HOUSE COMMITTEE ON EDUCATION

 

 

April 30, 2003 Hearing Room E

1:00 PM Tapes  78 - 79

 

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 3044 – Work Session

                                                SB 11A – Public Hearing

                                                SB 761 – 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 78, A

004

Chair Backlund

Calls meeting to order at 1:20 PM. Welcomes colleagues and audience. Opens work session on HB 3044.

HB 3044 – WORK SESSION

006

Chair Backlund

MOTION:  Moves to SUSPEND the rules for the purpose of RECONSIDERING the vote on HB 3044.

012

 

VOTE:  5-1-1

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

NAY:               1 - Hopson

EXCUSED:     1 - Farr

 

Chair Backlund

The motion CARRIES.

020

Rep. Dalto

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

024

Rep. Hopson

States she will vote against the bill as it is unnecessary and an unfunded mandate to school districts.

035

Rep. Dalto

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

040

 

VOTE:  4-2

AYE:               4 - Dalto, Nolan, Scott, Backlund

NAY:               2 - Avakian, Hopson

EXCUSED:     1 - Farr

 

Chair Backlund

The motion CARRIES.

052

Chair Backlund

Closes work session on HB 3044. Opens public hearing on SB 11A.

SB 11A – PUBLIC HEARING

065

Amy Sagg

Private citizen. Testifies against SB 11A. Lists reasons for opposition.

110

Ernie Blatz

Private citizen. Testifies in opposition to SB 11A. Speaks on the merits of county involvement in the issue.

 

Jean Underhill

Oregon Farm Bureau. Submits written testimony on SB 11A (EXHIBIT B).

184

Senator Ted Ferrioli

Senate District 30. Testifies in favor of SB 11A. Provides background on the issue of consolidation of school districts. Explains the bill. Believes there should be one mechanism for consolidation of school districts.

251

Rep. Dalto

Requests an indication of why some citizens in The Dalles may oppose the issue.

257

Sen. Ferrioli

Believes some citizens believe the issue is populist.

275

Rep. Hopson

Inquires about the sequencing of merger of school districts.

278

Sen. Ferrioli

Responds about the support needed for a merger to occur.

285

Rep. Hopson

Asks if fiscal concerns require consent for the merger.

294

Sen. Ferrioli

Believes consolidation is an efficient method. Notes he does not support any amendments to the bill.

309

John Marshall

Oregon School Boards Association (OSBA). Testifies in favor of SB 11A. Believes current statute is archaic and explains current county units. Speaks on the citizen involvement in county consolidation. 

TAPE 79, A

005

Marshall

Continues. Believes there are ample opportunities for school districts to change.

017

Rep. Hopson

Requests how many mergers have occurred where both parties agreed.

021

Marshall

Responds he is not aware of an school districts who requested a merger except for one.

027

Jack Henderson

Superintendent, Dufur School District. Testifies in favor of SB 11A (EXHIBIT C). Speaks on the situation in Dufur School District in relation to the issue.

080

Rep. Nolan

Clarifies the number of students in his district.

082

Henderson

Lists the 270 students overall

084

Rep. Nolan

Requests if the school district should already have been consolidated.

086

Henderson

Negates and speaks of past mergers.

103

Rep. Nolan

Requests he approximate per student budget.

106

Henderson

Responds the budget is 2.2 million per year

110

Rep. Nolan

Considers per student budget around 9-10k. Asks if the district receives a small school subsidy.

115

Henderson

Affirms.

118

Rep. Nolan

Reconciles small school operation costs appearing normal with larger per student budget due to subsidy.

124

Henderson

Responds.

126

Rep. Nolan

Explains her premise that it is at a higher cost to run small schools.

130

Henderson

Concurs.

132

Rep. Nolan

Comments.

135

Marshall

Explains the issue is not of small and large school districts. Notes the issue is the mechanism local citizens are allowed for decisions such as this.

151

Rep. Dalto

Requests the superintendent continue his testimony.

