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K-12 Education Policy and Oversight

THIRTY-SECOND MEETING

2009-2010 Regular Session - Thursday, March 26, 2009

STATE OF MINNESOTA THIRTY-SECOND 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 thirty-second meeting to order at 8:40 AM on Thursday, March 26, 2009 in the Basement hearing room of the State Office Building.

The Committee Legislative Assistant noted the roll:

Members present:

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


Members Excused:


A quorum was present.

HF 1179 (Mariani) - A bill for an act relating to education; providing for prekindergarten through grade 12 education, including general education, education excellence, special programs, libraries, and self-sufficiency and lifelong learning; making technical corrections; amending Minnesota Statutes 2008, sections 16A.06, subdivision 11; 120A.40; 120B.02; 120B.021, subdivision 1; 120B.023, subdivision 2; 120B.024; 120B.13, subdivision 1; 120B.30, subdivisions 1, 1a; 120B.31, subdivision 4; 122A.07, subdivisions 2, 3; 122A.31, subdivision 4; 123A.05; 123A.06; 123A.08; 123B.14, subdivision 7; 123B.51, by adding a subdivision; 123B.77, subdivision 3; 123B.81, subdivisions 3, 4, 5; 123B.83, subdivision 3; 124D.095, subdivisions, 4, 7, 10; 124D.10; 124D.11, subdivision 9; 124D.128, subdivisions 2, 3; 124D.135, subdivision 3; 124D.15, subdivisions 1, 3, by adding subdivisions; 124D.19, subdivisions 10, 14; 124D.522; 124D.60, subdivision 1; 124D.68, subdivisions 2, 3, 4, 5; 125A.11, subdivision 1; 125A.15; 125A.28; 125A.51; 125A.62, subdivision 8; 125A.69, by adding a subdivision; 125A.744, subdivision 3; 125A.76, subdivision 1; 126C.05, subdivisions 2, 15, 20; 126C.10, subdivision 34; 126C.15, subdivisions 2, 4; 126C.40, subdivision 6; 126C.44; 127A.08, by adding a subdivision; 127A.47, subdivisions 5, 7; 134.31, subdivision 4a, by adding a subdivision; 299A.297; proposing coding for new law in Minnesota Statutes, chapters 120B; 124D; repealing Minnesota Statutes 2008, sections 121A.27; 124D.13, subdivision 13.
(continued from March 25, 2009 hearing)

Rep. Mariani moved that HF 1179 be recommended to pass.

Rep. Mariani moved the H1179A13 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Davnie moved the H117917 amendment.

Rep. Davnie incorporated the following oral amendment into the H117917 amendment:

Page 1, Line 6, after "parents" insert a comma

Rep. Davnie renewed his motion that the H117917 amendment be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Peterson moved the H1179A12 amendment.

Questions and discussion followed.

Rep. Peterson renewed her motion that the H1179A12 amendment be adopted.

The Chair called for a division. With 8 Ayes and 10 Nays, THE MOTION DID NOT PREVAIL.

Rep. Benson moved the H1179A14 amendment.

Questions and discussions followed.

Mr. Shep Harris, Minnesota Board of Teaching testified to the H1179A14 amendment.

Ms. Jan Alswager, Education Minnesota, testified on behalf of H1179A14 amendment.

Rep. Benson withdrew the H1179A14 amendment.

Rep. Abeler moved the H1179A2 amendment.

Rep. Abeler withdrew the H1179A2 amendment.

Rep. Downey moved the H1179A16
Mr. David Kershner, Office of the Legislative Auditor, testified to H1179A16 and the recommendations of the Office of the Legislative Auditor’s report on Q-Comp.

Commissioner Alice Seagren, Minnesota Department of Education and Ms. Patricia King, Director of School Improvement, Minnesota Department of Education, testified on behalf of the H1179A16 amendment.

Questions and discussion followed.

