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02/06/2008 #0 Forty-eighth Legislature - Second Regular Session

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 ARIZONA HOUSE OF REPRESENTATIVES

Forty-eighth Legislature – Second Regular Session

 

COMMITTEE ON EDUCATION (K-12)

 

Minutes of Meeting

Wednesday, February 6, 2008

House Hearing Room 3  --  9:00 a.m.

 

 

Chairman Anderson called the meeting to order at 9:01 a.m. and attendance was noted by the secretary.

 

Members Present

 

Mr. Clark

Mr. Hershberger

Mrs. Thrasher

Mr. Crump

Mr. Lujan

Mr. Tobin, Vice-Chairman

Mr. Farnsworth

Mr. Schapira

Mr. Anderson, Chairman

Ms. Garcia M

 

 

 

 

 

Committee Action

 

HB 2008 – DPA (5-3-0-2)                                                      HB 2035 – DPA (7-2-0-1)

HB 2441 – DPA (9-0-0-1)                                                      HB 2475 – DP (8-0-0-2)

HB 2499 – DP (7-2-0-1)                                                         HB 2508 – DP (5-2-1-2)

HB 2525 – DPA (8-0-1-1)                                                      HB 2527 – DP (7-2-0-1)

HB 2559 – HELD BY CHAIR                                              HB 2563 – DPA  FAILED (5-5-0-0)

HB 2564 – HELD BY CHAIR

 

 

PRESENTATION BY THE JUNIOR STATESMEN FOUNDATION

 

Dallas Gold, Arizona Program Director, Junior Statesmen Foundation (JSF), introduced
Richard Prosser.

 

Richard Prosser, National Public Affairs Director, Washington, D.C., provided an overview of the JSF (Attachment 1).

 

Josh Martinez, Student, representing self, related activities of students in a chapter he began at Sunrise High School in Peoria after learning about JSF on the Internet. 

 

Tommy Cunningham, Student, representing himself, related his experiences in the JSF Georgetown University Summer Program in Washington, D.C.

 

Chairman Anderson thanked the presenters.  He said he is glad to hear that a chapter was started in Arizona because young people need to become involved in order to replace current legislators.

 

INTRODUCTION OF STUDENTS

 

Marv Lamer, Camp Verde High School, noted that students are present from the Culinary Arts program.

 

Christopher Hudson, Student, representing self, said he is learning cake decorating techniques, how to bake and make an omelet, and he would like to have a career in culinary arts someday.

 

Amber Genovese, Student, representing self, related that the class is fun and she has learned many different techniques and ways to cook different things.  She said she would like to own a restaurant someday.

 

Devin Oster, Student, representing self, indicated that he took Culinary Arts I, where he learned the basics.  Now he is taking Culinary Arts II where he is learning to decorate cakes and cook with different kinds of foods.

 

CONSIDERATION OF BILLS

 

HB 2035, ASDB; personnel procedures – DO PASS AMENDED

 

Vice-Chairman Tobin moved that HB 2035 do pass.

 

Vice-Chairman Tobin moved that the four-line proposed Thrasher amendment to HB 2035 dated 2/5/08 11:42 AM (Attachment 2) be adopted.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2035 makes changes to the personnel procedures for the Arizona State Schools for the Deaf and Blind (ASDB)
(Attachment 3).  The proposed amendment stipulates that an ASDB Governing Board policy that conflicts with or contradicts Arizona State personnel policy will be superseded by the Arizona State personnel policy (Attachment 2).

 

Mrs. Thrasher, Sponsor, explained the rationale for provisions of the bill and said she hopes it will help ASDB recruit and retain qualified people.

 

Charles Foy, President, Arizona State Employees Association/Communication Workers of America (CWA), in favor of HB 2035, spoke about the absence rate of ASDB Board members at meetings.

 

Erika  Peery, Educational Interpreter, representing self, in favor of HB 2035, conveyed that the bill will secure fair and impartial terms of employment for workers dedicated to providing quality services for the children and allow ASDB to attract and retain a superior workforce.

 

Ray  Ramirez, ASDB; Communication Workers of America Local 7000, asked for the Members’ support of HB 2035 to help end the costly abuse of power that exists within the agency.

 

James Bravo, Communication Workers of America Local 7000, stated that HB 2035 will provide some level of accountability to the agency and solve some of the bad management problems that cost the agency financially.

