SENATE COMMITTEE ON EDUCATION AND WORKFORCE

 

 

April 06, 2005                                                                                                         Hearing Room D

3:00 P.M.                                                                                                                     Tapes  70 - 73

 

MEMBERS PRESENT:         Sen. Vicki Walker, Chair

Sen. Charles Starr, Vice-Chair

Sen. Ryan Deckert

Sen. Jeff Kruse

Sen. Bill Morrisette

 

STAFF PRESENT:                 Marjorie Taylor, Committee Administrator

Dawn Tuso, Committee Assistant

 

MEASURES/ISSUES HEARD:        

SB 416 – Public Hearing

SB 300 – Public Hearing and Work Session

SB 637 – Public Hearing and Work Session

SB 643 – Public Hearing and Work Session

SB 747 – Public Hearing and Work Session

SB 769 – Work Session

SB 748 – Work Session

SB 766 – Work Session

SB 342 – Public Hearing and Work Session

SB 684 – 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 70, A

005

Chair Walker

Calls meeting to order at 3:10 p.m. and opens a public hearing on SB 416.

SB 416 – PUBLIC HEARING

023

Marjorie Taylor

Committee Administrator. Gives overview of SB 416. Mentions the -1 amendments (EXHIBIT A) and the -2 amendments (EXHIBIT B). Mentions email correspondence submitted for the record without public testimony from Tex Winter (EXHIBIT C).

032

Sen. Rick Metsger

Represents Senate District 26. Testifies in support of SB 416.

106

Chair Walker

Appreciates that Sen. Metsger recognizes that the problem does not rest with Oregon State University (OSU) alone.

115

Sen. Metsger

Responds to comment.

122

Chair Walker

Agrees with comment. Reiterates that it was purely coincidental that SB 416 was scheduled on OSU day at the capitol. Asks Sen. Metsger if he would agree that it took the support of the fans and community members to help turn the Portland Trailblazers around. 

133

Sen. Metsger

Replies yes.

141

Chair Walker

Comments on proper conduct and acting as leaders.

153

Mike Riley

Oregon State University Football Coach. Introduces himself.

156

Bob De Carolis

Director of Athletics, Oregon State University. Testifies on SB 416. Submits informational packet including written testimony, disciplinary actions, and rules (EXHIBIT D).

221

Chair Walker

Asks if a student has to go through some sort of programming when they are charged with an offense under the code of conduct.

225

De Carolis

Responds yes.

227

Chair Walker

Asks if the athletics department has had a code of conduct in the past.

230

De Carolis

Explains.

243

Sen. Morrisette

Comments on the importance of how situations are handled. Feels that Mike Riley has handled the situations that have occurred very well.

256

Chair Walker

Expresses concern regarding the disciplinary actions. Feels that they are not strong enough. Reports that OSU is going to make some additional changes to the disciplinary actions. Explains changes that will be made.

269

Riley

Responds to Sen. Walker’s comments. Testifies on SB 416.

352

Chair Walker

Comments on Riley’s testimony.

392

Sen. Kruse

Responds to comments.

TAPE 71, A

004

Chair Walker

Expresses concern with specific offenses that occurred. Comments that, the first time a person makes a mistake but the second time, that person is making a choice. Says that she has zero tolerance when dealing with sexual offenses. Reports that she has asked OSU to better define the degrees of sexual offenses.

014

Riley

Agrees with the point made by Sen. Walker.

018

Sen. C. Starr

Comments on the importance of student athletics.

038

Chair Walker

Closes public hearing on SB 416 and opens a public hearing on SB 300.

SB 300 – PUBLIC HEARING

065

Marjorie Taylor

Committee Administrator. Gives overview of SB 300. Mentions the  -2 amendments (EXHIBIT E).

077

Sen. Avel Gordly

Represents Senate District 23. Testifies in support of SB 300. Submits written testimony (EXHIBIT F).

148

Rep. John Dallum

Represents House District 59. Testifies in support of SB 300.

161

Laurie Wimmer Whelan

Oregon Education Association. Testifies in support of SB 300.

180

Chair Walker

Thanks members of the workgroup for their efforts.

185

Harvey Mathews

Associated Oregon Industries. Testifies in support of SB 300. Talks about the -2 amendments.

289

Chair Walker

Comments that Sen. Gordly has worked on SB 300 for four sessions.

291

Sen. Gordly

Responds to comment. Says that she has worked on it for four years but that the concept has been around for approximately ten years.

301

Mathews

Concludes testimony on SB 300.

310

Sen. Gordly

Thanks Marjorie Taylor for all of her hard work.

325

Sen. C. Starr

Commends those who contributed to the work done on SB 300.

341

Sen. Gordly

Addresses Sen. C. Starr’s comment.

