Education Committee- House

I don't know if there area just go ahead you fake your way through this. This is a a House bill SP I'm sorry Senate bill SB three ninety seven is that correct that is correct all right you're recognized. This has to do with something we've talked about many times about if we could get all of the colleges and that in one place to work as seniors are going away to college that they have something of god to go by and they could see all of the things that college offers the ratings everything about it will this bill will do that it will take it is going to be very easy for them to follow they will be given even a sheet or how to go about finding and they it will give them every two year college of that's a state college in the four years and so this is the one that we've been looking for and I'm so happy to to be presenting this today because I know that it'll it's going to help many students and I would appreciate a good vote all right have any questions the representative makes. Thank you a representative and very very encouraged to see this by the one question I have is what this guy is complete will it be furnished to all high school students or will they have to take the initiative and go get it themselves or you know it says each student will be provided so I would say that the it's going to be provided to everyone off of Arkansas excellent thank you Robson got for. Thank you Mr it looks and like its electronic is that right that it's electronic guide yes and so my question is I'm certainly in support but and there is the provisions somewhere that every student who's applying to higher ed will have to say they've received this guider they've they've been made aware of that how how does that work mechanically is that part of the application process and maybe higher any to talk about that but saying that students won't be able to apply for college unless they say they've seen the guy to receive the guide. Is there just is our process for that. I don't guess I understand exactly what you think that would be an application prosperous process at the change that would make you gonna say that in essence online you would have to just about put in a I think she's want to know how they're going to know if there right I would I don't think they've actually seen this I think the counselor I mean you know we passed a bill that the counselors and be working more and helping our students that's going away to college and and for other things that they do so I would think that through the counselor that this will be and if and they will be provided a paper copy if they needed as they will okay yeah that was my question I found it on page three that subsection D. a prospective student shall verify that he or she has been provided. The higher education consumer guide before completing an application to a state supported institution of higher education I just don't want that to be a barrier you know if if for some reason they don't access the guide of the like tronic if you know counselor doesn't give it to them I just I didn't want any barriers in the way of of kids getting to apply to college if they haven't seen the guys I was just wondering about the mechanics of that that. Any other questions. Seeing none. Of we have no one signed up to speak for against the bills anyone the audience like to speak for against. Seeing none would like close for your bill and I appreciate a good vote and. The motion I make a motion. Thank you pass do pass already discussion on the motion seeing none all in favor say aye opposed no thank you regulation pressure bill of reps centered on your next. but it's three sixty one. Sir Garner here with S. B. one six one you're recognized thank Mister one most vital industries we have in Arkansas is a hundred the fishing industry if you look at it it generates billions of dollars revenue and it's something that we take seriously in all parts of our state no matter what you're disagree is what it looks like one of these issues we have right now is the next generation being trained up on what they exactly do it comes honey you know something if your dad or granddad or mom or dad and teach you you might as necessarily had the skills to be exposed to it as we proliferate the electronic generations of the my son and daughter know very much about I think it's become more of a problem what this bill does is allow school districts if they so choose to offer for a physical education credit a game and fish backed hunter education and gun safety course this will allow them to have certified teachers who go through the Arkansas game and fish training to go up there to teach about what this do they could about how to hunt how to use a firearm safely and how to do that for the good of our state without take any questions. Rosa Murdock you're recognized. Thank you cheer senator garner the the the gone part of this what provisions would you have to ensure that the safety and care is necessary because these young people in it And courses instructor there I'm sure but as we all know that been through school sometimes instructors about the room today he is so different things can happen unintentional so my my question is what would you put it as a provision to ensure the safety of our children because people so let me just go the for the I think kids get mad at each other people have called them really is a big thing that people look for remittance of the somebody's believe me I know that Mr Johnson teaches this course I know there's a gun in the air Mr Johnson is it is on duty or he's at large so there are some some real safety concerns that I have with the real firearms being in the school place if you will and just want to hear a little bit about that was three fold one they may or may not use an operable firearm that's of the school if they have the resources to desire they can use what I in military call rubber Ducky or a fake weapon thank you putting their own rules and safety what I measures be similar to represent Murdock is right now we have many trap teams in our school that Care actual loaded firearms were they going shoot trap at its facility this happens in my hometown of why group at home group they allow Medicare shot going to go out there and shoot actual shot and they have policies in place to ensure the safety as far as I know there's never been an incident of there being a accidental shooting or an issue with actual life our arms with actual ammunition if this was me and I don't have the ability to actually use weapon what I would do is take out the firing pin which is very simple to do and once you do that died gone is physically impossible to shoot and something as simple as that will make that completely safe I don't think bubble down the road we carrying his a. Thirty thirty there to show how does how it works I think it will be every school understand the necessary safety need to ensure that the kids are safe I think I'll take necessary precautions to the school board and administration to make sure that doesn't happen well a please you're recognized so I respectfully understand what you assume they would do what I would be concerned about is what I've seen them do and be an intentional or unintentional going back to my original statement would you be of ours to placing something in the in the legislation that requires some say you talk about the the couple of measures that you just mentioned I'm not a gun guy you mention a couple things that I think would help make it more