Public schools, colleges, universities
January 14, 2004
January 15, 2004 – Subcommittee 8:30 a.m
January 15, 2004 – Subcommittee 9:00 a.m
January 19, 2004 – Subcommittee
January 19, 2004 – Subcommittee
January 20, 2004
January 21, 2004
January 22, 2004
January 23, 2004
January 27, 2004
January 28, 2004
January 28, 2004 – Subcommittee
January 29, 2004
January 30, 2004
February 2, 2004
February 3, 2004
February 4, 2004
February 5, 2004
February 9, 2004
February 10, 2004 – 8:30 A.M. Meeting
February 10, 2004 – 10:35 A.M. Meeting
February 11, 2004
February 12, 2004
February 13, 2004
February 16, 2004
February 17, 2004
February 18, 2004
February 19, 2004
February 20, 2004
February 23, 2004
February 24, 2004 – Joint Meeting
February 25, 2004
February 26, 2004
February 27, 2004
March 1, 2004
March 2, 2004
March 3, 2004
March 4, 2004
March 5, 2004
March 8, 2004
March 9, 2004
March 10, 2004
March 12, 2004
March 16, 2004
March 18, 2004
March 19, 2004
March 20, 2004
November 5, 2004 – Joint Subcommittee Meeting
DATE: | January 14, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please refer to the attached sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:07 A.M. with a quorum being present. |
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Chairman Barraclough began by sharing with the committee “what makes him tick”, and what he hopes to accomplish as the new committee chairman. He explained that he lived through the depression and was in the Navy during World War II where he experienced being among the lowest echelon. He quickly realized that education was a treasured and valued asset, and when he got out of the Navy he attended the University of Idaho to become a Certified Professional Hydrologist. Representative Barraclough said he learned a long time ago that there are no great people we are all ordinary people. He has been a legislator for 12 years, serving on the Environmental Affairs, Resources and Conservation, and Education committees. |
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Chairman Barraclough stated he approaches decisions by asking himself, “how can I do the right thing”? He stressed he wants the committee to work as a team and set an example by accepting that individuals can have different feelings on issues, yet still work together. He feels the refusal to work together makes us look ridiculous to the public. He said he does not believe in holding legislation or limiting testimony. He and Vice Chairman Lake will be holding weekly meetings with the |
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Chairman Barraclough said he believes the Idaho Legislature truly supports education. Sixty-three percent of Idaho’s budget goes to education and there should be reviews of how the money is spent and there should be accountability in the product. He stressed that schools need to drop the idea that they could have done a good job if they’d had more money. He provided several charts from 1984-1996 that showed public school funding being increased and SAT scores going down. He wants to support and encourage quality educators and work to improve education where warranted. He voiced his feelings about the Idaho Education Association opposing |
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He closed by saying he wants to do what’s right and that he is a coordinator of what this committee will do. |
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INTRODUCTIONS: | Each committee member was asked to introduce themselves.
Vice Chairman Lake stated that his goal is to prepare better educated Representative Jones mentioned that he is not an educator by trade but Representative Trail took a moment to introduce Sarah Mahaffy, House Representative Bradford explained that he came to this committee Representative Block spoke about how important education is to her Representative Rydalch mentioned that she served in the Senate for a Representative Bauer stated it is an honor and privilege to serve on this Representative Eberle indicated that he appreciated the Chairman’s Representative Cannon related a story about a card game where one of Representative Garrett said she appreciated the opening remarks and Representative Kulczyk indicated that in 1996 he became a lobbyist for Representative Nielsen stated that he agrees with the comments about Representative Bayer explained that he is the “newbie” who replaced Representative Sayler said he has spent 50 years either as a student or Representative Naccarato supported the Chairman’s comments about Representative Andersen said he spent 20 years on the farm and in Representative Boe said she appreciates the fact that the Chairman |
Chairman Barraclough asked John Watts to relate a conversation they’d had about how to design the best system and who best to design it. John Watts, Veritas Advisors, introduced himself and stated that he has |
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Other agency representatives who introduced themselves were Randy Thompson, Chief Academic Officer, State Board of Education; Teresa Molitor, Lobbyist, IACI; Carissa Miller, Program Manager for Accountability, State Board of Education;Luci Willits, Communications Officer, State Board of Education; Rachel Rasmussen, Intern, State Board of Education; Connie Richey, Lobbyist, Idaho State University; Tim Hill, Bureau Chief, Finance and Transportation, State Department of Education; Jim Shackelford, Executive Director for Idaho Education Association; Robin Nettinga, Director of Public Policy, Idaho Education Association; Jerry Helgeson, President, Meridian Education Association; Mike Friend, Executive Director, Idaho Association of School Administrators; and Phil Homer, Idaho Association of School Administrators. |
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Vice Chairman Lake informed the committee about the two subcommittees that would be reviewing the committee rules starting tomorrow. He explained that he would lead the subcommittee dealing with graduation requirements, and Representative Trail will lead the subcommittee that will review all the remaining rules. The subcommittees will put together their recommendation to be presented to the committee of the whole to be voted on. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:28 A.M. |
DATE: | January 15, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 408 |
MEMBERS: | Chairman Trail, Representatives Bradford, Rydalch, Cannon, Garrett, Nielsen, Andersen, Naccarato |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please refer to the presenters highlighted below and the attached committee sign-in sheet. |
Rep. Trail, subcommittee chair, called the meeting to order at 8:35 a.m. | |
DOCKET NO.
08-0202-0301 |
Karen Gustafson, Idaho State Board of Education, gave a brief overview of Docket No. 08-020-0301. The current rules relating to Idaho’s pupil transportation support program became effective July 1, 2002. This rule is essentially a clean up of that comprehensive rulemaking. The rule clarifies current rule language related to 60-day inspections of school buses and withdrawal from service. There were two public hearings held. One was held during the negotiated rulemaking process and one after the proposed rules were published. A total of three people attended the hearings. Ms. Gustafson said that changes to this policy were made with school bus manufacturers recommendations. Rod McKnight, State Department of Education, fielded questions from A question was asked regarding to the process that was in place to Mr. McKnight also stated that there has been confusion at the school |
MOTION: | Rep. Garrett made a motion to recommend to the full committee that 08-0202-0301 be approved. Rep. Nielsen seconded the motion.
Motion approved unanimously. |
DOCKET NO. 08-0202-0303 |
Karen Gustafson, Idaho State Board of Education, gave a brief overview of Docket No. 08-0202-0303. The major purpose of these rules was to remove information that was previously located in an incorporated document and to put that text directly into the rule itself. The amendments make the Code of Ethics clearer, less ambiguous, and more specific. Negotiated rulemaking was not conducted because this rule change is not Keith Potter, State Department of Education, stood for questions from In response to a question regarding hearings, Mr. Potter stated that there In answer to a question regarding whether a brochure would be Mr. Potter said that the major changes to the code of ethics are found on There was a question regarding Principle 2 about identifying issues of There were real concerns by some of the committee members that the There was a question regarding the rule on Page 13, Principle 3, and Mr. Phil Homer, IASA, stated they have no negative comments on the Mr. Jim Shackelford, IEA, said they are a strong supporter of the It was asked if this does not pass what would happen. Mr. Potter said A point was made that this is a highly visible profession and any |
MOTION: | Rep. Cannon made a motion to put off a vote on Docket No.08-0202-0303 until we have an opportunity to study it. |
SUBSTITUTE MOTION: |
Rep. Garrett made a substitute motion to send Docket No. 08-0202-0303 back to the full committee with no recommendation. |
AMENDED SUBSTITUTE MOTION: |
Rep. Andersen made an amended substitute motion to table Docket No. 08-0202-0303 and come back to it.
The Amended Substitute Motion passed by a 5 to 3 vote with |
DOCKET NO.
08-0202-0304 |
Karen Gustafson, Idaho State Board of Education, presented Docket No. 08-0202-0304. This docket has to do with the re-authorization of the Elementary and Secondary Education Act, titled the No Child Left Behind Act of 2001 (NCLB), provided for sweeping reform in education. A key component of the Act is a requirement relating to the quality of instruction in classrooms. To this end the Act requires that schools must assure that a “Highly Qualified Teacher” in core academic areas is in every classroom by 2005-2006 (Title 1, Section 1119). In response, the Idaho’s MOST committee created three teacher The Teacher Preparation Task Force met approximately 18 times and the Mr. Keith Potter, SDE, stood for questions. It was asked if these three Some concerns were that we are trapping ourselves into a flow of funds Mr. Jim Shackelford, IEA, said that they support this. |
MOTION: | Rep. Andersen made a motion to recommend to the full committee that Docket No. 08-0202-0304 be adopted. Seconded by Rep. Bradford. A roll call vote was requested. The motion passed by a 6 to 2 vote. Rep. Rydalch and Rep. Nielsen voted nay. |
DOCKET NO.
08-0202-0302 |
Mr. Keith Potter, SDE, presented Docket No. 08-0202-0302. This removes the requirement that a teacher is required to have an endorsement in Biology, Physics, Chemistry, or Geology in order to receive a Natural Science endorsement. Allows teachers who possess an endorsement in Agricultural Science and Technology, complete a minimum of 20 hours of course work plus a lab in the Biological Sciences, Physical Science, and Earth Science, and receive a passing score on the Praxis test, to receive an endorsement in Natural Science. In answer to a question, Mr. Potter said that this testing is for all new It was asked if all teachers need to do these two things and Mr. Potter Mr. Jim Shackelford, stated that the IEA is in support of this rule. Mr. Phil Homer, said that the IASA is also in support. |
MOTION: | Rep. Cannon made a motion to accept Docket No. 08-0202-0302. Seconded by Rep. Nielsen. The motion passed unanimously. |
Rep. Trail stated that there are still two rules that need to be heard and that the ethics rule needs to be reheard. The Sub-committee will meet on Monday, January 19 at 9 a.m. |
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ADJOURN: | The meeting was adjourned at 10:50 a.m. |
DATE: | January 15, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Subcommittee Chairman Lake, Representatives Jones, Block, Bauer, Eberle, Kulczyk, Bayer, Boe, Sayler |
ABSENT/
EXCUSED: |
All subcommittee members were present. |
GUESTS: | Please refer to the presenters highlighted below and the attached committee sign-in sheet. |
Representative Lake, Subcommittee Chairman, called the meeting to order at 9:06 A.M. |
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DOCKET NO.
08-0203-0301 |
Ms. Karen Gustafson, Policy & Governmental Affairs Officer, Office of the State Board of Education (OSBE), briefed the subcommittee on Docket No. 08-0203-0301. She mentioned that the Board embarked on creation of new provisions for standards, assessment, and accountability in 1997. Standards have been adopted and are being implemented in all Idaho public schools and a comprehensive assessment program was put in place in 2001. The final step is establishing accountability measures that will tie the effort together and ensure compliance with the No Child Left Behind Act (NCLB). She said these rules add proficiency to the Idaho Standards Achieve-ment Test (ISAT) in order for the state to meet the accountability Negotiated rule making was conducted in May 2003 by the Accountability Based on comments received during the hearing process, the rule was |
Ms. Gustafson addressed several outstanding issues with ISAT and accountability: Concern that ISAT is being used as a graduation requirement in Concern about validity and reliability has the exit exam been tested? Concern that the test does not use multiple measures. The Adequate |
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Questions/concerns from the committee:
Were the oral and written comments received by the Board positive or Why test using only multiple choice and why test only reading, writing |
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CON | Ms. Robin Nettinga, Director of Public Policy, Idaho Education Association (IEA), spoke in opposition to Docket No. 08-0203-0301. Ms. Nettinga stated that the concerns detailed by Ms. Gustafson reflect many of the concerns IEA has expressed in numerous presentations to the SBOE. Ms. Nettinga outlined the IEA’s concerns as follows: High Stakes Tests The IEA believes the fact a student is required to Validity/Reliability IEA continues to be concerned that the ISAT has Costs IEA has always supported the creation of a standards-based Dropout Rates IEA has repeatedly shared their concern that high cited at least three studies that offered a “moderate degree of evidence When asked if she thought the fear of the high stakes test would go away |
Dr. Thompson and Carissa Miller, OSBE, responded to the following:
Will the ISAT affect the acceptance of the GED? The GED and the What research is available to support the use of a high stakes test? Can a 9th grade student passing the test waive taking it in the 10th Are we setting a bar of knowledge or trying to improve education? It is How will Idaho know how they compare to other states? Based on the What are the ISAT requirements for home schools, charter schools, What is the difference between the ISAT and the National Assessment How can Limited English Proficient (LEP) students be expected to pass Wouldn’t it be productive for the Legislators to be able to look at the |
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Dr. Clifford Green, Executive Director, Idaho School Boards Association (ISBA) addressed Representative Sayler’s question about what concerns the ISBA has regarding the mandate (possibly unfunded mandate) from the state to the local districts. Dr. Green said ISBA supports appropriate, accurate and adequately funded assessment of student performance with the goal of improving student achievement. ISBA did, however, have some concerns about the validity and reliability of the ISAT. Dr. Green worked with the OSBE and now believes that given the data provided by the OSBE, Idaho has a valid and reliable test. The only issue that still remains is whether the Legislature will adequately fund remediation. |
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Dr. Bob Haley, Legislative Liaison, State Department of Education asked to speak to the committee. He explained he was not representing the Department with his comments today. He said the Albertson’s Foundation has donated around $200 million dollars to Idaho schools in the past five years and test scores are not increasing. He said the Albertson’s Board decided that before spending any more money they would call in a team of education experts. One of the experts, Dr. Doug Reeves, was asked if he had heard about the flap going on in Idaho regarding the ISAT. Dr. Reeves said Idaho is heading down a path of disaster. Idaho should not throw out the test, rather they should modify it to ensure it will hold up in court. Dr. Reeves went on to say that research shows when the tests are taken by students with poor attendance and who sluff off, they fail. He said 90% attendance and a “C” average in all courses must be required. Also giving students the option of passing 4 of the 5 elements will increase the chance for success. Dr. Haley was asked to remind the members about Idaho’s minimum |
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Dr. Thompson informed the subcommittee members that Ms. Miller is working on an RFP to have external validity of the ISAT performed. |
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ADJOURN: | Representative Lake reminded the members that the subcommittee will continue the review of Docket No. 08-0203-0301 on Monday, January 19, 2004 at 9:00 A.M. There being no further business, Representative Lake adjourned the meeting at 10:40 A.M. |
DATE: | January 19, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Trail, Representatives Bradford, Rydalch, Cannon, Garrett, Nielsen, Andersen, Naccarato |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please refer to the presenters highlighted below and the attached committee sign-in sheet. |
Rep. Trail called the meeting to order at 9:10 a.m.
Rep. Nielsen made a motion to accept Subcommitte A’s |
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DOCKET NO.
08-0202-0303
MOTION: |
Rep. Trail stated that the wording in Docket 08-0202-0303 was taken from the Georgia Professional Standards Commission’s code of ethics. He also said that he received a letter from Dr. Bob West which states that the SDE, OSBE, and the IEA have resolved their concerns regarding the proposed rule change. (See attached letter). Representatives Bradford, Cannon, and Garrett said that most Dr. Bob West, SDE, stated that the concerns of the Education There was a question from the committee asking how these Mr. Jim Shackelford, IEA, stated that they are now in support Rep. Cannon made a motion that Docket No. 08-0202-0303 Rep. Nielsen asked if they vote in favor of this motion now will All members present voted to accept the motion. |
DOCKET NO.
30-0101-0301
MOTION: |
Dr. Charles Bolles, State Librarian, Docket No. 30-0101-0301 clarifies and updates rules relating to library materials and services relating to disabled borrowers. These rules are being amended to reflect the changes in focus of the collections and services of the State Library necessary to reflect the results of a strategic planning process completed by the State Library Board and staff. It also reflects the reduction in the State Library’s budget of just under 20% in the last few years, including no appropriation for library materials in both FY 2003 and FY 2004. As a result of these events the State Library has moved from a mission of providing information services to Idaho residents to helping Idaho libraries improve their capacity to better serve their clientele. In answer to a question regarding the talking book library, Dr.
Rep. Nielsen made a motion to accept Docket No. 30-0101-0101. Seconded by Rep. Andersen. Motion passed. |
DOCKET NO.
47-0101-0301
MOTION: |
Ms. Sue Payne, Vocational Rehabilitation, stated that after discussions with their federal partners and finding that some of their wording had been more explicit than the federal wording, It was asked why their federal partners don’t like the wording, There was a concern whether we would still be able to do There was also a question regarding CRP and what type of It was mentioned that there was a concern from the Senate Rep. Rydalch moved to adopt Docket No. 47-1010-0301. |
ADJOURN: | The meeting was adjourned at 10:05 a.m. |
DATE: | January 19, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Subcommittee Chairman Lake, Representatives Jones, Block, Bauer, Eberle, Kulczyk, Bayer, Boe, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please refer to the presenters highlighted below and to the committee sign-in sheet. |
DOCKET NO.
08-0203-0301 |
Representative Lake, Subcommittee Chairman, called the meeting to order at 9:07 A.M. Public testimony on Docket No.08-0203-0301 was continued. |
Dr. Carolyn Keeler, Professor at the University of Idaho and Chair of the Technical Advisory Committee (TAC), appointed by Dr. Marilyn Howard, addressed the committee. She explained that the TAC is charged with (1) meeting the requirements of the compliance agreement with the federal government for an external review of the State assessment system and (2) to ensure that the test is valid, reliable, fair and unbiased. She stated that both of these efforts will result in protection for the State from liability in the case of students being denied diplomas due to the ISAT’s use as a sole measure of high school achievement. Dr. Keeler explained that the TAC has spent more than a year evaluating 1. that it is valid measures the adopted curriculum; 2. that it is reliable measures achievement consistently across items 3. that it is without bias no minority group will be treated unfairly by the 4. that there is a recorded process for test development and review. Dr. Keeler said that NWEA did respond to some of TAC’s questions/ |
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In response to questions, Dr. Keeler said it could take 1-2 years before the ISAT is valid and reliable. She said the fear is that if we start down this path before we have a valid, reliable and non-biased test we will lose students. When asked since NCLB doesn’t require a high stakes test, why ISAT. She explained that NCLB requires adequate yearly progress (AYP) and a high stakes test is just one means of showing AYP. |
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Mr. Fred Riggers, self-employed farmer, stated he is concerned for his grandchildren who will be required to pass the ISAT before graduating from high school. He explained that he has a grandson who gets A’s & B’s but has failed the tests given to prepare him to take the ISAT. His granddaughter on the other hand is failing her classes, but has passed the tests. He asked that the committee members use caution and make the best judgment. When Mr. Riggers was asked if the results of the tests were being used as a diagnostic tool to help his grandson, he said he wasn’t sure his grandson just has trouble taking tests. |
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Dr. Mike Friend, Executive Director, Idaho School Administrator’s Association (IASA), spoke to Subsection 105.03, Graduation Requirements, pages 27 and 28 of the rule. He applauded the Office of the State Board of Education for listening to input during the hearings and adding the provision to allow locally established mechanisms to be used if students cannot pass the ISAT. He believes these rules provide the guidelines and framework that will allow the local school boards to develop alternative routes and remediation, and he feels the alternative route for Special Education is just a drop in the bucket to those students needing help. Dr. Friend indicated that Superintendents from Region 1 and Region 6 When asked if the IASA has concerns about requiring the school districts |
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Dr. Cliff Green, Executive Director, Idaho School Boards Association (ISBA), indicated that the ISBA developed a resolution that states: “ISBA recognizes the importance of assessments in measuring what students should know and be able to do. Moreover, ISBA supports efforts to ensure that student performance be appropriately and accurately measured. Assessments of student progress should be tied closely with state and local standards and reflect changes in expectations.” He said the ISBA did have concerns about the validity and the reliability of the ISAT, so he worked with Dr. Thompson and looked at the data and the methods used to ensure validity and reliability. He said he feels that the Office of the State Board of Education (OSBE) has gone through adequate validity and reliability testing, and if ISAT is both reliable and valid we need to get going. If not, we must request a waiver from the Federal government, which they have already denied. He said the OSBE is working on an RFP for a third party evaluation. ISBA supports the OSBE and realizes the ISAT is not perfect, but feels by 2006 it will be close. |
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Dr. Marilyn Howard, State Superintendent of Public Schools, State Department of Education (SDE) stressed that the SDE supports the ISAT and they are hard at work trying to put all the pieces together. She said they just want to be able to say with assurance that they are accurately measuring students. She said the SDE will live and deal with the rules whatever the outcome. Dr. Howard pointed out that under NCLB schools will be judged on their performance and so will the instructors. The SDE’s main concern is that with ISAT individual students will be placed in a high stakes situation. She acknowledged that all schools have struggling students, but a higher percentage of Hispanic and Tribal children are failing, and we must help them overcome their anxieties. Dr. Howard indicated that the ISAT is still being written, these tests will be different in the Spring than they were last spring and the new test hasn’t been validated. She indicated that having an outside group of educators evaluating the ISAT and giving their input and suggestions on collecting data has been instrumental in the contractor changing their behavior. In response to a question about whether there is an ideal amount of time |
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Ms. Morgan Byron, student at Eagle High School, voiced her opposition to the ISAT, if it is used for a graduation requirement. She explained that she has already passed the ISAT, but some of her fellow students may not. She said there are other ways to make sure they know the information, especially by taking the end of course finals. She stressed she feels using the test as an assessment is fine, but not as a graduation requirement. When asked if she found the ISAT difficult, she mentioned that the attention span was the most difficult because she took the test on a computer and it required a lengthy attention span to complete. |
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Ms. Lisa Kegan, Education Leaders Council, said the council is very much in favor of school choice, assessment and accountability, qualified teachers, etc. She mentioned she was a part of the American Federation of Teachers in Arizona and was in on the original set of studies. She believes that when we expect too little, students do less. She asked “is it not possible that instruction is not as high with minority and struggling students?” She feels basic skills can be learned by all. She stressed it should not be suggested that this test is new and it did have field testing. She stated she would be happy to help out with Idaho’s efforts and mentioned that states are looking at all assessments. |
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ADJOURN: | There being no further business to come before the subcommittee, Representative Lake adjourned the meeting at 10:30 A.M. |
DATE: | January 20, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please refer to the presenters highlighted below and to the committee sign-in sheet. |
Senator Gary Schroeder, Senate Education Chairman, called the joint meeting to order at 8:05 A.M. and introduced the chairs and co-chairs of each committee. He explained that the issues brought forth today are important to the people of Idaho, and these meetings will allow ideas to be flushed out. Chairman Barraclough thanked the attendees for their interest. |
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Dr. Randy Thompson, Chief Academic Officer, Office of the State Board of Education, began by saying that No Child Left Behind (NCLB) commands central stage in the US today. He explained that in 1994 the Elementary and Secondary Education Act (ESEA) focused on a baseline of standards and required assessments. The Idaho Legislature responded to the business community’s concern about finding qualified Idaho applicants and mandated a standards based system be developed. In 2001 a Federal bi-partisan approach began that resulted in the NCLB Act, a reauthorization of the ESEA. Congress authorized $1.1 billion to support testing. They did a scan of 18 states to develop the approach for NCLB, and Idaho was one of the states they looked at. Idaho now has solid standards, a testing system for diagnosis and a comprehensive development plan. In 2001, Idaho received $59.3 million in Federal support; $79 million in 2002, and $91 million in 2003. Funding has been responsive to the needs, and most Federal programs have received increases across the board. He stressed that the original purpose of the ESEA was to reduce the gap in student performance. |
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In response to questions regarding cost of bringing all students up to speed, Dr. Thompson said that Idaho State University is in the process of calculating Idaho’s costs. He stressed the mandate from NCLB is educating children so that all youth graduating will be prepared and he sees this as a partnership among all entities involved. |
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Mr. Tom Farley, Federal Programs Bureau Chief, State Department of Education, stated that NCLB is all about educating children. He pointed out there are many pieces to NCLB that are not talked about. He said that Idaho schools began implementing NCLB in 2002-2003. NCLB goes right to the classroom, and is intended to close the gap low income and low performing students should receive a quality education. Mr. Farley discussed what NCLB is about: accountability, flexibility and local control, enhanced parental choice and focusing on what works (Attachment 1). He talked about the Adequate Yearly Progress (AYP) requirements under NCLB, and in Attachment 1 provided details of the State Board of Education’s current position on the AYP formula, a chart listing AYP goals in reading and mathematics and illustrating the annual performance growth requirements through 2012-2013, an AYP School Improvement Timeline, and qualifications for highly qualified teachers (new & existing) and paraprofessional. Mr. Farley also provided a detailed AYP summary showing Idaho’s Spring |
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In response to questions, Mr. Farley provided the following clarifications.