376

Margaret Delacy

Portland resident. Testifies on SB 300. Submits handout on student performance levels (EXHIBIT G). Expresses concern with some of the amendments to SB 300.

TAPE 70, B

001

Delacy

Continues testimony on SB 300.

054

Chair Walker

Comments on email received from Delacy. Reports that she is aware of Delacy’s concerns.

057

Delacy

Explains that Mr. Mathews sent her the amendments that were agreed to. Says that she was not able to review the exact language of the amendments until this afternoon.

061

Deborah Andrews

Portland resident. Testifies on SB 300. Expresses concerns with the -2 amendments.

090

Chair Walker

Says the committee is going to move SB 300 today.

100

Chair Walker

Closes public hearing and opens work session on SB 300.

SB 300 – WORK SESSION

101

Sen. C. Starr

MOTION:  Moves to ADOPT SB 300-2 amendments dated 4/5/05.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

103

Sen. C. Starr

MOTION:  Moves SB 300 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

109

Chair Walker

Closes work session and opens public hearing on SB 637. Reports that SB 719 will not be heard today.

SB 637 – PUBLIC HEARING

116

Marjorie Taylor

Committee Administrator. Gives overview of SB 637. Mentions the -3 amendments (EXHIBIT H).

125

Sen. Ryan Deckert

Represents Senate District 14. Testifies in support of SB 637. Submits written testimony (EXHIBIT I).

177

Yvette Weber-Davis

The Chancellor’s Office, Oregon University System. Testifies in support of SB 637.

218

Vickie Chamberlain

Director, Teacher Standards and Practices Commission. Testifies in support of SB 637.

253

Pat Burk

Chief Policy Officer, Department of Education. Testifies in support of SB 637.

322

Key Jackson

Oregon Students of Color Coalition. Testifies in support of SB 637. Submits written testimony (EXHIBIT J).

379

Margie Lowe

Executive Director, Oregon Student Assistance Commission. Testifies on SB 637.

400

Chair Walker

Closes public hearing and opens a work session on SB 637.

SB 637 – WORK SESSION

401

Sen. C. Starr

MOTION:  Moves to ADOPT SB 637-3 amendments dated 4/6/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Morrisette

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

408

Sen. C. Starr

MOTION:  Moves SB 637 to the floor with a DO PASS AS AMENDED recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

416

Chair Walker

Closes work session on SB 637 and opens public hearing on SB 643.

SB 643 – PUBLIC HEARING

422

Marjorie Taylor

Committee Administrator.  Gives overview of SB 643. Mentions the -3 amendments (EXHIBIT K).

TAPE 71, B

011

John Wykoff

Executive Director, Oregon Student Association. Testifies in support of SB 643.

027

Chair Walker

Asks Wykoff to repeat statement.

028

Wykoff

Repeats statement. Continues testimony on SB 643. Talks about the – 3 amendments.

070

Chair Walker

Asks question regarding testimony.

072

Wykoff

Replies yes.

075

Chair Walker

Asks Wykoff if he would like the committee to move SB 643 today or if he would prefer the committee to keep the bill until the issues have been worked out.

081

Wykoff

Replies that he will need a few minutes to consider the proposal.

088

George Pernsteiner

Chancellor, Oregon University System. Testifies on SB 643.

115

Chair Walker

Asks Wykoff if he would like the committee to move SB 643 today or if he would prefer the committee to keep the bill until the issues have been worked out.

117

Wykoff

Replies that the committee can move SB 643 today.

125

Amanda Barron

Portland State University. Testifies in support of SB 643. Submits written testimony (EXHIBIT L).

182

Chair Walker

Responds to testimony.

188

Dee Wendler

Director of Business Affairs, Portland State University. Testifies on SB 643. Submits written testimony (EXHIBIT M).

244

Edward Kill

Student, Portland State University. Testifies on SB 643.

276

Chair Walker

Asks Wendler to respond to the $20 opt out cost discussed by Mr. Kill.

277

Wendler

Discusses the $20 opt out cost option.

289

Chair Walker

Feels that the university should have paid the entire cost of the card.

301

Chair Walker

Asks if the students had the option to opt out prior to getting the card.

303

Wendler

Explains.

306

Chair Walker

Says that students who do not want the Higher One card should be able to get a different card at no cost.

311

Wendler

Agrees.

313

Wendler

Comments that she is unaware of any credit card products being issued through Higher One.

334

Chair Walker

Closes public hearing and opens work session on SB 643.

SB 643 – WORK SESSION

337

Chair Walker

Mentions informational sheet that was submitted for the record by Higher One (EXHIBIT N).

346

Sen. C. Starr

MOTION:  Moves to ADOPT SB 643-3 amendments dated 4/5/05.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Morrisette

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

351

Sen. C. Starr

MOTION:  Moves SB 643 to the floor with a DO PASS AS AMENDED recommendation.