154

Henderson

Speaks on a related bill.

166

Michelle Hammel

Citizen of Dufur, Wasco County. Testifies in favor of SB 11A (EXHIBIT D). Speaks on the concept of the current statute with regard to majority vote. Believes the bill will assist school

214

Chair Backlund

Speaks on the bill. Notes action will not be taken today and the bill will return Friday, May 2, 2003. Closes public hearing on SB 11A. Opens public hearing on SB 761.

SB 761 – PUBLIC HEARING

230

Senator Bruce Starr

Senate District 15.  Testifies in favor of SB 761 (EXHBIT E). Notes the -4, -5, -7, -8 amendments (EXHIBITS F-I). Explains the -4, -7, and -8 amendments. Discusses issues raised in the Senate that have been noted by the amendments. Requests the -4, -7, -8 amendments be adopted as they are his own.

337

Rep. Farr

Addresses issues discussed in the -8 amendments.

342

Sen. Starr

Responds.

347

Rep. Dalto

Requests he differentiate excused and unexcused absences.

356

Sen. Starr

Requests he ask the witnesses to follow.

363

Rep. Dalto

Explains that thirty days listed by the -8 amendments is a small indication of truancy.

379

Sen. Starr

Responds with the intent of the law with normal attendance being a prerequisite.

394

Rep. Dalto

Appreciates his efforts.

405

Rep. Farr

Speaks on the requirements outlined by the amendments being supported be citizens he has spoken with.

420

Sen. Starr

Responds he is pleased with the outcome.

425

Rep. Hopson

Requests if the amendments are more restrictive than the original bill.

438

Sen. Starr

Differentiates notification and testing requirements to illustrate changes with the amendments. 

463

Rep. Nolan

Asks if any attempt has been made to estimate the cost of education service districts (ESD) to obtain information required by the -8 amendments.

TAPE 78, B

015

Sen. Starr

Responds that he has not, but believes the cost will be minimal as the information already is required.

027

Steve Novick

Assistant to Superintendent Susan Castillo, Oregon Department of Education (ODE). Provides that Superintendent Castillo is still opposed to the bill and all amendments. Explains various situations of concern. Notes Superintendent Castillo appreciates Sen. Starr’s work on the measure.

049

Randy Harnisch

ODE. Explains the -5 amendments brought forward regarding time restraints. Speaks on discussions with education officials. Notes concern exists for registration and testing requirements.

071

Rep. Hopson

Clarifies whether a home school child receives services from an ESD, who bears the cost.

084

Harnisch

Does not believe that is clear in the -7 amendments or the bill.

090

Rep. Hopson

Speaks on the intent of testing requirements and registration requirements set out by the -8 amendments.

098

Harnisch

Offers his interpretation of the -8 amendments.

105

Chair Backlund

Discusses ESD involvement in other aspects of student life. Questions community college involvement.

120

Harnisch

Does not believe community colleges are addressed

129

Chair

Believes it is something that should be addressed if it is not.

137

Kevin Starrett

Home School Parent. Testifies in favor of SB 761. Does not subscribe to the contention that the existing law does anything to stop unlawful parents.

176

Rep. Dalto

Asks if he believes families are abusing the home school law

180

Starrett

Responds he is confident that those who abuse the law are most likely participating in other illegal activities.

190

Rep. Dalto

Restates his questions and asks if he disagrees with previous testimony that home school law is being taken advantage of.

196

Starrett

States he has no personal knowledge of parents taking advantage of home school law.

202

Chair Backlund

Asks if he is supportive of the amendments.

205

Starrett

Discusses various aspects of proposed amendments.

217

Marilee Warkentin

Home School Parent. Testifies in opposition to SB 761 (EXHIBIT J) as it may reduce the education some students currently receive.

258

Rep. Hopson

Requests her involvement in home school testing for ESDs.

261

Warkentin

Lists the requirements of test facilitators in Oregon.

274

Rep. Hopson

Asks if she is hired by the ESD.

