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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE
February 2, 2007
Room W135, West Office Building, State Capitol Complex

MEMBERS PRESENT:    Rep. Gregory H. Hughes, Chair
        Rep. Patrick Painter, Vice Chair
        Rep. Sylvia S. Andersen        
        Rep. Craig A. Frank
        Rep. James R. Gowans
        Rep. Kory M. Holdaway        
        Rep. Carol Spackman Moss
        Rep. Merlynn T. Newbold
        Rep. LaWanna "Lou" Shurtliff
        Rep. Kenneth W. Sumsion    
        Rep. Stephen Urquhart
        Rep. Mark A. Wheatley

MEMBERS ABSENT:    Rep. Brad L. Dee, Rep. Bradley G. Last, and Rep. Rebecca D.         Lockhart
            
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Diane Obeshaw, Committee Secretary
        Dee S Larsen, Associate General Counsel

Note: List of visitors and copy of handouts are filed with committee minutes.

Vice Chair Painter called the meeting to order at 8:16 a.m.

Rep. Moss gave a grammar lesson on the use of "capital" and "capitol".

MOTION:    Rep. Shurtliff moved to approve the minutes of January 30, 2007. The motion     passed unanimously with Rep. Urquhart absent for the vote.

H.B. 155    Student Achievement Assessment Amendments (Rep. M. Newbold)

    Not considered.

H.B. 234    Compensation of Local School Board Members (Rep. J. Dougall)

Rep. Dougall introduced the bill which requires local school boards to adopt compensation schedules.

MOTION:    Rep. Frank moved to amend the bill as follows:

1.    Page 1, Lines 10 through 15 :    

             10          This bill modifies the State System of Public Education Code by
{   requiring   }        authorizing       local school

             11      boards to adopt compensation schedules for their members.
             12      Highlighted Provisions:
             13          This bill:
             14          .    
{   requires   }        authorizes       local school boards to adopt board compensation schedules for the

             15      compensation and expenses of their members
  beginning on July 1, 2007       ;


2.    Page 2, Line 45 :    

             45          (2)
{   If   }        Beginning on July 1, 2007, if       a local school board decides to adopt or amend its board compensation schedules,


3.    Page 3, Line 59 :    

             59      for board approval.
    
  (6) A local school board may, without following the procedures described in Subsections (2) and (3), continue to use the compensation schedule that was in effect prior to July 1, 2007 until, at the discretion of the board, the compensation schedule is amended or a new compensation schedule is adopted.      

:
The motion passed unanimously with Rep. Urquhart absent for the vote.

Steve Peterson, Utah School Boards Association, spoke in support of the bill.

MOTION:    Rep. Holdaway moved to pass the bill out favorably as amended. The motion     passed unanimously with Rep. Urquhart absent for the vote.

H.B. 309    Scott B. Lundell Tuition Waiver for National Guard Members' Surviving Dependents (Rep. G. Hughes)

Rep. Hughes introduced the bill which provides a tuition waiver for surviving dependents of military members under specified conditions. Mrs. Lundell commented on the bill.

MOTION:    Rep. Frank moved to adopt 1st Substitute 309. The motion passed unanimously     with Rep. Urquhart absent for the vote.

Dave Buhler, Associate Commissioner, Higher Education, spoke in support of the bill.


MOTION:    Rep. Moss moved to pass the bill out favorably. The motion passed unanimously     with Rep. Urquhart absent for the vote.



MOTION:    Rep. Anderson moved to place the bill on the consent calendar. The motion     passed unanimously with Rep. Urquhart absent for the vote.

H.B. 239    School Community Council Amendments (Rep. R. Menlove)

Rep. Menlove introduced the bill which modifies provisions regarding the membership and terms of office of school community council members.

MOTION:    Rep. Anderson moved to amend the bill as follows:

1.    Page 2, Lines 55 through 56 :    

             55          (4) (a) Each school community council shall consist of school employee members
             56      [and], parent or guardian members, and
  nonvoting       at large members in accordance with this section.


