HOUSE COMMITTEE ON EDUCATION

 

 

April 11, 2003 Hearing Room E

1:00 PM Tapes  64 - 65

 

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

 

MEASURES HEARD:                     HB 2744 – Work Session

                                                HB 3044 – Public Hearing

                                                HB 3480 – Public Hearing and Work Session

                                                HB 2843 – Public Hearing and Work Session

HB 2904 – Public Hearing

HB 3037 – Public Hearing

HB 3140 – Public Hearing

HB 3171 – Public Hearing

HB 3242 – Public Hearing

HB 3267 – Public Hearing

HB 3470 – Public Hearing

HB 3564 – Public Hearing

HB 3578 – Public Hearing

 

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 64, A

004

Chair Backlund

Calls meeting to order at 1:11 PM. Opens work session on HB 2744.

HB 2744 – WORK SESSION

004

Jim Keller

Committee Administrator. Reads Staff Measure Summary (SMS) on HB 2744. Notes the -17 & -18 amendments (EXHIBITS A & B).

010

Cindy Hunt

Legislative Counsel. Overviews -17 and -18 amendments.

The following testimony is submitted for the record without public testimony on HB 2744:

 

Sandra Smith-Gangle

League of Women Voters of Marion-Polk Counties. Submits written testimony (EXHIBIT C).

056

Chair Backlund

Comments on the history of the bill and amendments.

075

Rep. Hopson

MOTION:  Moves to ADOPT HB 2744-18 amendments dated 4/10/03.

079

Nolan

Remarks on the significant effort and success of the work of the Chair

on the issue of the Certificate of Initial Mastery (CIM) and the

Certificate of Advanced Mastery (CAM).

086

Rep. Hopson

MOTION:  Moves HB 2744 to the floor with a DO PASS AS                                              

                    AMENDED recommendation and the SUBSEQUENT   

                    REFERRAL to the committee on Ways and Means BE 

                    RESCINDED.

090

 

VOTE:  4-0-3

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

EXCUSED:  3 - Dalto, Farr, Scott

 

Chair Backlund

The motion CARRIES.

CHAIR BACKLUND will lead discussion on the floor.

096

Chair Backlund

Closes work session on HB 2744.

097

Chair Backlund

Reopens work session on HB 2744.

HB 2744 – WORK SESSION

098

Chair Backlund

MOTION:  Requests unanimous consent that the rules be

                    SUSPENDED to allow REP. DALTO to BE    

                    RECORDED as voting AYE on the "MOTION: Moves               

                    HB 2744 to the floor with a DO PASS AS AMENDED  

                    recommendation and the SUBSEQUENT REFERRAL  

                    to the committee on Ways and Means BE 

                    RESCINDED.”

099

 

VOTE:  5-0-2

EXCUSED:  2 - Farr, Scott

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

100

Chair Backlund

Closes work session on HB 2744. Open public hearing on HB 3044.

HB 3044 – PUBLIC HEARING

104

Jim Keller

Reads SMS on HB 3044. Notes the -3, -4, -5 amendments (EXHIBITS D, E & F).

120

Cindy Hunt

Legislative Counsel (LC). Explains the amendments to HB 3044 by section.

175

Chair Backlund

Asks about the inclusion of various items in fees.

179

Hunt

Affirms.

183

Chair Backlund

Recesses public hearing on HB 3044. Reopens work session on HB 2744.

HB 2744 – WORK SESSION

184

Chair Backlund

MOTION:  Requests unanimous consent that the rules be

                    SUSPENDED to allow REP. FARR to BE    

                    RECORDED as voting AYE on the "MOTION: Moves               

                    HB 2744 to the floor with a DO PASS AS AMENDED  

                    recommendation and the SUBSEQUENT REFERRAL  

                    to the committee on Ways and Means BE 

                    RESCINDED.”

186

 

VOTE:  6-0-1

EXCUSED:  1 - Scott

190

Chair Backlund

Closes work session on HB 2744. Reopens public hearing on HB 3044.

 

 

 

HB 3044 – PUBLIC HEARING

242

Patricia O’Sullivan

Portland Public Schools District. Testifies in HB 3044. Believes there are problems with the bill concerning family income and unhealthy situations. Does not feel a diploma should be withheld if a student is found to owe fees. Notes language barriers and informs the committee that schools are required to communicate with families in the language they speak. Explains the situations are frequently occurring, and that there is an additional issue of cost.