Based on the requirement to meet 36 individual targets, Idaho does not Also on the AYP Timeline, Year 4, Item 2 under Supplemental Services, Growth requirements for schools performing at an extremely high levels A study is being conducted to determine the funding needed to meet the Idaho cannot and will not throw out the ISAT. Every test a child takes NCLB changes the law and raises the bar it uses teeth to see that the Adaptations and accommodations will be developed for students with a The State Department of Education is aware that money is being Federal requirements mandate only outcome, but do not mandate how to |
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Ms. Jane Lesko, Grangeville, Idaho, voiced her opposition to NCLB and provided references to support her position (Attachment 3). She urged the repeal of NCLB because she feels it “is a blatant breach of national sovereignty as well as state sovereignty, compromising the authority of our state representatives over our educational system, and impinges on the rights of parents to guide the direction of their children’s education…”. Ms. Lesko has drafted an RS for a Senate Joint Memorial and hopes to |
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Mr. Tom Luna, Senior Advisor to Rod Paige, reflected on the day in 1995 when Governor Phil Batt announced that Idaho would develop standards, assessment and accountability measures for education. Four or Five years later they began hearing about NCLB, which was based on things Idaho had considered while developing their plan. He said in 1994 the reauthorization of the ESEA identified goals but no funding. Funding, Flexibility and Local Control — In the last nine years there has Teachers NCLB deals with highly qualified teachers and Idaho places in He feels NCLB unites all individuals towards results teachers, parents, |
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Mr. Luna clarified the following:
States have a 23-27 month window in which to use Federal funds or they If Idaho rejects NCLB it will jeopardize all Federal funding and Idaho is He does not agree that NCLB leaves behind children in rural schools, but It is disturbing that technical training and other valuable programs are |
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Dr. Marilyn Howard, Superintendent of Public Education, State Department of Education, said she had no prepared remarks but would like to respond to comments. She thanked Mr. Farley for providing information on the many pieces of NCLB. She explained that at its heart, NCLB is centered on Civil Rights to provide resources to those left behind so they can achieve at the same level as others. She said the IRI, K-3 serves to screen those who need resources and then NCLB requires assessments at grades 3-8 and 10. She complimented the Legislators on their efforts, stating how important their support had been and explained that the $1 million they received for standards this year has been used to provide a supervisory focus to build leadership and data analysis. Dr. Howard said we must have substantial data to help teachers assess and then learn methods of remediation. Dr. Howard identified problems we need to think about as (1) Under Dr. Howard thanked Tom Luna for pointing out that there is $3.9 million |
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Mr. Neil Colwell, Idaho Association of Commerce and Industry (IACI) said IACI has put together a well thought out education policy statement (Attachment 4). He emphasized that Idaho’s business community has a vital interest in a public school system and has a stake in the process and delivery of education services and the quality of students graduating from Idaho’s schools. He pointed out that Idaho’s businesses directly contribute 45 percent of local property taxes going to schools and 30 percent of the General Fund appropriated to annual K-12 schools. Mr. Colwell stressed that business has a responsibility to sustain schools beyond tax support and they will partner with all education stakeholders to shape policies. |
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Mrs. Kelly Christensen, parent of a special needs child, explained she chose to keep her son home on the day of testing so his low math score didn’t go against the school or put pressure on the teacher. She acknowledged that no accommodations would have helped him pass the test. Mrs. Christensen said she had struggled for 4 years to get an appropriate education for her son, and she has experienced teachers who don’t want him in their class. She said NCLB is not bad, just not thought out. She asked the legislators to look at the test being required and to help her help the teachers. |
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Ms. Peggy Polling-Sharky, principle at Parma, stated she like being held accountable, but NCLB needs improvement. She talked about their specialized reading programs and after school leaning programs some students are at school at 6:00 A.M. She indicated the problem is that one size doesn’t fit all and you can’t measure 280 adolescents one way. She said what she celebrates is when students come on time and aren’t on juvenile detention or drugs. She closed saying she was arguing against being accountable for what counts. |
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Ms. Terry Anderson, parent and school board trustee, District 25 stated she is concerned about (1) their library being closed for 12 weeks while it is used for a testing lab; (2) accountability for students withhold driver’s license; (3) implementation with this group of 9th & 10th graders who didn’t receive remediation in the lower grades; (4) dropout of students and teachers teaching is not fun and there are too many pressures. |
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Ms. Janet Orndorff, trustee and President of Idaho School Board Association (ISBA) stressed that ISBA applauds and embraces NCLB, but need to put this in perspective. This has not been attempted or completed in the world. The need for remediation is great and all school districts want to be successful. ISBA believes NCLB gives more flexibility and local control and will help provide quality teachers in rural areas. ISBA is helping school board members by developing standards and holding measurement and training workshops (See Attachment 5, NCLB Governance Calendar). |
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Ms. Jan Lang, 4th grade teacher at Idaho Falls, said her school is a “failing” school in one category, while scores are very high. They have 400 students but no Title I. They wrote a letter of appeal but it was denied. They failed because one student was still on their records, but who was not enrolled because of severe emotional problems. They have many dedicated teachers and counselors and have had students score 1600 on the SAT. She cited problems with NCLB as funding, highly qualified requirements, and AYP doesn’t measure attendance and grades. She feels students could be tested at the grade they are performing. Ms. Lang said she feels pressured (Attachment 7). |
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Due to time constraints, Ms. Kathy Phelan, President, Idaho Education Association, submitted written testimony (see Attachment 8). |
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Dr. Phil Kelly, professor at BSU, said he feels the 36 cell matrix is problematic because if schools fail to meet on requirement or 36 requirements they are placed on “need improvement list”. He mentioned a model he’d worked on that would test at level on grade level but it was rejected by the Federal Department of Education. No state testing system can trump the ISAT, i.e. the IRI and the Direct Math exams cannot be used. |
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Ms. Pam Peck, Teacher at Pocatello High School, talked about how demoralizing it is to be listed as a school “needing improvement” or “failing”. She said Pocatello High failed 7 requirements 6 in participation and 1 in performance. She indicated that staff is being redirected for remediation and mentioned the feelings of hopelessness and the extreme amount of pressure. She said she begins her day working with special needs students who don’t fall under the graduation requirement and then with AP students who welcome the standards based system but are behind because there are no challenging classes. Courses are being cut. |
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Mr. Sam Byrd, Consultant for Council on Hispanic Education, said the issues with Latinos and Tribal students are well documented with the use of aggregate data, but the gap is not being closed on the 40% of Latino and Tribal students who are dropping out. He said the Council supports accountability and they realize as parents and educators that they must do their part. He feels Idaho is not ready for NCLB and 60% of LEP elementary students are pulled out of regular classrooms. They are concerned about the political will to make this happen because they have been told for 25 years its their fault and told to wait. He mentioned the Federal Title III funding debate between the OSBE and the SDE that is holding up/eliminating a position the Council needs. |
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Mr. Dan Hawkley, representing Leave No Mother Behind, stressed that a child who is left behind at home is never going to catch up. He referred to Article III, Section 24, Idaho Constitution which states “The first concern of all good government is the virtue and sobriety of the people, and the purity of the home. The legislature should further all wise and well directed efforts for the promotion of temperance and morality.” This group feels NCLB burdens educators with a task they cannot fulfill and diverts responsibility for America’s future from families to the public schools (Attachment 6). |
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Ms. Patricia Burnham, parent and teacher, said she is amazed that the Federal government can dictate curriculum, NCLB, Sec, 2344 “We the People Program, The Citizen and the Constitution”. She said if Idaho takes the funding for NCLB, she believes the government has the right to restructure the schools. She believes the objective is socialism and indoctrination and she is concerned the state is not waking up. She feels the privacy of the home and the parents are at risk. |
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ADJOURN: | There being no further testimony, Senator Schroeder adjourned the meeting at 11:10. |
DATE: | January 21, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please refer to the presenters highlighted below and to the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:10 A.M. He commended Senator Schroeder’s foresight in setting up the joint meetings this week to bring the committee’s together and to facilitate public testimony. Our goal is to turn out students who can compete in today’s world and acknowledged that we need everyone’s help to make the ISAT the best test we can. |
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NOTE: Attachments referenced below will be included in the official Legislative Library minute book. |
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Dr. Randy Thompson, Chief Academic Officer, Office of the State Board of Education (OSBE), began by quoting author Henry Smith “what we measure gets done” and in business it is said that “what we measure improves”. Dr. Thompson indicated that Idaho has adopted and implemented standards in all Idaho Schools, a comprehensive assessment program was put in place in 2001 and the final step is to establish accountability measures that will ensure compliance with the No Child Left Behind Act (NCLB). In January 2002, Northwest Evaluation Association (NWEA) was selected Attachment 1 provides complete details of Dr. Thompson’s comments as |
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In Attachment 2, Dr. Thompson provided the findings and conclusions of researchers at the Hoover Research Institution regarding high-stakes testing which differ significantly from the studies of Amerein and Berliner, ASU. To a concern about teachers and administrators struggling to accommodate the scheduling and administering of the ISAT, Dr. Thompson explained that all but two districts are using computers to administer the test because this provides immediate feedback. When asked if NWEA has the experience needed to provide valid and reliable tests, he stated that SBOE is working with a national expert to develop the RFP for a 3rd party evaluation of the validity and reliability of the ISAT. |
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Dr. G. Gage Kingsbury, Director of Research, NWEA, concentrated his remarks to issues relating to the measurement quality of the ISAT. These issues are: 1. How does the use of a systemic measurement scale influence the use of 2. Is the selection of test questions done in a manner to assure that the 3. Is the test able to make accurate decisions concerning student 4. Is the test comparable in its measurement characteristics to tests used Attachment 3 contains Dr. Kingsbury’s testimony in its entirety. Major Dr. Kingsbury stated that the federal government does not require states to |
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Dr. Carolyn Keeler, chair of the Technical Advisory Committee (TAC) appointed by Dr. Howard, stated she is here to talk about ISAT as a requirement for high school graduation. She described the TAC as an external review committee charged with “providing technical information on each of the components of the Idaho assessment system.” They are to (1) meet the requirements of the compliance agreement with the federal government for an external review and (2) ensure that the test is valid, reliable, fair and unbiased. She explained the TAC is made up of experts in large scale testing, test validity and reliability, and issues surrounding special needs students. Dr. Keeler pointed out four concerns about the ISAT as (1) test validity; (2) test reliability; (3) test without bias; and (4) test development and review must have a recorded process (Attachment 4). Dr. Keeler acknowledged that NWEA has provided answers to some of |
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Dr. Marilyn Howard, Superintendent of Public Instruction, State Department of Education (SDE), expressed that she was pleased to see Dr. Gage Kingsbury from NWEA here today and pointed out he is sitting by Dr. David Breithaupt from the SDE. They both have similar jobs and have worked very closely together this last year to resolve problems. Dr. Howard’s testimony is presented in its entirety in Attachment 5. She Standards and Assessment Commission originally planned for a test that NWEA was chosen as the vendor for the test The US Department of Education would not accept these tests but NWEA had no experience as a company with developing and managing SDE specialists identified teachers who were invited to come to Boise to Three SDE staff spent six months full time to clean up the data mess left Costs of testing in the state are estimated at around $4 million, and it was Ms. Kathy Phelan, Idaho Education Association, in the interest of time, |
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Ms. Kathy Stetson, NWEA, said she has been the lead for Idaho since NWEA received the contract, and she has worked closely with the OSBE, SDE and the districts. NWEA has looked at what would give the best assessment for teachers. She definitely feels NWEA is fully capable of delivering the ISAT. |
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Mr. Tom Luna, speaking as a member of the Idaho Assessment and Accountability Commission, reminded those present that the commission was asked to go slow and he feels they did. He indicated that over the past 10 years over 300 Idahoans from all walks of life have been involved in this effort. He emphatically pointed out that allowing thousands of students to leave high school without the proper skills is high stakes. |
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Dr. Bob Haley, Legislative Liaison, State Department of Education, voiced two concerns. He is concerned about the library at some schools being closed while the ISAT is given, and he is very concerned about technology funding being cut in light of the ISAT requirements and ISIMS coming on line this year. Dr. Haley provided a suggestion from Dr. Doug Reeves, researcher for the Center for Performance and Assessment, that in order for Idaho not to head down the road to disaster they need to adopt a middle ground by allowing students to graduate from high school by completing 4 of 5 requirements. |
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Mr. Brian Crouch, consultant, stated he is a former high school teacher and served an internship in Japan. He asked that Idaho not focus on tests in lieu of critical thinking, because knowledge is more than dissemination of information. He stated students need to become good American citizens and high level critical thinkers. |
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Ms. Karen Vauk, teacher and Micron employee, representing the Idaho Association of Commerce and Industry (IACI), mentioned her involvement on the Idaho Assessment and Accountability Commission, stating she feels they did a thorough and inclusive job. She stressed paying attention to the cost for remediation, pointing out that Micron spends about $1 million on remediation. Ms. Vauk provided IACI’s policy regarding achievement standards, assessment and accountability (Attachment 7). Also provided by IACI was written testimony from Teresa Molitor, J.D. on Adoption of Proposed Rules on Accountability (Attachment 8). |
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Mr. Sam Byrd, Consultant, Tribal-Latino Caucus, presented a statement from the Caucus. He said they welcome the commitment to systematically test student achievement in our schools. They believe that an ISAT, if proven to be valid, reliable, and free from cultural bias, offers a useful measure of the success or failure. However, they would consider it the gravest of injustices if their students were denied diplomas for failing to meet the standards expected of them before the school system has overcome its failure to meet the standards expected of it. Mr. Byrd pointed out that over 50% of the Latino and Native American students failed the ISAT pilot last year, a finding consistent with years of other standardized test results. He noted an unintended consequence of the ISAT could be a high dropout rate. He declared their united resolve to hold the state education system accountable and acknowledged as leaders, educators and parents they recognize their fundamental responsibility. (See Attachment 9 for entire statement and fact sheet.) |
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Mr. Steve Horner, private citizen, Meridian spoke in favor of basic skills testing. He explained that he was a single parent who raised two sons. One son was in one of the first classes in Minnesota to graduate under the new rules. Mr. Horner said his son, an average student, did well in math and reading because he was diligent, studied hard, turned in his homework, and took the test seriously. Mr. Horner disagrees with those who use excuses for students not doing well (Attachment 10). |
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Ms. Wendy Seley, teacher from Boundary County Jr. High, reminded the members that she sent them a letter telling them how to solve the problem (Attachment 11). She explained that the Idaho ISAT only covers about 20% of the standards and she’s having to cover 80%. ISAT should be revamped to make sure standards are covered and must measure more than reading and writing. She stressed that electives are being cut and kids labeled. |
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Ms. Barbara Crow, fifth grade teacher, Couer d’Alene, stated that even with her 26 years of teaching little has impacted her teaching more than the ISAT. She said the diagnostic uses of the ISAT at first glance are appealing. She described a pilot program where students are grouped according to their scores to help teach what they need to know. They found that a group scoring the same mean turns out to be as diverse as any other group of students. Ms. Crow’s comments are presented in full in Attachment 12. |
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Ms. Terry Anderson, elected member of the Pocatello School Board, urged that we take our time on this and have a 12-year implementation time period and start with first grade. People are feeling the impact locally talk to the students. |
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Dr. Cliff Green, Executive Director, Idaho School Boards Association (ISBA), said his organization is encouraged with the process. They support appropriate, accurate and adequately funded assessment of student performance. ISBA accepts testing as part of a graduation requirement as long as there are additional avenues for students to meet the requirement. Educators are working on alternate assessment measures. A perfect test is improvable and the process will take time. (See Attachment 13 for the ISBA’s full testimony). |
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Ms. Jan Downs, former Special Education Specialist, stated that ISAT would be fair if all students started at the same level. She feels the ISAT is high stakes and that the cut scores lend themselves to only 40% of the students. She opposes using ISAT alone without factoring in GPA or other criteria, and pointed out that only 50% of Latino’s from Texas graduate. |
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Mr. Ralph Hahn, stakeholder from Glenns Ferry, said he is not an educator but was a college registrar. He feels that if schools had been grading properly and transcripts were not distorted that an ISAT would not be necessary. He stated the opposition comes from the culture of our youth who don’t recognize the standards set by others. |
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Mrs. Tracy Warren, parent and staff member of the Idaho Council on Developmental Disabilities, talked about the importance of the participation of students with disabilities in state and local assessments. Not only because it is required by law, but also because their participation should help improve teaching and learning by creating high expectations and accountability for the success of ALL students. She warned that because of ISAT, referrals to special education may increase and some teachers may not welcome these students into their classroom. She said she commends Special Education Specialists. (Refer to Attachment 14 for her full testimony.) |
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Ms. Jessica Hill, student majoring in Education at Albertson College, mentioned three concerns: (1) qualified experts to teach; (2) the costs involved (she urged that they follow the money trail) and (3) people implementing the test. She said there is no end to assessment and the ISAT should be reevaluated continually. |
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Dr. Phil Kelly, professor at Boise State University, said he does not feel the ISAT is a high stakes test. He mentioned that teachers are asking not to be held accountable when students aren’t accountable. He supports comments made by Ms. Vauk and Mr. Luna and fears the curriculum will be narrowed. He has heard that principals have said you will teach only reading and math. |
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Ms. Debbie Yates, adjunct professor, Albertson College, explained that she was a transplant and a former alternative school educator. She said “she had been there, done that” in Indiana. She taught GED preparation and they didn’t have enough room for all the dropouts because they had no waiver process. She stressed the costs in human terms and said Idaho has a chance to learn from other states. |
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Mr. Jerry Helgeson, president, Meridian Education Association, reminded everyone to walk softly and carry a flexible stick. |
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Mr. Lee Dubert, professor of Education at Boise State University, spoke in opposition to the ISAT. He mentioned three concerns and urged that this not be made a high stakes test. Concerns were regarding (1) reliability and validity 9 accepted measures; (2) reliability is easily measured; and (3) construct validity. |
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Mrs. Julie Robinson, parent and volunteer, Parent Teacher Association, urged that we slow down and provide resources. She voiced concerns about whether scoring well is synonymous with proficiency, about differences in states, differences between grades and the necessary financial support. |
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Ms. Molly Maas, graduating senior planning to become a teacher, said the first goal in teaching should be to “educate” and the secondary goal is the assessing and sorting of students. She said the ISAT is not the goal of educating and assessing. She pointed out that none of her job interviews had required a multiple choice test, but rather they evaluated her ability to communicate and interrelate. ISAT has a very real impact to students who can communicate but may not test well. |
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Mr. Juan Almanza, hombre, SEI, stated that as an Idaho resident he views this as a very serious issue. He said he has been dealing with these issues longer and his community is affected by them. He asked for a delayed implementation and to erase the disparities. He stressed the solutions are at our hand work with my community. |
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Dr. Howard was asked how much money was in the Governor’s budget for remediation and she said “none”. The SDE requested $5 million based on $125 per student and assuming 1/4 of the students would require remediation. In response to the question about her staff member’s costs being included in the $3.5 million to NWEA, she said her staff members cost was not counted, just the cost of cleanup and people contributing. Dr. Howard estimated about 3 years of rolling data, before the test is used, would give the system a chance to work. NWEA was asked whether legislator’s could actually look at the ISAT, and Dr. Kingsley said the contract is through the Board and if they have no difficulty with it then it would be possible the only concern is security. |
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ADJOURN: | There being no other testimony, Representative Barraclough adjourned the meeting at 11:35. |
DATE: | January 22, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Cannon |
GUESTS: | Please refer to the presenters highlighted below and to the committee sign-in sheet. |
Chairman Schroeder called the meeting to order at 8:09 A.M., expressing how tremendous it is to have a room full of people dedicated to educating children. Because of the large number of people wishing to testify, a two-minute limit was set for testimony. Chairman Schroeder stated he has visited most of the charter schools in |
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Mr. William von Tagen, Division Chief Intergovernmental & Fiscal Law, Attorney General’s office spoke briefly about charter school governance. He stated from a policy standpoint, we need to determine if statutes clearly apply to charter schools and their boards and then proceed in a proper manner. We need to predict what a court will do if a judge is brought in. There are areas in Idaho Code that may result in confusion: Section 33-5204, Nonprofit corporation Liability Insurance states “A charter school shall be organized and managed under the Idaho nonprofit corporation act. The board of directors of a charter school shall be deemed public agents authorized by a public school district or the state board of education to control the charter school…”. The language in this section of code as well as definitions of “public servant” and “public official” on pages 2 and 12 in the Idaho Ethics In Government Manual have caused issues about liability to surface. Mr. von Tagen stated that in fairness, we need to determine which laws charter schools fall under. Regarding questions about exemptions from law suits, whether employees |
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NOTE: Copies of all attachments listed below are available in Room 411 and will become a part of the official Legislative Library minutes. |
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Mr. Bob Henry, 10-year member of the Nampa School Board, provided background information for the Nampa (now Liberty) Charter School, stating the school board is in the process of discussing Liberty’s renewal petition, and they hope to come to an agreement on the remaining few issues. The Nampa School Board denied a petition for the Nampa Charter II school that wanted to mirror Liberty. The denial was appealed to the State Department of Education (SDE) and a hearing officer upheld the denial. Nampa Charter II then appealed to the OSBE and after a hearing, the Board voted to approve the charter. The Nampa School Board has asked the district court to review the decision. He explained that he does not oppose charter schools and recognizes the advantages they have (Attachment 1). Attachment 1 also provides examples of procedures allowed at Liberty Charter that would never be allowed in traditional public schools. |
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Mrs. Laurie Beckel, Nampa, supports choice for parents, but believes public funds are not being distributed fairly because charter schools in Idaho have an advantage when funded similar to “small school districts” — they get higher value for a few. She indicated that under pressure Liberty Charter has finally agreed to reimburse Nampa School District for dual enrollment in academics, but not for extra curricular activities. (Full testimony found in Attachment 2). |
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Mrs. June Blackhurst, Nampa, noted that she had three children enrolled at Liberty, but for their educational and emotional well being she had them pulled out she feels her children did not fit the mold. She stressed that Liberty is a hand picked school. She noted that the1% of students attending charter schools costs the taxpayer 27% more. (Full testimony found in Attachment 3). |
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Mr. Bill Lofholm, Nampa, pointed out that in 2003 the Legislature was advocating consolidation of schools, yet advocating 60 charter schools. He voiced his concerns about dual enrollment and rules governing the issue of just compensation. (Full testimony found in Attachment 4). |
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Mrs. Cindy Schiller, Nampa, cited issues with Liberty and other charters as unfair funding, no free busing, hiding behind the non-profit laws, and suing a family for slander. She pointed out that Liberty has spent around $45,000 in the last two years on attorney fees. She supports charter schools and the concept of choice. (Full testimony found in Attachment 5). |
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Mr. Ken Bobb, parent and business owner, stated he is not against charter schools, but he is concerned about the Board of Directors not releasing documents, i.e. waiting lists. He has a child who is an ex-charter school student. Mr. Bobb was not allowed to sit in on classes. |
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PRO | Mrs. Kelli Stellmon, spoke in favor of charter schools. She has six children and has taken advantage of public schools and homeschooling. One of her children attends the Coeur d’Alene Charter School and one is enrolled in the Idaho Virtual Academy (IDVA). She emphasized that the problems at Liberty are not present at all charter schools. She explained that because of learning disabilities her youngest daughter, Morgan, wouldn’t survive in a traditional school because she requires one on one instruction. (Full testimony and Morgan’s letter are found in Attachment 6). |
PRO | Mrs. Kerry Heninger, nurse, spoke in support of funding for charter schools. Her three children attend the IDVA and it works well for their family. Her children are receiving a top notch education, and she has great support from an educator and other parents. IDVA now has a PE program. Educational choice is important to Idahoans. |
PRO | Mr. Paul Powell, CFO of Intermountain Gas Company and member of the Idaho Association of Commerce and Industry’s (IACI) Education Committee stated that IACI has adopted a position in support of choice in public education, including support for public charter schools. Two of his children are attending the Hidden Springs Charter School which has an enrollment of 372, a 16% increase. They have 400 students on a waiting list. Their academic performance is high, and they are financially sound. He asked for help with two issues: (1) financing a quality permanent facility and extended the length of charters. (Testimony found in Attachment 7). |
PRO | Mrs. Corey Moline, parent, spoke in support of charter schools and freedom of choice. She had a fourth grader in public school and was doing everything she could think of to help her. She suggested holding her daughter back, but the teacher was going to pass her on. Mrs. Moline sought a program where her daughter could succeed and enrolled her in the IDVA which she loves. Her daughter has regained her self-esteem. |
Mrs. Joan Burmester, Nampa, cited problems with charters as accountability, selectivity, funding inequities and reporting. She said regular and accurate reports would give a picture of who is attending the school she is concerned about what these schools will look like in 10-15 years. |
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CON | Mr. Rex Burmester, 15-year member of the Nampa School Board, presented his issues of concern: (1) require charter schools to democratically elect their boards; (2) a neutral and impartial third party needs to be in charge of insuring that admissions lotteries are fairly administered; (3) charter school in the valley receive significantly more funding per pupil than large districts; and (4) current charter school law requires they be organized as nonprofit organizations. (Full testimony found in Attachment 8). |
PRO | Mr. Rodney Limb, Counselor, spoke in favor of charter schools and school choice. He said he has three children in public school and three in the IDVA. He said the public schools have many excellent teachers, but they cannot always give individual attention to students. |
PRO | Mrs. Dixie Limb, mother, spoke in favor of charter schools. She explained they had a child who was ill and missed a lot of school. They were trying to get their child back into public school when they heard about IDVA. She said that the teachers in Fruitland are awesome, but they can’t support the needs of children when they are unable to attend school. |
Mr. Zachary Burley, student, stated he had been a student at Liberty. They took away his credits because he failed to meet the attendance requirements by two days. He indicated that he was humiliated in front of the class and had to do community service which included cleaning the school bathrooms. He said Liberty’s PE program was watching aerobics videos, and if they went to the recreation center they had to pay for it. |
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PRO | Mrs. Kristine Reynolds, parent, spoke in support of charter schools. She said we need checks and balances and a separate governing body to oversee charter schools to ensure they follow the laws. She reminded everyone that charter schools do not receive property tax dollars, and there are many students waiting to get in. |
Mrs. DeAnn Jenkes. parent of five and a teacher, shared her son’s story “he loves learning with IDVA, and he is learning a lot more than he did at traditional public school”. She explained that her son, Stratton, has mood disorder, OCD, and has panic attacks. IDVA offers techniques to help her manage this condition and they provide very simple outlines and techniques for teaching. She urged support for educational choice. (Full testimony found in Attachment 9). |
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Ms. Katherine Sturkie, student, IDVA, urged that the Legislators make it easier to create charter schools. She stated that having attended two charter schools as well as a traditional high school, she considers herself an expert on the subject. She found at Eagle High School that much of her time was wasted and little was learned. IDVA has allowed her to have time for more classes, practice sports, be involved with college republicans, and spend more time with her family. (Full testimony found in Attachment 10). |
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Mr. Daniel Sturkie, IDVA student, explained he is in the 7th grade rather than 5th and he is small for his age and was teased in public school. IDVA has allowed him to learn at his own pace, and they expect much more from the students. He said he is required to write four complete paragraphs on his essays, and he doesn’t like the “relentless onslaught of writing”. He urged them to make adjustments to the charter school laws. |
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Mrs. Loralei Sturkei, mother, spoke in favor of charter schools. She noted that public charter schools allow innovations they can modify and do more with less money. She said districts will be forced to innovate and improve because charter schools force traditional public schools to perform. |
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Mrs. Patricia Boliou, parent, proudly showed a picture of her 7-year old triplets who are enrolled in IDVA. She said she realizes the complexity of teaching children at the same grade level because her children all learn differently. She praised the flexible curricula IDVA offers and the support of the resource teacher. |
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Mrs. Kelley Phipps, parent and teacher, spoke in support of public charter schools. Her husband is a Civil Engineer, and they have moved their six children across our nation TWICE. They have always done homeschooling until four of the children enrolled in IDVA. She explained as parents they are responsible to consistently school their children, take attendance and monitor progress and they have done this from all over the world. Kelley is now a special education teacher for IDVA. (Full testimony found in Attachment 11). |
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PRO | Ms. Amy Phillips, middle school teacher at IDVA, talked about the rigorous curricula used by IDVA and the flexibility for students to move at their own pace. She emphasized that all types of learners benefit, including at risk and those with learning disabilities. Parents are partners and are encouraged to communicate frequently they have bi-weekly conference calls. She urged the Legislature to redirect the necessary funds to keep IDVA open. |
PRO | Mr. David Gencarella, businessman, parent, and Chairman of the Board for IDVA, spoke in support of IDVA. He has three children two attending IDVA. IDVA is a technology friendly school that has committed and satisfied students and parents and is good for taxpayers. It is a great equalizer because it doesn’t matter where you live, you can attend. Mr. Gencarella emphasized that IDVA is in a funding crisis and if decisions stay in committee too long, they will not be here. Attachment 12 provides statistics from the IDVA and outlines their needs. |
PRO | Mr. Alan Price, student, Meridian Charter High School, thanked the Legislators for their support of charter schools. He said Meridian Charter is a smaller charter school that provides a safe and professional environment. Students are required to complete three years of math and two years of science. They are offered four avenues of certification and they are provided job shadowing opportunities. Charter schools work and need your support. |
CON | Mr. Dan Taylor, Loss Prevention Manager for Heinz, spoke in opposition to charter schools traditional students are endangered. He cited several issues: (1) funding charters with same formula as small schools; (2) allowing charters to open without transportation and lunch programs is discriminatory; (3) educators without proper credentials; (4) dual-enrollment is double dipping; (5) absence of checks and balances; and (6) children attending charter schools being treated differently. He urged we treat Idaho’s children fairly. (Full testimony found in Attachment 13). |
PRO | Mrs. Heather Dyer, mother, indicated she is homeschooling her children, but she urged support for a new charter school in Kuna. She stated that grants for buildings, bussing and lunch programs are difficult to obtain. She feels a charter school in Kuna would infuse the system since there are no private schools in that area. She asked for support for the regulations governing charters. |
Mr. Eric Exline, Public Information Officer, Meridian School District, raised questions about unique and innovative techniques from charter schools being adopted back into school districts, and the language to allow only new programs to be created under a charter. He said the language needs clarification and cited that North Star Charter is using the Harbor method and now Meridian has another request to establish a charter that would also use the Harbor method. They are concerned about replicating systems rather than creating new, innovative systems. |
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Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, pointed out two changes that need to be addressed regarding charter schools: governance changes and funding. He said accountability should be the same as for public schools. Dr. Friend indicated that information regarding the fairly new virtual and digital systems is contained in a policy brief entitled “Virtual Schools: Policy Formation Process” that can be obtained from the Intermountain Center for Education Effectiveness, College of Education, Idaho State University. He looks forward to working with the subcommittee assigned to address issues surrounding these systems. |
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PRO | Mr. Steve Adams, educator and President of the Charter School Network, said he was standing in for Carri Whitehead who was unable to be here today because she is assisting with an audit of one of the charter schools. He emphasized that the Network is available to the Legislators. He indicated that because of the hostile relationships with some school districts, charter schools feel they are attacked if they give factual information. He mentioned that Paul Powell is a member of the Network, and reminded everyone that charter schools were created for diversity, and they do cause competition. |
