. Hutchings and Rep. Last

MOTION:     Rep. Christensen moved to amend H.B. 136 with Amendment #2.  

1.    Page 3, Line 72:  

72appropriations act passed during a special session called by the governor or a general session.

The motion passed with a vote of 11-1-2.

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Fawson, Rep. Gibson, Rep. McCay, Rep. C. Moss, Rep Noel, Rep. Owens, Rep. Poulson and Rep. Snow

Voting in the negative was: Rep. Cutler

Absent or not voting were: Rep. Hutchings and Rep. Last.

MOTION:     Rep. McCay moved to pass H.B. 136 out favorably, as amended. The motion passed with a vote of 9-3-2.

Voting in the affirmative were: Rep. V. Peterson, Rep. Coleman, Rep. Christensen, Rep. Cutler, Rep. Fawson, Rep. Gibson, Rep. McCay, Rep. C Moss, Rep. Noel, Rep. Owens and Rep. Poulson

                        Voting in the negative were: Rep. Cutler, Rep. C. Moss, and Rep. Poulson

                        Absent or not voting were: Rep. Hutchings and Rep. Last

MOTION:     Rep. Coleman moved to adjourn. The motion passed unanimously.

Chair Coleman adjourned the meeting at 4:19 p.m.

______________________

Rep. Val Peterson, Chair