347

Chair Backlund

Asks if an amendment can be constructed to solve the problems.

352

O’Sullivan

Responds the district would need to adopt a policy of making exceptions in certain circumstances. Speaks on the use of ‘shall’ in the bill.

382

Hunt

Responds that an amendment would have to be based on cost and not on specific languages.

385

O’ Sullivan

Remarks.

387

Chair Backlund

Speaks on the Family Education Rights and Privacy Act (FERPA). Does not believe a transcript would be withheld in order for a student to apply to college. Informs there will be no work session on HB 3044. Closes public hearing on HB 3044. Opens public hearing on HB 3480.

HB 3480 – PUBLIC HEARING

400

Jim Keller

Committee Administrator. Reads SMS on HB 3480. Notes there are -1 amendments (EXHIBIT G).

TAPE 65, A

002

Bob Siewert

Oregon Department of Education (ODE). Refers committee to a partial fiscal analysis on the costs of the two Talented and Gifted (TAG) positions (EXHIBIT H). Notes ODE would oppose the bill currently. Believes general fund dollars would be needed to fund the positions.

020

Rep. Avakian

Asks if ODE has looked into providing TAG as the negative alternatives students are currently taking in the situation may be as costly.

025

Siewert

Responds that exact cost data is not available

030

Rep. Avakian

Speaks on Mr. Siewert’s response with regard to resources.

037

Siewert

Explains that in the current financial situation, TAG would require additional dollars. Suggests the federal requirements may not be fulfilled if dollars are redirected.

047

Rep. Farr

Asks how many employees within ODE are currently addressing the federal requirements.

050

Siewert

Answers.

055

Rep. Farr

Requests the number of Full Time Equivalent (FTE) employees in the Office of Special Education.

060

Siewert

Answers thirty-four.

062

Rep. Farr

Clarifies each are directed by federal mandate.

066

Siewert

Affirms.

069

Rep. Farr

Requests how many FTE there are in the Office of Curriculum Instruction.

072

Siewert

Estimates there are 34.5 FTE.

075

Rep. Dalto

Offers that the legislative intent of HB 3480 is to have ODE accommodate for the positions with the FTE it is currently allowed.

080

Siewert

Responds concerning ODE.

085

Rep. Dalto

Believes there are other options, other solutions to provide for compliance with the intent of the legislation.

090

Siewert

Recalls a discussion for the committee. Believes there are several ways to increase effort to ensure teachers accomplish the program in class.

105

Chair Backlund

Recalls one of the keys to TAG success is additional teacher training. Believes the provision for two FTE is to accommodate needs for teacher training. Voices frustration the accommodation cannot be made.

130

Siewert

Echoes the same concerns for TAG.

150

Rep. Dalto

Wonders why there has been no progress for TAG.

158

Siewert

Responds.

162

Rep. Dalto

Asks how many employees conduct teacher training programs.

164

Siewert

States he is unsure.

166

Rep. Dalto

Asks how many students special education includes.

172

Siewert

Answers around 13% of the total statewide population.

175

Rep. Dalto

Requests a number.

177

Chair Backlund

Estimates.

180

Rep. Dalto

Supposes the number is around 68,000. Inquires as to the number of TAG students.

183

Siewert

Believes it is 35,000.

185

Rep. Dalto

Asserts it is 48,000.

187

Rep. Hopson

Requests how much money comes from the federal government for special education.

188

Siewert

Lists the grants received for special education. Notes ODE receives no money from the federal government for TAG.

190

Chuck Bennett

Confederation of Oregon School Administrators (COSA). Assumes reallocation of resources could breed sensitivity. Notices HB 3480 has no subsequent referral to the committee on Ways and Means. Believes cost issues should be resolved in Ways and Means. Lists the reasons the bill should be referred. Voices hope that it could be sent there to continue on in the process.

240

Rep. Farr

Explains the subsequent referral is not present = because the idea was to absolve the costs within the system. Asks him to approximate the number of teacher trainers within ODE.

249

Siewert

Estimates for two departments.

259

Rep. Farr

Reiterates the vision for the two FTE would come from those already allocated.

266

Siewert

Responds he spoke to that earlier.

271

Rep. Farr

Asks if it would be unusual to tell ODE to allocate two FTE teacher trainers to TAG.