PRO | Mrs. Barbara Singer, Meridian, has a degree in elementary education and is a member of the Compass Charter School Board. She said her goal is to help with extra curricular activities at IDVA. She appreciates the level of individualism and the slower pace in areas where students are struggling. She has taught the Harbor method in several states. Why not make the process of creating a charter easier they are a bargain price at one-third less the cost? |
PRO | Mrs. Brenda Campbell, parent of six, spoke in support of charter schools. She explained she has three children in public schools in Nampa, and they have great teachers. She has a 19-year old who was homeschooled and is an example of a child reaching her goals, and she has two students in the IDVA. One child struggles and would be left behind in a traditional school, and the other works quickly and excels. She said her family is an example of how education choices help students excel (Attachment 14). |
PRO | Mrs. Theresa Truslow, parent, spoke in support of charter schools. She and her husband’s goal is to provide an academically superior education for their nine year old son. He was enrolled in Cole Elementary, but he wasn’t thriving. He was a perfect fit for the IDVA. She doesn’t need to worry about him surviving because he doesn’t want to miss anything she is sure he’ll be ready for college at 6th grade. She urged the simplification of the funding formula. (Full testimony in Attachment 15). |
Mrs. Briana LeClaire, parent, spoke in support of charter schools. Her and her husband were both liberal arts majors and sought out a school for their daughter that shared their values. Their daughter was one of 700 students one and a half years ago and now the IDVA has 2000 students with about 4000 on a waiting list, that number is a scandal. She urged their support for funding. (Full testimony found in Attachment 16). |
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PRO | Mrs. Kayla Rich, parent and business owner, is involved with the Compass Charter School application. She described this as a very tense process, but charter school legislation has opened the doors. She said we need to put to rest the idea of uniqueness. Parents demand choice and they want to see multiple authorizing bodies they want to see the fruits of their labor. |
PRO | Mrs. Kim Engelbrecht, parent from Nampa, shared the story of her daughter’s struggle with education in the public schools. She was spending 3 hours a night tutoring her daughter who had been labeled as below-average intelligence. Her daughter is now enrolled in IDVA and is reaping the benefits of unlimited access to a professional teacher, socialization with classmates and teachers and accountability through testing. (Full testimony found in Attachment 16). |
PRO | Mr. Bart McKnight, self employed, spoke in favor of charter schools. When discussing school choice he referred to Henry Ford’s original choice of automobile colors black, black, black. One color or size does not fit all students. Liberty Charter’s performance speaks for itself and is a model. The Board has been chosen wisely, they share common goals and are mission driven. |
PRO | Mr. Kirk Miller, President of the Board, Anser Charter School, addressed accountability. He said Anser had three members from the Boise School Board of Trustees provide their expertise to Anser. Anser has a great relationship with the district, and they almost negotiated use of one of the district’s school buildings. They have a model that other charter schools and districts can use. Three students left Anser this year and three new students entered choice is there and that’s what’s important. |
PRO | Mrs. Frances Vincent Brown, parent, talked about the importance of IDVA, and the ability to teach at home so parents can learn their children’s real likes is a blessing. She said IDVA is a complete program with excellent staff, dedicated teachers and children excited about learning. Students have opportunities to socialize through monthly field trips. |
PRO | Mr. Michael Vincent Brown, sixth grade student at IDVA, likes the fact that the curricula builds, and he can check his own progress. When he needs help he is not afraid to ask because his Mother is the teacher and she can explain it to him. He mentioned having problems with a math concept at his first school and after he asked twice and still didn’t understand, he was afraid to ask again. He said public schools have advantages if you are accepted by your peers. |
Mr. Jon Allen, CFO, Nampa School District #131, voiced his concern that the current state funding formula for charter schools is creating a disproportionate appropriation, favorable to students in charter schools. He pointed out that the Idaho constitution instructs the legislature to “establish and maintain a general, uniform and thorough system of public, free common schools.” Our predecessors certainly had the vision to understand the importance of an educated society. He stressed that 33-5202 speaks to all students. Mr. Allen provided statistics showing that in 2003 that charter schools generated 37.78 more units than the same students in their granting district. (Full analysis and Mr. Allen’s recommendation for an amendment are contained in Attachment 18). |
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PRO | Mrs. Tami Bennett, parent, spoke in support of charter schools and parental choice. We cannot have the attitude that one model fits all. The Compass Charter School Board has been working for 9 months trying to get their charter approved and the process is grueling. She urged that they support the OSBE as they seek to make charter schools more accessible, and strongly urged that they have a separate entity governing charter schools (Attachment 19). |
Mrs. Gayle O’Donahue, parent, indicated she is on the governing board of Victory Charter and an employee at Liberty. She said she is not asking for money and not here to make charter school creation easy. Charters are not the only successful way to learn, and we need to keep choice alive and well not everyone has to subscribe. Mrs. O’Donahue feels it is unfortunate that the law is being used to keep charter schools from opening and urged everyone to take a look at the process for approving. |
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Mrs. Maegan Davis, parent on the board with the Compass Public Charter School application, stated she couldn’t believe the amount of politics involved within the education system. She is concerned when a public official inquires what is best for Idaho’s children and then turns to high-powered politicians for the answer. Parents know what’s best. The process to have a charter passes is met with great adversity. (Full testimony found in Attachment 20). |
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Dr. Cliff Green, Executive Director, Idaho School Boards Association, stated that ISBA publicly supports charter schools, but charter law needs clarification and is the rancor between school boards and charter schools. Dr. Green identified additional concerns not addressed last session as equitable funding, multi-district charter schools, and definition of Local Education Agency (LEA). These concerns as well as civil rights violations and liability for debt are addressed in Attachment 21. |
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Mrs. Ann Ritter, Meridian School Board, described the charter application process as deliberate, complete and accurate. She said the Board has received applications only two-thirds of a page. Many charter school students are gifted and talented. School boards have no means of checking for accountability the only control is when the charter application is submitted. Problems relating to the ISAT and NCLB seem to come back to the district. |
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CON | Ms. Jan Sylvester, resident of Meridian, asked that the committees address the following issues pertaining to charter schools in Idaho: (1) Charter School compliance with laws and admission procedures |
Mrs. Bridget Barnus, parent, explained she is guardian of two girls attending Capital High School and has a son, BJ, enrolled in the IDVA. The IDVA fits individual needs and sets forth the ground work of choice. BJ could read at four and would have been bored and disruptive in public kindergarten where the tradition is to learn the alphabet. |
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Mrs. Julie VanOrden, past PTA President, and trustee on the Snake River School Board, made it clear she believes in holding charter schools to the same accountability as public schools. Allowing immunities from accountability is undermining. |
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PRO | Mrs. Leslie Mauldin, parent, spoke in support of charter schools. She has done a lot of research and as a parent is interested in ways schools are improving. According to the Education Freedom Index, states with more education freedom have higher average student achievement. Increasing educational freedom is one of the most practical ways for policymakers to improve the quality of education (Attachment 23). |
PRO | Mr. Kevin Hulsey, Physical Therapist, parent and teacher at Liberty, expressed his support for charter schools. He applauds those visionary people who passed the legislation to create charter schools. He acknowledged the system is far from perfect. |
PRO | Mrs. Irene Myers, homemaker, spoke in support of charter schools. She is a taxpayer and asked that they please help charter schools continue. |
PRO | Ms. Jessie Richards, senior at Liberty Charter, spoke in favor of charter schools. High school is about learning to be the people they will be. Liberty teaches morals and teaches them how to be the best they can be. She urged the same opportunity for other students. |
PRO | Mr. David Johnson, senior at Liberty Charter, indicated the main goal at Liberty is to teach students their potential. He feels the power to excel is in the mind, and students are challenged to take their knowledge further. |
PRO | Ms. Emily Harris, student at Liberty Charter, stated that what impresses her most about Liberty is when students present his or her most esteemed work. They are taught to lead a life of character. |
PRO | Mrs. Christalina Jensen, parent and President of the Compass Charter School, talked about the approval proceedings for charter authority. Clarity is lacking and the State School Board is confused about expectations. She indicated that they were one of the first groups to fill out the new application, and their application went from 56 to 1500 pages. She said other chartering entities would take away the burden from the school district. |
PRO | Mrs. Janis Araki, mother, spoke in support of charter schools. She said her children are in Liberty Charter School, and she volunteers to help grade papers, tutor students or organize school lunches. Tax dollars should follow the children. She doesn’t understand why creating charter schools is so controversial. The Nampa school district has taken an adversarial position and the superintendent made the statement that charter school legislation was adopted because they believe public schools are failing. (Full testimony found in Attachment 24). |
PRO | Mrs. Shiela Bryant, mother, voiced her support for education choice for what method/system best meets children’s needs. She asked that the legislature continue the vision, provide alternative sponsoring agents, support temporary OSBE rules that clarify expectations, and consider what’s best for the kids who will be running our businesses and our government. |
PRO | Mrs. Nancy Despain, parent, is a U.S. Citizen and is thankful for the opportunity to vote. She has a 9th grader at Hidden Springs. She feels this is an exciting time, and we have the ability to change the face of education in Idaho. We owe it to our children to secure a good education, charters are more efficient, charters are unified in one goal and charters have higher performance. |
PRO | Gregg and Mindy Vance, parents from Moscow, District 6, spoke in support of charter schools. Mindy asked that the Legislators put their political agendas in their pockets, and that they look at the faces of the children. Gregg asked for clarity and the freedom to choose let funding follow the child. |
PRO | Ms. Meredith DeMordaunt, sixth grade student, North Star Charter School, spoke in support of charters. She said there are many who say students at charters are just spoiled children. She doesn’t believe this and said her ISAT scores are soaring. She also has two siblings at North Star. |
PRO | Mr. Steven Shear, parent, Idaho Leadership Academy, voiced his support for charters. He said he has five and a half dozen kids and the first 6 years they were in public schools and then they homeschooled for 20 years. The Idaho Leadership Academy is very much a success and DVA is exciting, but a full time job. He reminded them this is an evolving process they need help to start a charter at Idaho Falls. |
PRO | Mr. Gary Larsen, principal at Idaho Leadership Academy, mentioned that his Father was once Speaker of the House and his Grandfather also served in the Idaho Legislature. He stated his plea is for good legislation for charter schools. Their local Superintendent says it is not about the money make life easier. |
PRO | Mr. Jim Bauman, minister in Nampa, spoke in favor of charter schools. He has a son at Liberty and said he calls the administration all the time. His son struggles with school and the structure at Liberty is conducive to his learning. He supports the way they choose their board members. Change is good if it is about children. |
PRO | Mrs. Jolene Wallace, Director, Blackfoot Charter, voiced her support for charter schools. She has seven sons and some attend public schools and some attend the Idaho Leadership Academy. She said the Blackfoot Charter has its uniqueness and tends to be multi-age everyone is treated as a family. Try to treat students as individuals and meet their needs. Students who transfer in and are behind or struggling appreciate choice. |
PRO | Mrs. Gale E. Pooley, Chairman of the Board at North Star, stated she has a great relationship with the school board. She indicated they just opened a new building and saved taxpayers about $3 million. About 30,000 hours were donated by parents and students to build the school must get parents back in the classroom. |
PRO | Mr. Mario Wade, student at North Star, stated the advantages of attending North Star are more selection, learning faster and better, and becoming a better citizen. |
PRO | Mr. Cees Hofman, student at North Star, stated that charter schools provide the opportunities to be virtuous leaders and allow faster and better learning. He did have a negative attitude to the dress code at first. |
PRO | Mr. Jay Polley, student at North Star, asked that more charter schools are encouraged. Teachers are great and can handle 32 kids per classroom, and faster and better learning takes place. He is working on his Eagle scout and the school provides many opportunities for service. |
PRO | Mr. Jordan Borup, student at North Star, asked that charter schools be expanded. Admitted he hasn’t always liked school because he struggles with math, but his sisters love it . His sisters are learning Spanish, and he is amazed at how well they speak it. |
PRO | Mrs. Leela Schafer, homemaker and teacher, supports charters. She has two daughters at Liberty and said she appreciates all the testimony given today. |
PRO | Mrs. Lourieann Shoemaker, parent, is pro education opportunity. She thanked parents and charters schools they are enablers and Idahoans want choices. She said even though she was provided an abundance of education opportunities in the East at the best schools, she wants more for her daughter. Enable charters through laws and come up with a solutions to the problems. |
PRO | Mr. Terry Bower, parent and business owner, voiced his support for charter schools. He said charter schools are holding parents, students and schools accountable. At Liberty the ISAT scores are excellent, and students are reading above grade level. |
PRO | Mr. Alan Jones, foreman, stated he is the parent of an IDVA student and maintains an education that allows freedom to choose works best. He is thankful for the charter school laws and the flexibility the IDVA allows with family schedules his wife is much more at ease. Children learn more when everyone is happier. |
PRO | Mrs. Vicki Asay, homemaker, stated she is a proponent of charter schools and school choice. Her family interviewed principals at several schools, and they were disappointed at what was available for Gifted and Talented students, so they chose Liberty Charter. She acknowledged that public schools provide many services to many students. Urged that charter school legislation be made stronger and clearer. |
PRO | Mr. Reed DeMordaunt, parent, began by saying he has seen empowered parents here today! The question is how we can empower more, and the answer seems to be in charters. Charter schools are characterized along economic lines, but there is research showing this is not the case, i.e. Delaware Charter School. He encouraged that we create a policy providing incentives and that we look at other authorizing bodies. |
CON | Ms. Molly Lazechko, Legislative Chair, Retired Educator’s Association, stated that her association has concerns about expanding the number of charter schools because it could drain public school district’s budgets and fund elitism. They fear school districts’ ability to maintain a diverse student body and they believe in absolute accountability (Attachment 24). |
PRO | Mrs. Linda Erving, parent, spoke in support of the IDVA. She has six children and they are now enrolled in the IDVA where they don’t have to deal with negative attitudes and no lunch they can focus on their studies. |
PRO | Mrs. Stacy Holton, parent, stated she has children enrolled in the IDVA and thanked the committee members for their support of that school. |
Written testimony was submitted by Mrs. Theresa Mccollum (Attachment 26) and by R. Paul Walker (Attachment 27). |
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ADJOURN: | Senator Schroeder thanked everyone, saying their testimony will be considered. The joint meeting was adjourned the meeting at 11:40 A.M. |
DATE: | January 23, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Vice Chairman Lake, Representatives Rydalch, Cannon, Kulczyk |
GUESTS: | Please refer to presenters highlighted below and to the committee sign-in sheets. |
Chairman Barraclough called the joint meeting to order at 8:38 A.M., welcoming everyone. He informed the committees that 78 people testified on charter schools on Thursday. |
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Dr. Carolyn Mauer, Bureau Chief of Curriculum, State Department of Education stated she is the liaison for charter schools in Idaho. She introduced eight charter school administrators who are in Boise for a workshop this week. Those introduced were Gary Messinger, Meridian Medical Arts Charter High School, Meridian; Matt Dorsey, Thomas Jefferson Charter School, Caldwell; Nancy Smith, North Star Charter School, Eagle; Anita Ogden, White Pine Charter School, Idaho Falls; Larry Slade, Idaho Virtual High School; Chase Trap, Idaho Virtual Academy, Pixie Vasquez, Sandpoint Charter School, Sandpoint; Steve Adams, Idaho Leadership Academy, Pingree. |
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Mr. William von Tagan, Deputy Attorney General, Intergovernmental & Fiscal Law Division, provided copies of an Attorney General’s Legal Guideline in response to Senator Schroeder’s September 15, 2003 letter in which he asked two questions about the separation of powers (Attachment 1. The two questions asked were: 1. Does the State Board of Education’s order that the State Department of 2. Is the State Board of Education’s order to base funding on “average per-pupil |
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Mr. von Tagen explained that the powers of the government in Idaho are divided into three distinct departments, the legislative, executive and judicial, and lines can’t be crossed. Art. IX, sec. 1 of the Idaho Constitution states that “…it shall be the duty of the legislature of Idaho, to establish and maintain a general, uniform and thorough system of public, free common schools.” Art. IX, sec. 2 of the Idaho Constitution provides that “… [t]he general supervision of the state educational institutions and public school system of the state of Idaho, shall be vested in a state board of education, the membership, powers and duties of which shall be prescribed by law.” Mr. von Tagen concluded that only the Idaho Legislature has plenary |
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A committee member asked if the characteristics are different for a charter school when the charter is authorized by a district school board, and Mr. von Tagen said basically yes. Another question was asked how the formula applies when students come from a In response to what happens if the Board fails to carry out its powers or they go Chairman Barraclough asked what Mr. von Tagen’s counsel would be in the case When asked about the draft rules where the Office of the State Board would be |
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Mr. Tom Farley, Chief, Bureau of Federal Programs, State Department of Education, addressed questions that surfaced in previous meetings about possible unexpended federal funds and provided a spreadsheet showing “Expenditure of Funds Awarded to the Idaho Department of Education” (Attachment 2). At the close of the 2001 federal funding cycle, which closed December 31, 2003, Idaho had $29,066.46 that was not drawn from available federal appropriations or expended. Of the $94,574,280 of the U.S. Department of Education federal funds made available July 1, 2001 this represents approximately .03 of one percent of the available funds as shown on the SDE and federal produced reports. There are various reasons why this money wasn’t spent, and in some cases, it was not feasible to spend all of the funds. Mr. Farley explained due to a twenty-seven month spending authority, Mr Farley responded to committee questions as follows: How does the money on the table for NCLB that we heard about earlier in the Define obligation and expenditure. Appropriation is the amount identified; What’s creating the discrepancy in what we were told earlier about NCLB funds When does the 27-month period begin and end? It begins July 1 and ends |
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Ms. Kathy Phelan, President, Idaho Education Association, congratulated the committees on the past three days of hearings. She stated we’ve heard testimony that begins the process of defining what public education means to Idaho. Ms. Phelan provided her thoughts on the hearings held for NCLB, ISAT, and charter schools, and then presented the IEA’s testimony on charter schools (See Attachment 3). NCLB “Tuesday we heard about the so-called NCLB federal mandate. ISAT – “Wednesday we heard that if we adopt a so-far unproven exit Charter Schools “Yesterday we heard about the effectiveness of small She offered three important improvements: (1) adding clarification |
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Dr. Randy Thompson, Chief Academic Officer, Office of the State Board, presented his report on “The State of Charter Schools in Idaho”. Dr. Thompson said as mandated under Idaho Code 33-5212, the OSBE shall review the education effectiveness of charter schools under the provisions of this chapter and shall report to the legislature no later than July 1, 2004. A Subcommittee has been appointed and the members are Laird Stone, Chair; Karen McGee; Blake Hall; and Marilyn Howard. The legislative intent is to: Improve student learning Increase learning opportunities/expand learning experience Include different and innovative teaching methods Utilize virtual distance and on-line learning Create new professional opportunities for teachers Provide parents/students with expanded choice Hold schools accountable Dr. Thompson provided the following information regarding public charter The charter school appeal process as defined in Rule 33-5207(5)(b) Dr. Thompson reported that OSBE identified 17 current issues with input The Board responded by drafting temporary rule 08.02.04 that:
The Board has issued a guidance memorandum addressing average daily |
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Senator Schroeder asked if this is his statutorily required report to the Legislature, and Dr. Thompson said he meant to talk to both Chairmen about this. A lengthy question and answer period followed with questions centering (1) Appeal Process There seems to be an inconsistency in the spirit of the Senator Schroeder reminded Dr. Thompson that based on Mr. von Tagen |
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(2) Success of charter schools and the plan to integrate innovative ideas and practices into the traditional schools — In response to questions about the successes in charter schools and the plans/recommendations to integrate innovative ideas and practices in the traditional public schools, Dr. Thompson indicated that one method widely used by charter schools is the Harbor method, and this method has been adopted by one school in the Boise School District. He also mentioned that he has had conversations with higher education to look at the methods being used and incorporate the best practices into their future course work. It was pointed out that individualized training, small classes, students working at their own pace are not luxuries afforded to traditional schools. Dr. Thompson assured them the Board would be working to analyze the different types of techniques and would recommend how these innovations can be incorporated into the traditional schools. (3) Selectiveness of students and access to all — Dr. Thompson was asked (4) Measuring growth of students without a standardized test — You |
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Dr. Bob West, Assistant Deputy State Superintendent, State Department of Education, presented the Department’s testimony on charter schools (Attachment 4). “The Idaho State Department of Education (SDE) recognizes charter schools to be an important choice within the public school system of Idaho. It is important public policy.” Dr. West provided background information on charter schools, stating that Idaho is one of 40 states and the District of Columbia that has passed charter school legislation. He provided a table listing which entities grant charters in various states, indicating that only Idaho and California allow an appeal to the state board of education (Attachment 4). Dr. Howard has sought and has received two highly competitive federal Dr. West addressed Idaho charter schools and the current issues |
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One of the issues that has been raised for several years is the official legal status of a charter school, because it is organized under the nonprofit corporation act. The Deputy Attorney General said charter schools are public schools for all purposes (Idaho Code 33-5204). Charter schools authorized by district trustees are part of the school district in which they are located, though they operate independently within the district according to what is in the charter. Although the schools are organized under the Idaho Nonprofit Corporations Act, Idaho Code 33-5204(1) provides that “…The board of directors of a charter school shall be deemed public agents authorized by a public school district or the State Board of Education to control the charter school… A charter school shall be considered a public school for all purposes.” To help clarify what it means to be a public school, and to reinforce what All governing board business of charter schools be open and follow the The description of 7 components of Legislative intent given in Idaho Code 33-5202 that describe the purpose for charter schools seems to need clarification at Elections of charter school governing boards needs to be addressed and The selection for enrollment of the number of students, where the number of The process of how school boards or the state board may better deal with a School districts are liable for acts or omissions of charter schools where federal The funding of most charter schools seems to be working fine within the There is concern that charter schools do not reflect the degree of diversity of Dr. West concluded that by in large most charter schools, particularly |
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Responses to committee questions follow:
How does Nampa II charter school fit into the first paragraph on page 5,? Dr. When asked about data on the socio-economic makeup of charter school, Dr. On page 5, wouldn’t it be better to have complete separation in statute because On page 4, selection process, would new charter schools give preference to Are public schools as equitable as we think, because some parents get a job in |
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Ms. Teresa Molitor, Vice President of Human Resources and Education, Idaho Association of Commerce & Industry (IACI), reported that last month IACI’s Board of Directors approved education policies that, in part, express support for innovations in public education (Attachment 5). IACI has been pleased with the efforts by the State Board of Education (OSBE) that attempt to appropriately promulgate rules addressing the “one-size-does-not-fit-all” issue in public education, including rules on charter schools and accountability. Based upon IACI’s reading of the Idaho Constitution, Idaho Code, and Ms. Molitor has been informed that in the past the OSBE focused on |
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Mr. Gary Stivers, Executive Director, OSBE, reported on the flow of federal education dollars for school year 2003 (Attachment 6). He stated that Idaho received $136,548,362 in federal grant monies and $131,438,004 was distributed to the SDE to administer the pass-through funding to local districts to implement activities. Of the $136,548,362, $5,110,358 went to the OSBE for oversight and policy development responsibilities. Figures are broken down for all of the Title I through Title VIII programs and for special education. A breakdown of the $13,138,295 for Title II-A, improving teacher quality, Mr. Stivers talked about the Title VI funds targeted for state assessments Mr. Stivers was asked whether some of the NCLB federal funds could be |
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Dr. Bob West, Chief Deputy State Superintendent, provided testimony of Rule Making and Federal Programs Administration on behalf of Dr. Marilyn Howard, Superintendent of Public Instruction (Full testimony, Attachment 7). The Legislature establishes and authorizes the system, the State Board provides general supervision and control through administrative rules and policy based on what the legislature sets up, and the SDE is charged with executing the policy and the enabling laws of K-12 public education. The SDE recognizes the separation of powers through which laws and ultimate public policy are created by the Legislature, and through which administrative rules are created by the State Board, as authorized by the Legislature. These things are mentioned to draw your attention to the Temporary/Proposed rules for charter schools, not yet before the legislature for review, but which the SDE will be charged with helping to implement. A letter was written to the Deputy Attorney General to get his guidance on A good part of the issue surrounding these concerns deals with who has Regarding the division of responsibility for the implementation of federally SDE cited problems as (1) the inevitable learning curve to orient people in |
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Senator Nay thanked Dr West for calling their attention to the breakdown of the consolidated plan. |
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ADJOURN: | Representative Barraclough thanked all who attended and commented we have great challenges ahead. Senator Schroeder suggested they all get credit hours for their efforts this week. The meeting was adjourned at 11:35 A.M. |
DATE: | January 27, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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MINUTES: | Minutes from January 14, 20, and 21, 2004 were reviewed. Representative Andersen made a motion to accept the minutes of January 14 as printed. The motion carried by voice vote. Representative Lake made a motion to accept the minutes of January 20 as printed. The motion carried by voice vote. Representative Rydalch made a motion to accept the minutes of January 21 as printed. The motion carried by voice vote. |
Chairman Barraclough thanked the committee for their persistence last week in the joint meetings. He briefly discussed the seriousness of the situations regarding Liberty’s charter and funding for the Idaho Virtual Academy. He said several people are working on charter school legislation and there are ongoing efforts to lengthen the charter renewal period. Chairman Barraclough voiced his concern about what happens to Liberty may affect new charters. The bank will withdraw its support if the charter is not approved. The debate last week was centered on the role of public charter schools and how to use them to improve the education system; they are incubators for the system. Representative Trail pointed out that people tend to forget that many charters are working very well. Representative Rydalch mentioned that with all the problems in Nampa there is no alternative viewer except for the school board, creating a “no win” situation. We need to make the playing field even. Representative Boe asked for NCLB suggestions, and Representative Jones mentioned he has a report that might help. |
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Dr. Michael Burke, President, North Idaho College (NIC), briefed the committee on current activities at NIC. NIC was founded in 1933 and is the oldest college in Idaho. A 1934 College Annual was passed around that showed pictures of the four staff members, five graduating seniors and 54 freshman. Dr. Burke presented highlights from NIC’s 2003 annual report:
Representative Rydalch suggested that Dr. Burke contact the U.S. NIC is growing dramatically in the professional technical and GED Dr. Burke responded to questions from the committee.
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Dr. Dene Thomas, President, Lewis-Clark State College(LCSC), introduced Tony Fernandez, Provost, LCSC; Whitney Pugh, Director of Finance, LCSC; and Justin Coleman, President, ASLCSC. Dr. Thomas began her annual report to the committee, by stating it has been an interesting 2-1/2 years since she took over at NIC. She stressed that LCSC hires good teachers and they each teach four classes per semester. LCSC’s role and mission includes baccalaureate and associate degree LCSC’s budget is tied to actions, and they have made dramatic progress Accomplishments cited in the instruction area were:
LCSC’s placements rates are very high 96% for academic programs Dr. Thomas said even the athletic programs are thriving, even though she Representative Trail said the multipurpose site is impressive and relayed Dr. Thomas responded to the following questions:
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Chairman Barraclough thanked Dr. Burke and Dr. Thomas. He asked Justin Coleman, LCSC Student Body President, to tell about himself. Justin said he is a history and political science major and wants to go onto law school. Dr. Richard Moore, Professor, was also introduced. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:40 A.M. |
DATE: | January 28, 2004 |
TIME: | 9:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:40 A.M. with a quorum being present. |
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Chairman Barraclough informed the committee that after the testimony last Thursday, Micron stepped up to the plate and provided a $150,000 grant to the Idaho Virtual Academy (IDVA). Apparently there are several Micron families who take advantage of the IDVA because of their extensive travel schedules. This is an exemplary example of the value of this program for the children. He also mentioned that Dr. Marilyn Howard presented the State Department’s Public Education Budget to JFAC on Tuesday and asked for additional funds. Nothing was mentioned about the $800,000 trimmed from busing costs by one of his districts. The Joint Legislative Oversight Committee will be meeting tomorrow to review how transportation money was spent in 10 Idaho school districts. Also this afternoon in the Republican Caucus Room, an assistant to Deputy Undersecretary Eugene Hickok will be available to answer questions about NCLB. |
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Chairman Barraclough introduced Mr. Gary Michael, acting President, University of Idaho (UI), and former CEO of Albertsons, saying this may be a bad day to come before the committee in light of the announced student fee increases. UI will be selecting a new President in the next few weeks. Mr. Michael said today he would like to share with the committee his observations of his past eight months in education.
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Mr. Michael responded to the following committee questions.
Trends in recent grant money? He doesn’t have those numbers. How much does UI spend on remedial courses? Not as much as other In light of the recent discussions on chartering entities, how would you Were student groups cut out of the decision process, because shortly Are you aware of the redesigning of programs taking place at NIC & Is it important to proceed with standards and resources rather than Mr. Michael indicated that in 1998 the state funded 45% of higher |
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Representative Block told Mr. Michael that his former classmates are very proud of him and think he is a credit to the state. Representative Trail thanked him for providing leadership at a difficult time and for addressing the fiscal problems. Mr. Michael said he doesn’t deserve the credit, but then he has arthritis and he doesn’t deserve that either. When he was asked what he planned to do in retirement, he said he hopes he doesn’t flunk retirement. He is actively involved with 10 different companies at present, and he plans to stay very engaged. He said it has been fun to be at the UI and hang out with smart people. |
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Dr. Randy Thompson, Chief Academic Officer, Office of the State Board of Education was asked to present his information on the Consolidated Federal Plan. He asked to defer his comments until the plan is completed and approved. |
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Vice Chairman Lake was asked to give an update on the status of the agency rules. He said the subcommittee’s work is now complete. Representative Trail’s subcommittee has prepared a letter with their recommendations, and the ISAT subcommittee voted to recommend the rule be adopted, except for Sections 105 and 107. The full committee is scheduled to vote on the rules tomorrow morning. |
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Representative Garrett stated that the ISAT is a major issue facing the education community. Without the opportunity to ask questions in the joint meeting last week and not having the benefit of the testimony and answers to questions asked in the subcommittee, she is feeling much frustration. She said this is probably one of the most important decisions she will be making this session, and she needs this information when she meets with her constituents. Representative Garrett said she doesn’t have a complete copy of the Representative Lake said the subcommittee asked Dr. Howard if we |
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Dr. Thompson was asked if he would yield to questions about exceptions for LEP students and those students on an IEP. Dr. Thompson clarified that this rule was developed to meet the legislative requirement that students and teachers will be held accountable in 2005. The rule was built with two components. One component will address the elements required by NCLB (proficiency scores and adequate yearly progress) and the other (Sections 105 and 107) will address state and federal graduation requirements. Section 105 does not replace a district’s credit hour requirements nor does it replace the end of course tests given by teachers. Section 107 allows for a phased in approach and allows time for students to prepare. One of the legal issues with other states has been how long the students have been exposed to the standards, thus the two years of phase in. Dr. Thompson said he is very concerned about fairness to special education students because he has a granddaughter who has special needs. He mentioned the efforts by the superintendents to develop alternative graduation requirements. The State Board will review the alternative developed for graduation, but not mandate them. He closed by saying he is available day or night to review these issues and answer questions. |
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Ms. Carissa Miller, Program Manager, Assessment and Accountability, Office of the State Board of Education, informed the committee that on February 3 and 4, they will have an opportunity to take or review the ISAT test at Boise High School. They will be required to sign a disclosure statement, and the test will be delivered on a computer. They can take all three of the components or 1 or 2, and it takes approximately 40-45 minutes. |
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Dr. Thompson clarified that (1) the ISAT does not replace the GED and (2) local district alternatives will need to be in place prior to 2006 to provide a safety valve. He said there is not a teacher in Idaho who doesn’t want children to succeed, and we need to help them. Representative Rydalch asked about the process for teachers and the public to receive information about the ISAT and NCLB. She is concerned that if teachers do not belong to Education, Inc. they are not receiving the needed information. Ms. Carissa Miller is providing training and the State Board and the State Department are working together on this issue. Dr. Thompson closed by saying he takes exception to the comments about the OSBE and the SDE being at war, and he assured the committee that they do work closely together and share information. Information is being put on the website to help educate everyone, and there are regular articles going out to the school boards. |
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Chairman Barraclough said it is the sense of the chair that the committee needs more time to review the rules. Therefore, we will not vote on the rules tomorrow. He does not believe in railroading the members. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 11:05 A.M. |
DATE: | January 28, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Subcommittee Chairman Lake, Representatives Jones, Block, Bauer, Eberle, Kulczyk, Bayer, Boe, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please refer to the presenters highlighted below and to the committee sign-in sheet. |
DOCKET NO.
