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Minnesota Legislature

FORTY-NINTH MEETING - K-12 Education Policy and Oversight

2009-2010 Regular Session

STATE OF MINNESOTA FORTY-NINTH MEETING
HOUSE OF REPRESENTATIVES EIGHTY-SIXTH SESSION

K-12 EDUCATION POLICY & OVERSIGHT COMMITTEE

MINUTES


Representative Carlos Mariani, Chair of the K-12 Education Policy & Oversight Committee, called the forty-ninth meeting to order at 8:36 AM on Tuesday, March 9, 2010 in the Basement hearing room of the State Office Building.

The Committee Legislative Assistant noted the roll:

Members present:

MARIANI, Carlos (Chair)
ABELER, Jim
BENSON, John
BRYNAERT, Kathy
DAVNIE, Jim
DEMMER, Randy
DITTRICH, Denise
DOEPKE, Connie
DOWNEY, Keith
GREILING, Mindy
FAUST, Tim
KATH, Kory
LOON, Jenifer
MCFARLANE, Carol
MURDOCK, Mark
NORNES, Bud
NEWTON, Jerry
NORTON, Kim
OBERMUELLER, Mike
PETERSON, Sandra
SLAWIK, Nora
SWAILS, Marsha


Members Excused:



A quorum was present.

HF 2986 (Hornstein) - A bill for an act relating to education; creating a responsible family life and sexuality education program; proposing coding for new law in Minnesota Statutes, chapter 121A; repealing Minnesota Statutes 2008, section 121A.23.

Chair Mariani moved that HF 2986 be recommended to pass.

Rep. Hornstein presented HF 2986.

Testifying on behalf of HF 2986 were:

Ms. Lori Alveshere, Policy Director, Minnesota Organization on Adolescent Pregnancy, Prevention, and Planning (MOAPPP)
Dr. Michael Resnick, Professor of Pediatrics and Public Health, University of Minnesota
Handouts: "What Do Parents Think about Sex Education?"
"Responsible Sex Education" Coalition for Responsible Sex Ed
Letter of Support from Minnesota Coalition Against Sexual Assault (MNCASA)

Testifying against HF 2986 were:

Mr. Tom Prichard, Minnesota Family Council
Ms. Terri Cheung, Parent
Ms. Robin Edmunds, Parent
Ms. Barb Anderson, Former Teacher
Handouts: "Comprehensive Sex Education: Unhealthy Lessons Being Taught in the Classroom"
"The Pill, Condoms & Teens"
"Comparison of a Mature and Immature Cervix"

Dr. Karen Effrem, EdWatch
Handout: "Problems with FH 2986 – Comprehensive Family Life and Sexuality Education" (EdWatch)

Chair Mariani moved the following oral amendment:

Page 2, Line 8, delete "120B.11" and insert "120B.021, subdivision 2, paragraph (g)"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Questions and discussion followed.

Rep. Downey requested a roll call on the final vote.

Rep. McFarlane moved the following oral amendment:

Page 2, Line 6, delete "to meet" and insert "meets" and after "12" insert ", and is consistent with locally developed health curriculum and instruction"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Chair Mariani renewed his motion that HF 2986 be recommended to pass and placed on the General Register.

The results of the roll call were as follows:

AYES:

MARIANI NEWTON
BENSON NORTON
BRYNAERT OBERMUELLER
DITTRICH PETERSON
FAUST SLAWIK
GREILING SWAILS

NAYS:

ABELER KATH
DEMMER LOON
DOEPKE MCFARLANE
DOWNEY MURDOCK


With 12 Ayes and 8 Nays, THE MOTION PREVAILED.

Chair Mariani recognized Ms. Christina Gosack, Committee Administrator, for receiving the Harold Rosenthal Fellowship award.

HF 3446 (Doepke) – A bill for an act relating to education; authorizing the Board of Teaching to amend its licensure rules to permit a tiered teacher licensure structure; revised institutional and program approval requirements, and revised special education licensure requirements; amending Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4.

