Minutes of the meeting of the State Board for Applied Technology Education and the State Board of Education held November 1, 1996, at the Ogden-Weber Applied Technology Center, Ogden, Utah. Meeting commenced at 9:00 a.m. Board Vice Chair Linnea S. Barney presided.
Members present were:
Vice Chairman Linnea S. Barney
Member Daryl C. Barrett
Member Neola Brown
Member Janet A. Cannon
Member Keith T. Checketts
Member Katharine B. Garff
Member Lynn Haslem
Member C. Grant Hurst
Member Boyd F. Jensen
Member Milton Kendrick
Member Kay McDonough
Member Marilyn Shields
Member Waynette Steel
Member John L. WatsonChairman Marlon O. Snow excused.
Also present were:
Executive Officer Scott W. Bean
Deputy Superintendent Laurie A. Chivers
Associate Superintendent Robert O. Brems
Associate Superintendent Bruce T. Griffin
Associate Superintendent Jerry P. Peterson
Public Information Office, Eileen Rencher
Board Secretary Twila B. AffleckExecutive Director, USOR, Blaine Petersen excused.
Also present for portions of the Board meeting were:
Cheryl Buchta, Standard-Examiner
Joana Canals, KSTU
Marjorie Cortez, Deseret News
Debbie Dujanovic, KTVX, Channel 4
Scott Jones, KUTV
Kathy Kapos, Salt Lake Tribune
Jerald Mikesell, Agency Services
Margaret Bird, Agency Services
Doug Bates, Agency Services
Carol Lear, Agency Services
Diana R. Cortez, Instructional Services
Ken Hennefer, Instructional Services
Parliamentarian Keith T. Checketts called the meeting to order.
Motion was made by Member C. Grant Hurst and seconded by Member Marilyn Shields to temporarily suspend the rules and elect a chairman pro tem to officially conduct the meeting until the vice chairman arrives. Motion carried with Members Barrett, Brown, Checketts, Garff, Haslem, Hurst, Jensen, Kendrick, Shields, Steel and Watson voting in favor; Members Barney, Cannon and McDonough absent.
Motion was made by Member C. Grant Hurst and seconded by Member Marilyn Shields to elect the parliamentarian, Keith T. Checketts to serve as chairman pro tem. Motion carried with Members Barrett, Brown, Checketts, Garff, Haslem, Hurst, Jensen, Kendrick, Shields, Steel and Watson voting in favor; Members Barney, Cannon and McDonough absent.
The Board repeated the Pledge of Allegiance.
Board Member Lynn Haslem offered a reverence.
Board secretary Twila B. Affleck recorded the minutes.
Executive Officer Report
Superintendent Scott W. Bean presented the following items of information:
Children and Youth Task Force Meeting -- The Children and Youth Task Force asked us to give them a report on the extended year programs. The Task Force was enthusiastic about the program and passed a motion that they go on record to request a meeting with the Governor in support of the extended year program which is one of the Board's budget items. This would be to take the $2 million in one time money to become ongoing for that program. They also were going to discuss taking it from experimental to make it permanent ongoing funding.
Dr. Bean reported on another meeting he attended where it was reported that both North and South Sanpete Districts who are trying extended year program, had enough funding to have approximately 1,050 students go on the 20 additional days. When parents found out about this, they had requests for double that amount of children, but they could only handle the first group of children they had received funding for. Dr. Bean indicated that we are finally getting to a point where we have serous interest on the part of districts and schools to look at the 200 day calendar.
Vice Chair Linnea Barney chaired the remainder of the meeting.
Member Grant Hurst questioned if there was enough comparative data that could be published that would help school districts to look at the process? Dr. Bean responded that this past year is the first year for the actual 200 day programs so there isn't enough data to provide for evaluation at this point.
Dr. Bean reported that there are eighteen schools involved this year. Most of them are elementary, with a few middle schools. We will, however, have high schools coming on this year, and they will be looking at the fifth term situation.
Member Neola Brown stated that there continues to be a concern
about the four day week, and questioned if Dr. Bean had been working
with the principals identifying where they might make some
adjustments. She indicated that there was a movement for them to
come to the Board and ask for an adjustment or waiver.
