SENATE COMMITTEE ON EDUCATION

April 17, 2003 Hearing Room C

3:00 PM Tapes 63-64

MEMBERS PRESENT: Sen. Charles Starr, Chair

Sen. Ryan Deckert, Vice-Chair

Sen. Ted Ferrioli

Sen. Bill Morrisette

STAFF PRESENT: Jan McComb, Committee Administrator

Romy Dye, Committee Assistant

MEASURE/ISSUES HEARD: SB 372 – Work Session

SB 124 – Work Session

SB 510 – Work Session

SB 827 – Work Session

SB 456 – 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 63, A
005	Chair Starr	Calls the committee to order at 3:13 PM.
007	Jan McComb	Committee Administrator. Explains subsequent referrals to ways and means on the different bills.
016	Chair Starr	States desire is for bills to go directly to the floor and not ways and means and so going to ask the President to rescind referral to ways and means. Opens a work session on SB 372.
SB 372 – WORK SESSION
020	Chair Starr	Comments SB 372 has been up several times and a number of people working hard to reach an agreement which they have done with -9 amendments. Presents -9 amendments dated 4/10/03 (EXHIBIT B).
025	Sen. Ferriolli	MOTION: Moves to ADOPT SB 372-9 amendments dated 4/10/03.
028		VOTE: 4-0
	Chair Starr	Hearing no objection, declares the motion CARRIED.
035	Sen. Ferriolli	MOTION: Moves SB 373 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
040		VOTE: 4-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Starr	The motion CARRIES. CHAIR STARR will lead discussion on the floor.
047	Chair Starr	Closes the work session on SB 372 and opens a work session on SB 124.
SB 124 – WORK SESSION
051	McComb	Explains the -1 amendments to SB 124. Presents -1 amendments dated 4/16/03 (EXHIBIT C).
053	Sen. Ferriolli	MOTION: Moves to ADOPT SB 124-1 amendments dated 4/16/03.
058		VOTE: 4-0
	Chair Starr	Hearing no objection, declares the motion CARRIED.
064	Sen. Ferriolli	MOTION: Moves SB 124 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
070		VOTE: 4-0 AYE: In a roll call vote, all members present vote Aye.
	Chair Starr	The motion CARRIES. SEN. FERRIOLLI will lead discussion on the floor.
074	Chair Starr	Closes the work session on SB 124 and opens a work session on SB 510.
SB 510 – WORK SESSION
078	McComb	Explains -2 amendments to SB 510. Presents -2 amendments dated 4/17/03 (EXHIBIT D).
101	Sen. Morrisette	Clarifies if school district recommends retaining the child and the parent disagrees and the child moves forward then there is a form the parent will sign.
106	McComb	Clarifies if parent and school district disagree and student is promoted or retained against the school district’s recommendation, then the parent would sign a form developed by the school district stating it was against the school districts recommendation.
117	Sen. Deckert	Expresses concern with section 2 , line 1 which says each school district shall adopt the policy. Concerned with requiring a school district to adopt the policy.
131	Chair Starr	Feels there should be a policy because what schools do is promote students or hold them back.
139	John Marshall	Oregon School Board Association (OSBA). Responds sample policies are prepared for school districts and there are a number of policies adopted by school boards in their office. Believes all schools have a form of a policy dealing with the retention issue. Feels the amendments reflect policies of what most school districts already have.
160	Sen. Deckert	Expresses concern with putting policy in statute because does not consider being the one that should do that.
172	Marshall	Discusses policy service and always updating policy books.
188	Chair Starr	Asks whether Federal IDEA regulations have similar requirements.
191	Marshall	Asks whether it is regarding retention of a student.
193	Chair Starr	Responds yes.
196	Marshall	Responds does not know. States IDEA requires an IEP team to sit down with parents and professional educators and specialists to look at a students particular needs and help develop a plan for that student. Adds not aware of regulations regarding retention of special need students.
200	Sen. Ferrioli	MOTION: Moves to ADOPT SB 510-2 amendments dated 4/17/03.
213	Sen. Morrisette	States supportive of the bill. Expresses concern with non-parental involvement. Expresses interest that the parent has final say but feels requires them to be more involved if child is to be held back.
222		VOTE: 3-1 AYE: 3 – Ferriolli, Morrisette, C. Starr NAY: 1 – Deckert
	Chair Starr	The motion CARRIES.
235	Sen. Ferrioli	MOTION: Moves SB 510 to the floor with a DO PASS AS AMENDED recommendation.
239		VOTE: 3-1 AYE: 3 – Ferrioli, Morrisette, C. Starr NAY: 1 – Deckert
	Chair Starr	The motion CARRIES.
246	Chair Starr	Closes the work session on SB 510 and opens a work session on SB 827.
SB 827 – WORK SESSION
257	Vicki Walker	Oregon State Senator. Provides introduction to SB 827.
267	Lisa Zavala	Oregon University System (OUS). Discusses what campuses are doing in regards to providing money management and debt educational programs for students on campuses.
283	Pam Leavitt	Credit Union Association. Testifies in favor of SB 827. Discusses credit unions involvement in financial education. Submits written testimony (EXHIBIT A).
303	Sen. Ferriolli	Asks if courses are offered in remote locations.
307	Leavitt	Responds absolutely.
314	Chair Starr	Closes the work session on SB 827 and opens a work session on SB 456.
SB 456 – WORK SESSION
323	McComb	Explains SB 456 with -2 amendments. Presents -2 amendments dated 4/16/03 (EXHIBIT E).
356	Sen. Morrisette	Explains concern with first part of bill because feels as though school should not suggest that the child has a psychological problem but instead suggest a behavior problem and check it out.
382	Sen. Morrisette	MOTION: Moves to ADOPT SB 456-2 amendments dated 4/16/03.
390	Sen. Deckert	Expresses same concern as Senator Morrisette in the -2 amendments.
412	Sen. Morrisette	Asks what the concern is. States this bill prevents a child’s behavior from being diagnosed.
423	Sen. Deckert	Asks if there is a problem with teachers or administrators diagnosing.
426	Sen. Morrisette	Responds yes there is with significant testimony to that effect. States medication is not always the answer for behavior problems. Adds this is not an unfunded mandate.
TAPE 64, A
007	Sen. Deckert	Agrees.
010	Sen. Morrisette	Clarifies the purpose of the bill is not telling the school district they have to do something but telling them there are things they should not be doing like diagnosing because they are not medical people.
012		VOTE: 3-1 AYE: 3 - Ferriolli, Morrisette, C. Starr NAY: 1 – Deckert
	Chair Starr	The motion CARRIES.
016	Sen. Morrisette	MOTION: Moves SB 456 to the floor with a DO PASS AS AMENDED recommendation and the SUBSEQUENT REFERRAL to the committee on Ways and Means BE RESCINDED.
020		VOTE: 3-1 AYE: 3 - Ferriolli, Morrisette, C. Starr NAY: 1 – Deckert
	Chair Starr	The motion CARRIES. SEN. MORRISETTE will lead discussion on the floor.
032	Chair Starr	Closes the work session on SB 456. Adjourns the committee meeting at 3:45 PM.

EXHIBIT SUMMARY

The following exhibits are listed out of order in the body of the tape log:

A – SB 827, written testimony, Pam Leavitt, 2 pp

B – SB 372, -9 amendments dated 4/10/03, staff, 3 pp

C – SB 124, -1 amendments dated 4/16/03, staff, 1p

D – SB 510, -2 amendments dated 4/17/03, staff, 2 pp

E – SB 456, -2 amendments dated 4/16/03, staff, 1p