Rep. Doepke moved that HF 3446 be recommended to pass and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division.

Rep. Doepke moved the following oral amendment:

Page 3, Line 19, delete "three" and insert "multi"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Doepke presented HF 3446, as amended.

Testifying on behalf of HF 3446, as amended, were:

Ms. Karen Balmer, Executive Director, Minnesota Board of Teaching
Handout: "Proposed Rulemaking Initiatives" Minnesota Board of Teaching
Mr. Ron Hill, Member, Minnesota Board of Teaching

Questions and discussion followed.

Rep. Kath moved the H3446A1 amendment.

Rep. Kath incorporated the following changes to the H3446A1 amendment:

After Page 1, Line 3 of the amendment insert:

Page 3, Line 15, delete the comma
Page 3, Line 16, delete the new language up to the period

After Page 1, Line 4, of the amendment insert:

Page 3, Line 19, after "rules" insert "under Minnesota Statutes, Chapter 14"

Questions and discussion followed.

Rep. Kath renewed his motion the H3446A1, with incorporated changes, be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Questions and discussion followed.

Chair Mariani recessed the committee at 10:00 AM.

Chair Mariani reconvened the committee at 6:37 PM.

Chair Mariani laid over HF 3446.

Rep. Benson moved that the minutes of March 4, 2010 be adopted. THE MOTION PREVAILED. THE MINUTES WERE ADOPTED.

HF 3267 (Newton) – A bill for an act relating to education; establishing an advisory task force on school desegregation and integration.

Rep. Newton moved that HF 3267 be recommended to pass and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division.

Rep. Newton moved the following oral amendment to HF 3267:

Page 1, Line 13, delete "council" and insert "task force"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Newton presented HF 3267, as amended.

Testifying on behalf of HF 3267, as amended, were:

Superintendent Dan Jett, West Metro Education Program
Ms. Beth Webb, coordinator, Cottonwood River Integration Collaborative

Testifying to HF 3267, as amended, were:

Ms. Teresa Graham, LICSW
Ms. Caty Royce, Fund for an Open Society

Rep. Newton moved the following oral amendment to HF 3267, as amended:

Page 1, Line 21, after "superintendents" insert ", collaborative coordinators,"
Page 2, Line 6, after "superintendents" insert ", collaborative coordinators,"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.
Questions and discussion followed.

Ms. Amy Walstien, Government Relations Director, Minnesota Department of Education, testified to MDE’s position on oversight.

Ms. Lisa Barnidge, Minnesota Department of Education, clarified the process for approving integration revenue applications.

Rep. Davnie moved the following oral amendment to HF 3267, as amended:
Page 1, Line 13, delete "15" and insert "17"
Page 2, Line 1, delete "two" and insert "four"
Page 2, Line 2, delete "one" and insert "two", delete "one" and insert "two" and delete "member is" and insert "members are"
Page 2, Line 3, after the and delete "the second" and insert "two", delete "member is" and insert "members are"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Newton renewed his motion that HF 3267, as amended, be recommended to pass and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division. THE MOTION PREVAILED.

HF 2962 (Fritz) – A bill for an act relating to education; providing for a trial placement at the Minnesota Academy for the Deaf and the Minnesota Academy for the Blind; amending Minnesota Statutes 2008, section 125A.69, subdivision 1.

Chair Mariani resumed testimony on HF 2962, from the March 2, 2010 hearing.

Chair Mariani moved the H2962A3 amendment.

Testifying on behalf of the H2962A3 amendment was:

Ms. Linda Mitchell, Superintendent, Minnesota State Academies

Chair Mariani renewed his motion that the H2962A3 amendment be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Testifying on behalf of HF 2962, as amended, was:

Mr. Darren Kermes, Minnesota Administrators for Special Education

Chair Mariani renewed his motion that HF 2962, as amended, be recommended to pass, and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division. THE MOTION PREVAILED.

