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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE

February 4, 2004
Room 129, State Capitol Building

MEMBERS PRESENT:    Rep. Margaret Dayton, Chair
        Rep. Merlynn T. Newbold, Vice Chair
        Rep. LaVar Christensen
        Rep. John Dougall
        Rep. James A. Ferrin
        Rep. James R. Gowans
        Rep. Ann W. Hardy
        Rep. Kory M. Holdaway
        Rep. David L. Hogue
        Rep. Gregory H. Hughes
        Rep. Bradley T. Johnson
        Rep. Brad King
        Rep. Carol Spackman Moss
        Rep. Loraine T. Pace
        Rep. LaWanna Shurtliff        
            
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Cindy Baker, Committee Secretary

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


Vice Chair Newbold called the meeting to order at 8:03 a.m. and welcomed committee members.
Approval of the minutes was postponed until a quorum assembled.

S.B. 32    Use of Asthma Medication by Pupils in School (Sen. P. Arent)


Sen. Patrice Arent introduced S.B.32 saying it directs a public school to permit a student to possess and self-administer inhaled asthma medication under certain requirements.

Those who spoke in favor of the bill:
Ronda Rose, Utah PTA
Susan Kusiak, Utah Education Association
Chad Harris, Utah School Boards Association

MOTION:    Rep. Dayton moved to pass the bill out favorably. The motion passed          unanimously with Rep. Ferrin, Rep. Hogue, and Rep. Johnson absent for the vote.

MOTION:    Rep. Dayton moved to approve the minutes of February 2, 2004. The motion
    passed unanimously with Rep. Ferrin, Rep. Hogue, and Rep. Johnson absent for     the vote.



H.B. 84    State School Board Candidates (Rep. D. Cox)

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


1.    Page 3, Lines 66 through 69 :    

             66          (3) (a) The chair, or another member of the committee designated by the chair,
[[   shall   ]]        may      

             67      schedule and convene all committee meetings.
             68          (b)
  (i)       Any formal action by the committee requires the approval of a majority of

             69      committee members.
    
  (ii) To meet the requirements under this section, the chair may establish an election process to select candidates, including sending candidate information and ballots to committee members, in lieu of convening a meeting of committee members.      


The motion passed unanimously with Rep. Ferrin, Rep. Holdaway, Rep. Hogue, and Rep. Johnson absent for the vote.

Rep. Cox said the bill modifies the process for selecting candidates for membership on the State Board of Education.

Kim Burningham, State Board of Education, commented on the bill.

The following spoke in opposition to the bill:
Jim Olsen, Food Merchants
Robin Riggs, Salt Lake Chamber of Commerce

MOTION:     Rep. King moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. Hughes moved to move to the next item on the agenda. The motion passed     with Rep. Holdaway, Rep. King, Rep. Gowans, and Rep. Moss voting in          opposition and Rep. Ferrin, Rep. Hogue,and Rep. Johnson absent for the vote.




H.B. 223    State School Board Candidate Selection Committees (Rep. K. Morgan)

Rep. Morgan said the bill modifies the nominating and recruiting committee that selects candidates for membership on the State Board of Education.

The following spoke in favor of the bill:
Cheryl Phipps, Utah PTA
Gary Cameron, USBA/USSA
Kim Burningham, Speaking on his own behalf
Susan Kusiak, UEA

Rep. Dave Cox commented on the Bill.

The following spoke in opposition to the bill:
Larry Bunkall,( handout on file)

MOTION:    Rep. Dayton moved to pass the bill out favorably.

SUBSTITUTE
MOTION:    Rep. King moved to pass the bill out favorably and also vote to pass out HB 84
    favorably with the motion divided.
    Vote was taken on HB 223. The motion passed with Rep. Hughes and Rep.     Ferrin, voting in opposition. Rep. Johnson and Rep. Pace were absent for the vote.
    Vote was taken on HB 84. The motion passed with Rep. Newbold, Rep.          Holdaway, Rep. Shurtliff, Rep. Ferrin, Rep. Dougall, and Rep. Hughes voting in
    opposition. Rep. Johnson and Rep. Pace were absent for the vote.

H.B. 98    Eligibility for Interscholastic Athletics (Rep. A. Hardy)


The following commented on the bill:
Steve Laing, Utah State Office of Education
Kim Burningham, State Board of Education
Mr. Davidson, Granite School District

The following spoke in opposition to the bill:
Utah High School Activities Association

A letter from Marc Hunter, Utah Interscholastic Athletic Administrators Association, was distributed to committee members.

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




1.    Page 3, Lines 65 through 69 :    

             65          (d) occurs under a special group block permit established by one or more school
             66      districts;
[[   or   ]]

  (e) results from enrollment and continued attendance in an accelerated learning program that:

    (i) is not available at the student's school;
    (ii)requires the student to attend all of the student's classes at the school outside of the student's high school boundary; and
    (iii) may not be available by only taking some classes at the school outside of the student's high school boundary;
(f) is approved by the principal and athletic director of the student's boundary high school; or  

             67          
[[   (e)   ]]        (g)       is granted an exception, based upon      [[   exceptional   ]]        individual       circumstances and      [[   undue hardship   ]]        objectives that are not primarily athletic       ,

             68      by the Utah High School Activities Association or its designated committee in accordance with
             69      rules adopted by the State Board of Education.


SUBSTITUTE
MOTION:    Rep.Ferrin moved to adopt Rep. Christensen's amendment without subsection (f).

MOTION:    Rep. Johnson moved to cut off debate. The motion passed unanimously.

A vote was taken on the substitute motion. The motion failed with Rep. Dougall, Rep. Ferrin,
Rep. Holdaway, Rep. Hughes, Rep. King, Rep. Pace and Rep.Shurtliff voting in favor of the motion.

A vote was taken on Rep. Christensen's motion. The motion failed with Rep. King, Rep. Gowans, Rep. Christensen, and Rep. Hogue voting in favor of the motion.

MOTION:    Rep. Moss moved to continue discussion at the next meeting.



SUBSTITUTE
MOTION:    Rep. Holdaway moved to adjourn. The motion failed with Rep. Christensen, Rep.     Gowans, Rep. Hardy, Rep. Holdaway, Rep. King, and Rep. Pace voting in favor     of the motion.

A vote was taken on Rep. Moss's motion.

SUBSTITUTE
MOTION:    Rep. Ferrin moved to pass the bill out favorably.

MOTION:    Rep. Dougall moved to cut off debate. The motion passed with Rep. Holdaway,
    Rep. Christensen, Rep. Hogue, Rep. Pace, and Rep. Moss voting in opposition.

A vote was taken on Rep. Ferrin's motion. The motion failed with Rep. Dougall, Rep. Ferrin, Rep. Gowans, Rep. Hardy, Rep. Hughes, Rep. Johnson, and Rep. Shurtliff voting in favor of the motion.

MOTION:    Rep. Holdaway moved to adjourn the meeting. The motion passed unanimously.

Vice-Chair Newbold adjourned the meeting at 10:04 a.m.


    


            ____________________________                 Rep. Margaret Dayton, Chair