08-0203-0301 |
Representative Lake, Subcommittee Chairman, called the meeting to order at 8:35 A.M., informing the subcommittee that the purpose of this meeting is to approve or reject Docket No.08-0203-0301. We have all heard a lot of testimony the last few days about the ISAT, and no one is saying to quit or not to proceed. |
Representative Eberle asked for clarification about making changes to the rule, and Representative Lake explained that they could reject portions/sections of the rule, but not add or change the wording. |
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MOTION: | Representative Eberle made a motion that the subcommittee recommend to the full committee that we adopt Docket No. 08-0203-0301 as written. Representative Block debated against the motion, stating that her four Representative Boe asked for clarification of several Subsections under Section 111, page 35. Ms. Karen Gustafson, OSBE, responded saying Representative Kulczyk asked how much has been spent on remediation |
Representative Sayler presented his comments/concerns about ISAT to the subcommittee.
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Representative Block stated she is proud of her school districts because they are supportive of standards, accountability, and improving the curriculum, and all they have asked is for more time to prove ISAT is valid and reliable. She said she will be voting “no” on the original motion. She is willing to help get the test to a point of reliability. |
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SUBSTITUTE MOTION: |
Representative Jones made a substitute motion to recommend to the full committee that we approve Docket No. 08-0203-0301 except for Sections 105 and 107 that deal with graduation requirements. |
To respond to questions about not accepting Sections 105 and 107, Dr. Thompson thoroughly reviewed those sections of the rule (Attachment 1). He emphasized that the graduation requirements are designed to be phased in, and we will only be testing at a 10th grade level. He said Mr. Blake Hall, President of the Board, fears the ISAT may not be difficult enough. Representative Block asked Dr. Thompson how long it would be before they would have the results from an outside review? He said the Board is working with a national researcher to build the RFP and to select the review company. He is hopeful to have the analysis before the beginning of the next school year and any changes made by October. |
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AMENDED SUBSTITUTE MOTION: |
Representative Kulczyk asked if the full committee will have the final vote on this rule, and Representative Lake said they would. Representative Kulczyk made an amended substitute motion to send Docket No. 08-0203-0301 back to the full committee with no recommendation. Representative Boe opposed the amended substitute motion. Representative Lake stated that it was the responsibility of the subcommittee to provide a recommendation to the full committee. |
Representative Bayer asked if he might make some general comments.
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Representative Eberle said he agrees with Representative Sayler and it was with great trepidation that he moved to adopt this rule. He is more afraid of not going ahead “paralysis of analysis”. He said the graduation requirements do provide alternatives, we need to take the first step. |
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VOTE ON AMENDED SUBSTITUTE MOTION: |
There being no further debate, a vote was called for on the amended substitute motion to send Docket No. 08-0203-0301 back to the full committee with no recommendation. The motion failed by an 8 to 1 vote. Representatives Lake, Jones, Block, Bauer, Eberle, Bayer, Boe, and Sayler voted “nay”, and Representative Kulczyk voted “aye”. |
Representative Jones stated we need to ensure legislative accountability and with cuts in technology and ISIMS coming on line this year, the graduation requirements are just another mandate. Representative Sayler said he would be supporting the substitute motion. Representative Bayer asked the consequences of deleting Sections 105 and 107. Dr. Thompson responded by saying it would eliminate the graduation requirements, leave the federal requirements in place, and not jeopardize the other requirements. Representative Jones explained that by eliminating this portion of the rule, the State Board has the authority to reimplement it as a temporary rule. Dr. Thompson stated the State Board appreciates direction, and this rule was driven from the business community and the legislature. |
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VOTE ON THE SUBSTITUTE MOTION: |
There being no further debate on the substitute motion to adopt Docket No. 08-0203-0301, except for Sections 105 and 107, the Chair called for a roll call vote and the motion passed by a 6 to 3 vote. Representatives Jones, Block, Bauer, Bayer, Boe, and Sayler voted “aye”, and Representatives Lake, Eberle, and Kulczyk voted “nay”. |
DATE: | January 29, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:07 A.M. with a quorum being present. |
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MINUTES: | The minutes of January 22 were read, and Representative Lake made a motion to accept the minutes as printed. The motion carried. |
Chairman Barraclough informed the committee that the Office of Performance and Evaluation will present two reports this afternoon at the J.R. Williams Building between 3:00 p.m. and 5:00 p.m. The reports are “Fiscal Accountability of Public Transportation” and “Administration and Oversight”. The Office of Performance and Evaluation has agreed to come before the committee to present their findings. |
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Mr. Randy Tilley, Financial Management Analyst, Division of Financial Management, reported on the Governor’s public school budget request. He received his BA at Idaho State University and his Masters from Boise State. He worked in state government for 20 years, and he has been with the Division of Financial Management for 10 years. He is much more familiar with inmate counts than with pupil counts, since he recently replaced Jeff Shinn who is now the Fiscal Officer for the Office of the State Board of Education. |
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Mr. Tilley provided the committee with a spreadsheet titled, “Comparison of Public Schools Budget Proposals” (Attachment 1). The spreadsheet shows a comparison of where we were last year, the Superintendent of Public Instruction’s FY 2005 request, and the Governor’s request (shaded area). Mr. Tilley compared the figures on the Governor’s request with those of |
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Mr. Tilley explained that they did not factor savings predicted by JLOC nor did they consider the findings of the Office of Performance Review since those reports are just being released. They rely on the expertise of the economic projection’s staff to predict the overall revenue forecasts, and they rely on equalization from one area to another. When looking at overall budgets they look at funds available for out years. There may be savings this year, but support units may also be going up. |
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Mr. Tilley responded to committee questions:
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Chairman Barraclough informed the committee that he would be reporting to JFAC on the education budget on February 11, and he needs their input. He mentioned that JFAC hopes to set the final budget by February 26, and it is predicted they will have to cut the Governor’s budget for all agencies by $18 million. Concerns were voiced by committee members about whether these figures take into consideration the growth of charter schools, where does the IDVA fit, and the fact that the school superintendents brought forth S-1560 eight years ago, and now it seems we are going backwards. Representative Barraclough said these are all valid concerns/questions, and Dr. Howard will be before you on Monday so keep these in mind. A committee member brought up the fact that virtual schools don’t fit the |
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Chairman Barraclough said this is just the opening round on budget discussions, and he will be glad to schedule in people to address the concerns voiced here today. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:20 A.M. |
DATE: | January 30, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Bradford and Nielsen |
GUESTS: | Please see presenters highlighted below and to the committee sign-in sheets. |
Chairman Barraclough called the meeting to order at 8:40 with a quorum being present. |
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MINUTES: | Minutes for January 19, 2004 for the Trail subcommittee (A) meeting were reviewed. Representative Cannon made a motion to accept the minutes as written. The motion carried. |
The Chairman introduced Ms. Erin Hindman, Recruitment Manager, and Ms. Buffy DeBreaux-Watts, Director of Marketing & Outreach, American Board for Certification of Teacher Excellence. Ms. Watts provided a brief overview of what they do. The American Board is recognized as an approved provider of teacher certification in the new federal No Child Left Behind Act of 2001. Current certifications are available in Elementary Education (grades K-6); English (grades 6-12); and Math (grades 6-12). Candidates must have a Bachelor of Science Degree, provide official transcripts, have an FBI check and meet one of two American Board standards. Ms. Watt stated the American Board for Certification of Teacher |
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Mr. Tim Hill, Bureau Chief, Finance and Transportation, State Department of Education (SDE), provided an overview of Idaho’s Public School Foundation Formula (Attachment 1). He explained this is a very complicated formula that drives half of the public school funds, and he is here only to provide facts, not to take sides. He mentioned he spent 20 years in banking prior to coming to the SDE. For most of the members this is a refresher course, and there will be a test at the end they have six tries to pass. Mr. Hill walked the committee through the attached charts. Due to time constraints, questions were deferred. |
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Mr. Ned Parrish, Principle Performance Evaluator, and Chris Shoop, Evaluator, Office of Performance and Evaluation, were introduced. It was explained that they have completed the reports on “Pupil Transportation” and “Administration and Oversight”. Next, they will be looking at certification for superintendents and principals and business managers, school support and classified positions. Their focus is to look at ways the state can improve and look at school district accountability. |
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ADJOURN: | Representative Andersen asked for clarification about what the Chairman’s February 11 presentation to JFAC will entail. Chairman Barraclough said the focal point is what issues the committee would like taken forward. It will be beneficial for the committee to give direction, especially when it comes to intent language. There being no further business to come before the committee, the meeting was adjourned at 10:12 A.M. |
DATE: | February 2, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please see presenters highlighted below and refer to the committee sign-in sheets. |
Chairman Barraclough called the meeting to order at 9:07 A.M. with a quorum being present. |
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MINUTES: | The minutes of January 23, 2004 were reviewed. Representative Andersen made a motion to accept the minutes as printed. The motion carried. |
Chairman Barraclough briefed the committee on the voluntary opportunity to review or take the ISAT test online at Boise High School Tuesday and Wednesday evenings. There will be a numbering system so no one will know who took which test, but you should be able to find out how you scored. Representative Sayler introduced two teachers from Coeur d’Alene, Ms. Sandy Bain and Ms. Willow Hanna. Vice Chairman Lake will be chairing the Tuesday morning meeting. |
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Chairman Barraclough summarized his thoughts on the overall budget situation, keying in on education. He said a 12-member legislative committee has predicted lower economic projections than the Governor’s staff, so there may be less money available. The Governor looks at the overall budget and compares all agency requests before making his recommendation. JFAC looks at all of the budgets and massages them. It is not fair to continually cut other agencies, i.e. if Idaho Department of Water Resources is cut, the Snake River Basin project may be delayed or scrapped after 20 years of work. He is hearing that higher education is concerned about K-12 budgets being increased. He feels there are ways to cut the K-12 budget and mentioned the efforts of District 93 and 91 to cut transportation costs. He asked is the $39 million increase for public education more important than clean water? He doesn’t get a sense that the State Department is trying to run public schools more economically. He emphasized that he is not anti-education, but is pro accountability. |
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Dr. Marilyn Howard, Superintendent of Public Education, State Department of Education, stated “she is happy to be here”, even after those comments. She is pleased that Tim Hill had the opportunity last Friday to spend some time with the committee explaining the funding formula used for public schools. She credited him with being very accurate on the numbers predicted these past few years. The department does think of ways to keep the budget on an even keel The1% salary increase in her budget is in line with the Governor’s |
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Mr. Tim Hill, Bureau Chief, Finance and Transportation, provided a spreadsheet entitled “Public School Support Program, Distribution Factor” (Attachment 1). He covered the items under Program Distribution, providing the following information.
Mr. Hill pointed out the reduction in dedicated funds, saying the Land |
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A lengthy discussion followed that centered on two major concerns: (1) technology funding not recommended in the Governor’s request; and (2) funding for the Idaho Virtual Academy (IDVA). Technology Funding: The following points were made during the
Funding for the IDVA: The statute governing charter schools exempts them from the same
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Dr. Howard responded to findings in the report developed by the Office of Performance Review. In terms of administrative staff, several things occurred in recent years. Sixteen charter schools opened, two schools were de-consolidated, and districts have hired curriculum and information technology directors who are not always in instructional positions. She indicated that the SDE strives for efficiencies and the technology dollars have been put to good use; ITCL reports are required to show how dollars were spent. The IRI creates efficiencies over time. Because of the expectations to teach each student, and additional classified staff has been hired for support. When you think of the outcome, the SDE is targeting resources. |
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Representative Barraclough said his comments may have been harsh and direct, but he believes in spending efficiency, better students and teamwork among the State Board, the Department, the Legislature and the school boards. Dr. Howard said they have been a team in implementing standards and starting Idaho on the right pathway. The appropriations have allowed this to happen. The atmosphere across the state is enthusiastic; there is more to do, but they know what to do. Dr. Howard addressed questions about the State Board looking at a |
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RS13634 | Representative Andersen presented RS13634 to the committee. This RS would allow education employees to use accrued sick leave to offset workers’ compensation pay in order to bring the employee to his or her regular salary level. State employees already have this option, and the Attorney General’s office said this change is needed. |
MOTION: | Representative Nielsen made a motion to introduce RS 13634. The motion carried by voice vote. |
RS13563 | Representative Bolz presented RS 13563 to the committee. The purpose of this RS is to allow school districts who contract school bus transportation services the opportunity, on a one-time basis, to renew the transportation contract with the current contractor for up to five years. Basically, this would address inequities because of depreciation issues. |
MOTION: | Representative Cannon made a motion to introduce RS 13563. The motion carried by voice vote. |
ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 11:25 A.M. |
DATE: | February 3, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Vice Chairman Lake called the meeting to order at 9:07 A.M. and turned the gavel over to Representative Jones while he presented legislation in the State Affairs Committee. |
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MINUTES: | Minutes from January 27, 28 (2 sets), 29 and 30, 2004 were reviewed. Representative Cannon made a motion to accept the minutes for January 27 – January 30 as printed. The motion carried by voice vote. |
Mr. Brent Reinke, Director, Idaho Department of Juvenile Corrections (IDJC), provided an overview of what Idaho’s program looks like. The IDJC provides services to adjudicated youth committed to its custody. Their mission is to “prevent and reduce juvenile crime in partnership with communities”. The Idaho population of 10-17 year olds now stands at 170,936. There are 17 youth in out of state facilities. Mr. Reinke stated that 82.6% of Idaho’s youth never get arrested. The facility population was broken down by percentages. 90.9% male and 9.1% female 93.9% are white, 4.2% American Indian, 1.6% black, and 0.32% Asian. Ethnicity figures are 79% non-Hispanic and 21% Hispanic Average age is now 15.7 where in 1999 it was 16.4 Crime level is 51.4% felony; 38.8% misdemeanor; 9.8% probation violation Typically the youth will spend about 16.4 months in custody and may be Mr. Reinke said the juvenile court system has been a positive tool. All 44 |
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A discussion followed and Mr. Reinke provided the following information.
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Dr. Glenda Rohrbach, State Education Coordinator, Idaho Department of Juvenile Corrections, stated they are very proud of their education programs. They are accredited through the Northwest Association of Schools and Colleges. This allows students to return to local education agencies and receive credit for work completed within the IDJC programs. Student performance (Attachment 1) is measured on the Idaho Standards IDJC tries to discourage GED tests unless it is not practical for a student to Dr. Rohrbach explained that 93 of the students in IDJC’s three facilities are IDJC received federal funds from Title I and has a memorandum of |
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Dr. Rohrbach mentioned she was excited about ISIMS because this would allow them to make decisions based on data. She explained they only had 10 computers with 140 students at St. Anthony to take the first ISAT exam. Since that time they have received an Albertson Foundation Grant which has allowed them to connect to T1 lines and install a network. She was asked if there are programs for parents to help them be better parents, and she said the public schools have some programs. One program that did make a difference was having community social workers in the public schools. When asked about the difference in the GED and a high school diploma, she said she feels a diploma is more highly regarded by the military and secondary education. |
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Vice Chairman Lake returned from State Affairs and assumed the chair. | |
Representative Jones briefed the committee on a legal opinion that was commissioned by the National Conference of State Legislatures (NCSL). Apparently several studies have been conducted, suggesting that the funds appropriated by the federal government are not adequate to cover the expenses the law imposes on state governments and local school districts. In other words, NCLB constitutes an unfunded mandate on state governments. Because several state legislatures have expressed interest in the wording of Section 9527(a) of the NCLB Act, NCSL requested a legal opinion be given. Although the words of Section 9527(a) are straightforward, what they mean and how they might be used to forestall the imposition of unfunded mandates is complicated. The NCSL made it clear they have no position regarding possible legal Representative Jones walked the committee through the various parts of The core of the brief is found on page 7, which provides Sec. 9527 in its A discussion followed regarding Idaho’s position, and the bottom line for |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:36 A.M. |
DATE: | February 4, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Bauer |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheets. |
Senator Schroeder called the joint meeting of the House and Senate Education Committees to order at 8:40 with a quorum being present. He introduced Chairman Barraclough and Vice Chairman Lake from the House Education Committee and Vice Chairman Gannon from the Senate Education Committee. Chairman Barraclough mentioned that yesterday, two-thirds of the House Education Committee took portions of the ISAT, administered by three specialist from NWEA, at Boise High. He proudly announced that his mother was once Boise PTA President. |
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Ms. Shirley Block, Idaho PTA President, introduced herself as a mother of two, a registered nurse and a PTA member. The Idaho PTA was established in 1905 and now has 8,000 members, and there are six million members in the U.S. The advantages of being a PTA volunteer are getting to know the principals, teachers, and other parents with similar goals, hopes, and fears. PTA advocates for children through legislation, supporting public Ms. Block reviewed the Objects and Mission of the Idaho Congress of “For every child the right to grow in stature, strong and free, and grace to grow in fellowship in his own right to be, a noble, useful citizen endowed with liberty” |
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Ms. Barb Bode, Engineer, presented the Idaho PTA Legislative Priorities for 2003-2004. She addressed issues and bill changes proposed by the PTA. Their priorities and their position statements are found in Attachment 2. State Achievement Standards and Accountability: Idaho PTA supports Charter Schools: PTA supports charter schools, but also seeks Education Funding: Idaho PTA supports Dr. Howard’s proposed budget. Property Tax Replacement Fund Cap: Idaho PTA opposes the Safe School Facilities: Idaho PTA supports repealing all statues Second Hand Smoke and Tobacco Use: Idaho PTA supports S1120 |
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Throughout the presentation the message about the extreme importance |
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Mr. Craig Olson, J.A. and Kathryn Albertson Foundation, presented the members with an update on the Idaho Student Information Management System (ISIMS). He introduced the other members of the ISIMS team from the Albertson Foundation: Wayne Rush, Nissa Crawford, Roger Widner, Bob Haley, and Gale Hogan. Also introduced was Rich Mincer, State Department of Education. Mr. Olson described the makeup of the partnership to make ISIMS a ISIMS Mission … “To equip the Idaho educational system stakeholders Mr. Olson described the system components, software packages chosen
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Mr. Rich Mincer, State Department of Education, informed the committees that he communicates with all 50 states on a regular basis, and all of them are looking at a statewide system. Idaho will be the first to implement a system that integrates curriculum and a student management system into one. British Columbia is looking at the Idaho model. |
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ADJOURN: | Senator Schroeder adjourned the meeting at 11:00 A.M. |
DATE: | February 5, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see the committee sign-in sheets. |
Chairman Barraclough called the meeting to order at 9:04 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 2, 2004 were reviewed. Representative Bradford made a motion to approve the minutes as printed. The motion carried by voice vote. |
Docket Nos.
08-0202-0301 08-0202-0302 08-0202-0303 08-0202-0304 30-0101-0301 47-0101-0301 |
Representative Trail presented the findings of the rules review subcommittee on the following agency rules: Docket Nos. 08-0202-0301, 08-0202-0302 (fee rule), 08-0202-0303, 08-0202-0304, 30-0101-0301, and 47-0101-0301. Representative Trail reported that the subcommittee is recommending to the full committee that all of the rules identified be adopted as printed. |
MOTION: | Representative Trail made a motion that the committee accept the subcommittee report and recommendations. The motion carried by voice vote. |
Docket No.
