Friends:
The House Education Committee met at 1:00 P.M on Monday, May 16 to consider several bills including House Bill 3222, House Bill 3177 and House Bill 3170.
According to the legislative summary, House Bill 3222, which was sponsored by Representatives Boquist and Olson
"Suspends for 2005-2007 biennium requirements placed on school districts related to district improvement plans, assessments, alternative placements for students, Certificate of Initial, Mastery, Certificate of Advanced Mastery, alternative certificates, alcohol and drug abuse prevention programs, instructional materials, substitute teacher salaries, talented and gifted students, instructional time, class sizes, media programs and guidance and counseling programs. Prohibits Superintendent of Public Instruction from issuing school district and school performance reports.
Prohibits Department of Education from withholding State School Fund moneys from school districts for not complying with suspended requirements.
Prohibits Teacher Standards and Practices Commission from requiring school district to forfeit State School Fund moneys for employing persons not properly licensed."
Representatives Boquist and Olson appeared before the committee and explained that it arose from a series of conferences that they held with many school districts in their regions. School administrators told them that they had to contend with too many regulations and that they could use their education dollars more effectively if they had the discretion to decide how to spend their funding without the need for so much paperwork and so many state requirements.
Their plan was that districts could file with the Oregon Department of Education a notice of their intent to suspend specific portions of "Section 22" (that is, the Oregon Education Act). However, the Legislative Counsel's office had not drafted the implementation clause as they had hoped.
It is not too surprising that the two representatives heard complaints about paperwork from the superintendents. Naturally, like everyone else, superintendents feel they make the best possible decisions and resent having anyone looking over their shoulders. Moreover, they have to take care of all the paperwork, and they don't experience any of the benefits from filling out all those forms.
Representative March asked whether there wasn't a danger that in suspending the Teacher Standards and Practices Commission the schools might end up with criminals on their staff who could not be screened out or dismissed.
This issue appeared to be unresolved by the testimony.
Three substitute teachers testified that the passage of the bill might reduce their salaries which were already barely large enough to support them and their families.
I then testified in favor of the Talented and Gifted mandate. I am copying my comments below.
The hearing for this bill was adjourned without further action.
OTHER BILLS OF INTEREST
House Bill 2653, proposed by Representative Lim passed the Committee. As amended the bill provides for a tax credit of $500 for home schooling families. The bill now moves to the House Chamber with a subsequent referral to the House Revenue Committee.
House bill 3129, proposed by Representative Lim, passed the committee as amended. This bill requires four years of English and three years of math for graduation. The amendment permits school districts to award diplomas to students who do not have the required years of instruction if the student: (a) Has met or exceeded the academic content standards for mathematics or English established by the board; or (b) Displays proficiency in mathematics or English at a level
established by the board. The bill is waiting for its vote in the House Chamber, having been postponed several times.
In addition, the full House of Representatives voted today 34 to 23 to eliminate both the Certificate of Initial Mastery and the Certificate of Advanced Mastery. This bill now moves to the Senate where its prospects are doubtful.
To hear both the Chamber session and the House Education Committee on the Internet, you can go to (requires Real Player, available with a free download).
To search the legislative website for a specific measure number, you can go to and enter the correct number. Be sure to select the correct sort of measure by checking the bubbles--for example "house bill" or "senate resolution".
Margaret DeLacy, for the
OATAG Government Relations Committee
****
My comments before the House Education Committee, May 16, 2005
Dear Chairman Flores and members of the committee:
I am here to express my concerns about House Bill 3222 which would suspend major portions of our Education law.
There are many programs listed in this bill that you have not taken testimony about. Before suspending them, it would make sense to hold hearings and give parents, students, teachers and other concerned community organizations an opportunity to tell you more about them and why previous legislatures included them in state law.
I would like to comment specifically on the suspension of the Talented and Gifted (TAG) mandate which I know best.
Last spring, the Oregon Department of Education (ODE) held statewide sessions on the TAG program. There was widespread participation from across Oregon. About 250 people attended these sessions, and 300 parents, 140 students and 75 TAG coordinators and teachers completed written surveys for a total of 535 written surveys. You have a copy of the report the Department made on these sessions as well as articles about them that appeared in the Eugene Register Guard and the Salem Statesman Journal.
I attended one session at each site, so I heard all the testimony. Last night I reviewed my 21 pages of notes from these hearings. The vast majority of parents and teachers said the program was inadequate and that children were suffering as a result. A few spoke about places where it was working. Over and over again, participants mentioned the lack of appropriate services for students and the need for more funding. Teachers pleaded for more training and better support from the Department.
