HOUSE COMMITTEE ON EDUCATION

 

 

April 18, 2003 Hearing Room E

1:00 PM  Tapes 71 - 72

 

MEMBERS PRESENT:            Rep. Vic Backlund, Chair

Rep. Pat Farr, Vice-Chair

Rep. Elaine Hopson, Vice-Chair

Rep. Brad Avakian

Rep. Billy Dalto

Rep. Wayne Scott

 

MEMBER EXCUSED:            Rep. Mary Nolan

 

STAFF PRESENT:                  Jim Keller, Committee Administrator

Jeana Harrington, Committee Assistant

 

MEASURES HEARD:                     HB 2817 – Work Session

                                                SB 287 – Work Session

                                                HB 2894 – Work Session

                                                HB 3044 – Work Session

                                                HB 3171 – Work Session

                                                HB 3557 – Work Session

                                                HB 3564 – Work Session

                                                SB 238 – Work Session

                                                HB 3480 – 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 71, A

004

Chair Backlund

Calls meeting to order at 1:08 PM. Welcomes the audience. Opens work session on HB 2817.

HB 2817 – WORK SESSION

009

Jim Keller

Committee Administrator. Reads Staff Measure Summary (SMS) on HB 2817.

028

Gary Andine

Executive Director, Oregon Independent Colleges Association. Explains the -8 amendments (EXHIBIT A).

050

Lisa Zavala

Oregon University System (OUS). States OUS has seen the -8 amendments and noticed the -3 amendments were not incorporated into them (EXHIBIT B). Requests the committee consider the -3 amendments. Voices concern with -8 amendments regarding costs and staffing of a task force. States OUS would find it nearly impossible to fund the task force. Encourages the bill be sent to Ways and Means. Addresses an issue with the testimony of President of Willamette University last time the bill was heard.

101

Andrea Henderson

Oregon Community College Association (OCCA). Appreciates the inclusion of the -5 amendments on the -8 amendments, but would like to also see the -3 amendments (EXHIBIT C). States OCCA does not support the -8 amendments.

107

Gary Andine

Appreciates the concerns shared and addresses them. Comments on the -3 amendments regarding the task force. States his vision for the task force and believes it is in the best interest of Oregonians.

140

Rep. Dalto

Voices concern with a previous statement.

145

Chair Backlund

Recesses work session on HB 2817. Opens work session on SB 287.

SB 287 – WORK SESSION

155

Sen. Ryan Deckert

District 14. Refers the committee to the -3 amendment to SB 287 (EXHIBIT D). Requests the bill be moved to the House Floor.

175

Rep. Avakian

Thanks the Senator for the bill.

180

Rep. Hopson

MOTION:  Moves to ADOPT SB 287-3 amendments dated 4/17/03.

183

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

185

Rep. Hopson

MOTION:  Moves SB 287 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

190

 

VOTE:  6-0-1

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

EXCUSED:  1 - Nolan

 

Chair Backlund

The motion CARRIES.

REP. FARR will lead discussion on the floor.

207

Sen. Deckert

Notes the Highland Park Middle School students in the audience.

212

Chair Backlund

Comments.

214

Rep. Avakian

Comments.

216

Chair Backlund

Closes work session on SB 287. Reopens work session on HB 2817.

HB 2817 – WORK SESSION

225

Rep. Farr

Requests a recess.

228

Chair Backlund

States the committee is aware of the concerns on the measure. Views the issue as something that needs further discussion. Intends to move the bill

241

Rep. Farr

Believes the -8 should be included and that there should be discussion in the sent.

248

Rep. Farr

MOTION:  Moves to ADOPT HB 2817-8 amendments dated 4/17/03.

250

Rep. Dalto

Echoes Rep. Farr’s views.

260

Rep. Avakian

Lists the concerns he has with the bill. States he cannot support the amendment or bill in present form.

279

Chair Backlund

Understands his funding concerns. Notes that if the bill is sent to Ways and Means, it will die there. Supports the -8 amendments.

301

Rep. Avakian

Appreciates his comments. Submits that the committee be accountable to the taxpayers. Voices concern for the bill.

323

Rep. Hopson

Wishes to discuss the bill.

330

 

VOTE:  4-2-1

AYE:               4 - Dalto, Farr, Scott, Backlund

NAY:               2 - Avakian, Hopson

EXCUSED:     1 - Nolan

 

Chair Backlund

The motion CARRIES.

