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 4:02 p.m. and attendance was noted by the secretary.
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Mrs. Carter |
Mr. Meyer |
Mrs. Tovar |
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Mr. Crandell |
Mrs. Pancrazi |
Mrs. Yee, Vice-Chairman |
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Mr. Fillmore |
Ms. Proud |
Mrs. Goodale, Chairman |
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Mr. Lovas |
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None |
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Committee Action
SB1059 - DP (10-0-0-0) SB1254 - DP (9-0-0-1)
SB1060 - DPA (6-1-0-3) SB1255 - DP (8-0-0-2)
SB1199 - DP (10-0-0-0) SB1458 - DP (9-0-0-1)
SB1252 - DP (8-0-0-2)
Chairman Goodale welcomed Mr. Lovas, a new Member replacing Mr. Pierce. Mr. Lovas related a brief bio.
CONSIDERATION OF BILLS
SB1059 - school property; community use; liability - DO PASS
Vice-Chairman Yee moved that SB1059 do pass.
Virginia Carico, Majority Intern, explained that SB1059 prevents schools from being held liable for injuries sustained by recreational users of school grounds (Attachment 1).
Nicole Olmstead, Government Relations Director, American Heart Association, in favor of SB1059, stated that the U.S. is in a full-blown obesity epidemic with the prevalence of those who are obese rising to 24 percent. Between 2003 and 2007, Arizona had the fastest increase in childhood obesity of any state. Physical activity is key to keeping children and adults healthy, and a component of that is having places for recreation in or near the neighborhood. Most schools are locked down and fenced due to concern over liability. A.R.S. § 33-1551 makes it clear that owners of open spaces used for recreation are not liable for injuries if they maintain the facilities and land, except in cases of gross negligence. It refers to parks and open spaces, including railroad tracks and agricultural land, but does not explicitly mention schools. This bill expands the definition of park to include outdoor school grounds, excluding aquatic features and swimming pools, during non-instructional hours. It does not require schools to participate, but it helps remove the liability barrier. Passage of this bill is a step in the right direction to increasing physical activity in children and adults.
Chairman Goodale said she received a note from Senator Rich Crandall, sponsor, stating that the Arizona Trial Lawyers Association, the American Heart Association and several school district attorneys were involved in crafting this legislation.
Matt Jewett, Director of Health
Policy, Children's Action Alliance, in favor of SB1059, endorsed
Ms. Olmstead’s comments. He provided a fact sheet, which states that SB1059
will clarify Arizona law so school playgrounds and fields can be opened under
the same rules as city parks (Attachment 2).
Vice-Chairman Yee announced the names of those who signed up in support of SB1059 but did not speak:
Janice Goldstein, Arizona Trial Lawyers Association
Jennifer Bonnett, Arizona Public Health Association
Angela Schultz, representing self
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Pat VanMaanen, representing self
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Sam Polito, Tucson Area School Districts
Ron Lee, representing self
Christian Stumpf, American Lung Association in Arizona
Brian Hummell, Arizona Director, Government Relations, American Cancer Society Cancer Action Network
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education
Vice-Chairman Yee announced the names of those who signed up in opposition to SB1059 but did not speak:
Seth Apfel, representing self
Vice-Chairman Yee announced the names of those who signed up as neutral on SB1059 but did not speak:
Valerie Carrillo, representing self
Brandie Reiner, student, representing self
Mr. Crandell commented that the Arizona School Risk Retention Trust, which carries insurance for most schools, required the fences, not only because of liability, but also because of graffiti, broken windows, etc., from children playing on the playground.
Gretchen Jacobs, Attorney, Arizona School Risk Retention Trust, in support of SB1059, indicated that there are concerns about vandalism and it is recommended that schools keep playgrounds locked. The Trust is in support of the bill because it removes liability and it is permissible, not mandatory.
Question was called on the motion that SB1059 do pass. The motion carried by a roll call vote of 10-0-0-0 (Attachment 3).
SB1199 - charter schools; audit frequency - DO PASS
Vice-Chairman Yee moved that SB1199 do pass.
Brooke White, Majority Research Analyst, explained that SB1199 removes the requirement that a charter school change auditors every six years (Attachment 4).
Chairman Goodale indicated that a note from Senator Rich Crandall, sponsor, states that a bill was passed last year requiring charter schools to change auditors every seven years to keep low-quality auditors out of the field. Unfortunately, it had the opposite effect; poor auditors are staying in business by simply changing clients every few years so deficiencies are not detected early enough. The Arizona Society of Certified Public Accountants (CPA) held several stakeholder meetings with the Arizona State Board for Charter Schools to find a solution to the problem and came up with a comprehensive approach, including placing a CPA on the Arizona State Board for Charter Schools.