 

Tina Neumann, Teacher, representing self, said HB 2035 will assist in promoting necessary change within the agency.

 

Karen Vanderbilt, School Bus Driver, representing self, in favor of HB 2035, said she witnessed unprecedented abuse of power inflicted upon valuable employees, citing a recent incident involving a bus mechanic.  She added that issues stem from the probation policy, which deserves drastic improvement.

 

Doris Woltman, representing self, in favor of HB 2035, stated that poor and improper actions of ASDB leadership induce fear and coercive conformity of employees, impacting the ability to provide student stability, safety and proper examples of learning institution.  Additionally, the ASDB Board is not being held accountable.

 

Harold Hoff, Superintendent, ASDB, neutral on HB 2035, made some observations about the bill and asked that the Committee delay any action until further research can be done and the ASDB Board can be involved.  He responded to questions.

 

Vice-Chairman Tobin announced individuals who registered their position in favor of HB 2035:

            Sami Hamed, ASDB Board Member, representing self

            Lee Ortega, Organizer, CWA Local  7000

            Sueanne McCreery, Supervising Teacher, representing self

            Karen Feldman, Supervising Teacher, representing self

            Linda Hatfield, President, CWA Local 7000

            Sharon Lunger, Supervising Teacher, representing self

            Mary Joe  Munis, Educational Interpreter, representing self

            Patricia Jimenez, representing self

            Heather Donnel, Interpreter, representing self

            Pia Benson, Supervising Teacher, representing self

            Sylvia Mohler, Organizer, CWA 7019

            Jennifer Daily, Arizona Education Association

 

Chairman Anderson announced an individual who registered a neutral position on HB 2035:

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

 

Question was called on the motion that the four-line proposed Thrasher amendment to HB 2035 dated 2/5/08 11:42 AM (Attachment 2) be adopted.  The motion carried.

 

Vice-Chairman Tobin moved that HB 2035 as amended do pass.  The motion carried by a roll call vote of 7-2-0-1 (Attachment 4).

 

HB 2499, ASDB; superintendent; business manager – DO PASS

 

Vice-Chairman Tobin moved that HB 2499 do pass.

 

Katherine Nikas, Majority Intern, explained that HB 2499 prevents the Arizona School for the Deaf and Blind (ASDB) Superintendent from also acting as the Business Manager
(Attachment 5). 

 

Mrs. Thrasher, Sponsor, stated that it is too risky for a state agency not to have a “second set of eyes” overlooking the financials while expecting the Superintendent to be the educational leader.  She requested the Members’ support.

 

Harold Hoff, Superintendent, ASDB, neutral on HB 2499, related that a person was hired to supervise the Financial Division and asked that the Committee delay action until the ASDB Board has an opportunity to discuss the bill.

 

Chairman Anderson announced individuals who registered their position in favor of HB 2499:

Charles Foy, President, Arizona State Employees Association/Communication Workers of America (CWA),

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association
            Linda Hatfield, President, CWA Local 7000

            Sueanne McCreery, Supervising Teacher, representing self

            Lee Ortega, Organizer, CWA Local 7000

            Erika  Peery, Educational Interpreter, representing self

            Karen Feldman, Supervising Teacher, representing self

            Sharon Lunger, Supervising Teacher, representing self

            Ray  Ramirez, ASDB, CWA Local 7000

            Mary Joe  Munis, Educational Interpreter, representing self

            Patricia Jimenez, representing self

            James Bravo, representing self

            Tina Neumann, Teacher, representing self

            Heather Donnel, Interpreter, representing self

            Pia Benson, Supervising Teacher, representing self

            Sylvia Mohler, Organizer, CWA 7019

            Karen Vanderbilt, School Bus Driver, representing self

            Doris Woltman, Assistant Director SER, representing self

            Jennifer Daily, Arizona Education Association

 

Question was called on the motion that HB 2499 do pass.  The motion carried by a roll call vote of 7-2-0-1 (Attachment 6).

 

HB 2527, JTEDs; adult students – DO PASS

 

Vice-Chairman Tobin moved that HB 2527 do pass.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2527 permits adult students to attend vocational programs in a Joint Technological Education District (JTED) (Attachment 7).

 

Representative Rich Crandall, Sponsor, stated that HB 2527 would allow adults to take advantage of vocational program opportunities when there is excess capacity.

 

Discussion followed concerning interaction between minors and older adults, and the availability of similar courses at community colleges.

