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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE

February 13, 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 Dee, Rep. Becky Lockhart,
        Rep. Stephen H. Urquhart,
            
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.


C hair Hughes called the meeting to order at 4:15 p.m.

MOTION:    Rep. Gowans moved to adopt the minutes of February 8, and February 12, 2007.     The motion passed unanimously with Rep. Anderson, and Rep. Holdaway absent     for the vote.

Rep. Moss gave a grammar lesson on the word 'regardless'.

H.B. 360    Orderly School Termination Act Amendments (Rep. B. Last)

Rep. Last introduced the bill which modifies procedures for the termination or discontinuation of a career employee's contract.

John Robson, attorney, explained the purposes of the changes made by the bill.

Vic Arnold, Utah Education Association, commented on the bill.

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



MOTION:    Rep. Gowans moved to pass the bill out favorably. The motion passed unanimously with Rep. Anderson, and Rep. Hughes absent for the vote.

H.B. 186    School Safety Amendments (Rep. C. Moss)

Rep. Moss introduced the bill which adds harassment or intimidation to the list of grounds for suspension or expulsion from a public school and requires the reporting of incidents or harassment or intimidation.

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

1.    Page 5, Lines 137 through 141 :    

             137      psychological well-being and is
{   :

             138          (i) motivated by an actual or a perceived personal characteristic, including race,
             139      national origin, marital status, gender, gender identity, sexual orientation, religion, or disability;
             140      or
             141          (ii)  
}
threatening or seriously intimidating; and

The motion passed unanimously.

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

1.    Page 5, Line 143 through Page 6, Line 181 :    

             143          
{   (2) The state superintendent of public instruction shall create a standard victim of

             144      harassment or intimidation form that shall:
             145          (a) identify the victim and the alleged perpetrator, if known;
             146          (b) indicate the age of the victim and the alleged perpetrator, if known;
             147          (c) describe the incident, including alleged statements made by the alleged perpetrator;
             148          (d) indicate the location of the incident;
             149          (e) identify any physical injury suffered by the victim and describe the seriousness and
             150      any permanent effects of the injury;
             151          (f) indicate the number of days the victim has been absent from school, if any,

as a
             152      result of the incident;
             153          (g) identify any request for psychological services initiated by the victim or the victim's
             154      family due to psychological injuries suffered; and
             155          (h) include instructions on how to complete and submit the form, including a mailing
             156      address and electronic submission procedures, if available.
             157          (3) (a) The state superintendent of public instruction shall distribute copies of the
             158      victim of harassment or intimidation report to school districts and charter schools.
             159          (b) Copies of the victim of harassment or intimidation report shall be available at each
             160      school.
             161          (4) An incident of harassment or intimidation may be reported to a school by a student,
             162      parent, guardian, or close adult relative of a student.
             163          (5) (a) Each school within a school district shall forward reports of incidents of
             164      harassment or intimidation at the school to the school district.
             165          (b) Each school district and charter school shall submit summaries of reports of
             166      harassment or intimidation filed with the school district or charter school to the State Board of
             167      Education by June 30 of each year.
             168          (c) The report summaries described in Subsection (5)(b) shall delete any personally
             169      identifying information.
             170          (d) The reports to the State Board of Education shall include, to the extent feasible:
             171          (i) a description of the incident of harassment or intimidation;
             172          (ii) the age of the victim and the alleged perpetrator;
             173          (iii) the allegation of the alleged perpetrator's motive;
             174          (iv) a description of the investigation of the complaint and any corrective action taken
             175      by the appropriate school authorities;


             176          (v) the number of days the victim has been absent from school, if any, as a result of the
             177      incident; and
             178          (vi) the number of false allegations reported.
             179          (6) The State Board of Education shall submit a report by November 30 of each year to
             180      the Education Interim Committee summarizing the reports filed by school districts and charter
             181      schools under Subsection (5).  
}


The motion failed with Rep. Frank, Rep. Holdaway, Rep. Last, rep. Newbold, and Rep. Sumsion voting in favor of the motion, and Rep. Anderson absent for the vote.

The following spoke in support of the bill:
Janet Shipton, Citizen from Roy, Utah
Kim Campbell, Utah Education Association
Will Carlson, Equality Utah
Cliff Lyon, Chairman of Anti-Bullying Training Board

MOTION:    Rep. Shurtliff moved to pass the bill out favorably as amended. The motion     passed with Rep. Holdaway and Rep. Last voting in opposition.

S.C.R. 2    Resolution Promoting Legislators Back to School Program (Sen. M. Dayton)

Rep. Dayton introduced the resolution which expresses support for civic education and Utah's Legislators Back to School Program.

Sue Perry, Utah PTA, spoke in support of the bill.

MOTION:    Rep. Holdaway moved to pass the resolution out favorably. The motion passed     unanimously.

MOTION:    Rep. Hughes moved to place the bill on the consent calendar. The motion passed     unanimously. The motion passed unanimously.

H.B. 364    Public School Textbook Evaluation (Rep. G. Froerer)

MOTION:    Rep. Hughes moved to adopt 1st Substitute H.B. 364. The motion passed with     Rep. Holdaway, Rep. Newbold, Rep. Gowans, and Rep. Shurtliff voting in     opposition.



Rep. Froerer introduced the bill which establishes requirements related to public education instructional materials.

Paul Hoffman, Procert Labs, spoke in support of the bill.

MOTION:    Rep. Frank moved top pass 1st Substitute H.B. 364 out favorably. The motion     passed unanimously.

H.B. 149    Class Size Reduction in Grades Kindergarten Through Three (Rep. K. Morgan)

MOTION:    Rep. Gowans moved to adopt 1st Substitute H.B. 149. The motion passed     unanimously with Rep. Frank, Rep. Shurtliff, and Rep. Hughes absent for the     vote.

The following spoke in support of the bill:
Rory Anderson, Mother from Lindon, Utah
Sarah Meiers, Utah School Boards Association
Gigi Brandt, Utah League of Women Voters

MOTION:    Rep. Moss moved to pass out favorably 1st Substitute H.B. 149. the motion     passed unanimously with Rep. Shurtliff absent for the vote.

MOTION:     Rep. Last moved to adjourn the meeting at 6:18 p.m. The motion passed          unanimously.







                              _____________________________
Rep. Gregory H. Hughes, Chair