ARIZONA HOUSE OF REPRESENTATIVES
Fiftieth Legislature – Second Regular Session
Minutes of Meeting
House Hearing Room 3 -- 2:00 p.m.
Chairman Goodale called the meeting to order at 2:38 p.m. and attendance was noted by the secretary.
|
Mrs. Carter |
Mrs. Pancrazi |
Mrs. Tovar |
|
Mr. Crandell |
Mr. Pierce |
Mrs. Yee, Vice-Chairman |
|
Mr. Fillmore |
Ms. Proud |
Mrs. Goodale, Chairman |
|
Mr. Meyer |
|
|
|
None |
|
|
Committee Action
HB2139 - HELD HB2505 - HELD
HB2260 - DPA S/E (10-0-0-0) HB2663 - DP (9-0-0-1)
HB2349 - DP (10-0-0-0) HR2004 - DP (8-0-0-2)
HB2405 - DP (7-2-0-1)
CONSIDERATION OF BILLS
HB2139 - school board agendas; posting; time - HELD
Chairman Goodale announced that HB2139 will be held.
HB2505 - schools; financial literacy; markets; capitalism - HELD
Chairman Goodale announced that HB2505 will be held.
HB2405 - schools; bonded indebtedness; temporary increase. - DO PASS
Vice-Chairman Yee moved that HB2405 do pass.
Stephanie Jaffa, Majority Assistant Research Analyst, explained that HB2405 temporarily increases bonding capacity limits for school districts (Attachment 1).
Representative David Stevens, sponsor, stated that this legislation passed last year, but with the April 15 implementation date, bonding authorities were hesitant to issue the bonds. HB2405 addresses that problem.
Rick Carr, Director of Educational Services, ARCADIS US Incorporated, spoke in support of HB2405. He conveyed that he is an architect for ARCADIS, which is a project and construction management company. Several school districts have needed bond projects already approved by voters in the school district that cannot be built due to the decrease in secondary assessed values. Also, some school districts are in need of increased bonding to provide new facilities, programs or capacity since there are no funds in the General Fund for school capital funding. Raising the bond limits will create more jobs for the construction industry and improve the state’s economy.
Terry Bohl, representing self, spoke in favor of HB2405. He submitted that allowing school districts that have the bonding authority to complete projects will save taxpayer money in the long run because the school districts will operate more efficiently.
Kevin McCarthy, President, Arizona Tax Research Association, opposed HB2405. He noted that the state is being sued by charter schools on equity; this bill will increase the argument against the Legislature on overall uniformity of the system. Also, the most depressed areas of the state in which assessed values dropped considerably because of the collapse of the real estate market will experience an increase in taxes by allowing school districts to go through the Class B debt limits and sell more bonds. He responded to questions concerning bonding, budget cuts, fund sweeps and local control.
In response to a question, Representative Stevens indicated that this bill will impact 20 school districts that already have bonds.
Vice-Chairman Yee announced the names of those who signed up in opposition to HB2405 but did not speak:
Jay Kaprosy, Senior Government Relations Advisor, Arizona Charter School Association
Russell Smoldon, Lobbyist, Salt River Project
Vice-Chairman Yee announced the names of those who signed up in support of HB2405 but did not speak:
Seth Apfel, representing self
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Brian Tassinari, Lobbyist, Core Construction
Mark Minter, Executive Director, Arizona Builders' Alliance
Kerwin Kortman, representing self
Scott Thompson, Dysart Unified School District
Sabrina Vazquez, Arizona School Administrators
Meghaen Duger, McCarthy Construction
Question was called on the motion that HB2405 do pass. The motion carried by a roll call vote of 7-2-0-1 (Attachment 2).
HB2260 - schools; ADM calculations - DO PASS AMENDED S/E
S/E: same subject
Vice-Chairman Yee moved that HB2260 do pass.
Vice-Chairman Yee moved that the Carter seven-page strike-everything amendment to HB2260 dated 2/2/12 (Attachment 3) be adopted.
Brooke White, Majority Research Analyst, explained that the strike-everything amendment to HB2260 (Attachment 3) restricts a student who is enrolled in a public school and takes an Arizona online instruction (AOI) course from generating AOI average daily membership (ADM) between May 1 and July 31 and allows AOI to charge a student tuition if the student enrolls in AOI between April 1 and July 31 (Attachment 4).
Mr. Crandell noted that summer school can last from May through August 15 so the bill does not completely eliminate the ability for online schools to impact regular school districts.