 

Stan Barnes, representing East Valley Institute of Technology (EVIT), in favor of HB 2527, stated that this is an important issue to EVIT.  He introduced Dr. Keith Crandell and
Dr. Sally Downey.

 

Dr. Keith Crandell, Board Member, East Valley Institute of Technology (EVIT), spoke in favor of HB 2527.  He related that a 14-year-old female student is far more likely to be predatorized by an 18-to-22-year-old male student than a 35-year-old man seeking to improve himself, but noted that adults will be screened like classified EVIT employees.

 

Sally Downey, Superintendent, East Valley Institute of Technology (EVIT), spoke in favor of HB 2527.  She submitted that adults want to learn a skill and go to work, but will be subject to fingerprinting and the “whole nine yards” like classified staff.  She responded to questions.

 

Gerry Baumann, representing self, in favor of HB 2527, commented that there is a need for vocational training, especially for political refugees who are often older.  Also, educational funds would be utilized more effectively. 

 

Beth Sauer, Government Relations Analyst, Arizona School Boards Association, spoke in opposition to HB 2527, contending that younger students in classrooms with older adults is not appropriate.  She said adults can already attend EVIT, but not during the normal school day, which is the best approach.

 

Chairman Anderson announced that Jake Logan, Arizona Education Association, Mesa Public Schools, is in favor of HB 2527.

 

Question was called on the motion that HB 2527 do pass.  The motion carried by a roll call vote of 7-2-0-1 (Attachment 8).

 

HB 2525, constitutional expenditure limitation; school – DO PASS AMENDED

 

Vice-Chairman Tobin moved that HB 2525 do pass.

 

Vice-Chairman Tobin moved that the three-line proposed Anderson amendment to HB 2525 dated 2/5/08 9:07 AM (Attachment 9) be adopted.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2525 requires all kindergarten students to be counted as full-time students for the purpose of calculating the aggregate expenditure limitation (Attachment 10).  The proposed amendment makes the provisions applicable only for kindergarten students enrolled in a full-day kindergarten program (Attachment 9).

 

Representative Rich Crandall, Sponsor, said this measure would eliminate the need to vote on an emergency bill every year to override the constitutional spending limit.

 

Chairman Anderson called on Michael Smith, Associate, Arizona School Administrators, to speak in favor of HB 2525, but he was not present.

 

Vice-Chairman Tobin announced individuals who registered their position in favor of HB 2525:

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

            Sam Polito, representing Tucson Area School Districts

            Art Harding, Legislative Liaison, Arizona Department of Education

            Jake Logan, Legislative Liaison, Mesa Public Schools

            Jennifer Daily, Arizona Education Association

 

Question was called on the motion that the three-line proposed Anderson amendment to HB 2525 dated 2/5/08 9:07 AM (Attachment 9) be adopted.  The motion carried.

 

Vice-Chairman Tobin moved that HB 2525 as amended do pass.  The motion carried by a roll call vote of 8-0-1-1 (Attachment 11).

 

HB 2441, school textbooks; alternative media producers – DO PASS AMENDED

 

Vice-Chairman Tobin moved that HB 2441 do pass.

 

Vice-Chairman  Tobin moved that the three-line proposed Tobin amendment to HB 2441 dated 2/5/08 8:43 AM (Attachment 12) be adopted.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2441 requires the State Board of Education (SBE) to designate an alternative media producer for alternative textbooks (Attachment 13).  The proposed amendment clarifies that the SBE may designate more than one alternative media producer (Attachment 12).

 

Mr. Tobin, Sponsor, asked for the Members’ support of HB 2441 and the proposed amendment.

 

Cindy Huie, Member, Board of Directors, Recording for the Blind & Dyslexic, spoke in favor of HB 2441.  She said the bill would ensure that the State recognizes authorized media producers and provide continuity for teachers, students and parents.

 

Carrie Schaffer, representing self, in favor of HB 2441, indicated that the bill would assist teachers and educators by providing a comprehensive list of agencies that can produce any book in any format a student requires and increase the chances of students obtaining an education.

 

Roger Heldenbrand, representing self, in favor of HB 2441, said this measure will ease the burden on teachers to provide educational access to students who are blind or visually impaired.

 

Chairman Anderson called Jake Logan, representing Arizona Education Association, Recording for the Blind and Dyslexic, to speak in favor of HB 2441, but he was not present.

