MINUTES OF THE
ADMINISTRATIVE RULES REVIEW AND GENERAL OVERSIGHT COMMITTEE
Thursday, May 18, 2023 • 10:00 a.m. • 120 Senate Building


Members Present:
Sen. Curtis S. Bramble, Chair
Rep. Kera Birkeland, Chair
Sen. Jacob L. Anderegg
Sen. David G. Buxton
Sen. Luz Escamilla
Sen. Karen Kwan
Rep. Gay Lynn Bennion
Rep. Brady Brammer
Rep. Mark A. Strong

Members Absent:
Rep. Jennifer Dailey-Provost

Staff Present:
Rohnin Randles, Policy Analyst
Eric N. Weeks, Associate General Counsel
Tracey Fredman, Administrative Assistant

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

1.Committee Business
Chair Bramble called the meeting to order at 10:06 a.m.
Chair Bramble provided an overview of the committee's statutory purpose and responsibilities.
MOTION:Rep. Birkeland moved to approve the minutes of the February 15, 2023, meeting.The motion passed with a vote of 6-1-3.
Yeas - 6Nays- 1Abs- 3
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Sen. K. Kwan
Rep. M. Strong
Sen. J. Anderegg
Rep. J. Dailey-Provost
Sen. L. Escamilla
2.Alpine School District Operating Procedures
2a - School Closure Statute - 53G-4-402
2b - Parent presentation on Alpine School District's School Closure Process
2c - Alpine School District Boundary Study Report
2d - Documentation of Timeline
2e - 2023-2024 Certified Negotiations Settlement
2f - FY24 - All Certified Schedules 5.11.23
Jonathan Adams, Policy Analyst, Office of Legislative Research and General Counsel, provided background for the discussion and highlighted the statutory requirements regarding school boundaries and closures.
Alicia Alba and Joe Johnson, parents of students enrolled in the Alpine School District, discussed their experiences and concerns about the impact that some decisions made by the district's school board are having on enrolled students and their families.
David Stephenson, Executive Director, External Relations and Communications, Kraig Brinkerhoff, Executive Director, Legal Services, and Rob Smith, Business Administrator, Alpine School District, discussed the timeline of events and the district's adherence to state statute.
During the committee discussion that followed, David Stephenson, Kraig Brinkerhoff, and Rob Smith responded to committee members' questions.
Public Comment was received from the following individuals:
Rachel Hall, representing Cascade Elementary School;
Lynn Muir, concerned parent;
Brian Jensen, concerned parent;
Chad Hunsaker, concerned parent;
Christina Parker, concerned parent;
Antonia Souza, concerned parent;
Samantha Scholes, concerned parent;
Sarah Lewis, concerned parent;
Crystal Muhlestein, concerned parent and substitute teacher;
Jennifer Louder, concerned parent;
BriAnn Christensen, concerned parent online;
Joylin Lincoln, member of Alpine School Board, online;
Masha Hunsaker, concerned parent; and
Skylar Lewis, concerned parent, online.
MOTION:Sen. Buxton moved to go to the next agenda item and to issue a legislative subpoena to the superintendent and the chair of the Alpine School District Board to appear before the committee at its next meeting.
Sen. Buxton withdrew his motion.
MOTION:Rep. Birkeland moved to refer the issue to the Education Interim Committee.
SUBSTITUTE MOTION:Rep. Brammer moved to open a committee bill file to address the issue and that the issue be referred to the Education Interim Committee.The substitute motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 1
Sen. J. Anderegg
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Rep. J. Dailey-Provost
MOTION:Sen. Buxton restated his motion to go to the next item on the agenda and to issue a legislative subpoena to the superintendent and the chair of the Alpine School District Board to appear before the committee at its next meeting.
Sen. Anderegg called for a division of Sen. Buxton's motion.
MOTION:Sen Buxton moved that the committee issue a legislative subpoena to the superintendent and the chair of the Alpine School District Board to appear before the committee during the next meeting.The motion passed with a vote of 6-3-1.
Yeas - 6Nays- 3Abs- 1
Rep. K. Birkeland
Sen. C. Bramble
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Sen. J. Anderegg
Rep. G. Bennion
Rep. B. Brammer
Rep. J. Dailey-Provost
MOTION:Sen. Buxton moved to go to the next agenda item.The motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 1
Sen. J. Anderegg
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Rep. J. Dailey-Provost
3.Equal Opportunity in High School Athletics
3a - Coordinator Regulations - 34 C.F.R. 106.8
3b - USBE Title IX Oversight Background Information
3c - Presentation, Title IX Oversight, USBE
Eric Weeks, Associate General Counsel, Office of Legislative Research and General Counsel, gave an overview of federal Title IX and issues that would be looked at by the federal government if a complaint was made about a Title IX violation.
Rep. Birkeland initiated a committee dialogue regarding the creation of an authority to provide oversight pertaining to equal opportunity and federal Title IX protections for students and student-athletes in public education.
Holly Bell, Student and Family Rights Specialist, State Board of Education, discussed the current process of addressing issues at the State Board of Education under Title IX.
Holly Bell, Student and Family Rights Specialist, Jennie Earle, Vice-Chair, State Board of Education, and Bryan Quesenberry, Assistant Attorney General, representing the State Board of Education, responded to committee members' questions.
MOTION:Rep. Birkeland moved to open a committee bill file to address the issue.The motion passed with a vote of 8-0-2.
Yeas - 8Nays- 0Abs- 2
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Sen. J. Anderegg
Rep. J. Dailey-Provost
MOTION:Sen. Buxton moved to authorize the chairs to open committee bill files as necessary to be brought back to the committee for review.The motion passed with a vote of 8-0-2.
Yeas - 8Nays- 0Abs- 2
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Sen. J. Anderegg
Rep. J. Dailey-Provost
4.Department of Transportation Procurement Rules
This agenda item was not discussed.
5.Insurance Department Licensee Oversight
This agenda item was not discussed.
6.Other Items/Adjourn
MOTION:Rep. Birkeland moved to adjourn the meeting.The motion passed with a vote of 9-0-1.
Yeas - 9Nays- 0Abs- 1
Rep. G. Bennion
Rep. K. Birkeland
Sen. C. Bramble
Rep. B. Brammer
Sen. D. Buxton
Rep. J. Dailey-Provost
Sen. L. Escamilla
Sen. K. Kwan
Rep. M. Strong
Sen. J. Anderegg
Chair Bramble adjourned the meeting at 12:51 p.m.