Further discussion ensued relative to the four-day week and the
help that is being given to school districts for extension of the
school year and other ways in dealing with this. Member Brown will
discuss the issue further with Superintendent Bean.
Interim Education Committee -- There have been
approximately five reports presented to the Interim Education
Committee and all have been written reports. The Committee has
allowed the office to give them written reports on the projects they
have given us, and this has saved a lot of time.
Centennial Schools Audit -- A report of the Centennial
Schools Audit will be reported on November 6, at 3:00 p.m. in Room
414 at the Capitol. Dr. Bean invited Board Members to attend if they
would like to. He indicated that we have a difference of opinion
relative to control issues. They want us to be more control oriented,
and the Governor did not have the same idea relative to this that the
auditors did. Dr. Bean met with Governor and indicated he should
review the audit with respect to these control issues. The other
area is the single source on the evaluation with the WIRE group
which was a valid criticism. Other than that it represents a
difference of opinion of central control and control given to local
communities and schools. Dr. Bean indicated that all the Board
would receive a copy of the audit report.
Governor's Cabinet Council -- At the last meeting with
the Governor's Cabinet Council, Doug Bodrero, Public Safety
Commissioner, made a short presentation about reviewing security
of state buildings. This has become enough of a problems that they
want to review the security in state buildings. We may need to
participate in this review.
Budget Hearing -- October 31 meeting with the Governor
for an informal budget hearing to discuss the situation with the
budget. He indicated that the concern is not necessarily for the
growth funds because it is a good economic year for the state; but
with the one-time funding that must be covered first. It will not be
as positive economic year as far as state funds for public education
as it has been in the past. Northern Utah Curriculum Consortium
gave one of their very rare awards to Bruce Griffin for his work in
education over the years. This was a very appropriate and well
deserved recognition.
Board Chairman Report
Member Daryl Barrett reported that she and Keith Checketts
attended the NASBE Annual Meeting in San Francisco. Keith
was able at the delegates meeting to put through a resolution from
the floor relative to the trust lands. There was a lot of confusion
with the group because most people did not understand school
trust lands and were not aware of the issues we are facing.
Because we were successful in getting this past, it will now put
NASBE in a position to help us move forward with this in
Washington. Member Barrett requested that the Board direct
Margaret Bird to give background information and points that can be
advocated at the national level.
Member Checketts indicated that the resolution indicates that
states maximize their use of trust land returns; and secondly that
NASBE advocate for appropriate compensation when those lands are
included in federal preserves. He indicated that the implication of
that is that we can ask NASBE to watch for those activities on the
hill and represent us as a national body. Member Checketts indicated
he had visited with NASBE staff and most do not know about this so
we need to help get them informed. It was noted that there are
twenty-two states that have trust lands.
Member Janet Cannon presented a procedure or bylaw which may
develop an election structure for board leadership. (For
complete details of the procedure, see General Exhibit No. 7659.)
She asked that the Board review the procedure to see if they would
be willing to consider passing this as a bylaw in consideration of
the upcoming leadership elections. It was suggested that the Board
discuss this issue later in the meeting after everyone had had a
chance to read the proposal.
Member Keith Checketts suggested that this may be a procedural
rule the Board might follow rather than a set of bylaws which the
Board does not currently have. Member Cannon suggested that the
Board may want to look into preparing bylaws.
School Trust Lands Report
Rulon Gill, Chairman of the Board of Trustees of the School and
Institutional Trust Lands Administration, reported on the progress
of the administration in managing the School Trust Lands for the
last two years. (For complete details of the report, see General
Exhibit No. 7660.) Mr. Gill indicated that the total assets as of
October are now over $120 million.
Mr. Gill indicated that he felt they are where they need to be with
the management team and structures and organization, however they
need a cost accounting system and project tracking system. Their
goal is to have total assets over $200 million by the end of fiscal
year 2001. They need continued support from the State Board and
the education community so that trust lands are remembered and the
hands on the projects are the right hands.
Member Boyd Jensen asked Mr. Gill to identify non-performing
assets. He responded with the following which are just a few,
Staircase National Monument, Arches National Park, Canyonlands
National Park, the land around Lake Powell. These are lands that we
cannot get to and they are earning nothing.