Mrs. Carter, sponsor, related that this bill addresses a problem whereby students take classes throughout the entire 180-day calendar year at a school district or charter school and then take an additional class in the summer for which ADM is calculated on a fractional basis. The following year, whoever was paid for that student has to reimburse the state so the state can pay the online institution. This created a financial problem amounting to $11 million last year, with some school districts being hit by almost $1 million. With this bill, the student generates 1.0 ADM and will have to pay tuition for summer school AOI classes. She added that discussions will continue with stakeholders about how to handle students who need credit recovery and advancement.
Becky Hill, Scottsdale Unified School District, spoke in favor of the strike-everything amendment to HB2260. She stated that additional work will probably be needed in the future as more school options are created and traditional schools work alongside less traditional schools with calendars that conflict. This is a straightforward solution to the summer school problem and everyone is committed to working together.
Mr. Meyer remarked that this bill will not solve all of the issues with AOI funding involved with grade replacement and remediation, but it is a step in the right direction.
Mrs. Pancrazi commented that rural school districts are impacted by this issue.
Scott Thompson, Business Official, Dysart Unified School District, spoke in favor of HB2260. He related that Dysart was impacted by over $700,000 last year with the loss of over 125 ADM. The vast majority of the students attended the classes after March 2011 and spent 180 days in the school district. He added that he supports this resolution as a way to address the issue now, understanding that there is a commitment for future conversations.
In response to a question, Mrs. Carter clarified that with this bill, individuals will have to pay for summer school AOI classes, if the institution decides to charge; institutions can decide not to charge tuition, but the classes will be “on their own dime.”
Mr. Thompson stated that if a child is failing, some sort of intervention will still take place.
Mrs. Carter stated that if a student fails a certain subject, it can be taken the next school year as part of the 1.0 ADM. This bill fixes a problem that continues to grow because of a loophole in the way the statute was originally drafted.
Mr. Crandell stated that school districts and charter schools are on 180-day calendars; AOL schools are on 365-day calendars so there is an inequity, which places AOIs at a disadvantage for counting students and making money.
Vice-Chairman Yee announced the names of those who signed up in support of HB2260 but did not speak:
Sam Polito, Tucson Area School Districts, JTED Consortium
Meghaen Duger, Education Finance Reform Group
Chris Kotterman, Deputy Director, Government Relations, Arizona Department of Education Gary Bae, Director of Public Affairs, The Leona Group Arizona
Megan Henry, School Administrator, Arizona Virtual Academy
Karen Donmoyer, representing self
Heather Heroldt, Scottsdale Parent Council
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Rip Wilson, K12 Inc.
Ron Lee, Arizona State Impact Aid Association
Francesca Thomas, representing self
Tim Carter, Yavapai County School Superintendent; Arizona Association of County School Superintendents
Sabrina Vazquez, Arizona School Administrators
Vice-Chairman Yee announced the names of those who signed up in opposition to HB2260 but did not speak:
Seth Apfel, representing self
Vice-Chairman Yee announced the names of those who signed up as neutral on HB2260 but did not speak:
Jay Kaprosy, Senior Government Relations Advisor, Arizona Charter School Association
Ryan Harper, Triadvocates LLC, Connections Academy
Question was called on the motion that the Carter seven-page strike-everything amendment to HB2260 dated 2/2/12 (Attachment 3) be adopted. The motion carried.
Vice-Chairman Yee moved that HB2260 as amended do pass. The motion carried by a roll call vote of 10-0-0-0 (Attachment 5).
HB2663 - underperforming school districts; reclassification - DO PASS
Vice-Chairman Yee moved that HB2663 do pass.
Brooke White, Majority
Research Analyst, explained that HB2663 enables a “D” school to become an
“F” school in less than three years if the State Board of Education (SBE)
determines that the school is not reasonably likely to achieve an average level
of performance
(Attachment 6).
Vice-Chairman Yee, sponsor, said this bill is about taking a look at underperforming schools sooner so the necessary intervention can be provided without waiting three years.
Jaime Molera, President, State Board of Education (SBE), spoke in favor of HB2663. He related that one of the priorities of the SBE is to become more aggressive when schools are not adequately performing. Having a requirement in statute to wait three years before determining that a school is failing, when data shows there is a problem and interventions need to take place, does not make sense. The intent of the bill is to provide interventions quicker for schools that are underperforming.
Discussion followed about potential interventions at “B” and “C” level schools.
Chairman Goodale stated that since resources are limited, “D” and “F” schools are being targeted in this bill; during the learning process, perhaps consideration can be given to “B” and “C” schools.
Vince Yanez, Executive Director, State Board of Education (SBE), in support of HB2663, endorsed Mr. Molera’s comments. In response to a question, he related that the SBE has the data to look at several years’ worth of school performance. A score will be identified, and if a school falls below that line, it will receive a failing rating, whether it is the first or second year.