HF 3446 (Doepke) – A bill for an act relating to education; authorizing the Board of Teaching to amend its licensure rules to permit a tiered teacher licensure structure; revised institutional and program approval requirements, and revised special education licensure requirements; amending Minnesota Statutes 2009 Supplement, section 122A.09, subdivision 4.

Rep. Doepke resumed testimony on HF 3446, as amended (working off the UEH3446-2 unofficial engrossment).

Questions and discussion followed.

Rep. Doepke renewed her motion that HF 3446, as amended, be recommended to pass and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division. THE MOTION PREVAILED.

HF 2995 (Tillberry) – a bill for an act relating to special education; expanding who is qualified to make a diagnosis of attention deficit disorder or attention deficit hyperactivity disorder; amending Minnesota Statutes 2009 supplement, sections 125A.02, subdivision 1; 245.2871, subdivision 27.


Chair Mariani moved that HF 2995 be recommended to pass and placed on the General Register.

Rep. Tillberry presented HF 2995.

Ms. Stephanie Ochocki, Minnesota School Social Workers Association
Handouts: "School Service Options for Students with Chronic/Acute Health Conditions"
"Subd. 27. Mental Health Professional"
"School Social Workers: The Vital Link" Minnesota School Social Workers Association
Mr. David Gibson, LICSW, University of St. Thomas/St. Catherine’s School of Social Work

Testifying against HF 2995 were:

Ms. Michelle Orcutt, Executive Director, Minnesota Administrators of Special Education
Mr. Darren Kermes, Minnesota Administrators for Special Education
Handout: Minnesota Administrators for Special Education letter to the K-12 Policy Committee

Questions and discussion followed.

Clarifying members’ questions regarding HF 2995 was:

Ms. Pam Luinenberg, Coordinator, Minnesota Coalition of Licensed Social Workers

Chair Mariani laid over HF 2995, while staff worked out amendment language.

HF 3487 (Newton) – A bill for an act relating to education; clarifying requirements for a conciliation conference; directing the Minnesota Department of Education to amend two special education rules; amending Minnesota Statutes 2009 Supplement, section 125A.091, subdivision 7.

Rep. Newton moved that HF 3487 be recommended to pass and be re-referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division.

Rep. Newton moved the following oral amendment to HF 3487:

Page 2, Line 3, delete "separate" and insert "separately"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Newton presented HF 3487, as amended.

Testifying on behalf of HF 3487, as amended, was:

Mr. Brad Lundell, Minnesota Administrators for Special Education

Rep. Newton renewed his motion that HF 3487, as amended, be recommended to pass, and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division. THE MOTION PREVAILED.

HF 3478 (Benson) – A bill for an act relating to education finance; reducing school district mandates; allowing additional flexibility; authorizing certain fund transfers; amending Minnesota Statutes 2008, sections 120A.41; 123A.15, subdivision 5; 123A.32, subdivision1, 1a; 123B.79, by adding a subdivision; 123B.80, subdivision 3; 126C.54; 205A.07; 645.13; Minnesota Statutes 2009 Supplement, section 123B.71, subdivision 12; Laws 2009, chapter 96, article 2, section 64.

Rep. Benson moved that HF 3478 be recommended to pass, and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division.

Rep. Tillberry presented the background behind HF 3478.

Rep. Benson presented HF 3478.

Testifying on behalf of HF 3478 was:

Mr. Scott Croonquist, Association of Metropolitan School Districts
Ms. Valerie Dosland, Minnesota Association of School Business Officials

Testifying against HF 3478 were:

Ms. Sandy Neren, Minnesota Newspaper Association
Handout: Letter of Support for continuing to publish public notices in newspapers from AARP
Mr. Mark Anfinson, Minnesota Newspaper Association
Mr. Rich Neumeister, citizen
Ms. Jan Alswager, Education Minnesota

Questions and discussion followed.

Rep. Peterson moved the H3478A6 amendment and requested a roll call.

