MINUTES OF THE

HOUSE EDUCATION STANDING COMMITTEE

Room 30, House Building

March 9, 2015, 2015


Members Present:                Rep. Bradley G. Last, Chair

                                                Rep. V. Lowry Snow, Vice Chair

                                                Rep. LaVar Christensen

                                                Rep. Kim Coleman

                                                Rep. Steve Eliason

                                                Rep. Justin L. Fawson

                                                Rep. Eric K. Hutchings

                                                Rep. David E. Lifferth

                                                Rep. Carol Spackman Moss

                                                Rep. Marie H. Poulson


Members Excused:               Rep. Gregory H. Hughes

                                                Rep. Francis D. Gibson

                                                Rep. Michael E. Noel 

 

Members Absent:                 Rep. Daniel McCay     

 

Staff Present:                        Ms. Tiffany Stanley, Policy Analyst

                                                Ms. Linda Service, Committee Secretary

 


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


Vice Chair Snow called the meeting to order at 7:45 a.m.

 

S.B. 195          Amendments to State Board of Education (Sen. A. Millner) (Rep. D. McCay)


Sen. Millner explained the bill to the committee.


Spoke for the bill:                   Mr. Royce Van Tassell, Utah Association of Public Charter                                                 Schools

Spoke against the bill:            Ms. Marilyn Bown, citizen

Spoke to the bill:                    Mr. Brad C. Smith, Superintendent, State Office of Education

                                                Ms. Liz Zentner, Utah PTA

                                                Ms. Lynda Simmons, citizen


MOTION:     Rep. Last moved to pass the bill out favorably. The motion passed with Rep. Hutchings, Rep. Lifferth, Rep. Moss, and Rep. Poulson voting against the motion. Rep. Eliason was absent for the vote.

 


Chair Last assumed the chair.

 

S.J.R. 5          Proposal to Amend Utah Constitution -- State Board of Education

Changes (Sen. A. Millner) (Rep. D. McCay)


Sen. Millner explained the resolution to the committee.


No action was taken on the resolution.


1st Sub. S.B. 37                     Data Reporting Regarding Front-line Teachers (A. Osmond)


Sen. Osmond explained the bill to the committee.


MOTION:     Rep. Poulson moved to move to the next item on the agenda. The motion passed unanimously with Rep. Eliason and Rep. Snow absent for the vote.


 

1st Sub. S.B. 204                   Parental Rights in Public Education Amendments (Sen. A. Osmond) (Rep. R. Cunningham)


Sen. Osmond explained the bill to the committee.


Spoke for the bill:                   Ms. Emmalee Gardner, citizen

                                                Ms. Heather Gardner, citizen

Spoke to the bill:                    Mr. Brad C. Smith, Superintendent, State Office of Education


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

 

1.    Page 6, Line 169:       

 

169 (ii) {  if the student has an IEP,   } consistent with {  the  }  a  student's IEP  if the student already has an IEP  .

 

2.    Page 7, Line 190:       

 

190to place a student in a specialized class {  or  }  , specialized program, or  an advanced course.

 

3.    Page 7, Line 202 through Page 8, Line 219: 

 

202  {  (9) (a)   } {  Upon [the] receipt of a written [request] statement of a student's parent or

203guardian, an LEA shall excuse the student from taking [a test that is administered statewide or

204the National Assessment of Educational Progress.]:

205 (i) any summative, interim, or formative test that was developed for, or provided by,

206the state under this title; or

207 (ii) any test that is federally mandated or mandated by the state under this title.

208 (b) An LEA may not:

209 (i) require a meeting as a condition of excusing a student from taking a test described

210in Subsection (9)(a); or

211 (ii) specify the form of a written statement under Subsection (9)(a).

212 (c) A written statement to an LEA to excuse a student from taking a test under

213Subsection (9)(a) remains in effect across multiple school years until:

214 (i) further notice from the student's parent or guardian; or

215 (ii) the student is no longer enrolled at the LEA.

216 (d) An LEA may not reward a student for taking a test described in Subsection (9)(a).

217 [(b)] (e) The State Board of Education shall ensure through board rule that neither an

218LEA nor its employees are negatively impacted through school grading or employee evaluation

219due to a student not taking a test pursuant to Subsection (9)(a).  }  

       (9)(a) At the request of a student's parent or guardian, an LEA shall excuse a student from taking an assessment that:

(i) is federally mandated;

(ii) is mandated by the state under this title; or

(iii) requires the use of:

(A) a state assessment system; or

(B) software that is provided or paid for by the state.

(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the State Board of Education shall make rules:

(i) to establish a statewide procedure for excusing a student under Subsection (9)(a) that:

(A) does not place an undue burden on a parent or guardian; and

(B) may be completed online or through the mail; and

(ii) to prevent negative impact, to the extent authorized by state statute, to an LEA or an LEA's employees through school grading or employee evaluations due to a student not taking a test under Subsection (9)(a).

(c) An LEA:

(i) shall follow the procedures outlined in rules made by the State Board of Education under Subsection (9)(b) to excuse a student under Subsection (9)(a);

(ii) may not require procedures to excuse a student under Subsection (9)(a) in addition to the procedures outlined in rules made by the State Board of Education under Subsection (9)(b); and

(ii) may not reward a student for taking an assessment described in Subsection (9)(a).

(d) The State Board of Education shall:

(i) maintain and publish a list of state assessments, state assessment systems, and software that qualify under Subsection (9)(a); and

(ii) audit and verify an LEA's compliance with the requirements of this Subsection (9).  

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

 

MOTION:     Rep. Lifferth moved to pass the bill out favorably as amended. The motion passed with Rep. Moss voting against the motion. Rep. Snow was absent for the vote.

 

1st Sub. S.B. 145                   Physics Education Proposal (Sen. H. Stephenson) (Rep. S. Eliason)

 

Sen. Stephenson explained the bill to the committee.

 

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

 

MOTION:     Rep. Moss moved to adjourn. The motion passed unanimously with Rep. Snow absent for the vote. Chair Last adjourned the meeting at 9:05 a.m.

 

 

 

___________________________________

Rep. Brad Last, Chair