HOUSE COMMITTEE ON EDUCATION

 

 

April 9, 2003 Hearing Room E

1:00 PM Tapes  62 - 63

 

MEMBERS PRESENT:            Rep. Vic Backlund, Chair

Rep. Pat Farr, Vice-Chair

Rep. Elaine Hopson, Vice-Chair

Rep. Brad Avakian

Rep. Billy Dalto

Rep. Mary Nolan

Rep. Wayne Scott

 

STAFF PRESENT:                  Jim Keller, Committee Administrator

Jeana Harrington, Committee Assistant

 

ISSUE/MEASURES HEARD:            HB 3504 – Public Hearing

                                                HB 2575 – Public Hearing and Work Session

                                                Informational Meeting – Minority Teacher Report

                                                HB 2600 – Work Session

                                                HB 2744 – Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 62, A

004

Chair Backlund

Calls meeting to order at 1:10 PM. Welcomes colleagues and guests. Opens public hearing on HB 3504.

HB 3504 – PUBLIC HEARING

010

Jim Keller

Committee Administrator. Reads Staff Measure Summary (SMS). Notes amendments (EXHIBIT A).  

019

Rep. Gordon Anderson

House District 3. Testifies in favor of HB 3504. Speaks on the problem of student conflicts for schools and school districts. Comments on the overall benefits of the peer review committee. Explains the intent of the -1 amendments. Notes private schools could not be included due to the relating to clause.

072

Chair Backlund

Clarifies the issue was brought forth by citizens in Grant Pass.

075

Rep. Anderson

Affirms and explains the situation that began the legislation. Informs the committee of the intent on

097

Rep. Nolan

Asks if it his understanding that the bill as amended would include all civil suits. Poses situation.

112

Rep. Anderson

Believes the judge should be the determinant in said case.

117

Rep. Nolan

Notes the language says ‘shall’ and may not provide a judge with discretion. Asks about liability in other cases.

124

Rep. Anderson

Comments on the ‘shall’ versus ‘may’ usage.

128

Rep. Nolan

Wants to know how this would apply.

134

Chair Backlund

Requests clarification of the parties and the civil action.

138

Rep. Nolan

Adds to the request. Believes the action is sweeping.

143

Rep. Scott

Speaks on out of court settlements and qualifications of prevailing parties in said situation.

152

Rep. Avakian

Explains prevailing parties. Believes the bill as amended reads to include all civil actions. Notes the bill would mandate the awarding of attorney fees. 

177

Rep. Hopson

Comments.

179

Chair Backlund

Notes a work session will not occur. Closes work session on HB 3504. Opens work session on HB 2575.

HB 2575 – PUBLIC HEARING

198

Jim Keller

Reads SMS on HB 2575. Notes amendments (EXHIBITS B-E).

204

Chair Backlund

Recalls the past discussion on HB 2575.

210

Elise Lunas

Teacher, Clackamas County. Testifies in favor of HB 2575 (EXHIBIT F). States she supports the bill as it clarifies current statutes. Voices concerns with the measure. Provides educational history and experience with teacher licensure. Poses questions concerning Teacher Standards and Practices Commission (TSPC) handling of the issue.

279

Rep. Hopson

Asks her opinion on including substitute teaching in the experience required for licensure.

287

Lunas

Affirms and explains it would be appropriate.

300

Rep. Hopson

Asks if she has been evaluated in the same manner as a permanent teacher.

305

Lunas

States in her long term assignments she has been evaluated.

313

Chair Backlund

Closes public hearing and opens work session on HB 2575.

HB 2575 – WORK SESSION

316

Chair Backlund

Informs the committee of his intention to move the -1 amendments. Comments on the requirement of a master’s degree. Notes the -2 amendments need work. 

364

Rep. Nolan

Questions the remaining amendments.

368

Chair Backlund

Explains the -3 is an alternative brought by Vickie Chamberlain of TSPC.

400

Rep. Nolan

Does not feel that she is in a position to decide on licensing requirements and feels the -1 give them that authority. Believes the -3 amendment allows the professionals in the area make the decisions.

TAPE 63, A

002

Chair Backlund

Responds that as a former teacher he has reflected on the necessity of a master’s degree to be a teacher on top of other requirements.

015

Rep. Nolan

Explains she cannot properly evaluate licensing.

017

Chair Backlund

Thinks the committee is a policy setting one and that the move is necessary.

023

Rep. Hopson

Concurs with Rep. Nolan. Explains she is not convinced the master’s degree requirement is unnecessary. Believes the TSPC should handle the policy in the field. Acknowledges there are difficulties. Explains she has difficulty with the amendments.

035

Rep. Farr

Believes he has received enough evidence and agrees with the Chair on the matter.

049

Rep. Avakian

Wonders if Ms. Chamberlain could testify.

054

Vickie Chamberlain

TSPC. Explains the -1 amendments tie the hands of TSPC on licensure requirements. Points out teachers can receive an initial license without a master’s degree.

062

Chair Backlund

Asks if lines 1-3 were removed 4-6 could suffice.

064

Chamberlain

Comments.