Kevin DeMenna, Arizona Society of Certified Public Accountants, in favor of SB1199, testified that the Treadway Commission Report shows that from 1998 to 2007, any time there was auditor rotation, the frequency of fraud was higher; retention and management of an auditor is considered best practices. The Arizona State Board for Charter Schools has only seven or eight staffers, so the Chairman of the Board of the Arizona Society of Certified Public Accountants is appearing in the Senate for confirmation as a member of the Arizona State Board for Charter Schools to follow through on the commitment to add the resources that are needed to scrutinize audits of charter schools. He asked the Members to pass this measure and reverse what was done last year.
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education (ADE), neutral on SB1199, stated that the legislation last year requiring charter schools to change auditors every six years may be somewhat onerous. She supports a list of good auditors, especially in rural areas where there are limited choices. In response to questions, she indicated that school districts choose the auditors. ADE does not maintain a list; perhaps the Auditor General’s Office has a list, which she will check into.
Vice-Chairman Yee announced the names of those who signed up in support of SB1199 but did not speak:
Ryan DeMenna, Associate, Arizona Society of Certified Public Accountants
Eileen Sigmund, President, Arizona Charter Schools Association.
Senator Rich Crandall, sponsor, offered to answer questions.
Question was called on the motion that SB1199 do pass. The motion carried by a roll call vote of 10-0-0-0 (Attachment 5).
SB1254 - schools; board examination system; universities - DO PASS
Vice-Chairman Yee moved that SB1254 do pass.
Stephanie Jaffa, Majority Assistant Research Analyst, explained that SB1254 adds a university attendance option for Grand Canyon Diploma (GCD) recipients and describes the associated funding mechanism (Attachment 6).
Senator Rich Crandall, sponsor, advised that the GCD has been very successful and allows students to enter college with no remediation. The funding mechanism is 20 percent to the college, 40 percent to the school and 40 percent to the school district. Some high schools want to expand to university acceptance, which this bill allows. The funding mechanism is as follows: one-third to the high school, one-third to the school district, one-sixth to a scholarship fund and one-sixth to the university.
In response to questions, Senator Crandall indicated that testing will be even more rigorous for the university option. This is a pilot with two high schools: Highland High School in Gilbert and Red Mountain High School in Mesa. In order to meet the acceptance requirements of the universities, students must have a foreign language in addition to passing the more rigorous testing. He clarified that the universities go to the high school with the programs; the students do not leave the high school. The program will begin with freshmen next year.
Vice-Chairman Yee announced the names of those who signed up in support of SB1254 but did not speak:
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Sybil Francis, Executive Director, Center for the Future of Arizona
Sam Polito, Tucson Area School Districts
Question was called on the motion that SB1254 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 7).
SB1458 - schools; achievement profiles - DO PASS
Vice-Chairman Yee moved that SB1458 do pass.
Virginia Carico, Majority Intern, explained that SB1458 requires the Arizona Department of Education (ADE) to make a complete transition to the letter grade system for school achievement profiles in the 2012-2013 academic school year (Attachment 8).
Senator Rich Crandall, sponsor, stated that letter grades were smoothly implemented last year; this bill repeals the old labels to avoid confusion.
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education (ADE), in favor of SB1458, indicated that ADE requested this legislation to avoid confusion and to specify how the transition from the old labels to the new labels will occur in the school improvement process.
Vice-Chairman Yee announced the names of those who signed up in support of SB1458 but did not speak:
Deb Gullett, A Plus Arizona
Sydney Hay, A Plus Arizona - Every Child Can Learn
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Tim Carter, Yavapai County School Superintendent
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Sam Polito, Tucson Area School Districts
Ron Lee, representing self
Question was called on the motion that SB1458 do pass. The motion carried by a roll call vote of 9-0-0-1 (Attachment 9).
SB1252 - alternate high school graduation requirement(now: high school graduation requirement; alternate) - DO PASS
Vice-Chairman Yee moved that SB1252 do pass.
Virginia Carico, Majority Intern, explained that SB1252 modifies an alternative high school graduation option for students who have not passed the Arizona Instrument to Measure Standards (AIMS) (Attachment 10).
Senator Rich Crandall, sponsor, stated that students who completed all of the high school requirements passed the American College Test (ACT) or Scholastic Aptitude Test (SAT) with a high enough score to pass State Board of Education requirements; however, the statute requires students to have taken all five AIMS administrations in high school to graduate and stipulates that an ACT or SAT score cannot be substituted. This bill removes that requirement.
Mr. Crandell asked when the AIMS
test will be deemed out of date and another assessment will be used instead of
making exceptions to the rule. Senator Crandall responded that the AIMS high
school graduation mandatory requirement has turned out to be a complete
failure. In
2014-2015, it will be eliminated and replaced with PARCC Assessments, which set
a much higher level of achievement.
David Curd, President, Harrison Middleton University, in favor of SB1252, related several instances in which students were not able to be in attendance for administration of the AIMS test.
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education (ADE), neutral on SB1252, responded to questions posed by Mr. Crandell about the PARCC Assessments.