08-0203-0301 |
Representative Lake reported on the rules review subcommittee findings on Docket No. 08-0203-0301. There has been a great deal of discussion on this rule, both in the subcommittee as well as in the joint meeting of the House and Senate. After a lengthy debate, the subcommittee voted to adopt the rule, with the exceptions of Sections 105 and 107, the graduation requirements. Representative Lake suggested that the subcommittee members had the opportunity to further research this rule and also take the ISAT exam themselves since they voted in the subcommittee. |
MOTION: | Representative Andersen made a motion to adopt Docket No. 08-0203-0301, with the exceptions of Sections 105 and 107, as recommended by the subcommittee. |
SUBSTITUTE
MOTION: |
Representative Eberle made a substitute motion to adopt Docket No. 08-0203-0301 along with Docket Nos. 08-0202-0301, 08-0202-0302 (fee rule), 08-0202-0303, 08-0202-0304, 30-0101-0301, and 47-0101-0301. |
Representative Jones debated in favor of the original motion and against the substitute motion. The State Board has paid attention to the concerns brought forth by the subcommittee and this committee, and the Board can make changes to the rule at their April meeting. He reminded those present that this is a rule, not a statute. The Nez Perce Tribe has voiced their concerns about the reliability and validity of the ISAT. The Governor is quoted in the newspaper as saying that parents will have the right to appeal, but as he interprets this rule, only LEP and IEP students can appeal, and the only year they can substitute an alternate means of proficiency is in the 10th grade. He emphasized he supports the original motion because he objects to what the rule says, not because of public opinion. |
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Chairman Barraclough stated he was disappointed when he heard the subcommittee had voted to exclude Sections 105 and 107 because of the extensive efforts the state has gone through to require accountability. After taking the ISAT, he feels it is a fair, professionally written test. There is room to evaluate it, and time to improve it. We need to look at what measurement needed to assure students can cope with life, rather than condemn them to a life of under performance. |
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Representative Andersen spoke in opposition of the substitute motion and for the original motion. He provided a scenario of a student who didn’t pass one section of the ISAT and therefore did not receive his diploma. The student went to all the universities in Idaho and found they have multiple requirements for admissions, i.e. GPA, SAT scores, interviews. Representative Andersen searched the Internet to see what companies in Idaho require on job applications and found many required strong communication skills (both written and verbal), multi-tasking, problem solving and computer literacy. According to his research of Idaho test scores from 1997, student performance is improving. He said it is inappropriate to base graduation on one test score. |
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Representative Cannon spoke in support of the substitute motion, saying he is in favor of the ISAT being used as an exiting test. By taking the ISAT, he gained respect for the ISAT, not fear. If students don’t pass the first time it is not the end of the world because they have a good support group of teachers and parents and can try again. Taking the ISAT provides a start for the rest of their lives and helps them deal with pressures. |
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Representative Lake debated in favor of the substitute motion, saying he feels the rules provide students with every opportunity of passing the ISAT, if they are willing to apply themselves. This requirement gives value to the diploma. He feels if more time is needed, the Board will make that adjustment. |
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Representative Kulczyk spoke in favor of the substitute motion. A builder spends a certain amount of time on the building plans and then starts building/implementing the plans. He agrees if there are problems with the rule we can bring it back and make adjustments until it’s right. He commends the Board and feels we need to get going. |
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Representative Boe stated she supports the action of the subcommittee. She said the ISAT is a better test than what she thought. One reason for not linking the ISAT to the graduation requirements is possible lawsuits. She mentioned the Department of Education and the State Board are both working on external reviews, and it is best to wait until it is certified before linking it to the graduation requirements. |
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Representative Block spoke in support of the substitute motion, saying she supports the ISAT and its use as a graduation exam. In the subcommittee, she had concerns about the required dates and about validity and reliability. She has been informed there will be a technical review team, and she has confidence they will make the necessary adjustments. Also the legislature will have oversight. She believes that accountability motivates people – teachers, parents and students. |
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Representative Rydalch debated in favor of the substitute motion. If we don’t move ahead, we are short changing teachers. This is one tool of many teachers will use, and she has never known a teacher who uses only one means to evaluate a student. Businesses do orientation training, but should not have to retrain employees on the basics. It is up to the legislature to follow through with additional changes. Legal ramifications are dealt with every day. |
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Representative Bayer spoke in favor of the substitute motion, asking to go on record for his strong support for the rule as a whole prior to the subcommittee recommendation. He looked at all of the perspectives and the ISAT, equally, objectively, and without compromise. His position was not changed, and he has not been strong armed by any means, and he challenges any future attempts. |
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Representative Sayler spoke in support of the original motion. The opposing views of the experts and their disagreements concern him. He feels the ISAT actually narrows the approach to learning, and he is concerned about the classification accuracy of 90% which means 1 out of 10 students may not be classified correctly. Waiting another year is good policy because the costs of remediation have not been determined. Studies have shown that students with disabilities are at greater risk and have a 50% drop out rate. The consequences are great for the students. |
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Representative Garrett spoke in support of the substitute motion. She shared a personal story about her niece who went through school without being diagnosed with dyslexia and ended up dropping out and living on the street for 10 years. She did eventually get her diploma, but still has a disability. Representative Garrett said she is excited about education in Idaho and not leaving behind students. |
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Representative Naccarato spoke in opposition to the substitute motion and for the original motion. He has received tons of information from constituents, and even a letter from the Gentleman on the second floor. His constituents can accept accountability and the standards, but can’t accept the ISAT. He said his goal was and is to keep Idaho out of court. |
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Representative Bauer spoke in favor of the substitute motion, explaining that he voted in the subcommittee to delete Sections 105 and 107. He said as he took the ISAT he was nervous but as he proceeded, he became more comfortable. He knew he was close on most of the questions, but confident he could do this. He has talked with students in his district and some thought the test was easy and others thought it was hard. He said he is confident that the children of Idaho can come up to the task of learning. |
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Representative Bradford spoke in support of the substitute motion. He suggested that any test usually brings some fear. He stated he didn’t receive a lot of education growing up, but in the service he worked in electronics and learned a comfort level. Idaho has great teachers, and we need to show them we have confidence in them. An email he received from a teacher said they fear their jobs; they need reassuring. This is a time of change, and the ISAT is a step in the right direction, even though it is not perfect. |
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Chairman Barraclough asked Dr. Randy Thompson to clarify the intent of Section 105. Dr. Thompson said the intent was to allow one of the following and the word “or” may be causing the confusion. The intent is not to allow students to appeal before their senior year, but the appeal process is certainly not limited just to LEP or IEP students. |
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Representative Trail debated in support of the original motion, saying he didn’t receive a letter from the gentleman on the second floor. He stated he has concerns about the 10% in terms of reliability. The Nez Perce and other members of the Latino and Tribal Caucus have urged that we not implement this as a graduation requirement until the Board makes sure the equity is there. |
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Representative Eberle spoke is favor of the substitute motion. Nine years ago this state decided we would no longer give a diploma to students who did not deserve it. ISAT was not designed to test higher functions. He feels the validity has been examined. The test is not designed to punish. If you don’t hold students accountable, it’s like having a “car without a motor”. |
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Representative Nielsen noted he has “kept his powder dry” throughout this discussion. He said he has been actively involved in education with his children and 23 grandchildren. He applauds teachers, and feels their number one rule is that they care about students. Producing students who must take a lot of remedial courses in colleges costs much more in the long run. He called their attention to Section 107 where it outlines the minimum graduation requirements. We need to do what’s best for the kids and this rule can be modified if needed. |
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VOTE ON THE SUBSTITUTE MOTION: |
Chairman Barraclough called for a vote on the substitute motion, and Representative Rydalch requested a roll call vote. A roll call vote was taken, and the substitute motion to adopt all of the agency rules passed by a 12 to 6 vote. Chairman Barraclough and Representatives Lake, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer voted “Aye” and Representatives Jones, Trail, Boe, Andersen, Naccarato and Sayler voted “Nay”. |
Representative Jones emphasized what a successful process this has been. He said the first thing he learned when coming here was to learn to count, and he knew what the results would be today. The State Board has now heard all of the concerns and will make the necessary changes. This is the process, and he commended all of the members for their views. This has been a good discussion. This is a rule, not a statute. Chairman Barraclough thanked Representative Jones for his remarks and |
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ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 10:12 A.M. |
DATE: | February 9, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheets. |
Chairman Barraclough called the meeting to order at 9:04 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 3, 4 and 5, 2004 were reviewed. Representative Cannon made a motion to accept the February 3, 4, and 5, 2004 minutes as printed. The motion carried by voice vote. |
RS13924 | Representative Meyer presented RS13924 to the committee. This legislation was brought to him by a trustee from Northern Idaho Community College. The legislation will amend Section 33-2115, Idaho Code, to revise descriptive language, to make a grammatical change and to provide that the boards of trustees of community college districts shall cooperate with county commissioners, mayors, city councils and school district boards of trustees. Representative Meyer said there is a lot of coordination that goes on right now, but if there is a change in administration, there could be a change in operations. |
MOTION: | Representative Rydalch made a motion to introduce RS13924. Representative Meyer was asked what situation(s) brought about the need for this legislation, and he mentioned (1) city sports teams use the college grounds and (2) a missionary training program at NIC had to be dropped because of funding and is now being operated privately. A question was asked about the use of “shall cooperate” and what the consequences are if they do not. It was explained that the required cooperation is currently spelled out in the statute for cities, and he feels it should work both ways. A vote was called for, and the motion to introduce RS13924 carried |
RS13553C1 | Representative Garrett presented RS13553C1 to the committee. This legislation adds Section 33-520, Idaho Code, to provide that the board of trustees of each school district shall adopt a policy governing medical inhalers and self-administration of medication. Nearly 40,000 Idaho children have asthma; about two children in a classroom of 30 (Attachment 1). When physicians prescribe inhalers, they instruct patients to carry them at all times. Asthma attacks can happen anytime or anywhere so it is important for students to have immediate access to their inhalers. By providing unrestricted access, children are empowered to manage their asthma. This legislation was drafted in cooperation with the Idaho School Boards Association, and the legislation will bring Idaho in line with 23 other states. When asked what the downside of this might be, Representative Garrett |
MOTION: | Representative Boe made a motion to introduce RS13553C1. When asked about students being allowed to carry and use other medications, Representative Garrett said asthma is life-threatening, and students don’t always have time to get to the nurse’s office for medication. We need to look at this on a case-by-case basis. A vote was called for, and the motion to introduce RS13553C1 |
Mr. Jason Hancock, Joint Finance and Appropriations Committee, provided the committee with a Revised Comparison of Public School Budget Proposals (Attachment 2). He pointed out the increases in items A-7 and A-9, stating that salary-based apportionment is driven by increased support units, in part due to the de-consolidation effect of charter schools. State paid employee benefits reflect an increase in what the states pays for employee health benefits and for the new costs associated with PERSI. The $5 million decrease in item B-1, technology grants, in the Governor’s Regarding federal funds being garnered to offset this decrease, it was It was pointed out that item B-11 is not discretionary money if it is When asked what would happen to the $13,176,200 million if the |
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Mr. Ross Borden, Joint Finance and Appropriations Committee, presented the Higher Education Budget Summary to the committee. All of the materials for setting budgets can be viewed in the Legislative Budget Summary given to them on a CD. Benchmarks from 2001 were provided that focus on the general funds and show the percentage of increases or decreases. Very few federal dollars come to the colleges and universities in the way of appropriated funds, but through student loans and grants. The Governor followed the same philosophy for higher education as he |
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Mr. Borden commented on each of the appropriations pointing out some of the shortfalls (Attachment 3). Agricultural Research & Extension Service: The Governor did not Colleges and Universities (BSU, ISU, UI, LCSC) and Community Colleges A question was asked about who is the requestor for higher education Office of the State Board of Education: The general fund increase for Health Education Programs: FY 2005 is the 4th and final year to fund the Professional-Technical Education: Funding recommendation was Special Programs: The Governor did recommend funding for the Promise Mr. Borden stated that higher education has had impressive growth, and |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:45 A.M. |
DATE: | February 10, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheets. |
Chairman Barraclough called the joint meeting to order at 8:36 A.M. with a quorum being present. He welcomed the school board trustees, recognizing the difficulty of their elected positions and commending them for the roles they play in education. Senator Schroeder welcomed everyone, saying you all know what needs to be done in your community. |
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Ms. Janet Orndorff, Idaho School Board Association (ISBA) President, introduced Wande Quinn, President Elect, Coeur d’Alene and Ernest Jensen, Vice President, Idaho Falls. Members from the Executive Board were also introduced. Ms. Orndorff stated that the ISBA chose to report on the Idaho Reading Initiative (IRI) this year. Prior to 1999, a study committee reviewed the latest research to determine what could be done to improve reading scores in Idaho. Legislation, creating the IRI, was passed in 1999 that (1) provided reading intervention at the lowest level; (2) provided funding for the Idaho Comprehensive Literacy Course for K-8 teachers; and (3) and provided diagnostic information for teachers. In 2001 legislation was introduced to address the accountability segment and in 2002 changes were made so calculations were made for students who were present 90% of the school year and allowed an additional year for schools to meet the requirements. The ISBA was a stakeholder in drafting the legislation and in the changes made to the legislation. |
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Ms. Wande Quinn, ISBA President Elect and Trustee, Coeur d’Alene School Board, thanked the committees for the time they devoted last month to the various educational issues. Representatives from three districts were asked to share (1) what they attribute to their improvement in scores; (2) lessons learned; and (3) their concerns. Dr. Cliff Green, ISBA Executive Director, prepared a table showing the IRI data for Spring 2001-2003 (Attachment 1). The data is representative of 30 school district (10 large districts, 10 small districts and 10 medium size districts) out of the 114. ISBA believes that there are aspects of the IRI process that provide guidance in the implementation of NCLB and ISAT. Specifically, the IRI set realistic goals and targets for the general population and the special needs population. Funding was provided for staff development, student intervention, and provided a valid and reliable assessment process. Educators have confidence in the IRI, and ISBA would like to see the same confidence developed in the ISAT as a measuring and diagnostic tool. |
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Ms. Deb Foster, Trustee, South Lemhi School District (Leadore and Tendoy) represented one of the small districts with an average population of about 120 students. About 64% of their students fall at or below the poverty level. Their student teacher ratio is low, but every teacher teaches more than one grade level. Their IRI scores have been outstanding the past four years. When Sue Smith became principal in 2000 it became apparent to her that there were high school students with high GPAs who were scoring very low on the ACT, and the direct writing and direct math assessments. An extended reading program was implemented for 2nd through 6th grade, |
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Ms. Sue Smith, Principal, South Lemhi Schools, thanked the Chairman for their involvement in the education process. She stated that as an administrator she feels the standards, ISAT testing, IRI testing and other indicators set up by the State Department of Education and the State Board of Education are all valuable tools. We have to know where we are going and the standards do that. The ISAT is a helpful measure to assure students are mastering goals, and the ISAT correlates with other testing instruments used by the South Lemhi schools. Ms. Smith said she believes in NCLB, and that every child has the right to quality education that allows them to work to their maximum potential. However, every child cannot be proficient (5-10% of the population does not have the cognitive ability to achieve this goal), but tests scores can be raised with excellent remediation. It is not fair to the child to make them feel like a failure. Schools should be held accountable that every child makes progress, but they cannot make every child proficient. She stressed that learning how to read is difficult and if children have not Many teachers have not been prepared to teach reading, and learning To achieve 90% reading scores on the IRI test, principals need to be |
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Ms. Wendy Horman, Trustee, Idaho Falls, represented one of the 10 large schools. Her district’s success is categorized into comments from the district level, the school building level, and parent perspective. The number one comment from the district was that teachers bought into the test as an assessment and accountability piece. The IRI (1) created a real focus on reading proficiency; (2) created an indicator or a data resource; (3) established uniform objectives; and (4) provided for staff development and a comprehensive literacy certification requirement. At the school building level the principals and teachers pointed out a From a parent perspective factors identified were focus, effective As policy makers it is hard to know how our great ideas or initiatives will |
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Mr. Neil Thompson, Trustee, McCall Donnelly, said he became a trustee because he could see the needs of the children and so far he has had no bad experiences. He said in 1998, McCall Donnelly was targeted as a school the Albertson Foundation looked at for a high achieving school, but it wasn’t until 2001 that they received a grant. They put together a curriculum team and gathered research data from across the country on curriculum based instruction. They put together their own curriculum based instruction manual and handed it out at the beginning of this year. The principal and the curriculum coordinator shared their excitement because a kindergarten teacher in McCall who put the curriculum in place saw student scores raised by 40%. Results from other teachers putting the curriculum to work are just starting to happen. The school board has set the bar at 90%. They want to see well equipped students, and he thanked them for their hard work and thanked the Albertson Foundation for making this possible. |
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Mr. Ernest Jensen, ISBA Vice President, presented ISBA’s five recommendations based on lessons learned from the IRI that can be applied to the ISAT and NCLB: (1) involve all stakeholders, (2) academic intervention, (3) instructional leadership and professional development, (4) fund technology, and (5) continue to communicate with Congress and the U.S. Department of Education concerning NCLB (Attachment 3). The ISBA 2004 Legislative Priority Resolutions are provided in Attachment 4. |
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A discussion followed and the presenters were commended on their team efforts to raise the IRI scores. It was stressed that involving stakeholders up front was one of the keys to the IRI’s success. Early childhood intervention, especially for special needs children, has made a big difference even though 100% achievement may not be possible. Special needs children are graduating and are prepared. Funding, thoughtfulness and resources will be the keys to ISAT’s success. The difference in the IRI and ISAT is the fact that ISAT comes with sanctions. |
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ADJOURN: | The joint meeting of the House and Senate Education Committees was adjourned at 10:15 A.M. |
DATE: | February 10, 2004 |
TIME: | 10:35 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | None |
Chairman Barraclough convened the full committee for a short meeting at 10:35 A.M. to gather their input and recommendations for his presentation to JFAC on Wednesday, February 11 at 8:00 A.M. |
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Funding for Technology: This was one of the top priorities for most of the members. Some thoughts and concerns shared were (1) one source indicated that 57,000 computers in the state may not be adequate to run Windows 2000; (2) computers were recently purchased by a district that run Windows 98 and may not be compatible with ISIMS; (3) accounting of equipment/audit at each district and a comprehensive plan are needed to meet the 2006 ISIMS implementation; and (4) the ICTL should be involved in overseeing the technology effort since money is allocated for this committee. Remediation: Funding remediation was another top priority because the Salary Based Apportionment: It was suggested that the Superintendent’s $8 Other Input Received: Several members brought forth input including (1) be |
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ADJOURN: | Meeting was adjourned at 11:00 A.M. |
DATE: | February 11, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Jones |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 9, 2004 were reviewed. Representative Andersen made a motion to accept the minutes as printed. The motion carried. |
Chairman Barraclough reported that in his presentation to JFAC this morning he concentrated on the issues brought to him from the committee rather than exact numbers. He emphasized this was not his report, but the committee’s report. |
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INTRODUCTION: | Mr. Rakesh Mohan, Director, Office of Performance Evaluations, spoke about how his office works with the Joint Legislative Oversight Committee (JLOC). JLOC is a bi-partisan committee of eight with equal number of Senators and Representatives. The Office of Performance Evaluations gets general direction from JLOC. Once a project is approved, JLOC takes a back seat. JLOC sees the final report and the conclusions at a public meeting. Generally, the stakeholders know more about the project, and this is by design to maintain objectivity and independence. Mr. Mohan explained that last year Leadership was interested in looking |
PRESENTATION: | Mr. Paul Headlee, Performance Evaluator, Office of Performance Evaluations, presented the findings and recommendations from the Fiscal Accountability of Pupil Transportation Report. A copy of the full report is available online at www.state.id.us/ope or a hard copy may be requested from the Office of Performance Evaluation. Ms. A.J. Burns, Senior Evaluator, assisted with the slide presentation. It was found that between 1992 and 2002 transportation costs increased Regarding state oversight, it was found that the SDE’s role is unclear. Findings pertaining to district administration of transportation services Twenty-two districts contract their bus services, and it was The funding cap put in place last session does control costs because it Mr. Headlee demonstrated how the online Office of Performance The Office of Performance Evaluations concluded that (1) there has In response to committee questions and concerns, Mr. Headlee clarified |
PRESENTATION: | Mr. Chris Shoop and Mr. Ned Parrish, Performance Evaluators, Office of Performance Evaluations and Audits, presented the findings from the School District Administration and Oversight Report. A copy of the full report is available online at www.state.id.us/ope or a hard copy may be requested from the Office of Performance Evaluation. Mr. Shoop reported that school districts received more than $1.6 billion in FY 2002 and over $150 million was received in reported administration costs. Eleven districts were visited and areas looked at were administrative staffing and salary levels, oversight and fiscal accountability, purchasing and contracting and district health insurance. Positions included in the administrative staffing were district administration, school administration, district/business support, school support and other supervisory positions. Charts depicting statewide staffing growth and staffing growth by It was clarified that this report considers clerical staff and attendance |
Mr. Ned Parrish, Performance Evaluator, Office of Performance Evaluations, addressed the findings for fiscal oversight and accountability. Around 60.7% of public school funding comes from state funds, 30.7% comes from local funds, and 8.6% comes from federal funds. School districts need to demonstrate accountability for public monies by reporting revenues and expenditures. Fiscal data inconsistencies limit data comparability and the ability to accurately determine statewide costs. Statutes require annual audits, and the SDE directs auditors to review IFARMS data coding, average daily attendance (ADA), staffing information and pupil transportation figures. Recommendations made to the SDE were (1) take steps to improve |
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Mr. Chris Shoop reported on School District Purchasing and Contracting. It was found that competitive shopping is not usually required by the districts except for purchases above $25,000 and bids or quotes are not required for many services. The approval process is not clearly defined or followed, and written agreements are not always in place. Recommendations were that (1) the Legislature should consider price quote requirements for districts, giving specific statutory authority to districts for use of statewide contracts; (2) OSBE should consult with the Division of Purchasing to develop bid requirements for purchased services; and (3) the SDE should ensure annual financial audits of purchasing processes, develop model contracting components, determine opportunities for cooperatives, explore online purchases, and encourage district staff to attend state training. Mr. Shoop also reported that $282 million was spent on health benefits |
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ADJOURN: | Chairman Barraclough thanked the presenters for their excellent reports. There being no further business to come before the committee, the meeting was adjourned at 10:35 A.M. |
DATE: | February 12, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Naccarato |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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MINUTES: | Two sets of minutes for February 10 were reviewed. Representative Lake made a motion to accept the minutes from the Joint House and Senate Education Meeting as printed. He made a second motion to accept the minutes from the full committee meeting with a correction to paragraph 5, line 3; change “remove” to “fund”. Both motions carried by voice vote. |
PRESENTATION: | Dr. Mike Rush, Administrator, Idaho Division of Professional-Technical Education (PTE), presented the Division’s annual report. The full report can be obtained from the Idaho Division of Professional-Technical Education Office. The Division’s budget is divided into four major areas into which dollars State Leadership and Technical Assistance Today’s competitive environment demands quality programs, and to that General Programs General programs include secondary program support, guidance and Dr. Rush said he is often asked “how the current focus on academic The past five years, 223 new programs have been implemented with a net General program dollars support several types of programs. Professional-Technical schools were created through 1998 legislation. They provide Postsecondary Programs This past year, in spite of a significant decrease in funding, full-time Underprepared Adults/Displaced Homemakers The fourth major program area for funding is the underprepared Dr. Rush provided the following comments in response to questions: (1) PTE students can’t survive without academic skills; the reading level (2) GED programs have shown a high growth for those under 20. (3) Idaho has to have adequate capacity for professional technical. It is (4) The ability to transfer credits is better, but still a problem. Dr. Rush outlined cost-saving measures that have been taken due to
Another way to look at the impact is to look at the amount spent per The FY2005 budget contains no new above MCO requests, but there are Dr. Rush closed by stating that the lump sum appropriation for the |
PRESENTATION: | Ms. Shirley Silver, Idaho Division of Professional-Technical Education (PTE), presented the annual report for the “Idaho Displaced Homemaker Programs”. In 1980, the Idaho Legislature passed the “Equal Opportunity for Displaced Homemaker Act” to serve single parents and displaced homemakers. The legislation authorized establishment of counseling centers for displaced homemakers based on the needs of each region in the state. In 1982, Senate Bill 1306 increased the divorce fee by $20 to establish a dedicated fund to operate these centers. Funding from the divorce fee, combined with federal vocational education funds, enabled the Division to setup Centers for New Directions in each region. These centers were housed on the technical college campuses, where participants had access to a full range of support services already available on campus, as well as important skill training. This program’s mission is to help participants become economically and Ms. Silver provided the Fiscal Year 2003 Annual report for the Idaho |
ADJOURN: | Chairman Barraclough thanked Dr. Rush and Ms. Silver for their excellent presentations. There being no further business to come before the committee, the meeting was adjourned at 10:20 A.M. |
DATE: | February 13, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:05 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 11 and February 12, 2004 were reviewed. Representative Trail made a motion to accept both sets of minutes as printed. The motion carried by voice vote. |
RS13967C2 | Representative Trail explained that an error occurred when the RS was changed, and he asked to have RS13967C2 returned to the sponsor. |
Mr. Phil Homer, Idaho Association of School Administrators, (IASA) stated he would be filling in for Dr. Mike Friend who was detained in the Senate. Mr. Homer indicated his organization has been dealing with virtual learning issues the past few months. |
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Mr. Eric Earling, Deputy Secretary’s Regional Representative, Region X introduced himself. Mr. Earling explained that he is working on the implementation end of NCLB. When asked if he was familiar with Idaho’s HCR dealing with NCLB, he said he was aware of the resolution, but his focus is to implement the law as Congress passed it. |
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PRESENTATION: | Dr. Gene Davis, Director, Intermountain Center for Education Effectiveness, College of Education, Idaho State University, briefed the committee on the findings of the Center for Policy Studies, Education Research, and Community Development titled Virtual Schools: Policy Formation Process (Attachment 1). The study included research from 21 states on virtual learning and found that there is a mix of activities, no common rules and no common funding patterns. Funding varies from challenge grants, private funding, and ADA. There is an overriding need for a systematic and consistent policy Florida is seen as the leader in virtual schooling. The content and The study concluded that the main issues related to virtual learning are Dr. Davis provided the following research based answers to questions: Funding – Funding for virtual schools is less per pupil. In Florida it is Teachers – Certification and accountability were looked at in the study. Test Score Comparisons – Comparison of virtual school test scores |
PRESENTATION: | Mr. Bicker Therien, Director, Idaho Digital Learning Academy, reported to the committee (Attachment 2). The Idaho Digital Learning Academy (IDLA) was created within the State Department of Education through 2002 legislation, but no funding was appropriated. Alternate funding was sought and secured through a $1 million grant from the JA and Kathryn Albertson Foundation, which accelerated implementation of the IDLA. The accelerated implementation enabled them to hire and train staff, establish an online delivery platform and develop an Idaho standards based curriculum currently consisting of 57 credits. Approximately 50% of their staff have advanced degrees. In 2003, IDLA received a $450,000 appropriation and changes to the The IDLA serves 1500 high school students from throughout Idaho and Strengths of IDLA’s model of virtual delivery are (1) curriculum is locally Mr. Therien responded to questions as follows: Costs and Reporting – It costs $3,000 for Idaho teachers to develop Contact Hours – Teachers are in the classes five days a week and must Curriculum – IDLA provides offline materials for projects, and students |
PRESENTATION: | Mr. Steve Adams, Director, Idaho Leadership Academy, and President of the Idaho Charter School Association, reported on the Academy. The Idaho Leadership Academy is a charter school chartered by the Snake River school board. It is in the development stages and serves 40 high school students. They modeled their charter after the Idaho Virtual High School in Mountain Home, and they offer a Liberal Arts curriculum consisting of Great Books (aligned to standards), liberal arts, leadership, electives and values. Their focus is on character and leadership. They bus students to Snake River for activities and rely on IDVA for some electives. Tools for distant learning used by the Academy are virtual classroom, Concerns about NCLB are that their teachers teach multiple subjects and |
PRESENTATION: | Mr. Larry Slade, Principal and Founder, Idaho Virtual High School (IDVHS), reported that IDVHS is a public charter school chartered by the Mountain Home School District. They are accredited by the Northwest Association of Schools and by the Idaho State Department of Education. Their mission is to provide Idaho students online high school courses that are rigorous, accredited and tuition free. They are governed by a board of five to seven directors that are governed by provisions in the charter and by the corporate by-laws. School administrative staff consists of a principal, one registrar, one bookkeeper, and a director of curriculum and instruction. IDVHS has four programs to assist students and schools.