Mr. Gill indicated that the early analysis is the lands added in
national monument have made it very difficult for them because
there may not be enough BLM land left that we may be interested
in.
Member Grant Hurst questioned why haven't we taken approach of
taking federal government head on by establishing a money making
enterprise on a piece of land we own as the state school trust land,
allow them to shut us down and then sue them for loss of potential
revenue?
Mr. Gill reported that they have done something similar to that.
They put Arches National Park on notice that we were going to do
soil studies, that we intended to go on the school trust lands and do
only those things that were allowed in other national parks such as
the Teton Lake Lodge, Yellowstone Lake Lodge, pack mule trips,
convenience stores, gas stations, as long as they were compatible.
It was surprising how fast legislation passed after that. We also
hate to have a federal judge determine which way to go. Mr. Gill
continued that one of things they told the federal government was
that we were going to take this issue to conclusion. The Utah State
Legislature has given us a "war chest" to accomplish that. Once we
have those two things, the "war chest" and appraisals on the
inholdings legislation. At the end of this legislation, we still have a
chance to look at this and see if it is a good deal.
Member Hurst questioned on the Permanent School Fund balance
sheet, it appeared that about 22 % of the revenue went to
expenditures for operations. Mr. Gill responded that this was
overstated for this reason: $2 million has been put in as one time
obligations in the inholdings appraisals. This is 200,000 acres that
needs to be appraised. Mr. Hurst indicated that he would like to see
a breakout of these costs. He felt we needed to understand what the
costs are in administering these trust lands. This is a business and
it needs to be operated as such.
Member Daryl Barrett indicated that one of the elements
throughout the history of the trust lands is trust -- how much do we
trust the people making the decisions about the land. The new
administration doing better than the past. She felt, however, that
we are still in a political situation where there are developments
where we still need to trust each other a little more. One area in
particular is that one of our representatives be involved in the
executive session, and all other meetings.
Mr. Gill responded that executive sessions authorized by law
when dealing with personnel matters, sales of land and litigation. In
some of the recent executive meetings have been dealing with
litigation in which Margaret Bird and the state agencies are part of
the lawsuit. Another thing they do is look at and receive proprietary
data from companies that we have an obligation to keep within the
bounds that the law allows it. He further indicated that there are
times as chairman that he need to talk to his directors and say "we
are not going to do it that way", we are going to do it the trust way
and he did not feel it should be done in an open meeting.
Member Barrett questioned if our beneficiaries are represented
on the inholding exchange meetings. She felt we needed to be able to
trust that what is happening is in the best interest of the trust.
Mr. Gill reported that one of the things his analysis did about the
last 50 or 70 years of trust history, was if there had been a failure,
it has almost always been a failure in a check and balance system.
You had good people who thought they were making good decisions,
but there was not a check and a balance. We are trying to put in a
system that doesn't depend on the integrity of an individual, the
process will result in good decisions.
Superintendent Bean questioned Mr. Gill if he though it would be a
positive move to have a member of the state board recommended by
the board to serve on the trust lands board? Mr. Gill responded that
if that board member is knowledgeable on oil and gas etc. it would
make sense. Dr. Bean felt it might be wise to have a member of the
state board and a member of the board of regents represented in the
executive sessions.
Motion was made by Member C. Grant Hurst and seconded by
Member Boyd F. Jensen to receive the report from the School and
Institutional Trust Lands Administration with a vote of thanks for
the work they have done, and to continue discussion of this issue
from an internal standpoint.
Member Marilyn Shields questioned what was happening with the
exchange of the trust lands within the national monument?
Mr. Gill responded that no one in the State of Utah was ever
contacted to discuss this. We are trying to get a handle on what this
is and what our options are. One of the difficulties is to try to come
up with what we believe is the value of the assets affected, and
what rights we have to those. We are still in the process of looking
at what those assets are, but they are in the hundreds of millions of
dollars in revenue. They have not finished the damage assessment,
when that is complete they will move to damage control.
Member Cannon questioned if there was anyway our state can sue
the federal government? She indicated she had read the law and it
states that if someone occupies our land for more than 30 days we
can get three time remuneration. Mr. Gill responded that that is the
point of our analysis. However, one of the disappointing things is
that prior to the announcement on the national monument we had
been in almost two years of negotiation with the BLM to solve the
same problem, we were well down the road with an exchange.