The results of the roll call were as followed:

Ayes:

LOON NORNES
MCFARLANE PETERSON
MURDOCK SLAWIK

Nays:

MARIANI DOWNEY
KATH NEWTON
BENSON NORTON
BRYNAERT OBERMUELLER
DAVNIE SWAILS
DOEPKE


With 6 Ayes and 11 Nays, THE MOTION DID NOT PREVAIL.

Rep. Norton moved the H3478A2 amendment.

Questions and discussion followed.

Testifying on behalf of the H3478A2 amendment was:

Mr. Kirk Schneidawind, Minnesota School Board Association

Testifying against the H3478A2 amendment was:

Dr. Ralph Maves, Minnesota School Psychologists Association
Ms. Jan Alswager, Education Minnesota.

Rep. Norton incorporated the following changes to the H3478A2 amendment:

Page 2, Line 7 Reinstate the stricken language
Page 2, Line 8 Reinstate the stricken language
Page 2, Line 9 Reinstate the stricken language through the first period.

Rep. Norton renewed her motion that the H3478A2 amendment be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Norton moved the H3478A1 amendment.

Questions and discussion followed.

Testifying against H3478A1 was:

Mr. Joe Bagnoli, Minnesota State Fair

Rep. Norton renewed her motion that the H3478A1 amendment be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Benson renewed his motion that HF 3478, as amended, be recommended to pass and referred to the Committee on Finance, with a recommended re-referral to the K-12 Finance Division. THE MOTION PREVAILED.

HF 2995 (Tillberry) – a bill for an act relating to special education; expanding who is qualified to make a diagnosis of attention deficit disorder or attention deficit hyperactivity disorder; amending Minnesota Statutes 2009 supplement, sections 125A.02, subdivision 1; 245.2871, subdivision 27.

Chair Mariani resumed testimony on HF 2995, as amended.

Rep. Davnie moved the following oral amendment:

Pages 1, Line 17, after the comma, insert "clauses 2 and 6,"
Page 1, Line 20, delete Section 2.

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Norton moved the H2995A4 amendment, with the following incorporation:

Page 1, Line 2, delete "17" and insert "16" and strike "the comma" and insert "professional"

Testifying against the H2995A4 amendment were:

Dr. Ralph Maves, Minnesota School Psychologists Association
Mr. David Gibson, LICSW, University of St. Thomas/St. Catherine’s School of Social Work

Testifying on behalf of the H2995A4 amendment was:

Mr. Bill Amberg, Minnesota Psychological Association

Questions and discussion followed.

Rep. Norton renewed her motion that the H2995A4 amendment be adopted. THE MOTION DID NOT PREVAIL.

Chair Mariani renewed his motion that HF 2995, as amended, be recommended to pass, and placed on the General Register. THE MOTION PREVAILED.

The hearing was adjourned at 9:55 PM.


____________________________________
REP. CARLOS MARIANI




____________________________________
Celeste Marin
Committee Legislative Assistant
More Info On This Meeting..
Agenda:

HF3478 (Benson) School district mandates reduced, additional flexibility allowed, and certain fund transfers authorized. (Note: The committee will only consider the sections of the bill within its jurisdiction. Those are sections 1-3, 5-10, 14-16).

Bills Added:
  • HF2986 (Hornstein) - Responsible family life and sexuality education program created.
  • HF3446 (Doepke) - Board of Teaching authorized to amend its licensure rules to permit a tiered teacher licensure structure, revised institutional and program approval requirements, and revised special education licensure requirements.
  • HF2995 (Tillberry) - Diagnosis qualifications of attention deficit disorder or attention deficit hyperactivity disorder expanded.
  • HF3267 (Newton) - Advisory task force established on school desegregation and integration.
  • HF3487 (Newton) - Conciliation conference requirements clarified, and Minnesota Department of Education directed to amend two special education rules.
  • HF2962 (Fritz) - Minnesota Academy for the Deaf and Minnesota Academy for the Blind provided trial placement.
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