340

Rep. Farr

MOTION:  Moves HB 2817 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

350

Rep. Hopson

Believes the bill creates another level of bureaucracy. Voices concern about the source of the funds needed by the bill. Thinks the task force is adequately supported already. States she will be a ‘no’ vote.

379

Chair Backlund

Explains his philosophy for the bill. States he supports the bill.

TAPE 72, A

006

 

VOTE:  4-2-1

AYE:               4 - Dalto, Farr, Scott, Backlund

NAY:               2 - Avakian, Hopson

EXCUSED:     1 - Nolan

 

Chair Backlund

The motion CARRIES.

CHAIR BACKLUND will lead discussion on the floor.

007

Chair Backlund

Comments. Closes work session on HB 2817. Opens work session on HB 2894.

HB 2894 – WORK SESSION

011

Jim Keller

Reads SMS on HB 2894. Notes -1 amendments (EXHIBIT E).

 

Rep. Phil Barnhart

House District 11. Submits written testimony in favor of HB 2894 (EXHIBIT F).

015

Chair Backlund

Comments on the bill.

022

Steve Novick

Assistant to Superintendent of Public Instruction Susan Castillo, Oregon Department of Education (ODE). Explains the reasoning behind the -1 amendments. Voices concerns with the measure for Superintendent Castillo.

044

Chair Backlund

Thinks Mr. Novick has raised a good point. Notes they are under a deadline and all bills must be considered by today.

060

Rep. Farr

MOTION:  Moves to ADOPT HB 2894-1 amendments dated 3/19/03.

063

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

066

Rep. Farr

MOTION:  Moves HB 2894 to the floor with a DO PASS AS AMENDED recommendation.

068

Rep. Hopson

Voices concerns for the bill, hopes they are cleared up on the Senate floor, will be a yes vote despite them. Feels the ODE issues need to be addressed.

085

 

VOTE:  6-0-1

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

EXCUSED:  1 - Nolan

 

Chair Backlund

The motion CARRIES.

REP. BARNHART will lead discussion on the floor.

089

Chair Backlund

Closes work session on HB 2894. Opens work session on HB 3044. Reminds the committee of HB 3044. Addresses the concerns raised by the -6 amendments (EXHIBIT G).

HB 3044 – WORK SESSION

131

Rep. Scott

MOTION:  Moves to ADOPT HB 3044-6 amendments dated 4/17/03.

134

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

136

Rep. Scott

MOTION:  Moves HB 3044 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

147

Rep. Hopson

States she will vote ‘no’. Notes her problem with use of the word ‘shall’ in the bill. Believes it is another unfunded mandate for schools and that it will take time from the duties of administration and teachers. Does not agree with the bill. Believes it has meaningless consequences.

180

Chair Backlund

Comments that the bill was brought to committee by a principal and on issues of returning books and supplies. Thinks the bill will assist in teaching responsibility.

205

 

VOTE:  3-2-2

AYE:               3 - Farr, Scott, Backlund

NAY:               2 - Avakian, Hopson

EXCUSED:     2 - Dalto, Nolan

 

Chair Backlund

The motion CARRIES.

209

Chair Backlund

Explains the Committee on Ways and Means to the audience. Closes work session on HB 3044. Opens work session on HB 3171.

HB 3171 – WORK SESSION

227

Jim Keller.

Reads SMS on HB 3171. Notes -2 amendments (EXHIBIT H).

232

Rep. Rob Patridge

House District 6. Testifies in favor of HB 3171. Explains the -2 amendments. Speaks on school district consolidation. Notes the cost savings.

264

Chair Backlund

Speaks on a related measure.

267

Rep. Patridge

Comment on the relating to clause of his bill.

277

Rep. Hopson

Speaks on the bill’s relationship with school funding.

285

Chair Backlund

Remarks.

289

Rep. Hopson

MOTION:  Moves to ADOPT HB 3171-2 amendments dated 4/10/03.

293

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

297

Rep. Hopson

MOTION:  Moves HB 3171 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.

310

 

VOTE:  6-0-1

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

EXCUSED:  1 - Nolan

 

Chair Backlund

The motion CARRIES.

REP. PATRIDGE will lead discussion on the floor.

328

Chair Backlund

Closes work session on HB 3171. Opens work session on HB 3557.

HB 3557 – WORK SESSION

330

Jim Keller

Reads SMS on HB 3557.

334

Jim Green

Oregon School Boards Association (OSBA). Reminds committee of the bill’s previous hearing.