Member Janet Cannon questioned how Utah was being treated
relative to the reinventory of the wilderness area? Mr. Gill
responded that it is his belief that reasonable people were no longer
able to talk so we have joined the litigation to stop that activity.
We have not only the Constitution of the State of Utah, but the
Enabling Act that created this state which discussed school trust
lands. We believe that the process was not right and we are suing on
that basis.
Kent Mitchie a candidate for the board commented that we ought
to be able to harvest the natural resources that are held in the
school trust lands. He believed that in those trust lands and in the
state's permanent school fund, ultimately are the seeds for
meaningful class size reduction, and we ought to be able to harvest
those resources just as other states have been able to do. He
continued that these lands were given to the Children of Utah in
trust; now we need to remind the people who gave them to us
initially that they belong to the school children of Utah.
Member Grant Hurst called for question on the motion. Question
motion carried unanimously.
Original motion carried unanimously.
Student Organizations, Rule R277-617
Motion was made by Member Keith T. Checketts and seconded by
Member C. Grant Hurst to approve the rule on first reading.
Member Daryl Barrett spoke against the motion indicating she did
not feel that the Board would be responsible in passing it on first
reading since it was presented in a draft for discussion only
manner.
Member Hurst commented that by passing it on first reading it
will give people an opportunity to read and discuss it. It will come
before the Board at least two more times.
Member Barrett asked for explanation of the rule.
Doug Bates, Coordinator, School Law and Legislation presented
the proposed rule on Student Organization to clarify the legislation
passed in the most recent session of the Utah Legislature. (For
complete details of the Rule, see General Exhibit No. 7661.)
Mr. Bates indicated that we are trying to shape the lawsuit with
the rule. There is no question that there will be a lawsuit that Utah
will fund about what the Equal Access Act means. The Act, by its
terms is very broad and appears to have no limitations whatsoever
on what can be done in the schools. It is clear that that there needs
to be limits. We were hoping to have the rule to be able to shape
that lawsuit so it will clarify the parameters of the Equal Access
Act without us having to have a series of lawsuits -- one over every
kind of club that kids imaginations are brave enough to come up
with. This is clearly not a gay clubs in a high school issue -- it is
much broader than that.
Mr. Bates reported that we have asked for input from attorneys on
all sides of the question, so we had to have something on the table
for them to react to. The rule presented may not be anything like the
rule we finally end up with, and we would appreciate any ideas and
from the board.
Mr. Bates indicated that by accepting the rule only for first
reading today, we are looking at a sixty to ninety day or longer
process before the final rule is adopted. The Board will have plenty
of opportunity to address it again.
Member Keith Checketts indicated that the reason for his motion
is to get this one the table. He indicated that he felt it is a good
first draft, and upon passing it on first reading we allow it to be
published and allow comment to come in. The Board can then take
further action as appropriate.
Member Barrett indicated she felt very uncomfortable passing a
rule in draft form, not hearing from attorneys on both sides of the
issue. She urged the Board to not take action on the rule in draft
form, because she felt there was plenty of opportunity for more
input. Member Janet Cannon questioned the definition differences
between supervised and monitored student club, and the rationale
behind that.
Mr. Bates indicated that the Equal Access Act indicates that a
school may not discriminate against students that want to meet
regardless of the religious, political, philosophical or other content
of the speech in the meeting in any secondary school. Secondary is
7-12, not simply high school. What we are looking at is there are
other Supreme Court cases that say that schools not only have the
authority, but the duty to protect younger students. The Equal
Access Act does not include any reference to that whatsoever. That
is one of the issues that needs to be clarified in the lawsuit --
whether the schools authority and responsibility to protect younger
students from getting involved in issues that are perhaps to mature
or controversial for them to deal with.
Member Lynn Haslem expressed appreciation for the work to this
point, and felt that we needed to start somewhere. He also
recognizes that regardless of whatever the outcome is there will be
grave concerns on any side of the issue. However, he would like to
see more detail before adopting the rule on first reading. He
indicated he was unclear on differences between 2 and 3.