Rep. Abeler moved the following oral amendment to the H1179A16 as follows:

Page 1, Line 3, remove "delete the new language and" and after "stricken" insert "language" and after word "program" insert "and"

Rep. Downey incorporated Rep. Abeler’s oral amendment to the amendment.

Rep. Abeler moved to divide the H1179A16 amendment as follows:

Page 1, Line 3
Page 1, Line 4-8

Rep. Abeler moved to vote on the first part of the amendment first. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Downey moved to vote on the second part of the amendment. THE MOTION DID NOT PREVAIL.

Rep. Demmer moved the
H1179A15 amendment.

Rep. Demmer asked for a roll call.

The Committee Legislative Assistant took the roll. The results of the roll call were as follows:

Ayes
DEMMER, Randy MCFARLANE, Carol
DOEPKE, Connie MURDOCK, Mark
DOWNEY, Keith NORNES, Bud
LOON, Jenifer

Nays
MARIANI, Carlos DITTRICH, Denise
KATH, Kory FAUST, Tim
ABELER, Jim GREILING, Mindy
BENSON, John NORTON, Kim
BRYNAERT, Kathy OBERMUELLER, Mike
DAVNIE, Jim PETERSON, Sandra

With 7 Ayes and 12 Nays, THE MOTION DID NOT PREVAIL.

Rep. McFarlane moved the H1179A8 amendment. THE MOTION DID NOT PREVAIL.

Rep. Loon moved the H1179A5 amendment.

Questions and discussion followed.

Rep. Loon withdrew the H1179A5 amendment.

Chair Mariani called for a recess at 10:05 AM.

Chair Mariani reconvened the hearing at 6:45 PM in room 500 North of the State Office Building.

Chair Mariani moved the following oral amendment:

Page 19, Line 18, delete "and to the state auditor"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Davnie moved the following oral amendment:

Page 57, Line 26, delete new language and reinstate stricken language

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Loon moved the H1179A5 amendment.

Questions and discussion followed.

Rep. Loon renewed her motion that the H1179A5 amendment be adopted and requested a roll call.

The Committee Legislative Assistant took the roll. The results of the roll call were as follows:

Ayes:
ABELER, Jim LOON, Jenifer
DEMMER, Randy MURDOCK, Mark
DOEPKE, Connie NORNES, Bud
DOWNEY, Keith

Nays:

MARIANI, Carlos NEWTON, Jerry
KATH, Kory NORTON, Kim
BRYNAERT, Kathy PETERSON, Sandra
DITTRICH, Denise SLAWIK, NORA
FAUST, Tim SWAILS, Marsha
GREILING, Mindy

With 7 Ayes and 11 Nays, THE MOTION DID NOT PREVAIL.

Rep. Abeler moved the following oral amendment:

Page 10, Line 29, after "the" insert "increased"
Page 11, Line 17, delete "2009-2010" and insert "2014-2015"

THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Nornes moved the H1179A25 amendment.

Questions and discussion followed.

Rep. Nornes renewed his motion that the H1179A25 amendment be adopted and requested a roll call.


The Committee Legislative Assistant took the roll. The results of the roll call were as follows:

Ayes:
ABELER, Jim LOON, Jenifer
DEMMER, Randy MURDOCK, Mark
DOEPKE, Connie NORNES, Bud
DOWNEY, Keith

Nays:

MARIANI, Carlos NEWTON, Jerry
KATH, Kory NORTON, Kim
BRYNAERT, Kathy PETERSON, Sandra
DITTRICH, Denise SLAWIK, NORA
FAUST, Tim SWAILS, Marsha
GREILING, Mindy


With 7 Ayes and 11 Nays, THE MOTION DID NOT PREVAIL.

Rep. Abeler moved the H1179A19 amendment.

Questions and discussion followed.

Rep. Abeler renewed his motion that H1179A19 be adopted. THE MOTION DID NOT PREVAIL.

Rep. Demmer moved the H1179A9 amendment.

Questions and discussion followed.