 

Vice-Chairman Tobin announced individuals who registered their position in favor of HB 2441:

            Alexander Dominick, Development Director, Recording for the Blind & Dyslexic            

            Sam Polito, representing Tucson Area School Districts

Chuck Essigs, Director of Governmental Relations, Arizona Association of School Business Officials

 

Vice-Chairman Tobin announced an individual who registered as neutral on HB 2441:

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

 

Barbara Fenster, representing self, related that because Arizona is not a textbook adoption state, each teacher chooses books and becomes responsible for finding the books in an alternative format, which can be confusing.  HB 2441 bill should eliminate that by providing a list of alternative media producers for teachers.

 

Discussion followed concerning clarification of language on Page 5, Lines 17 and 18, of the bill.

 

Question was called on the motion that the three-line proposed Tobin amendment to HB 2441 dated 2/5/08 8:43 AM (Attachment 12) be adopted.  The motion carried.

 

Vice-Chairman Tobin moved that HB 2441 as amended do pass.  The motion carried by a roll call vote of 9-0-0-1 (Attachment 14).

 

HB 2563, charter schools; transfer of credits – DO PASS AMENDED  FAILED

 

Vice-Chairman Tobin moved that HB 2563 do pass.

 

Vice-Chairman Tobin moved that the five-page proposed Anderson amendment to HB 2563 dated 2/5/08 11:35 AM (Attachment 15) be adopted.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2563 requires school districts to accept transfer credits from an accredited charter school course or program (Attachment 16).  The proposed amendment requires a charter school or public school to automatically accept academic credits from accredited courses or instructional programs and provide all transfer pupils with a list of credits that were accepted and denied, and provides the same testing opportunity to redeem any denied credits (Attachment 15).

 

Chairman Anderson, Sponsor, indicated that HB 2563 stipulates that credits can be transferred across the board, or the student can take a test on the material.

 

Tom Dorn, representing Arizona Charter Schools Association, suggested a few corrections to the bill and proposed amendment.  He said he supports HB 2563 moving forward while continuing to work on the language.

 

Gary Bae, Director of Public Affairs, The Leona Group, in favor of HB 2563, stated that this issue needs to be fixed for the children.

 

Eileen B. Sigmund, Executive Director, Arizona Charter Schools Association, in favor of
HB 2563, indicated that she agrees with the concept, but would like to work on two issues.

 

Chairman Anderson called Michael Smith, Associate, Arizona School Administrators, who registered in favor of HB 2563, but he was not present.

 

Beth Sauer, Government Relations Analyst, Arizona School Boards Association, in opposition to HB 2563, suggested some changes in order to allow for local control and equitability.  

 

Question was called on the motion that the five-page proposed Anderson amendment to HB 2563 dated 2/5/08 11:35 AM (Attachment 15) be adopted.  The motion carried.

 

Vice-Chairman Tobin moved that HB 2563 as amended do pass.  The motion failed by a roll call vote of 5-5-0-0 (Attachment 17).

 

HB 2008, school pupils; alternative graduation requirements – DO PASS AMENDED

 

Vice-Chairman Tobin moved that HB 2008 do pass.

 

Vice-Chairman Tobin moved that the three-line proposed Anderson amendment to HB 2008 dated 2/5/08 8:34 AM (Attachment 18) be adopted.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2008 is an emergency measure that permanently reinstates an alternative graduation requirement for certain students who have not achieved a passing score on the Arizona Instrument to Measure Standards (AIMS) test (Attachment 19).  The proposed amendment prohibits elective courses from being used to augment the pupil’s AIMS score (Attachment 18).

 

Mr. Schapira, Sponsor, advised that HB 2008 reinstates language allowing augmentation and contains an emergency clause.  He endorsed the proposed amendment.

 

Maria Cami, representing self, in favor of HB 2008, related that she has not been able to pass the math portion of the AIMS test, but should be able to graduate because she has a 3.2 grade point average, started clubs at school and participated in extracurricular activities. 

 

Rhonda Martin, representing self, Sierra Vista, in support of HB 2008, submitted that it is important for students to have an alternative method for passing AIMS.

 

Tony Vacura, Exceptional Education Teacher, Tucson Unified School District, spoke in favor of HB 2008.  He opined that augmentation compassionately recognizes the many struggles of disabled students while providing educators with an important tool for emphasizing high standards. 