066

Chair Backlund

Explains the -4.

070

Chamberlain

States TSPC does not support the committee’s action on HB 2575 amended with the -1 amendments.

085

Chair Backlund

Requests what amendments the TSPC would agree with.

090

Chamberlain

Offers the -4 amendments are tolerable.

095

Chair Backlund

Notes the clarity the -1 amendments provides. Thinks the -4 could suffice. Points out only eight states require a master’s degree. Notes No Child Left Behind (NCLB) does not require a master’s degree. Requests motion.

110

Rep. Farr

MOTION:  Moves to ADOPT HB 2575-1 amendments dated 2/25/03.

114

Rep. Nolan

Does not understand the matter. TSPC gives licenses based on experience. Reiterates public record provided for her does not give her the authority to decide. Voices concern on passing legislation prohibiting a commission from what it should do.

130

Chair Backlund

Responds.

135

 

VOTE:  4-3

AYE:               4 - Dalto, Farr, Scott, Backlund

NAY:               3 - Avakian, Hopson, Nolan

 

Chair Backlund

The motion CARRIES.

141

Chair Backlund

Closes work session on HB 2575.  Opens informational meeting.

INFORMATIONAL MEETING

159

Holly Zanville

Oregon University System (OUS). Explains the Minority Teacher Report (EXHIBIT G). Informs the committee of work on the issue regarding employment of minorities. Notes many of the initiatives are federally funded. Informs the committee of the recent presentation.

214

Vickie Chamberlain

TSPC. Explains the overall intent is equity in employment. Explains the TSPC can do nothing in raising the number of minority students in the university system, but it can help recruit teachers. Voices concern that recruitment is not great enough.

245

Zanville

Notes a large increase in minority candidates for teaching positions.

260

Chair Backlund

Comments on the report. Notes there are more minority teachers prepared outside of Oregon than those prepared within the state.

270

Zanville

Responds to the comments. Believes the districts have been aggressive but that incentives are not as attractive as other states.

280

Rep. Hopson

Hopes the report continues. Asks if there is discussion on gender differences particularly in administrative areas.

290

Zanville

Explains some study has been done in those areas.

308

Chair Backlund

Reminds the committee of Jim’s recent employment.

313

Chamberlain

Requests the committee reopen the work session on HB 2575.

316

Rep. Nolan

Observes the report totals on page five to illustrate the increase in overall student population while at the same time 1,000 teachers have been reduced over three years.

330

Chair Backlund

Notes class sizes have increased. Closes informational meeting and reopens work session on HB 2575.

HB 2575 – WORK SESSION

345

Vickie Chamberlain

TSPC. Urges the committee to reconsider the -4 amendments and not the -1 amendments. Explains the -1 will cause an enormous problem with teacher licensure. Notes the financial impact could be significant. Believes -4 would accomplish the committee’s intent.

390

Chair Backlund

Concurs he is inclined to move the -4 amendments. Closes the work session on HB 2575. Opens work session on HB 2600.

HB 2600 – WORK SESSION

400

Jim Keller

Explains that when the bill was first passed, the subsequent referral was rescinded and upon fiscal analysis the impact of the bill will require a referral to Ways and Means.

410

Chair Backlund

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 2600.

415

 

VOTE:  7-0

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

421

Rep. Hopson

MOTION:  Moves HB 2600 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

427

 

VOTE:  7-0

AYE:            In a roll call vote, all members present vote Aye.

 

Chair Backlund

The motion CARRIES.

TAPE 62, B

002

Chair Backlund

Explains reconsideration on HB 2575 cannot occur today. Opens a work session on HB 2744.

HB 2744 – WORK SESSION

007

Jim Keller

Reads SMS on HB 2744.

013

Chair Backlund

Comments on the amendments.

017

Cindy Hunt

Legislative Counsel (LC). Speaks on amendments (EXHIBIT H). Explains the -16 amendments (EXHIBIT I). Notes the concept of health inclusion in the -16 amendments.

027

Chair Backlund

Clarifies difference between the -15 and -16 amendments.

032

Hunt

Affirms.

036

Rep. Nolan

Inquires about Certificate of Initial Mastery (CIM) endorsements and receipts.

040

Hunt

Believes endorsements would be left up to school districts as the amendment does not specify that.

048

Rep. Farr

Informs the committee of an issue discussed at a meeting with the Chair.

051

Rep. Nolan

Explains her understanding of the purpose of the -16 is to create a uniform definition of CIM to the world. Voices concern that endorsements may imply receipt of a CIM and that this could devalue actual receipt

062

Rep. Hopson

Recalls Mr. Rose’s testimony

073

Chair Backlund

Clarifies the meetings with the Vice Chair and Mr. Keller. Interprets the intent of the CIM.

080

Rep. Avakian

Believes that if that is the intent it would be good to have that recognized in statute. Comments on the policy reasons for requiring a CIM prior to endorsements.

092

Chair Backlund

Thinks a CIM should demonstrate basic comprehension of fundamentals.

