MINUTES OF THE
SENATE EDUCATION STANDING COMMITTEE
ROOM 210, SENATE BUILDING
FEBRUARY 4, 2013
Members Present: Sen. Stuart C. Reid, Chair
Sen. Patricia W. Jones
Sen. Mark B. Madsen
Sen. Aaron Osmond
Sen. Jerry W. Stevenson
Sen. Howard A. Stephenson
Sen. Stephen H. Urquhart
Members Excused: Pres. Wayne L. Niederhauser
Staff Present: Ms. Allison Nicholson, Policy Analyst
Ms. Wendy Hill, Secretary
A list of visitors and a copy of handouts are filed with the committee minutes.
Chair Reid called the meeting to order at 4:15 pm.
Approval of Minutes
MOTION: Sen. Osmond moved to approve the minutes of the January 28, 2013 meeting. The motion passed unanimously.
S.B. 51 Higher Education Tuition Waivers (Sen. S. Urquhart)
Sen. Urquhart introduced and explained the bill.
Spoke for the bill: Mr. Dave Buhler, Commissioner, Utah System of Higher Education
Dr. Stan L. Albrecht, President, Utah State University
Dr. James Morales, Vice-President of Student Services, Utah State University
MOTION: Sen. Osmond moved to pass the bill out favorably. The motion passed unanimously.
S.C.R. 5 Concurrent Resolution Endorsing the Utah Education Excellence Commission (Sen. J. Stevenson)
Sen. Stevenson introduced and explained the resolution.
Spoke for the resolution: Mr. Lane Beattie, President and CEO, Salt Lake Chamber of Commerce
Mr. Mark H. Bouchard, Senior Managing Director, CBRE, and Member, Governors Education Excellence Commission
Ms. Christine Kearl, Education Deputy, Governor's Office
Dr. Patti Harrington, Executive Director, Utah School Superintendents Association
Ms. JoDee Sundberg , Utah School Boards Association and Alpine School District Board of Education
Mr. David Hartman, President, Ogden-Weber Chamber of Commerce
Mr. Val Hale, President, Utah Valley Chamber of Commerce
Dr. Martell Menlove, State Superintendent of Public Instruction
Ms. Gainell Rogers, President, Utah Parent Teacher Association
Mr. Kory Holdaway, Government Relations Director, Utah Education Association
Mr. Rob Brems, President, Utah College of Applied Technology
Mr. Dave Buhler, Commissioner, Utah System of Higher Education
MOTION: Sen. Jones moved to pass the resolution out favorably. The motion passed unanimously with Sen. Madsen, and Sen. Urquhart absent for the vote.
S.B. 151 Authorization of Charter Schools by Higher Education Institutions (Sen. J. S. Adams)
Sen. Adams introduced and explained the bill.
MOTION: Sen. Osmond moved to adopt the following amendments:
1. Page 1, Line 20:
► modifies an annual fee for payment of a board of trustee's costs in providing oversight and technical support to a charter school; and
2. Page 1, Line 25:
3. Page 4, Lines 117 through 120:
117Subsection (6)(a) may not exceed the product of
120 (ii) the October 1 enrollment count of the charter school for the current fiscal year
4. Page 5, Lines 122 through 125:
122described in Subsection (6)(a) may not exceed the product of
125 (ii) the October 1 enrollment count of the charter school for the current fiscal year
5. Page 5, Line 151:
151policy governing the procedures or criteria described in Subsection (8)(a).
Section 3. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect upon approval by the governor, or the day following the constitutional time limit of Utah Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the date of veto override.
6. Page 1, Line 17:
17a charter school;
7. Page 1, Lines 20 through 21:
21 ► prohibits a higher education institution from operating a charter school
8. Page 1, Line 28:
9. Page 2, Line 32 through Page 3, Line 80:
33 53A-1a-518. Regulated transactions and relationships -- Definitions -- Entities
34prohibited from operating a charter school.
35 (1) As used in this section:
36 (a) "Charter school officer" means:
37 (i) a member of a charter school's governing board;
38 (ii) a member of a board or an officer of a nonprofit corporation under which a charter
39school is organized and managed; or
40 (iii) the chief administrative officer of a charter school.
41 (b) (i) "Employment" means a position in which a person's salary, wages, pay, or
42compensation, whether as an employee or contractor, is paid from charter school funds.
43 (ii) "Employment" does not include a charter school volunteer.
44 (c) "Relative" means a father, mother, husband, wife, son, daughter, sister, brother,
45uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law,
46sister-in-law, son-in-law, or daughter-in-law.
47 (2) (a) Except as provided in Subsection (2)(b), a relative of a charter school officer
48may not be employed at a charter school.
49 (b) If a relative of a charter school officer is to be considered for employment in a
50charter school, the charter school officer shall:
51 (i) disclose the relationship, in writing, to the other charter school officers;
52 (ii) submit the employment decision to the charter school's governing board for the
53approval, by majority vote, of the charter school's governing board;
54 (iii) abstain from voting on the issue; and
55 (iv) be absent from any meeting when the employment is being considered and
57 (3) (a) Except as provided in Subsections (3)(b) and (3)(c), a charter school officer or a
58relative of a charter school officer may not have a financial interest in a contract or other
59transaction involving a charter school in which the charter school officer serves as a charter
61 (b) If a charter school's governing board considers entering into a contract or executing
62a transaction in which a charter school officer or a relative of a charter school officer has a
63financial interest, the charter school officer shall:
64 (i) disclose the financial interest, in writing, to the other charter school officers;
65 (ii) submit the contract or transaction decision to the charter school's governing board
66for the approval, by majority vote, of the charter school's governing board;
67 (iii) abstain from voting on the issue; and
68 (iv) be absent from any meeting when the contract or transaction is being considered
70 (c) The provisions in Subsection (3)(a) do not apply to a reasonable contract of
72 (i) the chief administrative officer of a charter school; or
73 (ii) a relative of the chief administrative officer of a charter school whose employment
74is approved in accordance with the provisions in Subsection (2).
75 (4) The [State Board of Education or State Charter School Board] following entities
76may not operate a charter school[.]:
77 (a) the State Board of Education;
78 (b) the State Charter School Board; and
79 (c) a higher education institution listed in Section 53B-2-101.
80 Section 2
The motion passed unanimously with Sen. Madsen, and Sen. Urquhart absent for the vote.
Spoke to the bill: Mr. Rob Brems, President, Utah College of Applied Technology
MOTION: Sen. Osmond moved to pass the bill out favorably. The motion passed unanimously with Sen. Madsen absent for the vote.
MOTION: Sen. Jones moved to adjourn. The motion passed unanimously with Sen. Madsen absent for the vote.
Chair Reid adjourned the meeting at 6:07 pm.
Minutes were reported by Ms. Wendy Hill, Secretary.
Sen. Stuart Reid, Chair