355

Chair Walker

Says that there may be amendments to SB 643 in the House.

358

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Morrisette

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

SEN. DECKERT will lead discussion on the floor.

376

Chair Walker

Closes work session and opens public hearing on SB 747.

SB 747 – PUBLIC HEARING

379

Marjorie Taylor

Committee Administrator. Gives overview of SB 747. Mentions -1 amendments (EXHIBIT O).

390

Chair Walker

Talks about SB 747.

407

Kevin Grant

Director of State Affairs, Associated Students of Oregon State University. Testifies in support of SB 747. Submits written testimony (EXHIBIT P).

TAPE 72, A

001

Grant

Continues testimony on SB 747.

081

Chair Walker

Comments on testimony. Says that SB 747 cannot remain in its current form.

110

Sen. Ryan Deckert

Represents Senate District 14. Testifies in support of SB 747. Submits written testimony (EXHIBIT Q).

173

George Pernsteiner

Chancellor, Oregon University System. Testifies on SB 747.

214

Chair Walker

Closes public hearing and opens work session on SB 747.

SB 747 – WORK SESSION

215

Sen. C. Starr

Asks if the committee wishes to move SB 747 as is or if the committee would like to work on amendments.

221

Sen. Deckert

Says his preference would be to move SB 747 today. Wants to work on amendments in the House.

226

Sen. C. Starr

MOTION:  Moves to ADOPT SB 747-1 amendments dated 4/1/05.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

233

Sen. C. Starr

Asks if the committee wants to move SB 747 to Ways and Means.

234

Chair Walker

Asks Pernsteiner if there might be a fiscal impact on SB 747.

239

Persteiner

Explains.

243

Sen. C. Starr

MOTION:  Moves SB 747 to the floor with a DO PASS AS AMENDED recommendation and rescind the subsequent referral to the Committee on Ways and Means.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

SEN. DECKERT will lead discussion on the floor.

262

Chair Walker

Closes work session on SB 747 and opens work session on SB 769.

SB 769 – WORK SESSION

264

Marjorie Taylor

Committee Administrator. Gives overview of SB 769. Mentions revised fiscal impact statement from the Legislative Fiscal Office. Reports a fiscal impact. Points out that SB 769 does not currently have a subsequent referral to Ways and Means. Mentions memo submitted for the record by staff which includes answers to questions from the committee (EXHIBIT T)

288

Sen. Kruse

Wonders if SB 769 should be moved to Ways and Means.

292

Chair Walker

Reads fiscal impact statement. Reports preference to move SB 769 to the floor.

330

Sen. C. Starr

Says he is conflicted on the issue. Comments on SB 769. Explains reasons why he supports SB 769.

354

Sen. C. Starr

MOTION:  Moves SB 769 to the floor with a DO PASS recommendation.

358

Chair Walker

Asks Steve Bender to comment on the fiscal impact statement.

370

Steve Bender

Legislative Fiscal Office. Talks about the fiscal impact of SB 769.

397

Sen. Kruse

Comments on fiscal impact statement.

405

Sen. Deckert

Says he is comfortable sending SB 769 to Ways and Means.

408

Sen. C. Starr

Amends motion to send SB 769 to Ways and Means instead of moving SB 769 to the floor.

409

Sen. C. Starr

MOTION:  Moves SB 769 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

413

Chair Walker

Comments on motion made. Asks committee members what they would like to do with SB 769.

422

Sen. Deckert

Says he is comfortable moving SB 769 to Ways and Means or to the floor. 

TAPE 73, A

005

Sen. Kruse

Reports that he will be voting no on SB 769.

010

 

VOTE:  3-1-1

AYE:            3 - Sen. Deckert, Sen. C. Starr, Sen. Walker

NAY:            1 - Sen. Kruse

EXCUSED:  1 - Sen. Morrisette

 

Chair Walker

The motion Carries.

The following prepared testimony is submitted for the record without public testimony:

 

Peter Dane

Citizen. Submits written testimony for the record (EXHIBIT U).

012

Chair Walker

Closes work session on SB 769 and opens work session on SB 766.

SB 766 – WORK SESSION

015

Marjorie Taylor

Committee Administrator. Gives overview of SB 766. Mentions -1 amendments (EXHIBIT R).

022

Chair Walker

Talks about -1 amendments.

031

Sen. C. Starr

Says he is conflicted and will not be able to support SB 766.

034

Chair Walker

Recesses work session on SB 766.

037

Chair Walker

Opens work session on SB 748.

SB 748 – WORK SESSION

038

Marjorie Taylor

Committee Administrator. Gives overview of SB 748.