278

Warkentin

Negates and explains she is hired by home school parents.

283

Dorothy Karman

Oregon Christian Home Education Network (OCHEN). Testifies in favor of SB 761.

295

Chair Backlund

Recommends an interpretation of the amendments.

300

Karman

Discusses the -8 amendments regarding habitually truant students. Responds to Rep. Farr’s earlier question on notification requirements for home school students. Speaks on work with ESD’s on the measure. Concurs with Mr. Perry’s concerns with the amendments. Addresses the committee’s previous questions on the measure.

TAPE 79, B

005

Karman

Speaks on General Equivalency Diploma (GED) application and attainment. Does not know of a law proposed or current regarding community college attendance. Comments on her own work for home education

057

Rep. Hopson

Understands the amendments would allow for children who never entered the system, would never be registered.

064

Karman

Affirms.

066

Rep. Hopson

Asks about the determination of arbiters.

069

Karman

Responds that ESDs should determine arbiters.

072

Rep. Hopson

Asks how new students are identified especially in cases of special needs.

075

Karman

Notes a federal provision ‘Child Find’ to allow for all student to be tested for special needs.

096

Rep. Hopson

Speaks on the -8 amendments and asks about unexcused absences and truancy matters.

105

Karman

Responds that Mr. Perry and the ESDs created that.

111

Rep. Nolan

Clarifies that students who are home schooled are often home schooled all their lives and would never be subject to the -8 amendments.

120

Karman

Affirms and explains that private school students are not subject in that way.

132

Rep. Nolan

Thinks the difference is that society desires to educate all children through public, private, home schools and that through testing, this acknowledgement occurs.

146

Karman

Believes this is a philosophical issue of discussion. Cites Wisconsin v. Yoder. Speaks on private education matters and believes equality should be available to

190

Rep. Nolan

Explains she was clarifying her position on the bill.

198

Chair Backlund

Notes HJR 56 will not be heard.

200

Brian Ray

Testifies in favor of SB 761 (EXHIBIT K you don’t have).

265

Amy Grant

OCHEN. Addresses member questions of absences.

280

Chair Backlund

Explains absences being excused and unexcused.

286

Grant

Asks if parents could take a child on vacation and have it be excused.

290

Chair Backlund

Believes so.

293

Grant

Explains the ESD proposals existent in the -8 amendments.

306

Chair Backlund

Requests that if testing is removed, how the state can be sure children are achieving.

310

Grant

Believes there are several ways to measure accomplishments and adds her philosophical disagreement with state involvement. 

335

Rep. Dalto

Remarks.

340

Grant

Speaks on the language in the -4 and -5 amendments being acceptable to the OCHEN.

350

Rep. Farr

Requests how the testing is funded.

355

Grant

Answers that parents pay in most circumstances.

371

Rep. Farr

Requests if home school parents pay property taxes.

373

Grant

Affirms.

374

Rep. Farr

Asks if there is a cap placed on property tax for parents of home school students.

375

Grant

Negates. Addresses questions on arbiters.

390

Rep. Hopson

Explains her concerns with the work being left to administrators in that area.

400

Grant

Notes her preference is that arbitration does not fall to administration. Explains it is a compromise. Continues to address previous questions.  

444

Chair Backlund

Informs there will be no work session on SB 761. Adjourns at 3:12 PM.

 

EXHIBIT SUMMARY

 

A – HB 3044-6, Staff, 4 pp

B – SB 11A, Jean Underhill, 1 p

C – SB 11A, Jack Henderson, 1 p

D – SB 11A, Michelle Hammel, 1 p

E – SB 761, Sen. Bruce Starr, 3 pp

F – SB 761-4, Staff, 1 p

G – SB 761-5, Staff, 1 p

H – SB 761-7, Staff, 1 p

I – SB 761-8, Staff, 2 pp

J – SB 761, Marilee Warkentin, 1 p

K – SB 761, Brian Ray, 9 pp