345

John Osburn

Counsel, Mersereau and Shannon. Explains the charter school program. Notes the problem that has now occurred with the schools as nonprofit organizations. Believes the requirement is now unnecessary.

395

Chair Backlund

Poses question regarding the Paisley School District.

400

Green

Responds on the Paisley School District involvement in the matter and explains how the bill will benefit them.

422

Chair Backlund

Informs the committee of his conversation with the Superintendent of Paisley School District.

TAPE 71, B

003

Green

Clarifies they could still become a charter school without the bill, but with additional requirements and time.

004

Rep. Dalto

MOTION:  Moves HB 3557 to the floor with a DO PASS recommendation.

010

Rep. Avakian

Speaks on the language of the bill and its allowances. Thinks the bill would enable districts to charter themselves. Believes there is an alternative solution to the Paisley School District problem. Does not believe the bill is a sound policy choice.

030

Chair Backlund

Responds to Rep. Avakian’s concerns.

036

Rep. Avakian

Comments further on the charter school regulations and charter school law.

050

Green

Addresses Rep. Avakian’s concerns. Explains the requirements for a charter school that would be retained. Notes a small school district could not convert to a charter school district. Speaks on the Paisley School District.  

084

Rep. Hopson

Informs she will be voting for the bill. Adds she has spoken with the Paisley School District.

101

Rep. Avakian

Notes the 80/20 rules have a sunset, and the measure has no ‘safety valve’. Does not interpret it as a single issue of Paisley, believes the issue is more large scale. States he will be a ‘no’ vote.

120

 

VOTE:  4-2-1

AYE:               4 - Dalto, Farr, Hopson, Backlund

NAY:               2 - Avakian, Scott

EXCUSED:     1 - Nolan

 

Chair Backlund

The motion CARRIES.

REP. HOPSON will lead discussion on the floor.

127

Chair Backlund

Closes work session on HB 3557. Reopens work session on HB 2894.  

HB 2894 – WORK SESSION

130

Chair Backlund

Informs the committee that Rep. Phil Barnhart will carry HB 2894. Closes work session on HB 2894. Opens work session on HB 3564.

HB 3564 – WORK SESSION

135

Jim Keller

Reads SMS on HB 3564. Notes -2 amendments (EXHIBIT I).

139

John Dallum

Oregon Students Association (OSA). Testifies in favor of HB 3564 (EXHIBIT J).

149

Rachel Pilliod

Chair, OSA. Testifies in favor of HB 3564 (EXHIBIT K).

 

Julie Sehanek

OCCA. Submits written testimony on HB 3564 (EXHIBIT L).

190

Chair Backlund

Ensures the parties agree with the -2 amendments.

192

Dallum

Affirms.

194

Rep. Dalto

Requests if the parties have the -1 amendments.

196

Dallum

Negates.

207

Chair Backlund

Closes work session on HB 3564. Opens work session on SB 238.

SB 238 – WORK SESSION

210

Jim Scheppke

Director, Oregon State Librarian. Testifies in favor of SB 238 (EXHIBIT M). Notes SB 238 has no fiscal impact.  

232

Chair Backlund

Asks how school libraries are fairing.

235

Scheppke

Responds school libraries are not doing well at all.

243

Kelly Kuntz

President, Oregon Educational Media Association (OEMA). Testifies in favor of SB 238 (EXHIBIT N).

290

Chair Backlund

Asks if there is any opposition to the bill.

297

Kuntz

Negates.

300

Rep. Hopson

Asks if there was an attempt to show socioeconomic status with regard to school libraries.

304

Kuntz

Affirms.

335

Rep. Hopson

MOTION:  Moves SB 238 to the floor with a DO PASS recommendation.

340

 

VOTE:  5-0-2

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

EXCUSED:  2 - Dalto, Nolan

 

Chair Backlund

The motion CARRIES.

REP. AVAKIAN will lead discussion on the floor.

345

Chair Backlund

Closes work session on SB 238.

SB 238 – WORK SESSION CLOSES

348

Chair Backlund

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3480.

351

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

353

Chair Backlund

MOTION:  Moves to RECONSIDER the vote by which “MOTION:  Moves HB 3480 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED".

357

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

371

Jim Keller

Reads SMS on HB 3480. Notes the -3 and -4 amendments (EXHIBITS O & P). Informs committee of the packet created by Legislative Counsel (LC) (EXHIBIT Q). Explains there is no current fiscal presently, but the last fiscal received is available. Explains the -4 amendments.

