SENATE COMMITTEE ON EDUCATION

 

 

April 10, 2003                                                                                                         Hearing Room C

3:00 PM                                                                                                                        Tapes 59 - 61

 

MEMBERS PRESENT:         Sen.  Charles Starr, Chair

Sen.  Ryan Deckert, Vice-Chair

Sen. Ted Ferrioli

Sen. Bill Morrisette

 

STAFF PRESENT:                 Jan McComb, Committee Administrator

Heather Gravelle, Committee Assistant

 

MEASURES HEARD:                       SB 350 – Public Hearing

                                                SB 372 – Public Hearing

                                                SB 272 – Public Hearing

                                                SB 849 – Public Hearing

                                                SB 850 – Public Hearing

                                                SB 129 – 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 59, A

005

Chair C. Starr

Calls meeting to order at 3:15 p.m., and opens public hearing on

SB 350.

SB 350 – PUBLIC HEARING

010

Sen. Morrisette

Senate District 6. Offers testimony in support of SB 350. Explains the history and background of the issue. Enters into the record written testimony (EXHIBIT A) from Cynthia Sinclair.  

065

Cindy Hunt

Legislative Counsel.  Offers testimony regarding SB 350. Outlines those to whom the bill would apply.

085

Sen. Morrisette

Asks for an outline of the proposed fines.

090

Hunt

Clarifies the fines as stated in the bill.

100

Chair Starr

Closes public hearing on SB 350, and opens public hearing on SB 372.

SB 372 – PUBLIC HEARING

115

Chair Starr

Recalls previous discussions regarding the bill.

115

John Marshall

Oregon School Boards Association (OSBA). Offers testimony regarding SB 372. Summarizes the dispute between the Ione and Morrow County School districts.

170

John Witty

Attorney, Morrow County School Board. Offers testimony regarding SB 372.

195

Chair Starr

Comments on progress being made on the issue.

200

Gary Frederickson

Vice-Chair, Morrow County School Board. Points out interest in moving the issue forward.

225

Sen. Ferrioli

Inquires whether the next meeting on the issue can be scheduled for a definite date, referencing the time constraints facing the committee.

240

Frederickson

Acknowledges.

245

Chair Starr

Announces his intention to pass the bill out of committee, in its final form, one week from today. Closes public hearing on SB 372 and opens public hearing on SB 272.

SB 272 – PUBLIC HEARING

270

John Marshall

Oregon School Board Association (OSBA). Offers testimony in support of the -1 amendments (EXHIBIT B) to SB 272.

345

Frank Brawner

Fair Dismissal Appeals Board (FDAB). Offers written testimony (EXHIBIT C) in support of the -1 amendments to SB 272. Comments on the make-up and function of the FDAB. States his history and involvement in the FDAB.

TAPE 60, A

005

Brawner

Continues with testimony in support of the -1 amendments to SB 272.

035

Steve Krohn

Assistant Attorney General, Department of Justice (DOJ). Offers testimony in support of the -1 amendments to SB 272. Provides an example of the problem being faced by the FDAB.

065

Brawner

Comments on a meeting he had with the director of Oregon Youth Authority regarding the issue. Urges the committee to address the FDAB’s concerns by adopting the -1 amendments to SB 272.

085

Sen. Morrisette

Asks what information might be found in a students file.

090

Krohn

Comments on what information might be relevant from the student’s file.  

105

Brawner

Provides a hypothetical situation in which information in a students file could be utilized.

125

Sen. Morrisette

Offers another hypothetical situation, questioning how the students file would be used in the example.

135

Krohn

Addresses the proposed hypothetical situation, outlining the process conducted by the FDAB.

145

Sen. Morrisette

Further clarifies the limit of what information could be obtained from the students file.

150

Brawner

Acknowledges the clarification, and further comments on the issue.

155

Sen. Morrisette

Points out his experience as a teacher, and subsequently his interest in protecting teachers from false accusations.

160

Brawner

Recalls having subpoenaed students who have given false information.

170

Sen. Ferrioli

Points out the bill would keep any records from being copied, observing that this would create some procedural problems.