safe versus leaving it to someone to do with themselves I mean I I I I make a get there if you would enforce that they do that and then I know was not there but that the the depend upon them to do it me knowing that the the the here's what I'm trying to get to the application of what teachers go to already and they just the day and what it requires in the amount of rigor in various ways I don't think it would be intentional so stay with me it would be something unintentional but if this was in place well you have more about that. My account would be that is if you try to limit the scope of how you use an opera fire arm you may destroy the ability for many school districts special role in poor to have that power man there. I anticipate that if before any formal be brought in there the school poor had put in a strong sense SO P. to make sure that there is no real risk or danger to him and I will also note that for generations including myself I actually took my farm safety and hunter education at the school it was done by a teacher and a wildlife safety officer after hours so this is already occurring the only really distinction is is now the school can offer that as credit put into the official correctly thank you thank you thank you but you. Per the circle but we got something special coming up so representative Gabrielle recognized for a question right now it was asked and answered I had concerns about loaded guns for middle schoolers thank you resent break. Thank you Mr this might be a question for the department but For we're talking about possibly non teacher coming in and teaching the course is is that okay is it with the Department center you're getting a credit card credit for the course the anticipation for discussion with them it was it be a non teacher teaching course it be a teacher who wants to go through the Arkansas game and fish official course to be certified by the state that they could teach anywhere and then they could teach an active passive squad only anticipate they're bringing in you know a guy down the street to do that okay that that that policy will be set by the school itself they will always have that control over how they want to to implement this okay thank you revise your question. Thank you Mr I'm assuming that the department but promulgate rules for this is that correct yes ma'am and I talk to them before they made and made some changes when I originally put this out form I don't know if there for but they're definitely neutral and they have no no heartburn with it thank you Kristin Murdoch you're recognized for a question. All right we have the department of the table someone representing them they are neutral as you just said. Okay. I will say. Jon Kate part of education. Correct Senator Teague up to US secretary key as it relates to the questions that you heard me speak to senator garner concert is legislation could you help me to understand what you understand about the safety measures that will be in place. In. That it we feel comfortable difficult with the secretary of the department to put is in place and that it would not bring unintentional certainly understand that the educational part of what he's trying to do I'm not adverse to that at all I'm very concerned about what I see happening in schools with overloaded teachers in situations that are intentional and then I know about the building aspect and how people will use remedies that they did put together the plan key it so I'm just very concerned about that and I think we can fix it. Still teach thank you fix it what are you of opinion on it please so we we have discussed this bill with senator garner we don't see That very much risk at all with this any as as senator said the shooting sports is one of the fastest growing activities for school students in the state great partnerships with Arkansas game and fish as far as the use of of their facilities shooting facilities around the state state championship summit it's something that tracks boys and girls in great numbers and all of those situations of their safety precautions are followed as far as the securing farms in those situations so we we don't think that there's an issue here I mean this bill is simply about allowing this to be brought in and used and if they use it during the time it's for P. even at peak credit can be awarded it doesn't replace P. class or anything like that but we we don't we don't see major risk with the the inclusion of and the option of districts to use operable firearms for the safety thank you thank you. Or a. Correct one question please. You're recognized for a question. I'm I'm not really familiar with a fine on an aspect of of farms being on campuses or anything so can you walk me through that through that that piece right there of having firearms on campuses are having. You want me R. sorry about that yes so right now like I'll take example former gross regret that they have a track team that goes out and shoots at a offsite location but they have school resources and students who have the weapons have the shot shells who have a process in place in order to do that and still they to the school I don't know the exact rules for each district as far as when you can bring to going on campus I can do that but as Commissioner keep rightly point out the schools have stringent for my understanding measures to prevent that from happening call safety issue and knock on wood as far as I know there's never been a accidental shooting or intentional shooting based on the student having access to the weapon or the faculty as well I have not seen that happen all the multiple jurisdiction to do this in multiple schools to do as well not that it couldn't because you can always an actual distortion always happening in the situation but I haven't seen that safety risks manifest itself in real actual or. Yeah we have a most all of our rules schools close the schools or and and garner County help track teams multiple track team so we are always having that at our schools and it's no accidents nothing these kids are proficient at taking care and working these guys where they're supposed to that's what this is about is to teach the kids how to do that so okay so are there any are there ever any firearms on campus per se not for the not out the meter solely in this classroom that would be a firearm I look to us senator garner come to that correct that that's will be doing. And I give the best example I can compare to I mean. If we're going to ask kids to you know fifteen six zero kids jump into a moving vehicle double drive around you have to actually get a minute court to drive if you gonna ask students to actually have farm safety using a real weapon or a weapon that meant that mocks what a real weapon is I think it's very important it can be done safely as much as we like to show slide and stuff like that it lets you handle the weapon and can feel it understand it you're always gonna have that safety risk I believe to do that. All right any other questions. Okay see no other questions there anyone I have no one signed up to speak for against this bill anyone the audience speak against. For. Like close for your bill. Closed okay we're closed was will committee I have a motion to pass and representative makes a discussion on the bill. Seeing none all in favor say aye. Any opposed no. Resolutions your pastor bill. Speaker Shepherd. Let you take the table. And Mister Speaker I will allow you to introduce your guest whenever you're ready and how you would like