285

Bennett

Believes the situation is unusual.

289

Rep. Farr

Suggests the inclusion of TAG not already realized is what is unusual.

295

Bennett

Suggests the bill goes to Ways and Means to weigh it against other priorities in the system.

309

Rep. Farr

Advises he has not worked in Ways and Means. Asks if the committee could tell ODE to assign trainers.

315

Bennett

Reiterates that employee disposition has tended to be an executive action.

325

Rep. Farr

Asserts the action of the House Committee on Education could be a reasonable alternative.

335

Bennett

Responds that is a decision for the committee. Adds that the committee should generate revenue impact bills to match costs.

345

Rep. Farr

Respects his opinion.

349

Rep. Dalto

Clarifies his concern is for education and not for the ODE as a bureaucracy.

357

Bennett

Believes the shortfall is massive. Reiterates decisions such as this occur in Ways and Means.

390

Rep. Dalto

Reads the language of HB 3480 regarding FTE. Asks if he believes there is an appropriate number.

400

Bennett

States he is unsure what the number would be, but overall consideration of employment should be considered as budgets are being cut.

424

Laurie Wimmer-Whalen

Oregon Education Association (OEA). Testifies on HB 3480. Provides opinions as a lobbyist and as a TAG mother. States she does not think the issue involves the numbers of FTE. States she does not believe this is a situation to a TAG problem.

TAPE 64, B

017

Rep. Hopson

Asks if students are also recognized as TAG in areas of music and fine arts.

030

Siewert

Notes the different identifications available to districts for TAG students.

035

Rep. Hopson

Supposes that with the budget crisis all programs are being cut.

037

Siewert

Concurs that programs are being reduced and that ODE is trying to keep minimums.

040

Chair Backlund

Comments on his great interest in funding education. Voices frustration with the discussion. Speaks on earlier comments that specific FTE funding has not been usual previously. Believes the legislature has every right to do that. Closes public hearing and opens work session on HB 3480.

HB 3480 – WORK SESSION

080

Rep. Dalto

MOTION:  Moves to ADOPT HB 3480-1 amendments dated 4/10/03.

090

Rep. Hopson

States she is unclear as to the purpose of the -1 amendments.

097

Rep. Farr

Adds related question.

099

Siewert

ODE. Explains that ODE currently provides teacher training. Responds to Rep. Farr’s question.

111

Chair Backlund

Believes there are other parts of the -1 amendments that are helpful.

114

 

VOTE:  5-0

EXCUSED:  2 - Nolan, Scott

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

118

Rep. Dalto

MOTION:  Moves HB 3480 to the floor with a DO PASS AS AMENDED recommendation.

122

Rep. Hopson

States she will be a ‘no’ vote. Lists reasons. Does not believe special education and TAG should be considered on the same plane. Believes TAG students are addressed in several ways and that many opportunities are already available to them. Speaks against the micromanagement of an agency as it is outside of the realm of the Legislature. Thinks that not sending the bill to Ways and Means is in violation of actions to be taken by committees.

155

Rep. Farr

States he will be a ‘yes’ vote. Reasons that ODE must be sent a strong message that TAG should be considered. Notes his son dropped out of the system and was a TAG student. Believes the committee has heard from highly qualified people in support of the measure. Thinks students will be aided.

177

Rep. Avakian

Recognizes the expertise of the committee. States he will be a ‘yes’ vote. Believes the figures presented may be real, but knows for a fact that TAG kids costs the system in other areas without the programs. Notes the prior testimony of parents and believes there exists a very fair comparison of special education and TAG students. Does not subscribe to the idea that one program is being ‘cherry-picked’ out of others. Notes his support of the arts, music, and physical education in related issues. Notes there is no consideration of TAG currently, and the bill establishes a structure to obtain that. Concludes that FTE’s exist because there is federal funding. Differentiates the state and federal programs. Stresses the bill states that, in Oregon, TAG students will be cared for, and a way to fund costs will be created.

239

Rep. Dalto

Thinks it is time for the ODE to take a leadership role in serving Oregon’s TAG students. Believes ODE has failed to coordinate and also believes the fiscal impact has been an attempt to impair the effort.

262

 

VOTE:  4-1-2

AYE:               4 - Avakian, Dalto, Farr, Backlund

NAY:               1 - Hopson

EXCUSED:     2 - Nolan, Scott

 

Chair Backlund

The motion CARRIES.