195

Brawner

Acknowledges.

200

Sen. Ferrioli

Questions whether the bill properly limits those documents which may be viewed.

220

Brawner

Submits that the FDAB would only want those specific documents relative to the case being heard.

225

Sen. Ferrioli

Reiterates the apparent breadth of  documents allowed to be reviewed, as the bill is currently written. Points out the bill does not ensure that copies of any records would be secured after the hearing.

235

Brawner

Comments on the security of the documents, and further expresses the need for portions of the student file.

245

Sen. Ferrioli

Clarifies specific wording in Mr. Brawner’s testimony which states that the hearings are private unless public disclosure is allowed by each involved party. Asks whether there is any provision for keeping the student records sealed while keeping the hearing public.

265

Krohn

States the need to further research the answer to the question.

270

Sen. Ferrioli

Comments on the difficulties surrounding the issue, and the need for resolution. Asks whether there is a penalty for violation of a nondisclosure agreement.

295

Krohn

Recalls that no such penalty exists in the current bill, but indicates there may be relevant provisions currently in statute.

300

Brawner

Points out the secrecy oaths taken by the FDAB panel members. Further comments on the issues regarding public meetings and the possible effect of discouraging cases from coming forward.

305

Sen. Ferrioli

Acknowledges, providing similar cases in which defendants push for public disclosure in order to affect witness testimony.

325

Brawner

Expresses hope that the issues could be addressed through amendments, and that the issue can go further in the legislative process.

345

Karen Brazeau

Director, Oregon Youth Authority (OYA). Offers written testimony (EXHIBIT D) in opposition of the -1 amendments to SB 272.

TAPE 59, B

005

Brazeau

Continues with testimony in opposition of the -1 amendments to SB 272. Questions Mr. Krohn’s assertion that he is representing the DOJ’s stance on the issue.

045

Sen. Morrisette

Questions whether the issue can be adequately addressed in a short timeframe. 

050

Brazeau

Comments on the possibilities of coming to an agreement on the issue.

070

Sen. Morrisette

Clarifies that there is currently an appeals process.

075

Brazeau

Acknowledges.

080

Chair Starr

Comments on his perceptions regarding the progress of the bill.

090

Nancy Miller

Director of Court Programs and Services Division, State Court Administrators Office (SCAO). Offers testimony in opposition of SB 272 -1 amendments, explaining what records would be viewable under the bill as written.

105

Susan Russell

Oregon Criminal Defense Lawyers Association (OCDLA). Testifies in opposition to SB 272 and the -1 amendments.

140

Dr. Orin Bolstead

Psychologist. Offers testimony in opposition of the -1 amendments to SB 272.

175

Chair Starr

Closes public hearing on SB 272. Opens a subcommittee of the committee, and opens a public hearing on SB 849 & SB 850.

SB 849 & 850 – PUBLIC HEARING

195

Margaret DeLacy

Oregon Association for Talented and Gifted. Offers written testimony (EXHIBIT E) in support of SB 849 & SB 850 regarding Talented and Gifted (TAG) programs. Enters into the record; Concerning Talented and Gifted Students in Oregon (EXHIBIT F), and TAG Expenditures by District and the State of Oregon 1999-2003 (EXHIBIT G).

310

Bob Siewert

Oregon Department of Education (ODE). Offers testimony in opposition to SB 849.

400

Siewert

Offers testimony in support of SB 850.

420

Sen. Morrisette

Expresses his support for the TAG programs.

TAPE 60, B

005

Siewert

Further comments on the future of TAG programs.

010

DeLacy

Acknowledges and addresses Mr. Siewert comments.

025

Robin Pope

Beaverton, Oregon. Offers written testimony (EXHIBIT H) in support of SB 849 and SB 850.

060

Sen. Morrisette

Concurs with Ms. Pope’s assertion that TAG students’ needs are often not met in the public school system.

065

Pope

Points out that Oregon has a TAG mandate in statute, but recalls that it is an unfunded mandate.

070

Sen. Morrisette

Submits there may be a need to pursue the matter through litigation.