Not a single person mentioned any problem with paperwork or excessive reporting or too much regulation. Instead, parent after parent and teacher after teacher spoke about the need for more state leadership.
Here are a few examples--I have provided additional comments on the handout
South Coast ...Just when things get going the rug is pulled away because there is no support from higher up.
High Desert....The underfunding of the TAG mandate puts forward the idea that it really doesn't matter. ...I miss leadership at a state level. It feels like we've gone back to the beginning again. Even token funding would bring credibility.
Wasco County: TAG seems to be the runt of the litter in terms of getting support.
I urge you to review the report from the Department of Education and consider these comments and ask yourselves how suspending the TAG mandate would address this testimony? This is not what parents, teachers, administrators and principals across Oregon are asking you to do.
The Oregon TAG mandate passed only because of very strong grassroots support from parents and teachers. Nearly every session since then, there has been an effort by a handful of lobbyists to repeal it, often through back-door methods. So far, they have failed. However all state TAG funding was cut without any public testimony at the very end of the final special session in 2002. The State Superintendent has used the loss of that funding, which has always been earmarked for teacher training, as an excuse for a lack of leadership. In the past, the Department has shown a much higher level of leadership in this area and it made a real difference on the ground. I believe that the Department can and should be doing a much better job--but passage of this bill will tell them they don't need to bother.
I believe that if you suspend the TAG mandate, there is a very good chance we will never get it back. I do not think it is a good idea to make such a serious decision without giving adequate warning and taking further testimony. By doing this, you would be sending a message to parents across the country that Oregon is turning its back on excellence in education.
On Thursday afternoon, a judge of the Multnomah County Circuit court ruled on a case that has been pending since 1997 when a group of Portland parents filed a complaint with the Oregon Department of Education concerning the lack of appropriate instruction for Portland TAG students. After many delays, the Department twice found Portland to be out of compliance with the TAG mandate. The third time, they found Portland in compliance and we exercised our right to appeal that decision. The judge ruled that
"The Oregon Department of Education must re-evaluate whether Portland Public Schools is doing enough for its talented and gifted students and must consider whether its rules governing TAG programs in all school districts are strong enough."
If you pass this bill, you will overturn that ruling and undermine years of hard work and faith in our system of government. Many Oregon families and families throughout the country have followed this case closely. This is no time to send the signal that Oregon is ready to abandon its most capable children.
Let's respect the testimony that has been collected from hundreds of parents and teachers across the state and strengthen our programs instead. I urge you to send a message to the ODE that you expect them to do more by passing House Bill 2954 instead of House Bill 3222.
Here are a few examples of comments made at the Oregon Department of Education public input sessions on Talented and Gifted Programs:
South Coast ...Just when things get going the rug is pulled away because there is no support from higher up.
High Desert....The underfunding of the TAG mandate puts forward the idea that it really doesn't matter. ...I miss leadership at a state level. It feels like we've gone back to the beginning again. Even token funding would bring credibility.
Wasco County: TAG seems to be the runt of the litter in terms of getting support.
Multnomah County: The Department of Education should be overseeing this.
Eastern Oregon.... The state law is excellent. Most rural districts need funding and expertise from the Oregon Department of Education. If we implemented and funded it we would be exemplary but districts are left on their own.
Vale..... ODE should give TAG a higher priority and should provide more communication with TAG coordinators in different districts.
Beaverton.... There is a need for state leadership to help TAG kids especially minority and low income kids.
Salem.... ..We find funds for Special Education but not for TAG.
Newberg.... As a TAG consultant I rely on the expertise of the Oregon TAG specialist...There is a need for [State] leadership. The State must model taking TAG seriously and [not] making a mockery of its laws
Salem student... The Law says TAG programs are required and the state should enforce the law.
Eugene professor of education... I'm sorry to be watching the demise of the program. We need leadership at the sate level and it has cost us funding because it's missing.
Eugene program director: The state is like a boat floating randomly without a leader.
Douglas County principal and TAG coordinator. With my other responsibilities I can't get TAG job done. We need support at the state level. We need training.
Roseburg....We need leadership from the state. TAG is on its last legs. My daughter has nowhere to go.
McMinnville: ODE should use its budget to reinstate its TAG specialist. It is sending the statement that it doesn't care. We need leadership.