Attachment 3 provides courses offered, when they are taught, student IDVHS ended up with carryover funding this year because the cost per |
Dr. Mike Friend, Executive Director, Idaho Association of School Administrator’s thanked the committee for the opportunity to present this information. He said he would like to share with them the IASA’s ideas about funding virtual schools. |
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ADJOURN: | Chairman Barraclough adjourned the meeting at 10:50 A.M. |
DATE: | February 16, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Rydalch, Naccarato |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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RS13967C3 | Representative Trail presented RS13967C3 to the committee, stating that Representative Ringo is a co-sponsor of this legislation. This legislation will amend Section 33-4307, Idaho Code, to provide that the grant payment for Promise Scholarship Category B students is for the first year of attendance in the maximum amount of $1,000. This legislation will be delayed by one year because colleges and universities already have their scholarship requirements advertised. Representative Trail and Representative Ringo worked with the financial Representative Ringo stated that she sees this legislation as reducing It was explained that the estimated fiscal impact of $60,000 for the first |
MOTION: | Representative Boe made a motion that RS13967C3 be introduced. The motion carried by voice vote. |
HB 602 | Representative Andersen introduced HB 602. This legislation allows education employees to utilize a portion of accrued sick leave to supplement worker’s compensation to maintain his or her regular salary while recovering from a disability incurred on the job and covered by worker’s compensation. He explained that often classified employees do not receive high wages and end up having to pay family health insurance costs while receiving about a third of their regular wages. Representative Andersen explained that he consulted with the Industrial |
MOTION: | Representative Trail made a motion to send HB 602 to the floor with a DO PASS recommendation. A concern was voiced about the impact of other legislation that may be |
Dr. Cliff Green, Executive Director, Idaho School Board Association, said he has discussed this bill with the Idaho Association of School Administrators and felt it was an innocuous bill. He did question why this is being addressed if school boards currently have this ability. He clarified that sick leave is paid out of general funds. |
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Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, said the IASA does support this legislation. They feel it provides clarification, and they support the fact that Line 31 specifies “may” rather than “shall”. |
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MOTION: | Representative Kulczyk, made a substitute motion to send HB 602 to the amending order with committee amendments attached to place a period after the word “leave” on Line 34 and remove the words “which would result in duplicate compensation” on Lines 34-35. He stated he hasn’t seen this type of language used in other areas of Idaho Code. When asked if a school board can implement this policy on their own, |
VOTE ON SUBSTITUTE MOTION: |
A roll call vote was taken on the substitute motion to send HB 602 to the amending order with committee amendments attached to place a period after the word “leave” on Line 34 and remove the words “which would result in duplicate compensation” on Lines 34-35. The motion failed on a 14 to 2 vote. Representatives Barraclough, Lake, Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Bayer, Boe, Andersen, and Sayler voted “NAY”, and Representatives Kulczyk and Nielsen voted “AYE” |
VOTE ON ORIGINAL MOTION: |
A vote was called for on the original motion to sent HB 602 to the floor with a DO PASS recommendation. The motion carried by voice vote. No members requested to be recorded as voting “NAY”. |
ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 9:50 A.M. |
DATE: | February 17, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Jones and Kulczyk |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:08 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 13 and February 16, 2004 were reviewed. Representative Cannon made a motion to accept both sets of minutes as written. Representative Sayler suggested that the minutes for February 16, Page 1, Paragraph 2, Line 8 should reflect the .5 staff FTE saved is per institution. The motion, to accept the minutes of February 13 as written, and to accept the minutes of February 16 with the above noted correction, passed by voice vote. |
HB 631 | Representative Meyer introduced HB 631 and offered an amendment (Attachment 1). Based on suggestions from Representative Kulczyk and Representative Lake, Representative Meyer said he “lifted the radiator cap on HB 631 and put a new vehicle underneath it”. He explained that the way the current code is written, it requires county commissioners, mayors, city councils and school district boards of trustees to cooperate with community colleges, but this should work both ways. There is a lot of cooperation that takes place right now between Northern Idaho College and these entities, but a recent effort to house a professional-technical high school at NIC seemed to be meeting some resistance. Representative Meyer said he was very impressed with the programs at A brief discussion followed, and it was asked whether “authorized and |
MOTION: | Representative Block made a motion to send HB 631 to the amending order with committee amendments attached. She cited the efforts CSI made to attract Dell Computers to the Twin Falls area, and the cooperation with the high schools to allow students to complete college credits before they graduate. Representative Lake addressed an earlier comment about the original legislation, stating it was adopted in 1939. A vote was called for, and the motion to send HB 631 to the amending |
ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 9:27 A.M. |
DATE: | February 18, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Lake, Jones, Block, Cannon, and Garrett |
GUESTS: | Former representative and member of the House Education Committee, Wayne Kendell, was introduced. Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:07 A.M. with a quorum being present. |
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RS 14115 | Representative Rydalch presented RS 14115, stating this RS will be referred to the appropriate committee, if printed. This problem was brought to her attention by a person in Idaho Falls who encountered a problem because of a loop hole in the current law. A new section to Chapter 83, Idaho Code is added to make it a felony for Mr. William von Tagen, Attorney General’s office responded to |
MOTION: | Representative Andersen made a motion to introduce RS 14115. The motion carried by voice vote. |
PRESENTATION: | Mr. Bill Robertson, Interim President, Eastern Idaho Technical College (EITC), stated that EITC is happy to be a technical college, and their mission has not changed. They are willing to accept new challenges if so directed. EITC is accredited by NWEA, and they have several programs that are nationally accredited. The campus is about 65 acres with approximately 60% of the land improved. EITC has a nine county service area, and they service many remote The bonding legislation last year authorized a health education building to Mr. Robertson stated that they do an excellent job helping to provide Their enrollment is stable in spite of budget cuts and they have done a lot When asked about sharing their new health education building with ISU, EITC draws on the community for adjunct professors and for volunteers, |
PRESENTATION: | Mr. Jeff Duggan, Assistant to the President, College of Southern Idaho (CSI), explained that President Meyerhoeffer was unable to be here today because the Congressional delegation was in Twin this week. CSI is the youngest and largest community college in Idaho with a 240-acre campus plus an additional 80 acres just recently acquired. They plan to put a higher education center on the newly acquired land and to provide needed parking. CSI serves a diverse student population and provides two-year degree Statistics provided were that CSI has (1) the fastest growing school with a CSI’s increase in student fees will be about 6%, and the fear is that if Economic development is the key to community colleges, and CSI is |
RS 14025 | Representative Eskridge presented RS14025 to the committee. He explained that the purpose of this legislation is to expand and clarify the technology competency requirement for certified public school employees and to define a waiver process. The technical competency requirements are in rule, but no procedure is outlined for waivers. This legislation will allow those K-12 educators with endorsements in physical education, music or art, whose primary teaching assignment is in the area of the endorsement to be exempt for the technology proficiency requirement. It also requires that the state board of education, through rule, provide a process to request a waiver from the requirement, upon application for recertification. A discussion followed and a concern was voiced about whether this would |
MOTION: | Representative Eberle made a motion to introduce RS 14025. |
Senator Keough was introduced and offered to provide some clarification. She said until last year Idaho required that 90% of the teachers at a school district had to meet the technology competency |
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VOTE: | A vote was called for on the motion to introduce RS 14025, and the motion carried by voice vote. |
Chairman Barraclough asked the committee what their thoughts are as far as scheduling a field trip to a charter school or a public school. The consensus was to visit a public school with a diverse population to see what issues they are faced with. |
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ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 10:40 A.M. |
DATE: | February 19, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 17 were reviewed. Representative Rydalch made a motion to accept the minutes with a change from “legislation” to “problem” in Paragraph 2, Line 2. The motion carried. |
RS13927C2 | Representative Boe presented RS13927C2 to the committee, stating this legislation will make attendance in kindergarten mandatory. She cited the emphasis on standards, assessment and reading at grade level by our schools and explained that expectations for kindergartners are much higher today. This bill provides as much flexibility as possible with the language in lines 11 and 24. If the parents and the teacher feel a child is not ready for kindergarten at a specific age they have some flexibility. The intent of the legislation is to ensure all children learn the reading readiness skills and are given the same opportunities to succeed. The fiscal impact of $2.2 million is based on the fact that about 5-6% of A discussion followed and concerns centered around (1) resistance to |
MOTION: | Representative Jones made a motion to introduce RS13927C2, stating he feels this RS has enough merit to warrant a full discussion and receive public input. The motion carried by voice vote. |
PRESENTATION: | Mr. Mark Dunham, Director of Government Relations, introduced Boise State University (BSU) President, Dr. Bob Kustra. President Kustra was President of Eastern Kentucky University and served in the Illinois Legislature for 10 years. President Kustra spoke about his recent opportunity to talk with the new BSU looks a lot different than it did in 1994 or even in 2000. They have Eight BSU teaching faculty have received the Carnegie Foundation for the President Kustra addressed the challenges of decreased state funding for President Kustra closed by saying the challenges are many and the A concern was voiced about using student fees for salaries, and Dr. In response to whether BSU plans to use the U of I Model for a learning Scholarships at BSU are one of their biggest challenges and they are Regarding the proposals for a change in the State Board of Education |
PRESENTATION: | Ms. Mary Jones, Manager of the Idaho Infant Toddler Program, presented the 2003 progress report for this program. (The progress report has been jointly prepared by the Interagency Coordinating Council and the Infant Toddler Program and may be obtained from the Idaho Department of Health and Welfare.) The Idaho Infant Toddler Program is part of the educational system because babies are born to learn. The Idaho Department of Health and Welfare has served as the lead agency for the early intervention system that is administered federally through the US Department of Education, Office of Special Education Programs. Last year the Idaho Infant Toddler Program served 2,719 children through the provisions of an Individualized Family Services Plan or IFSP. Advancements in medical technology have helped identify problems in the Ms. Jones provided an overview of the services provided and the key Transition planning begins as the child approaches age three to ensure |
Ms. Kristina Rice, parent, spoke about the tremendous impact the Infant Toddler had on her family. Her first child, a daughter, appeared to be a healthy child, but at 18 months she was not walking or talking. She was finally diagnosed with a rare genetic disease and would have been institutionalized had it not been for this program and the support the family received. Through early intervention and extensive therapy her daughter now walks and is in preschool. Ms. Rice stated she received great support from this program and was treated with the upmost respect. She mentioned that she is seeing services reduced and urged their support for this program. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:52 A.M. |
DATE: | February 20, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:06 A.M. with a quorum being present. |
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HB 632 | Representative Garrett presented HB 632 to the committee. She explained that this legislation provides that the local board of trustees at each school district shall adopt a policy permitting the self-administration of medication administered by way of a metered-dose inhaler by a pupil for asthma or other potentially life-threatening respiratory illness. Representative Garrett worked very closely with the American Lung |
PRO | Dr. Cliff Green, Executive Director, Idaho School Boards Association (ISBA), spoke in support of HB 632 and commended Representative Garrett for the work she has done on this legislation. Dr. Green called the committee’s attention to the CD they were given containing the ISBA’s Model Policy Manual. This manual includes a model asthma policy to assist the local school districts in establishing their policy. He stated that this is state promulgated legislation that provides for local control. Dr. Green clarified that the American Lung Association of Idaho will |
PRO | Senator Andreason spoke in support of HB 632, stating he is well versed on the subject of asthma; it is a lot like drowning. He said he remembers as a young child having asthma and his mother rushing into his room and using “asthmadore” to clear his lungs. He stressed that time is of the essence when someone has an asthma attack. |
MOTION: | Representative Kulczyk made a motion to send HB 632 to the floor with a DO PASS recommendation. |
PRO | Ms. Janet Shackelford, Registered Nurse, has served as school nurse in the Boise District for 16 years. As the Idaho Representative to the Board of the National Association of School Nurses (NASN), she stated that NASN does have a position statement that supports students managing and carrying their own inhalers. Ms. Shackelford addressed the issue of successfully managing all students that have a potential life threatening condition. The School Nurses of Idaho supports this legislation, but would like to be part of the team that discusses this school health issue and future school health concerns. A state level health consultant would bring some conformity to all Idaho schools (Attachment 1). |
PRO | Mrs. Crystal Dickson, parent, testified in favor of HB 632. She brought her daughter Courtney, who has been diagnosed with severe chronic asthma. Mrs. Dickson related Courtney’s experiences at school trying to get access to her inhaler and the fact that school officials have at times been negligent in reacting to Courtney’s attacks (Attachment 2). Courtney is limited in her activities and can’t walk to school because she cannot carry her inhaler. Mrs. Dickson urged that they pass this legislation and not let these children suffer any more than they already do. |
Ms. Laura Middleton, co-president of the School Nurse Organization of Idaho, stated that ideally she would be reporting the position of school nurses, but their organization was not contacted for either input or their position in regard to this important legislation. There is a larger issue to be addressed, but the school nurses do not wish to delay this legislation (Attachment 3). In the future they wish to be a part of the process as decisions are made concerning the health care or the medication needs of students. They offer their resources. |
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PRO | Mrs. Elicia Zahm, member of Mother’s of Asthmatics and the mother of a two-year-old asthmatic son Jacob, spoke in support of HB 632. Asthmatic students miss 14 million days of school annually and countless hours are spent in the nurse’s office while they miss out on classroom instruction (Attachment 4). Very few schools in Idaho have full-time nurses, and often secretaries or office staff assist children with their inhalers. This legislation can reduce sick days and does NOT dictate to any district how to implement the policy. This law will protect the rights of Idaho’s asthmatic students, and as a mother of an asthmatic son, she urged their favorable vote. |
PRO | Ms. Kera Yost, Program Director, American Lung Association (ALA) of Idaho, spoke in support of HB 632. An estimated 32,000 children in Idaho are diagnosed with pediatric asthma. That is approximately two children in a classroom of 30. Asthma is the leading chronic illness of children in the U.S. and the leading cause of school absenteeism (Attachment 5). The ALA of Idaho has been working closely with the Idaho School Board Association, the Statewide Asthma Prevention and Control Project, the Area Asthma Coalitions and health professional around the state to assist in the development of this legislation. Currently, there are active Asthma Coalitions in every health district in Idaho whose goal it is to provide asthma education through a program called “Open Airways”. The ALA fully supports HB 632. |
PRO | Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, spoke in support of HB 632. He stated this legislation will force a review of procedures. Use of inhalers is important. Dr. Friend said schools do use common sense in these situations, but are caught in a spot where policy dictates these medications are kept locked in cabinets. Few schools have nurses assigned to the district. |
PRO | Dr. Matthew Brown, Physician from Caldwell, stated the number of asthmatic children has grown from 6.7 million to 17.3 million in 1998. He stressed how important rapid access to medication is for these children and urged the committee to vote unanimously to adopt this legislation. It was asked if he knows of physicians who provide inhalers without instruction, and Dr. Brown indicated that responsible physicians all train their patients. It was also clarified that some inhalers are put together with air chambers or extenders. |
PRO | Dr. Tom Patterson, Pediatrician and member of the American Academy of Pediatricians, told about a young patient he diagnosed as asthmatic and through instruct therapy and use of a rescue inhaler she is playing basketball. This patient expressed a concern about not having time to get from her classroom to the nurse’s office if she needs her inhaler. With this paramount legislation she won’t have to worry. Dr. Patterson clarified that there is very little chance of someone overdosing on another student’s inhaler. |
PRO | Dr. Kenny Bramwell, Physician representing EMI, stated that asthma is a preventable disease that responds to inhaled medications. He supports this legislation for the children who have to wait for their medication. |
PRO | Dr. Jerry Hirschfeld, Physician representing the American Academy of Pediatricians, NACHRI, and SLRMC, spoke in favor of HB 632 because it will provide access to rescue medications. He provided some figures on the fiscal impact of this disease, stating that 1362 of the 24,000 children seen at St. Luke’s in 2003 were asthma patients. Of those 1362, 128 were admitted to the hospital. The enormity of the financial burden for 2003 was $2.7 million, and of this cost, $1 million was billed to Medicaid. |
VOTE on
HB 632 |
A vote was called for on the motion to send HB 632 to the floor with a DO PASS recommendation. The motion carried unanimously by voice vote. |
HB 603 | Representative Bolz presented HB 603, stating this legislation, basically allows school districts who contract school bus transportation services the opportunity, on a one-time basis, to renew the transportation contract with the current contractor for a time period not to exceed five years. He referred to a letter of support for this legislation from the Associate Superintendent of Caldwell School District. Caldwell District spent approximately $35,000 over 1-1/2 years of committee meetings, lawyer’s fees, accounting fees and rewriting bid specifications and re-advertising for bids (Attachment 6). Middleton just spent $5,000 on their bid process. Part of the problem is how contracts are written. Contract costs are usually estimated on normal routes plus supplemental |
PRO | Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, spoke in support of HB 603. The majority of school districts are not involved in contract busing. When looking at those who are, they do support HB 603. |
PRO | Mr. Brent Carpenter, Owner, Brown Bus Company, spoke in support of HB 603 and commended Representative Bolz for his work on this legislation. He responded to questions, stating there are 16-18 contractors operating school buses in Idaho. This number includes the out-of-state contractors. Mr. Carpenter’s company provides services for three districts and one charter school in Canyon County, and there are about 4 or 5 contractors who have multiple contracts. The contracts have provisions for adjusting fuel and oil costs based on current markets. |
Dr. Bob Haley, Legislative Liaison, State Department of Education, stated that the Department has been working with Representative Bolz on this legislation and they stand in support of HB 603. |
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MOTION: | Representative Bauer made a motion to send HB 603 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Kulczyk wished to be recorded as voting “nay”. |
ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:17 A.M. |
DATE: | February 23, 2004 |
TIME: | 9:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Jones and Naccarato |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:04 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 19, 2004 were reviewed. Representative Andersen made a motion to accept the minutes as printed. The motion carried. |
RS 13996 | Representative Trail made a motion to move RS 13996 to the agenda for Wednesday, February 26, 2004 because changes are still being considered. The motion carried. |
RS 14162 | Ms. Kris Ellis, Lobbyist representing the Idaho Assisted Living Association, presented RS 14162. She explained the intent of this legislation is to clarify conflicting rules regarding the distribution of medication from bulk bottles in assisted living facilities. She asked that the committee introduce the RS and then have it referred to the Health and Welfare Committee. |
MOTION: | Representative Rydalch made a motion to introduce RS 14162 and have it referred to the Health and Welfare Committee. The motion carried. |
RS 14117 | Ms. Kris Ellis, Lobbyist representing te Idaho Assisted Living Association, presented RS 14117. She explained the intent of this Resolution is to develop and propose statute and rule changes that allow an oversight process in assisted living that uses new methodologies and increased efficiencies to assure that facilities have appropriate and timely surveys without dramatic increases to the state general fund. She asked that the committee introduce the RS and refer it to the Health and Welfare Committee. |
MOTION: | Representative Sayler made a motion to introduce RS 14117 and have it referred to the Health and Welfare Committee. The motion carried. |
RS 14172 | Representative Block presented RS 14172, stating one of the greatest and noblest gifts we can give Idaho’s youth is a college education and to reward them for being drug, alcohol, and tobacco free. Only 47% of Idaho high school graduates go to college while the national average is 75%. Statistics were provided that support the need to provide incentives for students to abstain from use of drugs, alcohol and tobacco, and this legislation is designed to address this issue by offering Category C scholarships. Research shows that if students are deterred from using drugs, alcohol and tobacco until at least age 21, they are less likely to become addicted. To become eligible for a Category C scholarship, a student must enter Representative Block stated that there would be no fiscal impact in FY |
MOTION: | Representative Nielsen made a motion to introduce RS 14172. |
Mr. John Hathaway, Region V Director, Health and Welfare, worked with Representative Block on this legislation. He pointed out that 80-85% of the children in foster care are there because of alcohol and drugs. When talking with disadvantaged youth about this legislation, they were excited and indicated there is really no reason/incentive for them not to use drugs and alcohol. The prevention programs in place don’t seem to be having an impact. The Idaho Department of Health and Welfare has 2900 employees and 1600 provide family and child services at a cost of $154 million per year. Mr. Hathaway agreed that we need to try and reach students before they get into high school, because the average age of students using alcohol is 12.9 years of age. |
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VOTE ON
RS 14172 |
A vote was called for on the motion to introduce RS 14172. The motion carried by voice vote. |
RS 14148C1 | Representative Eberle presented RS14148C1, stating this legislation was brought to him by a concerned constituent. It was pointed out that Idaho has taken great steps to ensure students are educated and many laws reflect the belief that children need to be 18 or older before they are given certain privileges and considered adults. Yet, a 16-year old can dropout of school. In a letter received by Representative Eberle, Mr. John Murdock, Idaho Falls, urged raising that age to 18. This legislation proposes a compromise and changes the age to 17. The fiscal impact of this legislation is estimated to be $7.2 million to fund the additional 1.44% support units. It is felt that many students will continue to drop out with parental permission. When asked about married students with children and how this legislation |
MOTION: | Representative Rydalch made a motion to introduce RS 14148C1. The motion carried by voice vote. |
Students from the Bishop Kelly High School government class were introduced. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 9:28 A.M. |
DATE: | February 24, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please note presenters highlighted below and refer to the committee sign-in sheets. |
Chairman Schroeder called the joint meeting of the House and Senate Education Committees to order at 8:49 A.M. He introduced Vice Chairman Gannon and Chairman Barraclough and Vice Chairman Lake. Chairman Schroeder assured everyone present that both committees view charter/virtual schools as part of the public school system. He stated there are many financial challenges for all of education this year. Chairman Barraclough stated he appreciates the opportunity to hear from |
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PRESENTATION: | Ms. Kelly Roush, Teacher, IDVA, stated she comes from a traditional school teaching background and has taught for the IDVA for two years. Resources provided to IDVA students and parents include offline materials, online curriculum and teacher support. Students only spend 15-20% of their time online, and the K-12 curriculum is very robust. Ms. Roush demonstrated the various components of the system: (1) The student portion of a lesson on the sense of hearing was shown. As new curriculum is developed by K-12 it can be downloaded and |
PRESENTATION: | Mr. David Gencarella, Chairman of the Board of Directors for IDVA, thanked the committees for providing a forum to discuss their program. He stated that prior to accepting the position of Chairman last February, he worked in pharmaceuticals. He stressed that choices are great and one size does not fit all. Around 2000 families have now joined the IDVA. Mr. Gencarella reviewed IDVA’s current situation, stating they don’t have IDVA’s need for $5,000 per student is less than the average of $6,800 for A great deal of misinformation about IDVA has been circulated, and Mr. |
Senator Schroeder took a few minutes to discuss Idaho’s constitutional separation of powers between the Legislative, Executive and the Judicial branches, stating that the actions of the State Board of Education can’t stand. He said the first thing we need to do is allow the IDVA to continue, next have a six member committee determine costs, and then have an Interim Committee look at all virtual offerings in the state and identify code that doesn’t fit. |
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A lengthy discussion followed and key issues centered around:
Number and nature of students leaving the IDVA – Two hundred Federal Funding – IDVA receives no Title I funding because these funds Management of IDVA – IDVA is run by a Board of Directors, they have a Funding Formula – Mr. Tim Hill, State Department of Education, Excess Funding – If there was a net savings because IDVA was only Confidentiality – It was asked whether names and email addresses of Other Cost Issues – It was stated that disclosures show that a lobbyist |
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Chairman Barraclough said after analyzing the testimony, it all comes down to funding. By any criteria, if the amount promised is not received, IDVA will fail. What schools are paid for their actual expenses? What would you recommend to avoid the train wreck? Mr. Gencarella stated the Legislature needs to pass legislation that provides a long-term solution. |
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Chairman Schroeder closed the meeting by saying we want to make sure we have a virtual experience in Idaho. Chairman Barraclough stated that virtual learning is the wave of the future, and the Legislature need to resolve this issue and stop making comparisons. |
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ADJOURN: | There being no further business to come before the committee, Chairman Schroeder adjourned the meeting at 10:25 A.M. |
DATE: | February 25, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Eberle |
GUESTS: | Please note presenters highlighted below and refer to the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:36 A.M. with a quorum being present. The committee was updated on the charter school issues and informed that the Governor has proposed charter school legislation that will start in the Senate Education Committee. At the rally yesterday, Chairman Barraclough reminded those present that ten years ago a member of this body, Representative Tilman, had a vision that resulted in the formation of charter schools. |
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RS13996C2 | Representative Ringo presented RS 13996C2 to the committee, stating she has worked closely with the Idaho School Board Association on this legislation. The legislation will provide a short-term solution for the NCLB mandate that school districts hire highly qualified teachers by the 2005-2006 school year. Idaho currently has 290 teachers who are mis-assigned or are consultant specialist. The legislation provides an emergency measure to hire retired teachers or educators, but with strict controls. Contracts would be for no more than three years, and the legislation will sunset in 2007. It was clarified that teacher’s who have received an early retirement bonus |
MOTION: | Representative Andersen made a motion to introduce RS13996C2. Representative Lake suggested this legislation should be referred to Human Resources because of the PERSI implications. The motion to introduce RS13996C2 passed by voice vote. Representatives Lake, Kulczyk, and Nielsen wished to be recorded as voting “Nay”. |
HB740 | Representative Boe presented HB 740. A handout was provided outlining kindergarten requirements according to author Robert Fulghum in his book “All I Really Need to Know I Learned in Kindergarten“ and a chart showing what kindergartners are expected to know before first grade under the new Idaho standards (Attachment 1). Unfortunately, many families still think kindergarten is a place to play. Kindergarten is the serious beginning of a child’s education. Educators in Representative Boe’s district asked her to carry this legislation because children who do not attend kindergarten often struggle throughout school, and this legislation can help them. According to the State Department of Education (SDE), $2.3 million was Representative Boe walked through the legislation, pointing out that changes In response to questions, Representative Boe indicated that (1) changing the |
PRO | Ms. Janet-Lee Murphy, KindergartenTeacher representing IEA, spoke in favor of HB 740. She stated that in her nearly 30-year teaching span, she has watched Idaho’s public kindergarten program grow from “naptime and milk & cookies in the church basement” to what is proudly described in her district as a “developmental program with academic outcomes”. This legislation making kindergarten mandatory is the next logical step in providing the best possible educational opportunity for some of Idaho’s youngest learners and provided four reasons for this (Attachment 2). She said she welcomes the Legislature raising the bar, but doesn’t see how we can mandate curriculum and not mandate attendance. How can we afford not to support? |
PRO | Mr. Darryl Jungen, Teacher representing the IEA, spoke in support of HB 740, addressing how children are impacted who do not attend kindergarten. Last year there were two children in his classroom who did not attend kindergarten, and it took a full year of special reading services to get them reading at grade level. He is concerned that we may be denying these children opportunities to explore their potential. |
PRO | Ms. Sonia Krueger, Teacher representing the IEA, spoke in support of HB 740, stating she has been a teacher for 14 years. She shared stories about three of her students (Attachment 3). Kristina came to school two days a week because she had to stay home and care for three younger siblings. Amy, a student she has this year, has missed 24 days in the first semester alone because she has to go to work with her Dad and is often 30 minutes late when she does attend. Brent’s parents are divorced and he is living between two houses. The parents blame each other for his poor attendance. These children’s poor attendance in kindergarten is not going to help them |
PRO | Dr. Bob Haley, Legislative Liaison, State Department of Education, spoke in support of HB 740. He said he has seen education in Idaho change dramatically in the last five years. The 15 districts he consults with indicated that there may only be a handful of students not attending kindergarten. Dr. Haley pointed out that when you look at the current year’s figures for those not attending kindergarten and add in those students attending private kindergarten there appears to be only 120 students entering first grade who have not attended kindergarten. If this legislation passes, it should actually have a minimal fiscal impact because a support unit cushion was built into the public education budget as proposed by JFAC. |
PRO | Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, spoke in favor of HB 740, stating his organization recognizes how different kindergarten is today. NCLB brings with it more emphasis on academic success for all students and more accountability for teachers. In a recent conference call with the superintendents, no concerns were expressed. They too believe there is a smaller number of children who are not attending kindergarten. Dr. Friend relayed the fact that the Idaho School Boards Association also supports this legislation. |
Ms. Murphy addressed the standards requirements for a kindergartner (Attachment 1), stating that a non-educator may not determine the importance of each of these. Representative Boe closed by saying remediation is very expensive and |
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MOTION: | Representative Nielsen made a motion to hold HB 740 in committee, indicating that mandating a child to leave home at six is very difficult for some children. Where 95% of children are attending kindergarten, it is not worth mandating. |
SUBSTITUTEMOTION: | Representative Andersen made a substitute motion to send HB 740 to the floor with a DO PASS recommendation. Several members spoke in opposition to the substitute motion citing concerns about (1) the small percentage of students we are addressing, (2) no performance comparisons being given for the 95% vs. the 5%, (3) no flexibility and may see preschool mandated next; and (4) the situation will probably not change for those who are now being kept home. Those speaking in favor of the substitute motion indicated (1) that children who do not attend kindergarten begin school behind and require a lot of time and resources to bring up to grade level, (2) NCLB brings more pressure to students who are behind as well as added pressure for the teachers, (3) early brain development shows positive results, and we need to use the best science in education; (4) mothers don’t always have the resources they need, especially when divorced; (5) if parents feel the child is not ready for school, the school will work with them. |
VOTE ON
HB 740 |
A roll call vote was taken on the substitute motion to send HB 740 to the floor with a DO PASS recommendation. The motion carried by a 10 to 7 vote. Representatives Jones, Trail, Bradford, Block, Cannon, Garrett, Boe, Andersen, Naccarato, and Sayler voted “Aye”. Representatives Barraclough, Lake, Rydalch, Bauer, Kulczyk, Nielsen and Bayer voted “Nay”. |
HB 713 | Representative Trail presented HB 713 to the committee, stating this legislation makes major changes to the Promise Scholarship Program, and these changes are that scholarships will be for one year only, colleges may provide a match for the program in the second year, and students may only qualify based on their academic record prior to attending college (Attachment 4). Implementation will be delayed for one year and in working with Ross Borden, Legislative Services, it was determined that the fiscal impact will be neutral (Attachment 5). |
Mr. Dan Davenport, Director of Admissions and Financial Aid at the University of Idaho, represented the financial aid administrators across Idaho who are in support of HB 713 and the proposed changes. He pointed out that this scholarship program helps 5,000 new students each year and it is important that the program runs well. The financial aid officers have worked together to suggest improvements to |
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MOTION: | Representative Nielsen made a motion to send HB 713 to the floor with a DO PASS recommendation. It was clarified that universities will not be reporting the number of awards that were matched by the institution because they will not match the scholarship money the first year. Matching would be allowed the second year and not involve state funds. CSI felt this would make them much more competitive and would provide more incentive for students to stay their second year. The only schools currently providing matching funds are ISU, CSI, Albertson and NW Nazarene. All of the Idaho colleges and universities are represented by Mr. Davenport |
VOTE ON
HB 713 |
A vote was called for on the motion to send HB 713 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representatives Rydalch and Bauer wished to be recorded as voting “Nay”. |
ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 10:05 A.M. |
DATE: | February 26, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
Vice Chairman Lake called the meeting to order at 8:32 A.M. with a quorum being present. He explained that Chairman Barraclough was detained, but will assume the Chair in a few minutes. |
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MINUTES: | The minutes of February 24, 2004 were reviewed. Representative Andersen made a motion to accept the minutes as printed. The motion carried by voice vote. |
RS14195 | Representative Bedke presented RS 14195 to the committee, explaining the legislative intent is for the state board of education and state department of education to develop statewide, research-based goals for students in Idaho who are English Language learners. For a number of years there has been a line item in the public school budget for Limited English Proficient (LEP) funding. Last year $4.4 million was budgeted for the LEP program, and this year’s request was for $4.85 million. Districts receive funding based on the number of LEP children in their district. Despite all the money we are spending there is still a gap in LEP |