075

Pope

Expresses doubt that this would be the way to solve the issue of TAG funding.

080

Sen. Morrisette

Comments on the occurrence of TAG students being misdiagnosed for hyperactive disorders and subsequently medicated.

085

Pope

Explains that this was the case with her son.

090

Laura Pehkonen

Oregon Association for Talented and Gifted. Offers testimony in support of SB 849 and SB 850. Submits writing samples (EXHIBIT I) of a TAG student who did not receive the proper attention in school.

120

Greg Goodenough

Salem, Oregon. Testifies in support of SB 849 and SB 850. Offers written testimony (EXHIBIT J) from his mother; Betty Goodenough-Palmer, Gifted Education Coordinator for La Grande Public Schools.

150

Sen. Kate Brown

Senate District 21. Testifies in support of SB 849 and 850.

185

Chair C. Starr

Comments on a special situation in Ohio which addressed the difficulty with addressing the needs of TAG students.

215

Dr. Paula Wilkes

Coordinator, Center for Gifted Education, Pacific University. Offers written testimony in support of SB 849 and SB 850 (EXHIBIT K). 

295

Sen. Morrisette

Comments on the loss afforded by the state due to lack of help given to TAG students.

305

Dr. Wilkes

Acknowledges, and further comments on the criminalization and/or medication of unchallenged TAG students.

315

Sen. Ferrioli

Points out this bill’s relation to previous bills heard by the committee, which also spoke to the future of Oregon and its children. Points out the failure to link students needs with teachers abilities.

345

Sen. Morrisette

Disagrees with Sen. Ferrioli’s point. Observes that, when funded, TAG programs match students to teachers well.

350

Sen. Ferrioli

Points out that fifty percent of teachers leave within five years, and questions the ability of the state in motivating and keeping teachers.

365

Sen. Morrisette

Comments on the need to keep teachers motivated.

370

Dr. Marjorie DeBuse

Adjunct Assistant Professor in Teacher Education, University of Oregon (U of O). Offers written testimony in support of SB 849 and 850 (EXHIBIT L).

TAPE 61, A

005

Dr. DeBuse

Continues with testimony in support of SB 849 and SB 850.

050

Cheryl Hunter

Coordinator, University of Oregon Summer Enrichment Program for Highly Able Youth. Offers written testimony in support of SB 849 and 850 (EXHIBIT M).

105

Chair Starr

Closes public hearing on SB 849 and SB 850. Opens public hearing on SB 129.

SB 129 – PUBLIC HEARING

135

Diane Baldwin

Oregon Department of Education (ODE). Offers written testimony in support of SB 129 (EXHIBIT N).

195

Chair Starr

Clarifies that the bill does not have a fiscal impact. Closes the public hearing on SB 129, and adjourns the meeting at 5:30 p.m.

 

EXHIBIT SUMMARY

 

A – SB 350, written testimony, Cynthia Sinclair, 6 pp.

B – SB 272, -1 amendments, John Marshall, 6 pp.

C – SB 272, written testimony, Frank Brawner, 6 pp.

D – SB 272, written testimony, Karen Brazeau, 1 p.

E – SB 849 & SB 850, written testimony, Margaret DeLacy, 6 pp.

F – SB 849 & SB 850, Documents Concerning Talented and Gifted Students in Oregon, Margaret DeLacy, 29 pp.

G – SB 849 & SB 850, TAG Expenditures by District and the State of Oregon 1999-2003, Margaret DeLacy, 1 p.

H – SB 849 & SB 850, written testimony, Robin Pope, 1 p.

I – SB 849 & SB 850, TAG student writing samples, Laura Pehkonen, 11 pp.

J – SB 849 & SB 850, submitted written testimony from Betty Goodenough-Palmer, Greg Goodenough, 4 pp.

K – SB 849 & SB 850, written testimony, Paula Wilkes, 30 pp.

L – SB 849 & SB 850, written testimony, Marjorie DeBuse, 2 pp.

M – SB 849 & SB 850, written testimony, Cheryl Hunter, 1 p.

N – SB 129, written testimony, Diane Baldwin, 3 pp.