2.    Page 3, Lines 68 through 71 :    

             68          (d) In addition to the number of parent and guardian members and school employee
             69      members as provided in Subsection (4)(b) or (4)(c), a school community council may have one
             70      or more
  nonvoting       at large members provided that the number of school employee members and        nonvoting       at large

             71      members combined does not exceed the number of parent and guardian members.

3.    Page 3, Lines 75 through 77 :    

             75          (b) (i) Each parent or guardian member and each
  nonvoting       at large member shall be elected at an

             76      election held at the school by a majority vote of those voting at the election and [serves] serve a
             77      two-year term [beginning July 1].

4.    Page 3, Lines 80 through 82 :    

             80          (iii) Any person running for the position of parent or guardian [of a student who

meets
             81      the qualifications of this section] member or

  nonvoting       at large member may file or declare himself as a

             82      candidate for election to a school community council.

5.    Page 4, Lines 93 through 95 :    

             93          (iii) If
{   an   }        a nonvoting       at large position on a school community council remains unfilled after an

             94      election is held, the incoming council
{   shall   }        may       appoint a person who meets the qualifications of      {   an   }        a nonvoting      

             95      at large member as provided in Subsection (1).

6.    Page 4, Lines 105 through 106 :    

             105          (h) (i) Each school community council shall elect a chair and vice chair from its parent
             106      or guardian members,
  nonvoting       at large members, and elected employee members.


The motion passed unanimously with Rep. Urquhart absent for the vote.

Sarah Meier, Granite School Board, spoke in support of the bill.

MOTION:    Rep. Gowans moved to pass the bill out favorably as amended.

The motion passed out favorably with Rep. Urquhart absent for the vote.

H.B. 118    Residency Requirements for In-state Tuition (Rep. J. Draxler)

MOTION:    Rep. Newbold moved to adopt 1st Substitute H.B. 118.

The motion passed unanimously with Rep. Urquhart absent for the vote.

Rep. Draxler introduced the bill which amends the definition of a resident student for tuition purposes within the state system of higher education.

The following spoke in favor of the bill:
Dave Buhler, Associate Commissioner, Higher Education
Sonya Leeck, Utah State University student
Tony Yapias


MOTION:    Rep. Shurtliff moved to pass out favorably 1st Substitute H.B. 118.

SUBSTITUTE MOTION:    Rep. Hughes moved to amend the bill as follows:


1.    Page 2, Line 35 :    

             35      family member;
{   and   }

    
  . exempts certain students from paying the nonresident portion of total tuition; and      


2.    Page 8, Line 218 :    

             218      the facts which existed at the time of the determination have materially changed.]
    
  (20) A student shall be exempt from paying the nonresident portion of total tuition if the student:

    (a) attended high school in this state for three or more years; and
    (b) graduated from a high school in this state or received the equivalent of a high school diploma in this state.  



1.    Page 2, Line 35 :    

             35      family member;
{   and   }

    
  . exempts certain students from paying the nonresident portion of total tuition; and      


2.    Page 8, Line 218 :    

             218      the facts which existed at the time of the determination have materially changed.]
    
  (20) A student shall be exempt from paying the nonresident portion of total tuition if the student:

    (a) attended high school in this state for three or more years; and
    (b) graduated from a high school in this state or received the equivalent of a high school diploma in this state.  


The motion passed unanimously with Rep. Newbold absent for the vote.

MOTION:    Rep. Urquhart moved to delete lines 157 through lines 160. The motion failed     with Rep. Frank, Rep. Urquhart, Rep. Painter, and Rep. Hughes voting in favor of     the amendment, and Rep. Newbold absent for the vote.


MOTION:    Rep. Shurtliff moved to pass out favorably 1st Substitute H.B. 118 as          amended. The motion passed with Rep. Urquhart, Rep. Frank, Rep. Hughes, and     Rep. Painter voting in opposition, and Rep. Newbold absent for the vote.

MOTION:    Rep. Shurtliff moved to adjourn the meeting at 9:38 a.m. The motion passed     unanimously with Rep. Newbold absent for the vote.





_____________________________
Rep. Gregory H. Hughes, Chair