MOTION: | Representative Kulczyk made a motion to introduce RS 14195 for printing. |
Mr. Sam Byrd, Consultant, Commission on Hispanic Education, stated he supports this legislation. Mr. Byrd briefed the committee on past efforts, lawsuits, plans and committees that have tried to address the LEP issue in 1979. This is not a new issue and those involved have been unwilling or unable to close the gap. This is not about students being able to speak English, but it is about academic achievement and all students being held to the same level of accountability. |
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VOTE ON RS14195 |
A vote was called for on the motion to introduce RS14195 for printing. The motion carried by voice vote. |
HB 728 | Senator Keough introduced HB 728 to the committee, explaining that she and Representative Eskridge have worked with the Idaho Association of School Administrators and the Idaho School Boards Association, and they are proposing to amend this legislation by striking the sentence beginning “At the option…” on Lines 12-15. The technology competency requirement currently exists in rule, but the |
Representative Eskridge addressed HB 728, explaining that he has one teacher in his district who is on the verge of retirement and will stay an additional year if the technology competency requirement can be waived. This legislation will help the rural districts that have difficulty recruiting qualified teachers by providing flexibility at the local level. It was clarified for the committee that the technology competency |
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Representative Kulczyk suggested that a five year sunset clause be added to the legislation. A concern was voiced about lowering the standard with this legislation, and Representative Eskridge said he does not feel it does. |
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Ms. Robin Nettinga, Idaho Education Association, stated that with the proposed amendments, the IEA supports HB 728. When asked if a 5-year sunset clause is acceptable, she indicated it is. |
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Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, stated his organization supports HB 728 with the changes. This legislation puts in place the appeal process and the 5-year sunset clause makes sense. Those teachers coming from out-of-state can benefit from this. |
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Dr. Bob Haley, Legislative Liaison, State Department of Education, said the Department’s concerns are addressed with the amendments. |
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Dr. Cliff Green, Executive Director, Idaho School Boards Association, said his organization supports HB 728 with the amendments. The criteria outlining the waiver process is important. |
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MOTION: | Representative Boe made a motion to send HB 728 to the amending order with committee amendments attached. The amendments are to strike the sentence beginning “At the option…” on Lines 12-15 and to add a 5-year sunset clause. Representative Jones suggested that the amendments help the bill, but Representative Boe said she would be glad to include the proposed |
VOTE ON
HB 728 |
A vote was called for on the motion to send HB 728 to the amending order with committee amendments attached. The motion carried by voice vote. |
Chairman Barraclough informed the committee that several pieces of charter school legislation have passed out of the Senate Education Committee. The Attorney General’s Office has been asked to present the same information to this committee that was presented to the Senate Education Committee last week. |
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PRESENTATION: | Mr. Terry Coffin, Division Chief, Contracts and Administrative Law Division, stated he would address only charter school laws pertaining to purchasing. In general on charter school law, he indicated that this is like trying to graft on a new system without killing the tree and advised them that they need to say exactly what they mean when drafting legislation. The Attorney General’s office has provided more opinions on charter school law the last two-three years than any other legislation. He provided information on 33-5202 (Legislative Intent); 33-5210 (Application of school law – Accountability – Exemption from state rules); 33-601 (Real and personal property – Acquisition, use or disposal of same); and 33-5204 (Nonprofit corporation – Liability – Insurance) highlighting areas of concern (Attachment 1). On Item 3 of Attachment 1, it clearly outlines procedures to be followed Mr. Coffin said he doesn’t feel we need to start over on charter school |
PRESENTATION: | Mr. Bart McKnight, Chairman of the Board for Liberty Charter School, spoke to the committee about Liberty Charter. Liberty has had five years of success, and their IRI scores are shown in Attachment 2. Liberty serves average kids, their demographics are much the same as other schools in the district, and they have children on IEPs. They are proud of the progress made and the fact that are able to bring average students up to above average. Liberty has dealt with many negative and positive issues and many of the newspaper articles reflect the problems they have had. Liberty has spent $100,000 since 2001 on legal fees defending the school. This is a situation where one education entity has power over another. |
Mr. Bob Henry, Nampa Board of Trustees, was asked to say a few words, and he stated that the problems the Board is having with Liberty are (1) compliance with the charter; and (2) compliance with Idaho Code. Mr. McKnight was asked how Liberty does not comply, and he said they are in compliance. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:02 A.M. |
DATE: | February 27, 2004 |
TIME: | 10:00 A.M. or upon Adjournment |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Jones and Garrett |
GUESTS: | Please note presenters highlighted below and refer to the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:46 A.M. with a quorum being present. |
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MINUTES: | The minutes of February 25 and 26, 2004 were reviewed. Representative Lake made motions to accept both sets of minutes as written. The motions carried by voice vote. |
RS14188C1 | Representative Rydalch presented RS14188C1, stating this House Joint Memorial requests that the President of the United States, the U.S. Senate and House of Representatives and Idaho’s Congressional delegation vigorously supports and expands the Idaho National Laboratory as it develops a world class multiprogram laboratory. Representative Rydalch explained that INEEL will soon become know as the Idaho National Laboratory. INEEL has gone from 12,000 employees down to 6,000 and this affects the revenue coming to the state. It is extremely important for states to support federal laboratories. While |
MOTION: | Representative Cannon moved to introduce RS14188C1 for printing and refer it to the second reading calendar with a DO PASS recommendation. The motion carried by voice vote. |
RS14185 | Representative Rydalch presented RS14185. She explained the purpose of this legislation is to commend the Idaho National Engineering and Environmental Laboratory for its 55 years of service to Idaho and to the United States of America. |
MOTION: | Representative Block moved to introduce RS14185 for printing and refer it to the second reading calendar with a DO PASS recommendation. The motion carried by voice vote. |
SJM108 | Representative Jaquet introduced SJM108 stating that this joint memorial is being sent to the President and to Congress to address Idaho’s concerns about the No Child Left Behind Act (NCLB). Representative Bedke met with Congressman Mike Simpson, teachers Representative Bedke commented that this has been an interesting This legislation urges Congress to support the four (4) amendments (1) Allow determinations of “adequate yearly progress” to be made (2) Target options for choice and supplemental services to specific (3) Provide flexibility and more reasonable rules for English (4) Permit states to identify, for school improvement only, those When asked why long term Federal funding wasn’t included as a |
PRO | Dr. Phil Kelly, Professor of Education and Policy, Boise State University, spoke in support of SJM 108. He pointed out that measuring student growth is good, and subgroups are integral and can’t be translated into different expectations/proficiency levels for kids. The ISAT may now have to be amended to deal with measuring student growth rather than AYP. Idaho was mandated to change the ISAT from the Assessment and Accountability Committee’s approach to one that met the US Department of Education’s requirements. |
PRO | Mr. Jim Shackelford, Executive Director, Idaho Education Association, stated his organization supports SJM 108. He thanked all the parties involved in this legislation and said this is a very constructive way to approach NCLB. While other states are asking for waivers or pulling out, Idaho has rolled up its sleeves. The two things teachers talk about across the state are (1) change this to look at how students do individually and (2) provide flexibility regarding ELL/LEP students without removing accountability. These items will allow the state to devote special resources to ensure competency. |
PRO | Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, spoke in support of SJM 108 and indicated that this legislation is a good illustration of what can happen when people sit down together. When addressing the benefits of measuring student growth, he stressed that we must be accountable to stretch this to high achieving students too. When asked about gifted and talented students being left behind and incorporating virtual learning into the brick and mortar schools to provide opportunities for the gifted and talented students, Dr. Friend said virtual learning is a possibility. School administrators must ensure AP and GT programs are not cut. |
MOTION: | Representative Trail made a motion to send SJM 108 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representatives Kulczyk and Eberle wished to be recorded as voting “Nay”. |
ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 11:20 A.M. |
DATE: | March 1, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail (Bennett), Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Block and Naccarato. Representative Bennett will be sitting in for Representative Trail for several days. |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:33 A.M. with a quorum being present. Dr. Earl Bennett was introduced. He explained he will be sitting in for Representative Trail this week. Dr. Bennett is a retired Dean from the University of Idaho. |
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HB 603 | Representative Bolz presented HB 603 to the committee. He explained that after this bill received a DO PASS recommendation from the committee last week, some concerns surfaced. To clear the air and address the concerns regarding the JLOC report and the Boise School District bus contract issues, he chose to bring the bill back to the committee. He pointed out that the report from the Office of Performance and Evaluations made recommendations for districts who do not contract their transportation as well as those who do. |
MOTION: | Representative Rydalch moved to send HB 603 to the floor with a DO PASS recommendation. Mr. Brent Carpenter, Brown Bus Company and Dr. Mike Friend, Executive Director, Idaho Association of School Administrators both restated their support for this legislation. Representative Stevenson spoke in support of HB 603, stating the two school districts in his legislative district deal with two private bus companies. These companies need assurance that their contracts can be extended. It was pointed out that it is bad to avoid making laws because of one bad situation, and this legislation is not the vehicle to address saving transportation costs. This legislation gives assurance to bidders, and all but 7 districts are following the Department’s contract format. A vote was called for on the motion to sent HB 603 to the floor with a DO |
S 1255 | Senator Malepeai introduced S 1255, stating this bill comes from the State Department of Education and only changes three words. The bill will increase the distribution of funds to public schools for their driver education programs from $110 to $125 per student enrolled in the course. The increase helps offset the average 59% overall increase for the cost of vehicle fuel, oil, maintenance, insurance and training materials. This reimbursement increase to schools may reduce the growth of student fees paid by families for driver education, which have increased 145% since 1995. The funds are dedicated funds and are generated by driver licensing fees. |
MOTION: | Representative Andersen moved to send S 1255 to the floor with a DO PASS recommendation. A question was asked about fees for private driving schools, and Ms. Beth Weaver, State Department of Education, stated that the Department does not gather information from all private schools, but it is estimated that average private driving school fees are $275 and fees for schools are $77. A vote was called for on the motion to send S 1255 to the floor with a DO |
HB 750 | Representative Eberle presented HB 750 to the committee. He said he did a lot of thinking about this legislation over the weekend and is concerned about not knowing the real fiscal impact. It is difficult to determine the dropout rate because many who dropout have their parent’s consent. He voiced a concern that most of these students will not pass the ISAT. He suggested that amendments are needed to provide a waiver for those students who complete their high school requirements and for those who are home schooled. |
PRO | Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, spoke in support of HB 750. It has been a long time since Idaho has considered compulsory attendance at the end of public school. Support for this legislation centers around NCLB requirements and to decrease the dropout rate. Most children will be 16 when they take the ISAT. Students need incentives for completing school. |
CON | Mr. Barry Peters, Attorney for the Coalition of Home Educators, spoke in opposition to HB 750. He stated that this legislation has a wonderful, laudable goal, but it is questionable whether this bill will actually help accomplish this goal. Mr. Peters provided statistical data from the National Center for Education Statistics website that indicates by state the dropout rates and provides the compulsory age for each state (Attachment 1). In determining the median dropout rates for 1998-1999 and 1999-2000, he found that in states where the compulsory age is 16, the dropout rate is 4.2%; 4.9% at 17 and 5.0% at 18. Statistically it appears the opposite goal is achieved by raising the compulsory age. A comment was made that these statistics do not seem to correspond |
CON | Mrs. Res Peters, Eagle representing herself, stated she has taught more than 3,000 students in elementary and secondary schools and has found that (1) students who want to dropout at 16 have had this mind set for a number of years; (2) negative peer pressure is prevalent and contributes to school dropouts; and (3) in schools potential dropouts absorb the resources and cause a negative impact on other students. Out of 3,000 students she found one exception. Mrs. Peters said entering the workforce and facing reality seems to be the best solution for many of these students. Representative Bennett stated that Genesee High School has no dropouts, and he wonders about the emphasis put on “at risk” students. Mrs. Peters said she feels a lot of emphasis is placed on these students, but they have mentally dropped out way before they physically dropout. |
Representative Barraclough, co-sponsor of HB 750, stated this is a difficult bill. He explained he voted against the legislation that mandates children attend kindergarten because it dealt with such a small number of children. In light of NCLB, accountability issues and how dropping out affects students this is a serious issue. This legislation may be premature, but at most it will focus concerns. The issue of the fiscal impact was brought up, and it was asked under what rock we’ll find funds. Mr. Hill clarified the fiscal impact given here is based on an estimated 5,900 additional support units, and the fiscal impact does not assume students will move to alternative schools. |
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MOTION: | Representative Kulczyk moved to hold HB 750 in committee, stating it may help some but hurt others. The bill does not address those students who complete high school requirements by age 16. Representative Sayler stressed that it is our moral and constitutional duty to keep students in school regardless of cost. A vote was called for on the motion to hold HB 750 in committee. The motion carried by voice vote. |
ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 9:30 A.M. |
DATE: | March 2, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail (Bennett), Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
.Representatives Garrett and Kulczyk |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet |
Chairman Barraclough called the meeting to order at 8:35 A.M. with a quorum being present. Representative Bennett reported that Representative Trail’s angiogram showed no blockage, and he will return on Monday. |
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MINUTES: | The minutes of February 27 were reviewed. Representative Naccarato moved to accept the minutes as written. The motion carried by voice vote. |
PRESENTATION: | Dr. Richard Bowen, President, Idaho State University (ISU), was introduced by Chairman Barraclough. Dr. Bowen has been at Idaho State University for 19 years and was praised for his strong pitch for ISU programs and for appreciating the funding he has received. Dr. Bowen referred to the brochure entitled Idaho State University Dr. Bowen pointed out that ISU has a lower rate per credit hour than it did Dr. Bowen mentioned that the appropriation bill for higher education may ISU will have to go back for an additional 2% student fee increase, raising Dr. Bowen responded to the following: (1) Cooperation/coordination efforts with the new presidents at BSU (2) Issues with American Indian students not taking enough (3) ISU’s participation in the Idaho Falls University Place: There are (4) Promise Scholarship legislation that proposes awarding $500 per (5) Attrition rates and is it better to spread the scholarship over a (6) Funding sources for ISU: About 32-33% of their funding comes from (7) Impact of BYU-Idaho going to a four-year institution: BYU-Idaho (8) Computer technology for teach math: ISU is participating in this (9) Impact of budget constraints on attracting and retaining faculty: Chairman Barraclough thanked Dr. Bowen for his presentation. |
RS 14230C1 | Representative Block presented RS 14230C1 to the committee. She explained that since Mr. Hathaway, Region V Director, Department of Health and Welfare, was here and RS 14172 was presented, several groups have given her new ideas about this legislation. She said the first RS was good, but this one is better. This legislation proposes no changes to the Category A and B It was explained that the fiscal impact for Category C scholarships will Representative Block stated that “the solution to poverty is education, and In response to questions, the following was clarified.
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MOTION: | Representative Boe moved to introduce RS 14230C1 for printing, stating this idea has merit and warrants further discussion. The motion carried by voice vote. |
Mr. Marty Peterson, University of Idaho, addressed the possibility that the financial aid director from the University of Idaho had misrepresented Idaho State University. Based on the information gathered at the meeting with all of the financial aid directors, is was assumed from ISU’s input that they supported the changes proposed in HB 713. Dr. Bowen does not support these changes; therefore, Idaho State University does not support HB 713. A concern was voiced that the policy makers were not involved, and Mr. |
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Ms. Connie Richey, lobbyist for Idaho State University, voiced student concerns about student fee increases being used for the 2% faculty raises. She said raising student fees creates a real burden on students, especially when most are incurring high levels of debt already. The students ask that the legislators consider not voting for the higher education appropriations bill. When asked if it is better to spread the Promise Scholarship money over a two-year period or award it all the first year, Ms. Richey said from her perspective it is better to spread it over two years. |
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MOTION: | Representative Lake stated his concerns about HB 713 and made a motion to bring it back to the committee. The motion carried by voice vote. Representatives Bennett and Naccarato wished to be recorded as voting “Nay”. |
ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 9:55 A.M. |
DATE: | March 3, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Gold Room |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail (Bennett), Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Kulczyk |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the Joint House and Senate Education meeting to order at 8:05 A.M. with a quorum being present. He welcomed everyone and said he appreciates their attendance and the cooperation of those involved with education. |
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PREPARATION: | Dr. Robert Barr, Boise State University, indicated he is making his annual pilgrimage to present the annual Idaho Reading Initiative (IRI) Report prepared by the Center for School Improvement and Policy Studies, College of Education, Boise State University. Dr. Barr emphasized that there is an avalanche of research that confirms the enormous importance of reading and how essential it is for children to learn to read early and well. Without reading skills students can’t do their school work, their risk of Dr. Barr commended the Legislature for passing the IRI. This legislation The IRI is on target because the test is quick and effective, assessments Dr. Barr mentioned that Senator Schroeder asked last year that his report Referring to page 5 of the report, he pointed out that in 1999, 17,000 Idaho Page 7 describes the changing demographics in Idaho.
Comparisons of IRI scores for the ethnic categories and selected learning Dr. Barr emphasized that there is a greater drop in achievement among the Two success stories are highlighted on pages 10 and 11. Sacajawea Policy recommendations are provided on pages 12 – 15 from the Idaho In Dr. Barr’s closing remarks, he said that if we want to continue to have |
Several committee members thanked Dr. Barr for his dedication to this project and his service to Idaho and asked that he continue to “hold their feet to the fire”. It was pointed out that this program costs us an absolute pittance and is highly successful. In response to a question from Senator Schroeder about Idaho embarking |
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Dr. Randy Thompson, Academic Affairs Officer, Office of the State Board of Education (OSBE), stated that Idaho’s current certification process allows for the hiring of consultant specialists, and Idaho now has 200 specialists. To meet the highly qualified teacher requirements set forth by the US Department of Education, it was determined that Idaho needs to develop a new certification process, and we won’t be able to use consultant specialists. Idaho’s Most, chaired by Mr. Jim Hammond, came up with three alternate certification routes to identify tools that will make the requirements work in rural Idaho. A number of states have internship programs that research shows are comparable to classroom instruction. The OSBE, through rule, accepted the “Passport to Teaching” certification |
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Before Dr. Madigan began her presentation, Representative Barraclough stated that the challenge in education is to protect the excellence and look at ways we can make it better. We need to look at the experience and education of those who may want to take advantage of this alternate certification route. This program provides an alternative or a supplement, not a replacement. |
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PRESENTATION: | Dr. Kathleen Madigan, President of the American Board for Certification of Teacher Excellence, began her presentation by clarifying the question asked previously about the ABCTE applicants just passing a computerized test and being placed in the classroom. She said this seems to be the rhetoric that has flowed into the political arena. She asked that they back up and see what ABCTE is really trying to do. The Passport to Teaching certification is a career pathway for professional
Dr. Madigan pointed out that (1) a bi-partisan group developed computer-based assessments of rigorous standards in subject areas and Pennsylvania still accepts ABCTE certification and 12 other states are in A lengthy discussion followed and Dr. Madigan and Dr. Thompson
Senator Noh voiced a concern that OSBE and IACE have both given their |
ADJOURN: | Chairman Barraclough adjourned the meeting at 10:00 A.M. |
DATE: | March 4, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:36 A.M. with a quorum being present. He thanked the committee for the professional way they ask questions, especially in the joint meetings. We do not want to stifle public input. The comments made yesterday in the joint meeting went further than they should have. He informed the committee that the Governor’s charter school legislation |
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HB 787 | Representative Jaquet introduced HB 787. She explained that Sam Byrd will do the actual presentation. She pointed out that both the State Department of Education (SDE) and the Office of the State Board of Education (OSBE) have been involved in developing this legislation. Some of the districts have plans with measurable objectives, but this legislation will help coordinate the plans and set research-based goals for students who are English language learners. She stressed the importance of closing the gaps in learning for these students and providing focus and measuring growth. |
Representative Bedke added that coupled with the efforts of the OSBE subcommittee, this legislation can help refocus our efforts on this group of kids and direct the $4.85 million more effectively. |
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PRO | Mr. Sam Byrd, Board of Directors, Council on Hispanic Education, stood in support of HB 787. He stressed the importance of this legislation because 60% of Latino students are scoring below grade level and 27-40% of are dropping out. In 1995 the Legislature appropriated $1 million to help these children and that amount has grown to the $4.85 million for FY 2005. He and his community believe English is the key to success. The need to bring accountability to the millions appropriated was Mr. Byrd indicated that we have no statewide plan, but we do have a |
PRO | Representative Martinez spoke in support of HB 787 and stated he will be serving on the OSBE subcommittee. It is important to refocus on how we best address this program and to look at model programs that are working. |
In response to a question about using the two successful programs at Sacajawea and Lapwai schools, Dr. Byrd cautioned that we need proof these are working, and the true test is if they are closing the gap. When asked about schools that have 99 non-English speaking students with 26 different languages spoken, Dr. Byrd said clearly this legislation represents Russians, Vietnamese, Romanians, Native Americans and all other limited English speaking students. He said all deserve an equal opportunity, and it may be necessary to come back for additional resources. When asked if this legislation addressed migrant students, it was pointed out that only 30% of these children are migrant, and by design we must improve the system for all. A member suggested that including and involving parents is critical. |
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MOTION:
VOTE: |
Representative Cannon moved to send HB 787 to the floor with a DO PASS recommendation. Representative Kulczyk stated he has a problem with the language on lines 14-15 because we need to fix the problem, but not do another study. Representative Bedke explained that he questioned this language, but learned that it was included because of a 1983 lawsuit. It was explained that 100 of the 114 school districts do have plans and this should not be a sticky point nor should it be a “deal breaker”. A vote was called for on the motion to send HB 787 to the floor with a DO |
Before S 1323 was presented, it was pointed out by the Chairman and the Vice Chairman that amendments to this legislation are needed. The sponsors are in agreement. |
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S 1323 | Dr. Cliff Green, Executive Director, Idaho School Boards Association, spoke in support of S 1323. He stated that the school trustees voted last November to support a resolution to remove the waiver for insulin dependent bus drivers. He explained that in 2000, Representative Black brought legislation that provided for a waiver for diabetics. |
PRO | Mr. Brian Jullian, Attorney, stated that a large portion of his practice deals with school districts. Mr. Jullian provided handouts including a Federal Register notice announcing that the Federal Motor Carrier Safety Administration has decided to issue exemptions to certain insulin-using diabetic drivers of commercial motor vehicles from the diabetes mellitus prohibitions contained in the current regulations. He also provided copies of United States Code, Chapter 313, Commercial Motor Vehicle Operations (Attachment 1). The waiver for allowing diabetics to get a drivers license is very specific. Idaho Code 33-1509 provides for a waiver from the Federal requirements. This waiver requires that school board trustees must weigh medical evidence, and it is not fair to place this burden on the trustees. By removing this waiver it forces everyone to abide by the Federal regulations and addresses a safety issue. The new Federal waiver provision was just put in place 2-1/2 months ago and no waivers have been processed to date. A discussion followed and Representative Bayer suggested that on Line Representative Bennett asked how many bus drivers we are talking Representative Jones referred to the amendments brought by Mr. Rod Representative Cannon said he has a problem with this legislation the |
PRO | Ms. Karlette Merrick, Trustee, Bruneau-Grandview School District, spoke in support of S 1323. She said her concern is that she does not feel qualified to make medical decisions. She had consulted with two health care providers. One, whose son was diabetic and a long-haul driver, said he would not condone a waiver because of an incident that happened to his son. The other health care provider said he would condone the waiver (Attachment 2). |
PRO | Mrs. Dolcie Roberts, Parent of Nine Children, spoke in support of
S 1323. She has eight children riding school buses. In her experience |
Mr. Fred Riggers, Nez Perce, spoke as a long-term diabetic who has used an insulin pump for 24 years. He provided a picture from an accident he had with his tractor when he passed out. He said he is not sure if he is for or against this legislation, but he knows a number of diabetics who drive school buses or did drive them. |
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CON | Ms. Stacy Beeles, CFO, representing the American Diabetes Association, spoke in opposition of S 1323. She is a small business owner and has Type 1 diabetes. She said she checks her blood frequently and with the help of her doctor and her medical team she knows how to detect if she is having problems. She carries fast acting glucose tablets, and she has to think for her pancreas. She asked not to be discriminated against. |
CON | Ms. Toni Sutton, Area Director, American Diabetes Association (ADA), urged the members to vote against S 1323 (Attachment 3). She said she represents 84,000 people with Type 1 and Type 2 diabetes. In 2000 she worked with Representative Black on the waiver. The legislation says at the discretion of the board of trustees. The school board trustees and the doctors can ask questions. The ADA recommends yearly eye exams, but not everyone follows their recommendation. ADA is not asking that all diabetics be allowed to drive a school bus, because not all of them are good drivers. Thirty-two states have waivers for intrastate bus drivers. |
Representative Ellsworth addressed this legislation stating that her son is a diabetic. Until he was diagnosed she said her impression of diabetes was based on a 30-year old standard. She requested that the committee allow for the amendments. |
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MOTION: | Representative Lake moved to hold S 1323 for time certain until Monday, March 8 to allow the committee time to look at the amendments before a decision is made. Representative Rydalch said she won’t sign-off on this unless the American Diabetes Association supports it. She said this is controversial and on the verge of being discriminatory. |
SUBSTITUTE MOTION: |
Representative Kulczyk made a substitute motion to refer S 1323 to the Transportation Committee because it is not a proper bill for this committee. Representative Jones debated against the substitute motion because the 2000 waiver went through the Transportation Committee without the Education Committee getting a chance to look at it. A vote was called for on the motion, and the motion failed. |
VOTE ON ORIGINAL MOTION: |
A vote was called for on the original motion. The motion carried by voice vote. |
ADJOURN: | The meeting was adjourned at 10:02 A.M. |
DATE: | March 5, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail (Bennett), Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:35 A.M. with a quorum being present. Representative Garrett introduced Ali Ishaq, Student Body President, Boise State University. |
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MINUTES: | The minutes of March 3, 2004 were reviewed. Representative Bennett made a motion to accept the minutes as written. The motion carried. |
PRESENTATION: | Mr. Peter Morrill, General Manager, and Bruce Reichert, Executive Producer, Idaho Public Television, gave an very informative presentation. IdahoPTV helps children be ready to learn, provides a window to the world and delivers service into the home, free! Public television in Idaho is licensed to the State Board of Education and IdahoPTV serves 97% of Idaho, and more than 285,000 people watch this Mr. Morrill addressed their recent upgrade efforts, stating they completed The FY 2004 operating budget was $6.4 million with 63.01% of their |
Mr. Bruce Reichert informed the committee that in the 1980s he spent a lot of time in the Legislature working on the daily “Idaho Reports” segments. To demonstrate the quality programming provided by IdahoPTV, brief clips from the “Lewis & Clark: Crossing the Centuries” (airdate: March 11, 2004); and “Outdoor Idaho, Camp Rainbow Gold” (airdate: May 20, 2004). Camp Rainbow Gold is a camp for cancer patients sponsored by the American Cancer Society and the Mountain States Tumor Institute and is located near Ketchum, Idaho. Doctors applaud the healing nature of this area. Other clips were shown from Dialogue for Kids, Dialogue and Designing Idaho. In response to a question about the level of funding needed to air “Idaho |
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HB 713 | Representative Ringo stated she appreciates the opportunity to answer questions about HB 713. At the earlier hearing on this legislation, it was represented that ISU was in support of this legislation, and they are not. Apparently there was some mis-communication with ISU’s President. The following schools have been contacted and are in support of HB 713: UI, NIC, LCSC, BSU, NNU, Albertson, and BYU-Idaho. CSI didn’t propose this change, but would go along with it. Representative Ringo explained the transition that will take place under |
PRO | Mr. Ali Ishaq, Student Body President, Boise State University, spoke in support of HB 713. He referred to the original intent of the Promise Scholarship to (1) encourage Idaho high school students to attend Idaho colleges and universities and (2) give Idaho high school students incentives to do well academically. He stated that granting this scholarship for one year will give added incentives and may be the decisive factor for whether students attend an Idaho school. This may also provide more incentive for them to maintain academic excellence in order to qualify for a match from the school the second year or to receive additional scholarships. |
Representative Ringo mentioned that she provided members with some of the comments she has received. Of particular interest are those provided by BYU-Idaho outlining specific problems relating to tracking scholarship recipients. In a discussion that followed, it was emphasized that the freshman year |
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MOTION: | Representative Cannon made a motion to send HB 713 to the floor with a DO PASS recommendation. Representative Lake pointed out that based on the number of scholarship recipients, if $1,000 is given the first year, it will exceed the $4.5 million limit for the scholarship, and this provides no incentive for students to stay the second year. Representative Ringo clarified that the amount given would be reduced to $800 for the first year, and that colleges are committed to help students the second year. Representative Block said she talked with President Meyerhoeffer at CSI, Representative Boe opposed the motion, stating that CSI and ISU have Representative Garrett said as the proud Representative of BSU, she Representative Bennett said “every child has the right to try and get a When Representative Bayer asked why schools are not currently Representative Sayler stated this legislation is consistent with Senator Representative Ringo closed by saying that schools have encumbered |
VOTE: | A roll call vote was called for on the original motion to send HB 713 to the floor with a DO PASS Recommendation. The motion failed on a 9 to 8 vote. Representatives Barraclough, Lake, Bradford, Block, Bauer, Kulczyk, Nielsen, Bayer, and Boe voted “Nay” and Representatives Bennet, Rydalch, Cannon, Eberle, Garrett, Andersen, Naccarato, and Sayler voted “Aye”. |
REPORT: | Ms. Janet Orndorff, Vice President of the Boise School Board, was called upon to present the findings of the Boise School District’s 2003 Bus Contract. Before she started, Chairman Barraclough said as an alumni of Boise schools, he is very disappointed in the signal being sent by the district by funding an additional study. He said they should respect the fact that state funds were spent to conduct an independent audit, and they need to review the report conducted by the Office of Performance and Evaluations (OPE) and look for ways to improve their transportation system. Ms. Orndorff addressed the concerns about Boise District rebuffing the findings of the OPE, saying the District asked for the study because they needed more information. According to Ms. Orndorff, none of the trustees nor the administration was |
Mr. A.J. Balukoff, Boise School Board Trustee, said they appreciate the OPE auditors brining this to their attention. The District study shows that Laidlaw, Inc. will spend $31,000 more to maintain the older buses. Representative Garrett said she works closely with Boise District and feels they are professional, hard working and accountable. Referring to the steps for savings in Attachment 2, Mr. Balukoff said even though they estimate they can save $1 million dollars by cutting routes, the costs per mile may not reflect the efficiencies. |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 10:05 A.M. |
DATE: | March 8, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representative Naccarato |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:10 A.M. with a quorum being present. He explained that the sponsors of S 1323 have requested that this legislation be moved to Wednesday’s agenda. |
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MINUTES: | The minutes of March 4, 2004 were reviewed. Representative Bauer made a motion to accept the minutes as written. The motion carried. |
S 1331 | Senator Goedde presented S 1331, stating this legislation addresses the Office of Performance and Evaluation (OPE’s) recommendation that the Department of Education improve accountability of funds and ensure accurate, equitable and consistent reporting mechanisms by all school districts for pupil transportation. This legislation will increase the number and frequency of pupil transportation audits. It is estimated that 1.8 FTEs would be needed to accomplish this task, and A discussion followed and Senator Goedde and Mr. Rod McKnight,
This legislation provides the opportunity to expand the audits to be able to |
MOTION: | Representative Nielsen made a motion to send S 1331 to the floor with a DO PASS recommendation. A debate followed and the following issues were discussed.