042

Chair Walker

Recesses work session on SB 748. The committee stands at ease.

044

Chair Walker

Calls committee back to order and re-opens work session on SB 748.

046

Chair Walker

Asks Andrea Morgan to comment on the potential fiscal impact of SB 748.

054

Andrea Morgan

Curriculum Specialist, Department of Education. Talks about anticipated fiscal impact.

071

Chair Walker

Asks how long it took the Department of Education to review one of the programs.

072

Morgan

Explains.

084

Chair Walker

Recesses work session on SB 748 and re-opens work session on SB 766.

SB 766 – WORK SESSION

089

Sen. Deckert

MOTION:  Moves to ADOPT SB 766-1 amendments dated 4/4/05.

 

 

VOTE:  5-0-0

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

095

Sen. Deckert

MOTION:  Moves SB 766 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-2-0

AYE:            3 - Sen. Deckert, Sen. Morrisette, Sen. Walker

NAY:            2 - Sen. Kruse, Sen. C. Starr

 

Chair Walker

The motion Carries.

SEN. WALKER will lead discussion on the floor.

104

Chair Walker

Closes work session on SB 766 and re-opens work session on SB 748.

SB 748 – WORK SESSION

107

Sen. C. Starr

MOTION:  Moves SB 748 to the floor with a DO PASS recommendation and BE REFERRED to the committee on Ways and Means.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Deckert

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

117

Chair Walker

Closes work session and opens public hearing on SB 342.

SB 342 – PUBLIC HEARING

121

Marjorie Taylor

Committee Administrator. Gives overview of SB 342. Mentions -2 amendments (EXHIBIT S).

132

George Pernsteiner

Chancellor, Oregon University System. Testifies in support of SB 342.

142

Bob Turner

President, IFS. Testifies in support of SB 342.

159

Sen. C. Starr

Comments on testimony.

169

Chair Walker

Closes public hearing and opens work session on SB 342.

SB 342 – WORK SESSION

172

Sen. C. Starr

MOTION:  Moves to ADOPT SB 342-2 amendments dated 4/5/05.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Deckert, Sen. Morrisette

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

177

Sen. C. Starr

MOTION:  Moves SB 342 to the floor with a DO PASS AS AMENDED recommendation.

 

 

VOTE:  3-0-2

EXCUSED:  2 - Sen. Deckert, Sen. Morrisette

 

Chair Walker

Hearing no objection, declares the motion CARRIED.

SEN. SCHRADER will lead discussion on the floor.

185

Chair Walker

Closes work session and opens public hearing on SB 684.

SB 684 – PUBLIC HEARING

192

Sen. Charles Starr

Represents Senate District 13. Testifies in support of SB 684.

229

Tim King

Principal, Clackamas Web Academy. Testifies in support of SB 684.

320

Kaaren Heikes

Charter School Development Center. Testifies on SB 684. Expresses neutrality on SB 684.

382

Chair Walker

Asks how Heikes knows that the State Board of Education is working on the issue.

383

Heikes

Explains.

413

Sen. C. Starr

Comments on the issue.

TAPE 72, B

004

Chair Walker

Says that she would like to hold onto SB 684 until the committee can gather further information.

012

Sen. C. Starr

Appreciates the offer to keep SB 684 in the committee.

025

Chair Walker

Closes public hearing and adjourns meeting at 6:05 p.m.

 

 

 

EXHIBIT SUMMARY

 

  1. SB 416, -1 amendments, staff, 2 pp
  2. SB 416, -2 amendments, staff, 2 pp
  3. SB 416, email correspondence, Tex Winter, 3 pp
  4. SB 416, written testimony, Bob De Carolis, 4 pp
  5. SB 300, -2 amendments, staff, 13 pp
  6. SB 300, written testimony, Sen. Avel Gordly, 2 pp
  7. SB 300, chart, Margaret Delacy, 1 p
  8. SB 637, -3 amendments, staff, 2 pp
  9. SB 637, written testimony, Sen. Ryan Deckert, 2 pp
  10. SB 637, written testimony, Key Jackson, 2 pp
  11. SB 643, -3 amendments, staff, 2 pp
  12. SB 643, written testimony, Amanda Barron, 2 pp
  13. SB 643, written testimony, Dee Wendler, 3 pp
  14. SB 643, written testimony, Higher One, 1 p
  15. SB 747, -1 amendments, staff, 2 pp
  16. SB 747, written testimony, Kevin Grant, 4 pp
  17. SB 747, written testimony, Sen. Ryan Deckert, 10 pp
  18. SB 766, -1 amendments, staff, 2 pp
  19. SB 342, -2 amendments, staff, 3 pp

 

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

  1. SB 769, memo, staff, 1 p
  2. SB 769, written testimony, Peter Dane, 1 p