Vice-Chairman Yee announced the names of those who signed up in support of HB2663 but did not speak:
Chris Kotterman, Deputy Director, Government Relations, Arizona Department of Education
Sam Polito, Tucson Area School Districts
Sydney Hay, A Plus Arizona - Every Child Can Learn
Deb Gullett, A Plus Arizona
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Ron Lee, Arizona State Impact Aid Association
Becky Hill, Stand for Children
Question was called on the motion that HB2663 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 7).
HR2004 - resolution; George Rockwell. - DO PASS
Vice-Chairman Yee moved that HR2004 do pass.
Virginia Carico, Majority Intern, explained that HR2004 recognizes George “Rocky” Rockwell for 50 years of service to education (Attachment 8).
Mr. Crandell, sponsor, stated that he thought it would be nice to recognize Mr. Rockwell, as he retires, for his 50 years of service.
Question was called on the motion that HR2004 do pass. The motion carried by a roll call vote of 8-0-0-2 (Attachment 9).
HB2349 - medical marijuana; cardholder; campuses; prohibition - DO PASS
Vice-Chairman Yee moved that HB2349 do pass.
Brooke White, Majority Research Analyst, explained that HB2349 prohibits any person from using or possessing marijuana on a school campus or in a child care facility and contains a Proposition 105 clause (Attachment 10). The Committee on Higher Education, Innovation and Reform adopted an amendment that removes the specific definition of educational institution and adds a severability clause.
Representative Amanda Reeve, sponsor, advised that HB2349 addresses all marijuana, including medical marijuana. This language was included in the initiative that was passed; the bill provides further clarification to include K-12 and preschool. The severability clause was included so that if the Higher Education amendment fails, this bill will still go through.
Mr. Meyer noted that it used to be possible to obtain the active ingredient in marijuana in pill form. Although it is now permissible to use medical marijuana in certain cases with a prescription, federal law does not allow that. Since many school districts receive federal dollars, those funds may be at risk if the use of marijuana is allowed on campuses, which is why it is important to pass this bill.
Representative Reeve stated that she sponsored the bill to protect federal funding and students.
Vice-Chairman Yee commented that the state does not currently have jurisdiction over private universities, institutions or businesses, so with respect to the language in subsection B of the bill, she would like to find out if they would like to be included in oversight of the state.
Representative Reeve stated that those were left in the bill because they are also affected by federal funding. She talked to representatives of several private universities who indicated that they do not want to be removed, but she would be glad to work with them to make sure there is a consensus.
Kristopher Krane, representing self, opposed HB2349. He asked that the bill be amended or not passed to ensure that legitimate adult student patients have access to medical cannabis that has been recommended by a physician. Fifteen states and Washington, D.C. already have medical marijuana laws and no school in any of those states has been denied federal funding for allowing these students to possess the medicine. Most importantly, the Arizona Voter Protection Act mandates that any changes to a voter-approved initiative must further the spirit and intent of the original initiative language. This bill unnecessarily restricts access to medical cannabis for legitimate adult patients, so it cannot be seen as furthering the spirit or original intent of the initiative and may be unlikely to survive a legal challenge.
In response to a question, Mr. Krane noted that the majority of laws around the country are vaguer than the Arizona statute. Some only allow medical cannabis use for patients over 18 years of age while some allow it for patients under 18 years of age with the parent’s permission and a physician’s recommendation. None of the bills directly address students on campuses.
Representative Reeve noted that the bill is not limited to students because it is also for the workplace to comply with the Drug-Free Workplace Act and the Drug-Free Schools and Communities Act. Arizona’s law is different from laws in other states from which lessons were learned on how to close loopholes, etc., so she does not believe it can be compared with other state laws. The bill does not apply only to college students; it applies to everyone on educational facilities, whether they are there for a game, working or attending class. She acknowledged that penalties are already in existing law.
Vice-Chairman Yee announced the names of those who signed up in support of HB2349 but did not speak:
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Alisa Lyons, Arizona Community College Presidents' Council
Kristen Boilini, Lobbyist, Cochise Community College; Northland Pioneer College
Vice-Chairman Yee announced the names of those who signed up in opposition to HB2349 but did not speak:
Seth Apfel, representing self
Question was called on the motion that HB2349 do pass. The motion carried by a roll call vote of 10-0-0-0 (Attachment 11).
Without objection, the meeting adjourned at 4:08 p.m.
_______________________________
Linda Taylor, Committee Secretary
February 17, 2012
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
---------- DOCUMENT FOOTER ---------
COMMITTEE ON EDUCATION
7
February 6, 2012
---------- DOCUMENT FOOTER ---------