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MINUTES OF HOUSE EDUCATION
STANDING COMMITTEE

Tuesday, January 26, 2010
Room 445, State Capitol Building

MEMBERS PRESENT:    Rep. Gregory H. Hughes, Chair
        Rep. Kenneth W. Sumsion, Vice Chair
        Rep. Johnny Anderson
        Rep. Laura Black
        Rep. Rebecca Edwards
        Rep. Craig A. Frank
        Rep. Don L. Ipson
        Rep. Bradley G. Last
        Rep. Carol Spackman Moss
        Rep. Merlynn T. Newbold
        Rep. Marie H. Poulson
        Rep. Kraig Powell
        Rep. Mark A. Wheatley
        Rep. Carl Wimmer

MEMBERS ABSENT:    Rep. Brad Dee            
            
STAFF PRESENT:    Constance C. Steffen, Policy Analyst
        Linda Service, Committee Secretary
        
Note: List of visitors and copy of handouts are filed with committee minutes.


Rep. Hughes called the meeting to order at 2:10 p.m. Committee members were introduced.

H.B. 81    School Employee Criminal Background Check (Rep. S. Allen)

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

1.    Page 1, Line 18 :    

             18      applicant or employee to pay for the costs of a criminal background check;
{   and   }       

    . allows the State Board of Education to require an educator to submit to a criminal background check where reasonable cause exists; and  


2.    Page 5, Lines 150 through 151 :    

             150      revoked license.
 

    (2) Where reasonable cause exists, the State Board of Education may require an educator to submit to a criminal background check.  

             151          
{   (2)   }        (3)       (a) The office shall establish a procedure for obtaining and

evaluating relevant



3.    Page 6, Line 159 :    

             159      separate file of fingerprints submitted under Subsection
{   (2)   }        (3)       (a) and notify the office when a new


4.    Page 6, Line 169 :    

             169          
{   (3)   }        (4)       An applicant        or educator       shall have        an       opportunity to respond to any information received by the


5.    Page 6, Lines 171 through 173 :    

             171          (4) In preparing recommendations concerning licensing for submission to the board,
             172      the office shall consider only the following matters obtained through fingerprint checks to the
             173      extent that they are relevant to the license sought by the applicant
  or held by the educator       :


6.    Page 7, Lines 185 through 188 :    

             185          (5) If a recommendation is made for denial
  , suspension, or revocation       of licensure because of information

             186      obtained through a background check, the person shall receive written notice of the reasons for
             187      the recommendation and have an opportunity to respond in accordance with procedures set
             188      forth under board rules.

7.    Page 7, Line 191 :    

             191          (7) The applicant shall pay the costs of conducting the background check
  required pursuant to Subsection (1)       .

The motion to amend passed unanimously.

Rep. Allen explained the bill which modifies provisions regarding criminal background checks for employees of, or volunteers at, school districts, charter schools, and private schools.

Dr. Larry Shumway, State School Superintendent, responded to committee members' questions.



The following spoke in support of the bill:
    Steve Peterson, Utah School Boards Association and Utah School              Superintendents Association
    Robert McDaniel, Chair, Utah Professional Practices Advisory Commission and     H.R. Director, Murray School District
    Stephen Dimond, H.R. Director, Canyons School District
    Becky Williams, H.R. Director, Davis School District

Robert Layton, Utah Association of Criminal Defense Lawyers, commented on the bill.
    
Geoffrey Leonard, Utah Classified Employees Association, expressed concern with the cost of background checks to employees.

MOTION: Rep. Last moved to pass the bill out with a favorable recommendation. The motion passed unanimously with Rep. Newbold and Rep. Wimmer absent for the vote.    

H.B. 42    School District Employees - Career Status Requirements (Rep. R. Menlove)

MOTION: Rep. Ipson moved to adopt 1st Substitute H.B. 42. The motion passed unanimously with Rep. Newbold and Rep. Wimmer absent for the vote.

Rep. Menlove said the bill gives flexibility to school districts when an educator is seeking career status.

Steve Peterson, Utah School Boards Association and Utah School Superintendent s Association, spoke in support of the bill.

Susan Kuziak, Utah Education Association, spoke in opposition to the bill.

MOTION: Rep. Frank moved to pass the bill out with a favorable recommendation. The motion passed with Rep. Anderson, Rep. Black, Rep. Edwards, Rep. Moss, Rep. Poulson and Rep. Wheatley voting in opposition to the bill. Rep. Wimmer was absent for the vote.

MOTION: Rep. Moss moved to adjourn at 3:46 p.m. The motion passed unanimously with Rep. Wimmer absent for the vote.




_____________________________
Rep. Gregory H. Hughes, Chair