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MINUTES OF THE

SENATE EDUCATION STANDING COMMITTEE

WEDNESDAY, FEBRUARY 24, 2010

ROOM 415, STATE CAPITOL


Members Present:        Sen. Curtis Bramble, Chair
                Sen. Margaret Dayton
                Sen. Brent Goodfellow
                Sen. Scott Jenkins
                Sen. Karen Morgan
                Sen. Howard A. Stephenson                        
        
Members Excused:        Sen. Lyle Hillyard
                        
Staff Present:            Allison Nicholson, Policy Analyst
                Connie Steffen, Policy Analyst
                Angela Stallings, Associate General Counsel
                Karen C. Allred, Committee Secretary
    
Public Speakers Present:    Kyla McDonald, Home School Student                             Calvan Johnson, Private School Student
                Lauryn Johnson, Private School Student
                Kim Kehrer, President, Wasatch Home Educators Network
                Mary Ann Christensen, Utah Eagle Forum
                Lee Allred, Utah Eagle Forum
                Bart Thompson, Assistant Director, Utah High School Activities                     Association
                Larry Shumway, Superintendent, Utah State Office of Education
                Brian Allen, Chair, Utah State Charter School Board
                Kim Frank, Director, Utah Association of Public Charter Schools
                Matthew Piccolo, Policy Analyst, Sutherland Institute
                    
A list of visitors and a copy of handouts are filed with the committee minutes.

Chair Bramble called the meeting to order at 8:29 A.M.

MOTION: Sen. Dayton moved to approve the minutes of the February 22, 2010 meeting.

    The motion passed unanimously with Sens. Jenkins, Morgan, and Stephenson absent for the vote.

1.         S.B. 66 -- Public School Extracurricular Activities for Home School and Private School Students

        
Sen. Madsen introduced and explained the bill.

         MOTION: Sen. Dayton moved to adopt the following amendments:



1.    Page 4, Lines 120 through 121 :    

             120          (ii) retain academic eligibility
{   throughout the activity season and   } for all extracurricular

             121      activities
  during the activity season for which the affidavit is submitted       , until:


2.    Page 5, Lines 144 through 147 :    

             144          (b)
  (i)       If      {   a   }        in response to a request made under Subsection (9)(a), test scores are submitted and the       home school student's test scores on a basic skills competency test meet the

             145      requirement necessary for public school students to receive a basic high school diploma, as
             146      provided in Subsection 53A-1-611 (2), the home school student shall be considered to be in
             147      compliance with the academic eligibility requirements.
 

    (ii) A home school student who meets academic eligibility requirements pursuant to Subsection (9)(b)(i) retains academic eligibility for all extracurricular activities during the activity season for which an affidavit is submitted pursuant to Subsection (6).  


3.    Page 5, Line 152 through Page 6, Line 157 :    

             152          (10)
  (a)       A school district superintendent shall:

             153          
{   (a)   }        (i)       appoint a panel of three      {   to five   } individuals who have experience in home schooling

             154      high school-age students to verify a home school student's compliance with academic eligibility
             155      requirements when requested by a principal pursuant to Subsection (9); and
             156          
{   (b)   }        (ii)       select the panel members from nominees submitted by national, state, or regional

             157      organizations whose members are home school students and parents.
 

    (b) One member of the panel appointed under Subsection (10) shall have experience teaching in a public school.  


4.    Page 6, Lines 166 through 168 :    

             166          (12) A home school student who meets academic eligibility requirements pursuant to
             167      Subsection
{   (9) or   } (11), retains academic eligibility      {   throughout the activity

season and   } for all


             168      extracurricular activities
  during the activity season for which an affidavit is submitted pursuant to Subsection (6)       .


5.    Page 7, Line 186 :    

             186      eligible to try out for and participate in the activity as provided in this section.
 

    (16)(a) If a student exits a public school to enroll in a private or home school midsemester or during an activity season, and the student desires to participate in an extracurricular activity at the public school , the public school shall issue an interim academic assessment based on the student's work in each class.
    (b) A student's academic eligibility to participate in an extracurricular activity under the circumstances described in Subsection (16)(a) shall be based on the student meeting public school academic eligibility standards at the time of exiting public school.
    (c) A student may appeal an academic eligibility determination made under Subsection (16)(b) in accordance with procedures for appealing a public school student's academic eligbililty.  

        
        The motion passed unanimously with Sens. Jenkins, Morgan, and Stephenson absent for the vote.

        Kyla McDonald, Home School Student; Calvan and Lauryn Johnson, Private School Students; Kim Kehrer, President, Wasatch Home Educators Network; Mary Ann Christensen, Utah Eagle Forum; and Lee Allred, Utah Eagle Forum; spoke in favor of the bill.

        Bart Thompson, Assistant Director, Utah High School Activities Association, spoke to the bill.    

         MOTION: Sen. Dayton moved to pass S.B. 66 out of committee with a favorable recommendation.

        The motion passed unanimously.

2.        S.B. 188 -- Charter School Amendments

        Sen. Stephenson introduced the bill.

        Connie Steffen, Policy Analyst, Office of Legislative Research and General Counsel,         explained the bill.


        Larry Shumway, Superintendent, Utah State Office of Education; and Angela Stallings, Associate General Counsel, Office of Legislative Research and General Counsel; spoke to the bill.
        
        Brian Allen, Chair, State Charter School Board; Kim Frank, Director, Utah Association of Public Charter Schools; and Matthew Piccolo, Policy Analyst, Sutherland Institute; spoke in favor of the bill.

         MOTION: Sen. Stephenson moved to pass S.B. 188 out of committee with a favorable recommendation.

        The motion passed unanimously with Sen. Jenkins absent for the vote.

3.         S.B. 276 -- Promoting Healthy Lifestyles in Public Schools

         MOTION: Sen. Dayton moved to send a letter from the Committee to the State Board of Education requesting the information detailed in S.B. 276 be reported to the Legislature, as provided in the bill.

        SUBSTITUTE MOTION:
Sen. Goodfellow moved to adjourn.

        The motion failed with Sens. Goodfellow and Morgan voting in favor, Sens. Bramble, Dayton, and Stephenson voting in opposition, and Sen. Jenkins absent for the vote.

        The original motion passed with Sens. Goodfellow, Morgan, and Jenkins absent for the vote.

         MOTION: Sen. Dayton moved to adjourn.

        The motion passed unanimously with Sens. Goodfellow, Morgan, and Jenkins absent for the vote.

    Chair Bramble adjourned the meeting at 10:00 A.M.

    Minutes were reported by Karen C. Allred, Secretary.




___________________________________________
    
Sen. Curtis Bramble