Mr. Bates indicated that the reason for starting the process is
that once a State Board rule is in place it enables districts to wait
on adopting policies. There have been some districts under pressure
to get a rule in place right now; which we are concerned could get
the lawsuit filed based upon the narrow facts of what is going on in
that district and leave the broader questions wide open. We felt it
best to get this started for first reading so districts could
legitimately withhold completing their rulemaking activities until
this board is completed its work in establishing a statewide
standard.
Member Grant Hurst stated that as a board we need to step to the
front and take the heat shield on this issue and allow the districts
to come in under that shield. This is an appropriate role for the
Board..
Member Katharine Garff spoke in support of the motion,
indicating she felt comfortable adopting this as a first draft.
Member Neola Brown questioned what would happen if the rule
was not accepted on first reading and what procedure would be taken
in bringing more detail to the document. Mr. Bates responded that he
had sent copies to attorneys on the various sides of this question,
asked for written comments, thus far had verbal comments. He
indicated that by next month we should have something more
definitive which shows the reaction of a number of the attorneys on
the various sides of this issue. Motion carried with Members Brown,
Cannon, Checketts, Garff, Hurst, Jensen, Kendrick, McDonough,
Shields, Steel and Watson voting in favor; Members Barrett and
Haslem voting against.
Proposed Legislation for the 1997 Legislative
Session
Doug Bates, Coordinator, School Law and Legislation presented
the preliminary legislation being proposed for the 1997 Legislative
Session. Included in the presentation were the following: Ensuring
the Validity of Credentials in Public Education; Avoiding Conflicts of
Interest for Members of School Boards; Hazing; Equal Protection and
Corporal Punishment in Public Schools; Responsibility for Education
Costs for Out-of-State Students; Acceptance of Trust Lands; Public
Relations Appropriation; and Concealed Weapons Legislation. (For
complete details, see General Exhibit No.7662.) Discussion ensued
relative to the proposed legislation dealing with Avoiding Conflicts
of Interest for Members of School Boards. The discussion was
whether or not the Board would favor legislation that would prohibit
an employee of the public school system from serving on the state
board.
Superintendent Bean indicated that several alternatives on this
legislation would be brought before the Board at the next
meeting.
Member Kay McDonough questioned where we were on preparation
of legislation regarding the Utah High School Activities
Association's authority. Mr. Bates indicated that the list presented
in the agenda included the legislation so far prepared by our office.
The proposed legislation regarding the Utah High School Activities
Association's authority was drafted by Legislative Research based
on the discussions at the joint interim committee meetings. Mr.
Bates reviewed the proposed legislation on this issue. He indicated
that the proposed legislation says the Board sets the parameters and
then the High School Activities Association has to abide by that
ruling.
Superintendent Bean commented that this legislation would give
the Board some good flexibility in dealing with activities.
Motion was made by Member Keith T. Checketts and seconded by
Member Katharine B. Garff to approve the concepts as presented in
the agenda with the addition of the one dealing with activities as
concepts to move forward in preparation of legislation. Motion
carried with Members Barrett, Brown, Cannon, Checketts, Garff,
Haslem, Jensen, Kendrick, McDonough, Shields, Steel and Watson
voting in favor; Member Hurst absent.
Budget Recommendations for 1997-98
Laurie A. Chivers, Deputy Superintendent presented the Minimum
School Program with the approved building blocks for 1997-98 as
recommended by the Board. The information included adjustments
for new assessed valuations, CPI, and growth. (For complete details,
see General Exhibit No. 7663.)
Jerald Mikesell reported on growth and enrollment projections
that are used in the calculations for Minimum School Program.
Dr. Chivers indicated that in the class size reduction figures,
D16, we need to make adjustment there with an asterisk that if
there is an additional $15 million we would like that in the class
size reduction.
Motion was made by Member Keith T. Checketts and seconded by
Member Neola Brown to approve the Minimum School Program and
forward it to the Governor. Motion carried with Members Barrett,
Brown, Cannon, Checketts, Garff, Haslem, Jensen, Kendrick,
McDonough, Shields, Steel and Watson voting in favor; Member Hurst
absent.