Chairman Goodale announced the names of those who signed up in support of SB1252 but did not speak:
Deb Gullett, A Plus Arizona
Sydney Hay, A Plus Arizona - Every Child Can Learn
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Sam Polito, Tucson Area School Districts
Jennifer Loredo, Arizona Education Association
Chairman Goodale announced the names of those who signed up as neutral on SB1252 but did not speak:
Seth Apfel, representing self
Question was called on the motion that SB1252 do pass. The motion carried by a roll call vote of 8-0-0-2 (Attachment 11).
SB1060 - school districts; procurement practices - DO PASS AMENDED (CONTINUED BELOW)
Chairman Goodale moved that SB1060 do pass.
Chairman Goodale withdrew the motion that SB1060 do pass.
SB1255 - school courses; mastery of competency - DO PASS
Chairman Goodale moved that SB1255 do pass.
Stephanie Jaffa, Majority
Assistant Research Analyst, explained that SB1255 instructs the
State Board of Education (SBE) to adopt rules to define competency-based educational
pathways that will be available for use by schools (Attachment 12).
Senator Rich Crandall, sponsor, advised that if a school district or charter school wants to try something innovative and must appear before the Legislature for approval, there is an automatic two- or three-year delay. This bill grants the SBE the authority to implement competency-based programs, but not to modify the funding, which will be done by the Legislature, if necessary. In response to questions, he noted that the Empire Blended Learning School will be opening in March 2012. Blended learning, not full-time virtual learning, is the future for the majority of students.
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education (ADE), in support of SB1255, said ADE had concerns about the legislation when it was originally adopted, but amendments in the Senate improved the bill.
Chairman Goodale announced the names of those who signed up in support of SB1255 but did not speak:
Deb Gullett, A Plus Arizona
Sydney Hay, A Plus Arizona - Every Child Can Learn
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Tim Carter, Arizona Association of County School Superintendents
Sybil Francis, Executive Director, Center for the Future of Arizona
Sam Polito, Tucson Area School Districts
Chairman Goodale announced the names of those who signed up as neutral on SB1255 but did not speak:
Seth Apfel, representing self
Question was called on the motion that SB1255 do pass. The motion carried by a roll call vote of 8-0-0-2 (Attachment 13).
SB1060 - school districts; procurement practices - DO PASS AMENDED
Chairman Goodale moved that SB1060 do pass.
Brooke White, Majority Research Analyst, explained that SB1060 makes changes to the construction procurement rules for school districts and establishes a school-wide internal service fund (Attachment 14). The six-line amendment requires procurement rules to allow school districts to consider the amount of fees proposed for architectural services during the bid selection process (Attachment 15). The eight-line amendment removes the internal service funds exemption from budget limits, requires revenues deposited in the fund to be separately accounted for by revenue type and prohibits expended revenues from exceeding the general budget limit (Attachment 16).
Mrs. Carter moved that the Carter six-line amendment to SB1060 dated 2/24/12 (Attachment 15) be adopted. The motion carried.
Mrs. Carter moved that the Carter eight-line amendment to SB1060 dated 2/24/12 (Attachment 16) be adopted. The motion carried.
Stacey Morley, Director, Policy Development & Government Relations, Arizona Department of Education (ADE), in favor of SB1060, expressed appreciation for the amendment to reinstitute the requirement that the fund be subject to budget limits. She said ADE had concerns about the specific spending requirements and expenditure limits on different funds that schools can use. She will be talking with the Auditor General to make sure the language conforms with the Uniform System of Financial Records (USFR) and other reporting requirements.
Chairman Goodale remarked that a note from Senator Rich Crandall, sponsor, states that Arizona school procurement officials propose a few changes to the statute each year to align with general procurement practices. This bill contains provisions to update procedures or rules for greater flexibility.
Mr. Crandell expressed concern about commingling of federal and state funds. Discussion followed.
Ms. Morley endorsed the language relating to procurement rules for school districts.
Chairman Goodale announced the names of those who signed up in support of SB1060 but did not speak:
Janice Palmer, Governmental Relations Analyst, Arizona School Boards Association
Mark Minter, Executive Director, Arizona Builders’ Alliance
Charles Essigs, Director of Government Relations, Arizona Association of School Business Officials
Meghaen Duger, Education Finance Reform Group
Sam Polito, Tucson Area School Districts
Ron Lee, representing self
Marcus Dell'Artino, Chandler Unified School District
Ms. Morley reiterated that she is committed to working with the Auditor General’s Office to make sure the fund is in line with the USFR and requested the Members’ support for the bill.
Mrs. Carter moved that SB1060 as amended do pass. The motion carried by a roll call vote of 6-1-0-3 (Attachment 17).
Without objection, the meeting adjourned at 5:36 p.m.
_______________________________
Linda Taylor, Committee Secretary
March 28, 2012
(Original minutes, attachments and audio on file in the Chief Clerk’s Office; video archives available at http://www.azleg.gov)
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COMMITTEE ON EDUCATION
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February 27, 2012
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