392

Chair Backlund

Opens work session on HB 3480.

HB 3480 – WORK SESSION

399

Rep. Dalto

Poses question for ODE on the -3 amendments. Explains the bill uses funds under No Child Left Behind Act (NCLB) to create Full Time Equivalent (FTE).

TAPE 72, B

005

Bob Siewert

ODE.

008

Rep. Dalto

Informs Mr. Siewert of the information brought to attention by Legislative Fiscal (LFO).

010

Siewert

Recalls the information.

014

Rep. Dalto

Confirms.

016

Rep. Dalto

Clarifies there are opportunities for monies to be directed anywhere within ODE.

018

Siewert

Concurs. Adds it is within the constructs of federal programs under the No Child Left Behind Act (NCLB).

023

Rep. Dalto

Clarifies monies will be redistributed from other programs.

027

Siewert

Concurs as funds are fully utilized within the department.

033

Rep. Farr

Asks if there are vacancies at ODE.

037

Siewert

Responds regarding FTE.  

041

Rep. Farr

Inquires if the vacancies are funded.

 

Siewert

Explains which vacancies are and are not funded.

044

Rep. Farr

Clarifies the number of vacancies.

047

Rep. Dalto

MOTION:  Moves to ADOPT HB 3480-3 amendments dated 4/18/03.

050

 

VOTE:  5-1-1

AYE:               5 - Avakian, Dalto, Farr, Scott, Backlund

NAY:               1 - Hopson

EXCUSED:     1 - Nolan

 

Chair Backlund

The motion CARRIES.

054

Rep. Dalto

MOTION:  Moves HB 3480 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

055

Rep. Hopson

Objects and states she will vote ‘no’ on the bill. Refers the committee to the fiscal statements. Speaks on staff levels. Explains she is opposed the concept, as she believes TAG is already implemented.

083

Rep. Avakian

Tag services are struggling in Beaverton school district, knows personally kids who are struggling

089

Rep. Dalto

Thinks the -4 amendments are inadequate.

095

 

VOTE:  5-1-1

AYE:               5 - Avakian, Dalto, Farr, Scott, Backlund

NAY:               1 - Hopson

EXCUSED:     1 - Nolan

 

Chair Backlund

The motion CARRIES.

101

Chair Backlund

Closes work session on HB 3480. Reopens work session on HB 3564.

HB 3564 – WORK SESSION

109

Rep. Dalto

MOTION:  Moves to ADOPT HB 3564-1 amendments dated 3/24/03.

112

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

116

Rep. Dalto

MOTION:  Moves to ADOPT HB 3564-2 amendments dated 4/18/03.

119

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

122

Rep. Dalto

MOTION:  Moves HB 3564 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference.

125

 

VOTE:  5-0-2

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

EXCUSED:  2 - Hopson, Nolan

 

Chair Backlund

The motion CARRIES.

128

Chair Backlund

Discusses future bills to be heard.

131

Rep. Backlund

MOTION:  Requests unanimous consent that the rules be SUSPENDED to allow REP. HOPSON to BE RECORDED as voting AYE on the "MOTION:  Moves HB 3564 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means by prior reference".

134

 

VOTE:  6-0-1

EXCUSED:  1 - Nolan

 

Chair Backlund

Hearing no objection, declares the motion CARRIED.

137

Chair Backlund

Closes work session on HB 3564. Adjourns meeting at 2:59 PM.

 

 

EXHIBIT SUMMARY

 

A – HB 2817-8, Staff, 3 pp

B – HB 2817-3, Staff, 1 p

C – HB 2817-5, Staff, 1 p

D – SB 287-3, Staff, 3 pp

E – HB 2894-1, Staff, 4 pp

F – HB 2894, Rep. Phil Barnhart, 1 p

G – HB 3044-6, Staff, 4 pp

H – HB 3171-2, Staff, 2 pp

I – HB 3564-2, Staff, 1 p

J – HB 3564, John Dallum, 1 p

K – HB 3564, Rachel Pilliod, 1 p

L – HB 3564, OCCA, 1 p

M – SB 238, Jim Scheppke, 1 p

N – SB 238, Kelly Kuntz, 1 p

O – HB 3480-3, Staff, 1 pp

P – HB 3480-4, Staff, 3 pp

Q – HB 3480, Staff, 3 pp