Testifying to the H1179A9 amendment was:

Ms. Grace Kelliher, Minnesota School Board Association
Mr. Tom Deans, Legal Counsel, Minnesota School Board Association
Commissioner Alice Seagren, Minnesota Department of Education

Rep. Demmer withdrew the H1179A9 amendment.

Rep. Demmer moved the H1179A7 amendment.

Questions and discussion followed.

Rep. Demmer renewed his motion that the H1179A7 be adopted. THE MOTION DID NOT PREVAIL.

A division was called. With 7 Ayes and 10 Nays, THE MOTION DID NOT PREVAIL.

Rep. Demmer moved the H1179A6 amendment. THE MOTION DID NOT PREVAIL.

Rep. Newton moved the H1179A20 amendment.

Rep. Urdahl explained the H1179A20 amendment.

Question and discussion followed.

Rep. Kath moved the following oral amendment to the H1179A20 amendment:

Page 1, Line 10, delete "in the"
Page 1, Line 11, delete "teachers’ substantive fields of licensure"

Questions and discussion followed.

Rep. Kath withdrew his oral amendment to the H1179A20 amendment.

Rep. Newton renewed his motion that the H1179A20 amendment be adopted. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

A Division was called. With 12 Ayes and 7 Nays, THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Newton moved the H1179A21 amendment.

Rep. Urdahl presented the H1179A21 amendment.

Testifying against the H1179A21 amendment were:

Ms. Valerie Dosland, Minnesota Association of School Administrators
Ms. Grace Kelliher, Minnesota School Board Assocation

Rep. Newton renewed his motion that the H1179A21 amendment be adopted. THE MOTION DID NOT PREVAIL.

Rep. Demmer moved the H1179A23 amendment.

Testifying on behalf of the H1179A23 amendment were:

Ms. Michelle Weber, Minnesota Department of Education
Dr. Dirk Mattson, Director of Testing and Assessment, Minnesota Department of Education

Testifying against the H1179A23 amendment was:

Rep. Kalin

Questions and discussion followed.

Rep. Brynaert moved to divide the H1179A23 as follows:

Page 1, Lines 3-5
Page 1, Lines 6-16

Rep. Brynaert moved to vote on the first part of the amendment first. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Demmer moved to vote on the second part of the amendment and asked for a roll call.

The Committee Legislative Assistant took the roll. The results of the roll call were as followed:

Ayes:

DEMMER, Randy MURDOCK, Mark
DITTRICH, Denise NORNES, Bud
DOEPKE, Connie NORTON, Kim
DOWNEY, Keith PETERSON, Sandra
LOON, Jenifer

Nays:

MARIANI, Carlos GREILING, Mindy
KATH, Kory NEWTON, Jerry
BRYNAERT, Kathy OBERMUELLER, Mike
DAVNIE, Jim SLAWIK, Nora
FAUST, Tim SWAILS, Marsha

With 9 Ayes and 10 Nays, THE MOTION DID NOT PREVAIL.

Rep. Dittrich moved the A09-0281 amendment. THE MOTION PREVAILED. THE AMENDMENT WAS ADOPTED.

Rep. Norton moved the H1179A3 amendment.

Rep. Norton withdrew the H1179A3 amendment.

Testifying to HF 1179, as amended, was:

Mr. Richard Heller, Parent
Handout: Draft for bills HF 1701 & SF 1800

Testifying against HF 1179, as amended, were:

Mr. Peter Noll, Minnesota Catholic Conference
Mr. Jim Field, Minnesota Independent Schools Forum
Mr. Ethan Roberts, Jewish Community Relations Council
Mr. Jim Bartholomew, Minnesota Business Partnership

Rep. Mariani renewed his motion that HF 1179, 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.

The meeting was adjourned at 9:12 PM.


____________________________________
REP. CARLOS MARIANI, CHAIR



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

Amendments and final action on HF1179 (Mariani) Omnibus K-12 policy bill.