Member Janet Cannon expressed an apology to staff for her
questioning and oversightedness at the last board meeting relative
to the budget. Member Cannon presented a suggested procedure for
budget preparation and presentation for next year. (For complete
details, see General Exhibit No. 7664.)
Ken Hennefer, Specialist, Corrections Education, presented
information requested by the Board at the October 11, 1996 meeting
relative to the budget requests for education by the Corrections
Department. (For complete details, see General Exhibit No. 7665.)
Mr. Hennefer indicated that the Corrections Department is
working with us better than they ever had. He further indicated that
the education system at the prisons has been very successful.
School-to-Careers Presentation
Mary Shumway, State specialist for School-to-Careers, presented
a brief overview of what is being implemented throughout the nine
regions of the state relative to the School-to-Careers Program. (For
complete details, see General Exhibit No. 7666.) She reported that
KUTV Channel 2 has taken leadership in this exemplary education
program by developing a "School-2-Careers" program which
complements the state School-to-Careers effort. The Board
reviewed the video program developed by KUTV Channel 2.
Ms. Shumway indicated that KUTV will sponsor a new half-hour
program on Saturday mornings produced, directed and everything by
students. This program will begin in January, 1997. She further
indicated that at the next Board meeting we will be recognizing
KUTV Channel 2 for their support and involvement with the School-
to-Careers programs.
Motion was made by Member Marilyn Shields and seconded by
Member Milt Kendrick to receive the report with commendation.
Motion carried with Members Barrett, Brown, Cannon, Checketts,
Garff, Haslem, Jensen, Kendrick, McDonough, Shields, Steel and
Watson voting in favor; Member Hurst absent.
General Consent Calendar
Motion was made by Member Milton Kendrick and seconded by
Member Katharine B. Garff to approve the General Consent Calendar
as presented. Motion carried with Members Barrett, Brown, Cannon,
Checketts, Garff, Haslem, Jensen, Kendrick, McDonough, Shields,
Steel and Watson voting in favor; Member Hurst absent.
3. Certification Agenda
Executive Session
Motion was made by Member Keith T. Checketts and seconded by
Member John Watson to move into executive session to discuss
personnel matters.
The Board was polled and by unanimous consent of those present,
the Board moved into executive session at 12:15 p.m.
Motion was made by Member Keith T. Checketts and seconded by
Member Neola Brown to move into open session. Motion carried
unanimously.
Open Session
Board Leadership Election Procedure
Motion was made by Member Janet A. Cannon and seconded by
Member Boyd F. Jensen to adopt the proposed procedure presented
earlier for election of board chairman and vice chairman.
Substitute motion was made by Member Katharine B. Garff and
seconded by Member John Watson to accept the proposed procedure
as recommendations and guidelines rather than a formal procedure,
to provide for more flexibility.
Substitute motion carried with Members Barrett, Brown,
Checketts, Garff, Haslem, Jensen, Kendrick, McDonough, Shields,
Steel and Watson voting in favor; Member Cannon opposed; and
Member Hurst absent.
Advisory Committee Appointments
Motion was made by Member Keith T. Checketts and seconded by
Member Katharine B. Garff to appoint Margo Lee Stevens to an
alternate position on the Disability Determination Services Advisory
Council; Dr. Dean Zobell to the Deaf and Hard-of-Hearing Advisory
Council; and Leslie Gertsch, Catherine Pickett, Jack Wheeler, and
Kristen B. Jocums to the Division of Services for the Blind and
Visually Impaired Advisory Council. Motion carried with Members
Barrett, Brown, Cannon, Checketts, Garff, Haslem, Jensen, Kendrick,
McDonough, Shields, Steel and Watson voting in favor; Member Hurst
absent.
Board Meeting Date Change
Motion was made by Member Keith T. Checketts and seconded by
Member Katharine B. Garff to change the December 13th Board
meeting to December 16th. Motion carried with Members Barrett,
Brown, Cannon, Checketts, Garff, Haslem, Jensen, Kendrick,
McDonough, Shields, Steel and Watson voting in favor; Member Hurst
absent.
Meeting adjourned at 12:45 p.m.
Following lunch the Board toured the new Metal Trades Building on
the Ogden-Weber ATC Campus.