100

Rep. Avakian

Responds that Oregon’s vision for education does not have to coincide strictly or be mandated by the federal government by the No Child Left Behind (NCLB) Act.

107

Chair Backlund

Replies that as a former history teacher, he would like to concur. Explains his intent to be realistic.

115

Rep. Avakian

Responds that CIM can still comply with NCLB. Speaks on a more holistic approach.

125

Chair Backlund

Recalls earlier goals of CIM to illustrate goals of HB 2744.

142

Rep. Hopson

Echoes Rep. Nolan’s earlier beliefs of the need for a universal understanding of the CIM and what it entails. Asks Ms. Hunt if there should be language that defines the core CIM.

164

Hunt

Suggests that the question has been raised of the need to specify CIM receipt and CIM endorsements. Notes Mr. Rose’s real intent.

182

Chair Backlund

Refers to page eleven of the -16 amendments.

184

Rep. Avakian

Speaks on section five regarding health and notes it is not listed as one that needs requirements.

187

Hunt

Explains that was a mistake and conceptual amendments.

190

Rep. Dalto

Asks about second language.

195

Hunt

Explains that the language means foreign language and American Sign Language.

209

Chair Backlund

Comments on conceptual amendments and provides possible clarifications.

220

Rep. Nolan

Believes there is a problem with the language regarding endorsements

239

Chair Backlund

Notes that a conceptual amendment is not possible.

243

Rep. Hopson

Voices concern of the public understanding of the language.

261

Hunt

Notes a ‘diploma endorsement’ would add a problem as ‘diploma’ is not currently in statute requirements and is up to districts.

275

Rep. Hopson

Comments.

282

Chair Backlund

Comments.

285

Rep. Avakian

Asks about a difference in endorsements in subject areas.

290

Hunt

Responds regarding health.

295

Rep. Avakian

Clarifies old and new amendments.

300

Hunt

States she believes that is the same, but the option of the school district’s requirements for offerings may change.

308

Rep. Avakian

Clarifies.

316

Hunt

Affirms.

320

Chair Backlund

Clarifies.

328

Rep. Hopson

States her belief of the language of the -16 amendments.

337

Rep. Avakian

Remarks.

340

Chair Backlund

Speaks on the problems with the -16 amendments.

345

Rep. Farr

Offers a change to the language of endorsements.

357

Hunt

Responds.

368

Rep. Farr

Believes language may allow school districts to determine attachment to endorsements.

389

Hunt

Responds regarding endorsements. Believes the language makes the decision up to districts, but may not be read that way by others. Has other language to clarify

TAPE 63, B

004

Rep. Farr

Offers he would be fine with those changes.

006

Rep. Scott

Comments.

012

Chair Backlund

Asks if amendments can be conceptual.

014

Hunt

Responds they are possible, but the preference is to return with some.

018

Chair Backlund

Notes the fiscal is still needed. Thinks Friday would be a time to do more amendments.

024

Rep. Farr

Asks if the committee can proceed without a fiscal statement.

026

Hunt

Responds.

029

Chair Backlund

Asks if new amendments could be a ‘gut and stuff’.

031

Hunt

Affirms.

033

Jim Green

Oregon School Boards Association (OSBA). Brings up issues of charter school inclusion for 2003-2004 would change the contracts charter schools have right now and believes that wording for charter schools should be changed.

044

Hunt

Informs that contracts cannot be changed with the law. Adds that from a policy perspective the action may not be good.

050

Green

Notes the Center for Advanced Learning has waivers that do not include all the standards. Comments.

063

Chair Backlund

Asks if concerns could be brought to current law.

067

Green

Responds that there waivers granted by state to charter schools addressing the Certificate of Advanced Mastery (CAM)already.

073

Chair Backlund

Informs the CAM has been delayed.

075

Green

Understands, and speaks on waivers.

084

Rep. Hopson

Asks about waivers regarding ODE.

085

Hunt

Responds regarding waivers currently allowed by statute. Notes mandatory subjects are in the amendments of HB 2744. Difficult to speculate.

102

Green

Informs that adding health may impair current contracts.

104

Chair Backlund

Explains health is optional for purposes of the CIM.

110

Hunt

Adds that charter schools will not be required to have a CIM with HB 2744, uncertain some charter schools have agreed to follow CIM.

115

Green

Affirms there are some.

118

Chair Backlund

Believes the amendments are now more than conceptual. Requests Ms. Hunt work with Mr. Green on the matter.

124

Hunt

Clarifies the amendments will be separate and that she will work with Mr. Green.

130

Chair Backlund

Concurs the amendments will be separate. Adjourns the meeting at 2:52 PM.

 

EXHIBIT SUMMARY

 

A – HB 3504-1, Staff, 2 pp

B – HB 2575-1, Staff, 1 p

C – HB 2575-2, Staff, 1 p

D – HB 2575-3, Staff, 1 p

E – HB 2575-4, Staff, 1 p

F – HB 2575, Elise Lunas, 2 pp

G – Informational, Holly Zanville, 62 pp

H – HB 2744-11, Staff, 3 pp

I – HB 2744-16, Staff, 23 pp