 

Chairman Anderson announced individuals who registered in favor of HB 2008:

            Gerry  Baumann, representing self

            Gary Bae, Director of Public Affairs, The Leona Group

            Eileen B. Sigmund, Executive Director, Arizona Charter Schools Association

            Tom Dorn, Lobbyist, Arizona Charter Schools Association

            Jennifer Daily, Arizona Education Association

            Sam Polito, representing Tucson Area School Districts

            Michael Smith, Associate, Arizona School Administrators

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

 

Chairman Anderson announced an individual who registered as neutral on HB 2008:

            Vince Yanez, Executive Director, State Board of Education

 

Question was called on the motion that the three-line proposed Anderson amendment to HB 2008 dated 2/5/08 8:34 AM (Attachment 18) be adopted.  The motion carried.

 

Vice-Chairman Tobin moved that HB 2008 as amended do pass.  The motion carried by a roll call vote of 5-3-0-2 (Attachment 20).

 

HB 2475, schools; pupil disciplinary proceedings – DO PASS

 

Vice-Chairman Tobin moved that HB 2475 do pass.

 

Katherine Nikas, Majority Intern, explained that HB 2475 changes the process of documentation for incidents concerning the bullying, harassment or intimidation of a pupil and allows a school district governing board to have all hearings about a pupil’s expulsion heard by an independent hearing officer (Attachment 21).

 

Representative Rich Crandall, spoke for Representative Kirk Adams, the Sponsor of HB 2475.  He said people are present to speak about the bill and answer questions.

 

Tom Pickrell, General Counsel, Mesa Public Schools, in favor of HB 2475, noted that interim hearing officers are routinely appointed for expulsion hearings at Mesa Public Schools, which the bill codifies.  He endorsed the provisions relating to maintaining confidential documentation.

 

Jennifer Anderson, Majority Research Analyst, clarified that appointing a hearing officer is not compulsory.

 

Mr. Pickrell informed Mr. Farnsworth that the language eliminated in Section L on Page 10 is obsolete.

 

Chairman Anderson announced individuals who registered their position in favor of HB 2475:

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

            Michael Smith, Associate, Arizona School Administrators

            Sam Polito, representing Tucson Area School Districts

Chuck Essigs, Director of Governmental Relations, Arizona Association of School Business Officials

            Jake Logan, representing Mesa School District

            Jennifer Daily, Arizona Education Association

 

Question was called on the motion that HB 2475 do pass.  The motion carried by a roll call vote of 8-0-0-2 (Attachment 22).

 

HB 2508, new school facilities; rural areas – DO P ASS

 

Vice-Chairman Tobin moved that HB 2508 do pass.

 

Jennifer Anderson, Majority Research Analyst, explained that HB 2508 amends the definition of rural area pertaining to the construction of new school facilities under the School Facilities Board (SFB) (Attachment 23).  She reviewed the Fiscal Note (Attachment 24).

 

Casey O'Brien, Superintendent, Payson Unified School District, in favor of HB 2508, conveyed that reclassification provides a modicum of funding that will allow a bit more to be done in areas such as Payson.

 

Vice-Chairman Tobin announced individuals who registered their position in favor of HB 2508:

Chuck Essigs, Director of Governmental Relations, Arizona Association of School Business Officials

            Beth Sauer, Government Relations Analyst, Arizona School Boards Association

            Michael Smith, Associate, Arizona School Administrators

            Sam Polito, representing Tucson Area School Districts

            Ron Lee, representing self

 

Bobette Sylvester, Assistant Superintendent, Payson Unified School District, advised that the building renewal formula does not have variances to allow more to be given to a school district based on economic factors, which is the reason for this legislation.

 

Question was called on the motion that HB 2508 do pass.  The motion carried by a roll call vote of 5-2-1-2 (Attachment 25).

 

HB 2559, schools; attendance; minutes computation – HELD BY CHAIR

HB 2564, highly qualified teachers; proficiency examinations – HELD BY CHAIR

 

Without objection, the meeting adjourned at 11:55 a.m.

 

 

                                                                        _______________________________

                                                                        Linda Taylor, Committee Secretary

                                                                        January 8, 2008

 

(Original minutes, attachments and audio on file in the Chief Clerk’s Office: video archives available at http://www.azleg.gov).

 

 

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                        COMMITTEE ON EDUCATION (K12)

3

                        February 6, 2008

 

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