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VOTE ON S 1331 |
There being no further debate, a vote was called for on the motion to send S 1331 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representatives Jones, Bradford and Kulczyk wished to be recorded as voting “Nay”. Representative Sayler will carry S 1331 on the floor. |
S 1344 | Representative Goedde introduced S 1344 to the committee, saying this legislation addresses the second recommendation from the OPE in their report on pupil transportation. It is recommended that the Department of Education review and approve local contracts for pupil transportation. District contracts entered into by the boards of trustees for the transportation of pupils will follow the pupil transportation model developed by the Department. This process should help eliminate potential contract problems. |
MOTION: | Representative Lake made a motion to send S 1344 to the floor with a DO PASS recommendation. Representative Jones asked if this legislation applies to charter schools, and it was not clear if charter schools are covered by the transportation section. The motion carried by voice vote. Representative Boe will carry S 1344 on the floor. |
S 1345 | Representative Goedde presented S 1345 to the committee. He explained that districts may now take advantage of group purchases, but this legislation allows for districts to take part in the state purchasing contracts. Representative Trail said that District 6 currently uses cooperative purchasing contracts, but a greater savings may be realized by entering into the state contracts. It was pointed out that this opportunity needs to be publicized, and Representative Boe suggested that the Idaho Association of School Administrators and the Idaho School Boards Association would be the ones to help publicize this. |
MOTION: | Representative Cannon made a motion to send S 1345 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Trail will carry S 1345 on the floor. |
ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 8:55 A.M. |
DATE: | March 9, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:05 A.M. with a quorum being present. |
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MINUTES: | The minutes of March 5 and March 8, 2004 were reviewed. Representative Kulczyk made a motion to accept the minutes of March 8 as written. The motion carried. Representative Lake made a motion to accept the minutes of March 5 as written. The motion carried. |
RS 14260 | Representative Block introduced RS 14260, stating this legislation will provide an opportunity for students to earn an additional Robert R. Lee Scholarship if they remain drug, alcohol and tobacco free during high school. She explained that this RS does not make any changes to the original Category A or Category B Scholarship language, but adds a new Drug, Alcohol and Tobacco Free Category. This legislation does not include a Category C Scholarship, as was originally included in House Bill 804; therefore, this legislation lessens the fiscal impact. It was explained that students who qualify for the Category A or Category Because students will be earning credits from FY 2005 through FY 2009, Representative Block responded to the following questions/concerns: Was this legislation coordinated with the college and university How would the drug testing work? A copy of the Twin Falls School Were other school districts contacted? There are 17 school districts |
MOTION: | Representative Boe made a motion to introduce RS 14260 for printing. Representative Block explained that because it is late in the session, she was hoping that RS 14260 could be introduced for printing and referred to the second reading calendar. |
SUBSTITUTE MOTION: |
Representative Nielsen made a substitute motion to introduce RS 14260 for printing and to refer it to the second reading calendar. A question was asked about the amounts of the various categories of |
PRO | Mr. Rod Leonard, Senior Planner for the Idaho Department of Correction, spoke in support of RS 14260. The use of alcohol, drugs, or tobacco by young people often leads to poor life choices and poor behavior; unfortunately, this behavior may also lead to crime and incarceration. Eighty-five percent of Idaho Department of Correction incarcerated or supervised offenders have some substance abuse issues. Education is a very important component in the rehabilitative efforts of offenders, and offenders with a high school degree have lower recidivism and do much better in the community (Attachment 1). |
PRO | Ms. Patti O’Maley, Teacher representing the Walker Center, spoke in support of RS 14260. She indicated that she has served as the Interim Scholarship Director at CSI. Ms. O’Maley mentioned the high cost to society and the impact on families due to drug and alcohol abuse. She stressed how hopeless these students feel and the importance of transitioning these students back into high school. As a teacher, she believes in educational support. |
PRO | Mr. John Hathaway, Region V Director, Department of Health and Welfare, spoke in support of RS 14260. He pointed out that only 39% of Idaho high school graduates go into higher education compared to three out of four nationally. He talked about the poverty level in Idaho indicating that Medicaid pays for four out of 10 babies born in Idaho, and one of every eight children goes to bed hungry. Many school districts are implementing summer meal programs. He stressed that education will always be the key to breaking poverty. He pointed out that all of the colleges and universities have just raised student fees, and he said he hopes these schools won’t accept the scholarship funds and then say it is too difficult to administer the funds. |
PRO | Mr. Brent Reinke, Director, Idaho Department of Juvenile Corrections, spoke in support of RS 14260. He referred to the 170,936 students who are currently in Idaho’s juvenile corrections system and said this kind of incentive might help some of these young people. A comment was made about students remaining drug free while incarcerated, and a question was asked about whether testing is continued once they are released. Mr. Reinke said testing is continued through the county systems. |
VOTE ON SUBSTITUTE MOTION: |
A roll call vote was called for on the substitute motion to introduce RS 14260 for printing and to refer it to the second reading calendar. The motion carried by a unanimous vote of 18 to 0. |
Mr. Paul Powell, Chairman of the Board of Directors, Hidden Springs Charter School, introduced Mr. James Merriman, Charter School Institute, State University of New York. Because of the Governor’s interest in strengthening the charter school law and the proposed state charter school commission shaping up to be a key battleground, Mr. Powell said he contacted the Center for Education Reform in Washington, D.C. and asked them to identify a national expert who could come and give legislators a national perspective on the charter school issues. Mr. Merriman was recommended. |
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PRESENTATION: | Mr. James Merriman, Charter School Institute, addressed the committee, relating his experiences in New York with what is happening in Idaho. He stressed that a statewide charter school commission is an important juncture and provides an alternate authorizer with statewide authority. The goal of the statewide chartering board is to increase the quality of charters to face the challenges in K-12 and to meet the goals of higher education. Mr. Merriman explained that the New York charter structure came about Only two school districts in New York have authorized six charter schools. Without a statewide authorizing entity, generally, charter schools are A discussion followed and Mr. Merriman clarified the following regarding
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Dr. Randy Thompson stated there has been too much made of the competition between charter schools and traditional schools and not enough emphasis placed on cooperation. Of the 241,199 public school students in Idaho, only 8 or 9,000 attend charter schools. He said there are many opportunities to collaborate between traditional and charter schools and pointed out that Owyhee Elementary has adopted a successful charter school model and enrollment is increasing. |
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ADJOURN: | Chairman Barraclough thanked Mr. Merriman for a very informative presentation. There being no further business to come before the committee, the meeting was adjourned at 9:55 A.M. |
DATE: | March 10, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:07 A.M. with a quorum being present. |
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Ms. Karen Gustafson, Office of the State Board of Education, reminded the committee members that the WICHE reception is being held this evening from 5:00 to 7:00 P.M. at the Hall of Mirrors. There will be a guest speaker around 6:00 P.M. |
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S 1323 | Representative Ellsworth informed the committee that the group working on the amendments for S 1323 have agreed on everything that needs to be done, but they would appreciate more time to work on the wording for the amendments before presenting this bill. |
MOTION: | Representative Jones made a motion to hold S 1323 time certain until Friday, March 12, 2004. He concurs with Representative Ellsworth that they agree in principle, but have not come to an agreement on the exact wording. The motion carried. Representative Eberle asked why this legislation is being heard in the |
Representative Boe shared a comment made by the choir director of the Barcelona Choir who said “he admires schools in America because they teach music”. She said this was a good reminder, and she hopes we continue to teach music in our public schools. |
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ADJOURN: | There being no further business to come before the committee, Chairman Barraclough adjourned the meeting at 8:25 A.M. |
DATE: | March 12, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Jones, Block, Naccarato |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:06 A.M. with a quorum being present. He informed the committee that the financial portion of the Governor’s charter school legislation was passed in JFAC yesterday and was referred to the Senate second reading calendar. |
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MINUTES: | The minutes of March 9 and March 10, 2004 were reviewed. Representative Lake made motions to accept both sets of minutes. The motions carried by voice vote. |
S 1353 | Representative Bayer introduced S 1353, stating that this bill received unanimous votes in both the Senate Education Committee and on the Senate floor. Representative Bayer deferred to Ms. Raegan Komprud to explain the changes. |
PRO | Ms. Raegan Komprud, Lobbyist, Idaho Commercial Driving Schools, explained that Section 33-1702, Lines 32 – 42 are being moved to Section 49-2102. Section 49-2102 will be administered through rule, rather than regulation and Lines 6-8 are deleted to provide clarification. Under 49-2101, Line 42 adds a requirement for criminal background checks, and Lines 48-49 provide that once a person has been certified as an instructor, they can teach in any approved private driver training programs. |
MOTION: | Representative Kulczyk moved to send S 1353 to the floor with a DO PASS recommendation. He said he had worked with Ms. Komprud last session on this legislation and feels it is good legislation. Ms. Komprud was asked how this legislation compares to statutes in |
CON | Ms. Beth Weaver, Specialist, State Department of Education, spoke in opposition to S 1353. Ms. Weaver said the State Department of Education and the Office of the State Board both support moving this responsibility to the Transportation Department. Ms. Weaver opposed this legislation because she feels the current |
VOTE ON S 1353 | A vote was called for on the motion to send S 1353 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Bayer will carry S 1353 on the floor. |
Chairman Barraclough asked the group of students attending the meeting to identify themselves. The eighth grade students from the Sandpoint Charter School were introduced by their sponsor who stated they are visiting the Legislature as part of their Government course. |
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S 1323 | Representative Ellsworth presented the amendments to S 1323, stating they have spent a great deal of time working with the stakeholders, and all are in agreement with the amendments (Attachment 1). Representative Trail asked if this legislation is modeled after statues from other states, and Representative Ellsworth said they did look at statues from other states. |
MOTION: | Representative Lake made a motion to send S 1323 to general orders with committee amendments attached. The motion carried by voice vote. Representatives Jones and Ellsworth will carry S 1323 on the floor. |
Mr. Steve Guerber, Executive Director, Idaho State Historical Society, recited the purpose of this 97-year-old agency as it was formulated by its Board of Trustees as: “The mission of the Idaho State Historical Society is to educate through the identification, preservation, and interpretation of Idaho’s cultural heritage.” He assured the committee that the agency takes its mission seriously, and the Society is doing reasonably well in K-12 education, doing the best of its ability at the college level, and in education as a lifetime process they may be among the most prolific providers of learning to be found in Idaho. Mr. Guerber provided a very informative presentation on the services In response to questions, Mr. Guerber indicated that (1) sufficient |
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Chairman Barraclough had to leave for a meeting so the gavel was passed to Vice Chairman Lake. Repesentative Trail provided the committee with a memo to the |
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Dr. Bob Haley, Legislative Liaison, State Department of Education, provided information on the State/Local Revenues per ADA for 2002-2003 that was provided to Idaho’s charter schools. Generally the financial summaries from the previous year are available by this time, but the Department is running behind on this report. He pulled together these figures at the request of the Chairman. Dr. Haley said he is not here to lobby one way or the other on charter Dr. Haley briefly reviewed Attachment 4 with the committee, pointing out |
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ADJOURN: | There being no further business to come before the committee, Vice Chairman Lake adjourned the meeting at 9:30 A.M. |
DATE: | March 16, 2004 |
TIME: | 8:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
Chairman Barraclough called the meeting to order at 8:33 A.M. with a quorum being present. |
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MINUTES: | The minutes of March 12, 2004 were reviewed. Representative Lake made a motion to accept the minutes as written. The motion carried. |
S 1350a | Dr. Bob West, Chief Deputy Superintendent, State Department of Education, presented S 1350a. This bill amends Idaho Code 33-1209 that gives authority to the Professional Standards Commission within the Idaho Department of Education to revoke, suspend, or deny a teaching certificate, or reprimand a teacher for having violated standards of the code of ethics of the Idaho teaching profession. The bill expands the options now available to the 18 member commission, The bill also makes clarifications and cross references Idaho Code 33-1208, by specifically listing that a conviction of any of the crimes listed in Dr. West explained that the bill was amended in the Senate to insert the Dr. West clarified that this bill applies to anyone holding a teaching |
MOTION: | Representative Lake moved to send S 1350a to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Nielsen will carry S 1350a on the floor. |
Chairman Barraclough asked Mr. Blake Hall, President of the State Board of Education, to address the committee. Idaho is fortunate to have very dedicated, talented people in our education system. The State Board of Education and the Department of Education are committed to working together, and the ultimate desire of all is to improve education in Idaho through education reform. This legislative session will be remembered for its focus on education. Teachers and parents are thanking the Board members for the ISAT, Mr. Hall was asked for an update on the LEP committee and on the status The LEP committee was formed because the State Board saw a The current system of having State Board members appointed and the In response to the November 15 temporary rules being developed without |
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ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 9:25 A.M. |
DATE: | March 18, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
None |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheets. |
Chairman Barraclough called the meeting to order at 8:04 A.M. with a quorum being present. |
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MINUTES: | The minutes of March 16, 2004 were reviewed. Representative Kulczyk made a motion to accept the minutes as written. The motion carried. |
S 1444 | Senator Gary Schroeder introduced S 1444 and provided a handout briefly outlining the appeal procedure, revocation procedure, admissions policy, and the makeup of the Charter School Commission as addressed in S 1444 (Attachment 1). A list of Idaho public charter schools was also provided. Senator Schroeder described the various changes, additions and deletions contained within S 1444.
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Senator McWilliams addressed the changes, additions and deletions found on Pages 4 and 5 of S 1444 that deal with ethics. These changes address the ambiguities in the current charter school law. Public charter schools are organized as non-profit organizations, but are public schools and subject to the same Code of Ethics regarding bribery and corrupt influence, prohibitions against contracts with officers, ethics in government, open public meetings, and disclosure of public records. Subsection 5a deals with what is lawful and unlawful for a director and the A new section, 33-5204A, addresses Professional Codes and Standards |
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MOTION: | Representative Rydalch moved to send S 1444 to the amending order with committee amendments attached. She was looking forward to seeing the Governor’s charter school bill, but this committee was not privileged to see or discuss this legislation. It is important for everyone to make this legislation the best we can for students and parents. Representative Rydalch asked for Brian Whitlock to present the amendments. |
Mr. Brian Whitlock, Chief of Staff, Governor’s Office, introduced the amendments explaining that charter school law has been discussed at length and many have been working on this effort for more than a year. The goal with this legislation is to remove the agony surrounding charter schools and treat folks fairly. S1444 with the amendments will do this. Many of the elements from the Governor’s legislation are included in S 1444 and these amendments will improve the entire bill. It was pointed |
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Mr. Kent Kunz, Legislative Liaison, Governor’s Office, described the amendments (Attachment 3). Major changes are pointed out below.
These amendments improve S 1444 to provide for local control. The |
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Mr. Paul Powell, representing the Idaho Charter School Network, stated he was opposed to S 1444, but will support it with the proposed amendments. |
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Ms. Kathy Phelan, President, Idaho Education Association, said her organization supports S 1444 without the amendments. She asked that they consider the importance of the commitment of the school to the community and the connection between the community and the school as they review this legislation and the amendments. |
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Mrs. June Blackhurst, parent of ten children from Nampa, explained she has spent two months trying to work out the changes to this legislation. Things are different here than expected – it’s about power and money. She supports S 1444, but does not agree with the amendments. She believes in looking at this for all children (the dysfunctional as well as those who excel), not just charter children. The public needs to know there is a cost. |
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Mrs. Cindy Schiller, Nampa, stated she is concerned about the education of all 250,000 students in Idaho, not just those in charter schools. She said it is very expensive to run charter schools, and this issue is about local control and everyone’s tax dollars. She supports S 1444 without the amendments. |
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Mr. Steven Adams, President of the Idaho Charter Association, spoke in strong support of the amendments. He said this legislation is the result of a 1-2 year effort, and he appreciates the Governor’s office brokering a compromise. He mentioned his concern about the majority inflicting their views on the minority. He thanked the Governor’s office for listening. |
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Dr. Cliff Green, Executive Director, Idaho School Boards Association, stated he wanted to dispel a misnomer about the ISBA. ISBA is not anti-charter school, and they support charter schools and applaud their successes. ISBA is concerned that the charter school law is clear and concise. ISBA worked with the Idaho Charter School Network last year and proposed legislation that passed in the Senate but was held in this committee. The participants of S 1444 agree with the Governor that parents make the best choices for their children. Decisions are best left to local control. |
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Dr. Mike Friend, Executive Director, Idaho Association of School Administrators, stated they support S 1444. The IASA supports ethics and standards for all, fiscal accountability for all, providing limitations, the commission as an appellant board, both parties open and fair, and the opportunity to discuss issues/defects. |
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Mrs. Laurie Boeckel, parent from Nampa, stated she wants to see there is an equal and honest playing field. Local control is not about a few parents controlling the system. She is in support of S 1444, keeping local control and keeping private enterprises financially accountable. |
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Ms. Janet Orndorff, Trustee representing the Ada County School District Legislative Committee, stated that they have studied S 1444 and are in favor of this legislation. They have concerns about the amendments because if the 5-year renewal provision is removed it creates a huge problem. Only the public charter school would be allowed to open up the charter which would be the same as allowing only the teachers to open a master contract. Also, if a charter school is allowed LEA status, the district would have no control over the school, but would still be liable. Please make sure there is more time to study and weigh these amendments. |
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Mrs. Gayle O’Donahue, parent representing Liberty Charter School, stated she was one of the founders of Victory Charter School, the first charter school in the state. She supports S 1444 with amendments, citing the year of hard work that has gone into this effort. |
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Mr. Neil Colwell, Legislative Adviser, IACI, stated that the distinctions of the two competing bills are very substantial. Business has the same goals as parents for children – the best outcome and achievement. IACI supports the Governor’s legislation because it creates a level playing field to allow charters to flourish. Elements of S 1444 will continue the strife that exists. The applicant goes to the board of trustees for charter approval and also must appeal to the board of trustees which leaves out the review of the appeal by the Office of the State Board. There is no process for the Idaho Virtual Academy to appeal. The elements in S 1444 all create trails to the courts. Section 14, Page 13 of S 1444 says this act doesn’t apply to existing charter schools, but goes on to say “provided however, that all public charter schools shall come into compliance with the duties and requirements of this act.” The Governor’s bill proposes clear, concise and predictable processes. |
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Mr. Bart McKnight, representing the Coalition of Charter School Families and Liberty Charter School, spoke in support of S 1444 with amendments. He said this legislation will open the doors for all children, and he appreciates the cooperative efforts that have gone on for over a year. |
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Mr. Dale Wheeler, Chairman of the Nampa School District, stated that
S 1444 addresses a lot of the issues and problems they have experienced |
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A discussion followed. Representative Kulczyk cited Rule 38, stating he has a conflict of interest because he is a volunteer member of the Rolling Hills Charter School. Representative Jones said the amendments are significant and the Representative Boe agreed because she wasn’t aware of the Representative Lake took a different approach mentioning that the Chairman Barraclough explained that the amendments are still in draft Representative Andersen said he agrees with Representative Rydalch on Representative Trail stated his concern because when there is a Representative Rydalch spoke in support of the motion to send S 1444 to Representative Cannon said it is impossible to make a well educated vote Representative Eberle said he has studied S 1444 and the amendments, |
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SUBSTITUTE MOTION: |
Representative Jones made a substitute motion to send S 1444 to the amending order. Representative Cannon said he does not support exposing the bill to whatever the floor wants to add or delete. He said he favors sending it to the floor, but reserves the right to gather additional information and go after it on the floor. It was explained that each section will be done individually on the |
ROLL CALL VOTE SUBSTITUTE MOTION: |
A roll call vote was called for on the substitute motion to send S 1444 to the amending order. The motion failed on a 12 to 6 vote. Chairman Barraclough, Representatives Lake, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, and Bayer voted “Nay” and Representatives Jones, Trail, Boe, Andersen, Naccarato, and Sayler voted “Aye”. |
ROLL CALL VOTE ORIGINAL MOTION: |
A roll call vote was called for on the original motion to send S 1444 to the amending order with committee amendments attached. The motion passed on a 12 to 6 vote. Chairman Barraclough, Representatives Lake, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, and Bayer voted “Aye” and Representatives Jones, Trail, Boe, Andersen, Naccarato, and Sayler voted “Nay”. |
ADJOURN: | There being no further business to come before the committee, the meeting adjourned at 9:45 A.M. |
DATE: | March 19, 2004 |
TIME: | 8:00 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Trail and Bauer |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 8:04 A.M. with a quorum being present. |
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S 1329a | Senator Schroeder introduced S 1329a by stating this legislation does two things. It removes obsolete language due to the specified 5-year period for the initial approval of charter schools is up. The second thing the legislation does is allow for the State Department of Education to review a charter petition before the final approval is given by the local school board trustees. Senator Schroeder found that many charter school petitions were being looked at by Carolyn Mauer at the State Department anyway, so he decided it would be a good idea for them to look at all of the petitions before the final document is submitted for approval. In response to questions about problems with petitions and no time line |
MOTION: | Representative Nielsen moved to hold S 1329a in committee for time certain at the call of the Chairman. The motion carried by voice vote. Representatives Andersen, Naccarato and Sayler wished to be recorded as voting “Nay”. |
S 1346a | Senator Schroeder introduced S 1346a, stating that this legislation deals with the attendance area for a public charter school. Lines 18-20 are added to indicate that “The attendance area of a charter school, as described in the petition, shall be composed of compact and contiguous areas”. The amendments provide a clarification for the IDVA in that they operate throughout the state and the state of Idaho is considered a compact and contiguous area. This eliminates schools trying to choose specific households. |
MOTION: | Representative Rydalch moved to send S 1346a to the floor with a DO PASS recommendation. The motion carried by voice vote. Representatives Kulczyk and Nielsen wished to be recorded as voting “Nay”. Representative Naccarato will carry S 1346a on the floor. |
S 1347 | Senator Schroeder introduced S 1347, explaining that as he traveled around the state attending education forums he visited charter schools. At White Pines he found they couldn’t offer transportation the first year of operation because of funding limitations. If transportation is not offered, enrollment may be limit. This legislation will provide 80% of the transportation funds up front the first year and the final appropriation payment will be given in July. Senator Schroeder clarified that traditional public schools and charter schools can share transportation just as some private schools also share traditional public transportation. |
MOTION: | Representative Andersen made a motion to send S 1347 to the floor with a DO PASS recommendation. |
Mr. Paul Powell, Idaho Charter School Network, spoke in support of
S 1347, saying it could be made better if it applied to those charter |
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The motion to send S 1347 to the floor with a DO PASS recommendation carried by voice vote. Representative Andersen will carry S 1347 on the floor. |
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S 1348 | Senator Schroeder introduced S 1348, stating that America believes we should be governed by elected officials. When he visited White Pines he asked how their Board of Directors are selected and they said the parents elect the Board and Colorado does the same. The Moscow Renaissance does not elect their Board and it has created many problems. The charter petition will spell out how elections will be held after the second year of operations. |
Mr. Paul Powell, Idaho Charter School Network and Chairman of the Legislative Committee, spoke in strong opposition to S 1348. He referred to Section 33-5204(1), Idaho Code, which states “A charter school shall be organized and managed under the Idaho nonprofit corporation act.” The boards we are talking about are not typical school boards of trustees, but boards of directors of a nonprofit corporation. The Board has many responsibilities; however, the primary role of the Board is to ensure that the charter school operates within the law and adheres to the charter document (Attachment 1). There is no evidence that a change to the election process will either improve student achievement or improve management of the charter schools. IACI also opposes S 1348. Mr. Powell was asked if Board of Directors are compensated. Mr. Powell |
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Mrs. Laurie Boeckel, spoke in support of S 1348. She said she is not an expert on all charter schools, but as a taxpayer she is concerned that we want to restrict votes. She mentioned being able to vote for a trustee or run against a trustee. She asked that we not let a few ruin charter schools for all in Idaho. |
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MOTION: | Representative Lake moved to hold S 1348 in committee, saying it is not the end of the world if we don’t act on this legislation this year. |
SUBSTITUTE MOTION: |
Representative Nielsen made a substitute motion to hold S 1348 in committee time certain at the call of the chairman. When Mr. Powell was asked to clarify how he would address the problem |
A roll call vote was called for on the substitute motion to hold S 1348 in committee time certain at the call of the chairman. The motion passed 12 to 3. Chairman Barraclough and Representatives Lake, Bradford, Block, Rydalch, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, and Boe voted “Aye”. Representatives Andersen, Naccarato, and Sayler voted “Nay”. |
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S 1361 | Dr. Bob West, Chief Deputy Superintendent, State Department of Education, presented S 1361. He indicated that the proposed amendment requires a petition to convert an existing school to charter school status or to create a new charter school and would require that the petition contain a copy of the articles of incorporation and the bylaws of a proposed nonprofit corporation that is being brought to the local school district for approval. Problems can result when these are not included in the petition (Attachment 2). There is no conflict with S 1444 or the amendments. |
MOTION: | Representative Cannon moved to send S 1361 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Cannon will carry S 1361 on the floor. |
S 1363 | Dr. Bob West, Chief Deputy Superintendent, State Department of Education, presented S 1363, explaining that this legislation amends the Charter School Act, Idaho Code 33-5206, Requirements and Prohibitions Upon the Approval of a Charter School. This section describes in detail many of the requirements charter schools must meet after having been approved by a local school board or, on appeal by the State Board of Education or the new charter school commission. S 1363 amends subsection 4 of this statute to include the requirement that all charter schools are to employ teachers and administrators on written contract in the form approved by the state superintendent of public instruction, conditioned upon a valid certificate being held by such professional personnel at the time of entering upon the duties for which they are hired (Attachment 3). This legislation does not impact teachers who are teaching on alternative certificates. |
MOTION: | Representative Sayler moved to send S 1363 to the floor with a DO PASS recommendation. A brief discussion followed, and Dr. West clarified that even those these requirements are in Rule, it seems there are still problems because it is not spelled out in the charter school law. Instructional approach isn’t conditioned by license or certification. |
Mr. Paul Powell, Idaho Charter School Network, said they are neutral on this legislation. Section 33-5205 does state the qualifications required. |
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VOTE: | A vote was called for on the motion to send S 1363 to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Sayler will carry S 1363 on the floor. |
S 1351a | Dr. Bob West, Chief Deputy Superintendent, State Department of Education, presented S 1351a, explaining this bill amends Idaho code 33-1208 that lists many items that are grounds to allow the State Board of Education ro revoke, suspend, or deny a teaching certificate, for having violated a lengthy list of standards of conduct and crimes that the legislature has determined to be grounds for a denial or revocation of a teaching certificate. This legislation was requested by the Professional Standards Commission |
MOTION: | Representative Lake moved to send S 1351a to the floor with a DO PASS recommendation. |
SUBSTITUTE MOTION: |
Representative Eberle made a substitute motion to hold S 1351a in committee, stating his concerns about the legislation being too inclusive. The substitute motion failed on a voice vote. |
MOTION ON ORIGINAL MOTION: |
A vote was called for on the original motion to send S 1351a to the floor with a DO PASS recommendation. The motion carried by voice vote. Representative Eberle asked to be recorded as voting “Nay”. Representative Lake will carry the bill on the floor. |
S 1322 | Senator Stennett introduced S 1322, explaining this legislation would allow the State Board of Education to raise the amount of the Robert R. Lee Promise Scholarship to $600 per semester. He said with the 118% increase in college fees, it is forcing low and moderate income students not to attend college. This is a smart investment for Idaho students. The State Board will only increase the amount of the scholarship if money is available. The fiscal impact of this legislation will be $780,000 to fund the entire amount. Approximately $500,000 is available in the scholarship fund should the State Board chose to use it. Ross Borden was contacted and said that the $500,000 is available, but this legislation was not taken before JFAC. Senator Stennett was asked about Representative Block’s Drug and |
MOTION: | Representative Andersen moved to send S 1322 to the floor with a DO PASS recommendation. Representative Boe clarified that the fiscal impact from Representative Block’s legislation would not occur until 2009 where this legislation would become effective next year. Representative Jones explained that this legislation is not in competition with Representative Blocks. This legislation deals with inflationary increases and raises the amount on scholarships already authorized in code. Dr. Thompson verified that students will receive $1,000 per year for the |
SUBSTITUTE MOTION: |
Representative Kulczyk made a substitute motion to hold S 1322 in committee, because he feels it undermines Representative Block’s legislation. Again, Representative Jones said this is raising the dollar amount that is already spelled out in existing code. Representative Sayler agreed with Senator Stennett that this is a good inducement to have Idaho students attend Idaho colleges and universities. Representative Garrett said she needs further clarification on the amounts and whether the Drug Free scholarship is an additional amount or limited by this bill. |
AMENDED SUBSTITUTE MOTION: |
Representative Nielsen made an amended substitute motion to hold
S 1322 in committee for time certain at the call of the chairman. |
VOTE ON THE SUBSTITUTE MOTION: |
Representative Kulczyk stated he feels Representative Block’s legislation if a tremendous idea to help kids stay drug free. A vote was called for on the substitute motion to hold S 1322 and the motion failed. |
VOTE ON THE ORIGINAL MOTION |
A vote was called for on the original motion to send S 1322 to the floor with a DO PASS recommendation and the motion carried. Representative Jones will carry S 1322 on the floor. |
ADJOURN: | There being no further business to come before the committee, the meeting was adjourned at 9:55 A.M. |
DATE: | March 20, 2004 |
TIME: | 9:30 A.M. |
PLACE: | Room 406 |
MEMBERS: | Chairman Barraclough, Vice Chairman Lake, Representatives Jones, Trail, Bradford, Block, Rydalch, Bauer, Cannon, Eberle, Garrett, Kulczyk, Nielsen, Bayer, Boe, Andersen, Naccarato, Sayler |
ABSENT/
EXCUSED: |
Representatives Bauer and Trail |
GUESTS: | Please see presenters highlighted below and the committee sign-in sheet. |
Chairman Barraclough called the meeting to order at 9:37 A.M. He briefed the committee on the charter school legislation and the events of this past week. After numerous meetings the past few days, Chairman Barraclough said he had been given a personal agreement with the amendments. In the Senate Education Committee this morning the decision was made to send S 1444 with amendments to the Senate floor with no concurrence from the committee. Chairman Barraclough expressed his disappointment in that decision and also in the fact that some of the members of this committee were unable to support the charter school legislation. |
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MINUTES: | The minutes of March 18 and 19, 2004 were reviewed. Representative Andersen moved to accept the minutes of March 19 as written. The motion carried. Representative Rydalch moved to accept the minutes of March 18 as written. The motion carried. |
SCR 134 | Representative Gagner presented SCR 134 to the committee, explaining that the 2003 Legislature adopted HCR 30 authorizing several higher education projects to be financed through the Idaho State Building Authority, including a new Health Care Education Building for Eastern Idaho Technical College. The original cost was $6,360,000 plus a grant for $3,500,000 from the This resolution would authorize financing of the total project funds for the |
A question was asked about a grant versus a mortgage, and Representative Gagner explained that it is called a grant but is against the property with restrictions on what can and cannot be done. |
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MOTION: | Representative Andersen moved to send SCR 134 to the floor with a DO PASS recommendation. The motion carried by voice vote. |
Chairman Barraclough thanked the secretary and the page for the work they have done this session. The committee members also expressed their thanks. |
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ADJOURN: | There being no further business to come before the committee this session, the committee sine died at 10:14 A.M. |