REP. DALTO will lead discussion on the floor.

267

Chair Backlund

Closes work session on HB 3480. Opens public hearing on HB 2843.

HB 2843 – PUBLIC HEARING

269

Jim Keller

Committee Administrator. Reads SMS on HB 2843. Notes the -1 amendments to HB 2843 (EXHIBIT I).

278

Bob Siewert

ODE. States ODE takes no position on HB 2843. Speaks on data already collected.

321

Chair Backlund

Asks if Mr. Siewert has seen the -1 amendments.

322

Siewert

Responds he has not seen them.

323

Chair Backlund

Informs he plans to move the -1 amendments.

325

Rep. Hopson

Speaks on the data the bill discusses.

327

Siewert

Concurs that clarification of the intent of the requirements would be helpful.

330

Chair Backlund

Requests Ms. De lacy testify and poses question.

332

Rep. Hopson

Adds additional question regarding section three of the -1 amendments.

334

Margaret De lacy

Oregon TAG. Provides suggestions for alternative wording.

340

Rep. Hopson

Clarifies the information required by the bill.

350

De lacy

Believes it is data that would assist the ODE. Explains the intent of the amendment.

379

Rep. Hopson

Clarifies the information and suggestions of -1 amendment. Believes the amendment needs clarity.

391

Siewert

Asks for clarification on the intent of the bill.

TAPE 65, B

011

Rep. Hopson

Poses question regarding the tracking of double identified children.

017

Siewert

Speaks on the language and the intent of the measure.

023

Chair Backlund

Closes public hearing and opens work session on HB 2843.

HB 2843 – WORK SESSION

025

Rep. Avakian

Encourages the Senate to look at ideas presented in the -1 amendments.

028

Rep. Avakian

MOTION:  Moves HB 2843 to the floor with a DO PASS recommendation and be placed on the CONSENT CALENDAR.

029

Rep. Hopson

Objects to placement on the consent calendar.

030

Rep. Avakian

Withdraws motion.

031

Rep. Avakian

MOTION:  Moves HB 2843 to the floor with a DO PASS recommendation.

032

 

VOTE:  5-0

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

EXCUSED:  2 - Nolan, Scott

 

Chair Backlund

The motion CARRIES.

REP. DALTO will lead discussion on the floor.

035

Chair Backlund

Closes work session on HB 2843. Notes he will tap all bills that follow. Opens public hearing on HB 2904.

HB 2904 – PUBLIC HEARING

036

Chair Backlund

Closes public hearing on HB 2904. Opens public hearing on HB 3037.

HB 3037 – PUBLIC HEARING

037

Chair Backlund

Closes public hearing on HB 3037. Opens public hearing on HB 3140.

HB 3140 – PUBLIC HEARING

038

Chair Backlund

Closes public hearing on HB 3140. Opens public hearing on HB 3171.

HB 3171 – PUBLIC HEARING

039

Chair Backlund

Closes public hearing on HB 3171. Opens public hearing on HB 3242.

HB 3242 – PUBLIC HEARING

040

Chair Backlund

Closes public hearing on HB 3242. Opens public hearing on HB 3267.

HB 3267 – PUBLIC HEARING

041

Chair Backlund

Closes public hearing on HB 3267. Opens public hearing on HB 3470.

HB 3470 – PUBLIC HEARING

042

Chair Backlund

Closes public hearing on HB 3470. Opens public hearing on HB 3564.

HB 3564 – PUBLIC HEARING

043

Chair Backlund

Closes public hearing on HB 3564. Opens public hearing on HB 3578.

HB 3578 – PUBLIC HEARING

044

Chair Backlund

Closes public hearing on HB 3578. Adjourns meeting at 2:41 PM.

 

EXHIBIT SUMMARY

 

A – HB 2744-17, Staff, 23 pp.

B – HB 2744-18, Staff, 24 pp.

C – HB 2744, Sandra Smith-Gangle, 5 p

D – HB 3044-3, Staff, 3 pp.

E – HB 3044-4, Staff, 4 pp.

F – HB 3044-5, Staff, 4 pp.

G – HB 3480-1, Staff, 1 p

H – HB 3480, Bob Siewert, 1 p

I – HB 2843-1, Staff, 1 p