to do that you are recognized to Percy. This is house bill sixteen third of seventy one sixty seven. Missed race will get right to you after okay. Thank you. Thank you Mr chairman yeah I am here present house bill sixteen seventy one and along with me today at least initially for this presentation is McElroy who is an in house counsel at the University of Arkansas at fable and then we additionally have several other guests that will speak in favor of it including hunter Yurachek who's the athletic director at the U. of a Tombo and who is the new athletic director at Arkansas state university and then coach Sam Pittman from the U. of a in fable up. Members with regard to House Bill sixteen seventy one this bill provides for student athletes at our institutions of higher education to be compensated for their name image and likeness just to give you some background over the would really this issue it goes back Probably ten to twenty years and many of you may be familiar with with some of the surrounding issues with college athletes whose names or images or likenesses were being used without any form of compensation have we seen it up by the most high profile instances relate to video get certain video games and there's been a lot of discussion surrounding that Randy mass Nelly with the University of Arkansas and myself have been discussing this issue probably for the better part of the last two years and the hope was that there would be a solution entered into at the federal level congresses had a couple different versions that have been proposed but unfortunately there's not been consensus reached a federally and therefore it's really falling back upon the states to address this issue one of the things that really brings it to the forefront is that uh also showed this and I don't know how many of you can see it but basically but we now are starting to see states enacted legislation in this area in the notability Florida has already enacted legislation Colorado Nebraska Michigan New Jersey I believe California has some form of this legislation and there are actually a total of six states have enacted this type of legislation they're twenty three states that have introduced this type of legislation in the current legislative session and then there are thirty seven states that in some form or fashion of had this type of legislation introduced and so in short states are moving very quickly in this area and quite honestly it becomes a a matter of competitiveness for our institutions of higher education I don't have to I don't have to go through the nature of the competitive competitiveness at the division one level particularly when it comes to some of the high profile sports but we've seen now with states it within the put. Print within the recruiting for a footprint of but some of the institutions are here today with states enacting this type of legislation it does become a matter of competitiveness in in the form of recruiting so what would house bill sixteen seventy one do well first and foremost it is not providing for student athletes to be paid for they're athletic participation at the university so I want to get that out from the very get go I know that sometimes there's headlines or when people look at a piece of legislation they jump to conclusions this is not about compensation from the universities this is not because athletes to become employees of universities or change anything about the relationship between a a institution of higher education and the student athletes so I want to say that at the outset but what it would do it would provide student athletes with certain rights with regard to their name image and likeness that would allow them to enter into agreements to receive compensation for the use of their name image and likeness it would also protect student athletes if individuals at attempt to illegally cause them to enter into agreements that would violate the terms of the law it would prohibit pay for play it would allow them to have professional representation so student athlete could employee at third party advisor to assist them in navigating the contractual obligations are contractual relationships when it comes to their name image and likeness it would also preserve the university standards and that this would apply to any institution of higher education now up given the nature of of where primarily we might see student athletes who have may be a the the pride the greatest likelihood of being able to profit from their name image and likeness we have worked with the U. of a and a issue and you see a on this and and they are all supportive of this piece of legislation and then finally it would promote compliance it would require student athletes to comply with the standards that the university has in place and then one of the things that was amended on as we look at some other bills from across the country is to allow for a civil remedy if a third party damages the Univ a university or damage as a student athlete in this round that would allow them the opportunity to the student athlete or the institution to see remedies for that and so that in that shell is what it does again it's not this is not about paying athletes to play this is simply the diverse student athlete has the opportunity to you know enter into an agreement where there likeness their image of their name is utilized commercially than they could receive compensation for that and from what I've been told from that particular with the university is that we allow this in virtually every other area of higher education if an engineering student is able to it has or any any realm but if an engineering student it has the opportunity to they have the opportunity to be compensated for their name image and likeness or their findings in a certain field and so this is just simply met leveling the playing field and allowing Arkansas really to be one of the front runners here in the country but it's important for us to deal with this now as we all know the legislature if we don't act now then it may be two years before before we have the opportunity to act and by that time will you know the ship may have sailed proverbially and we may be well behind some of our neighboring states and other institutions for which we're competing for a student athletes and with that I would asked Mr McCord to share anything that I may have missed or maybe he could give some further background on this record you just recognize yourself and who you're with for the record please. Thank you Mr chairman thank you also Mister Speaker and the members of the committee my name is Matthew McCoy I'm the senior associate general counsel for the university of Arkansas system I am the athletics lawyers for the University of Arkansas in Fayetteville. And at I want to thank you for inviting us here to speak on this bill and as the Speaker said it's an education bill it's a bill about the quality of education and opportunities. And I wanted to take a second to provide a little context. The last time I testified before this committee was in April of two thousand and six. And it was as the state's education attorney in Lake View versus Huckabee shortly after the Arkansas Supreme Court decided that our system of education was constitutional. And that was in large part due to this committee. And the work that this committee does. So I want you to know that I'm intimate intimately familiar with what you do for this state every day and what you've done for education and the opportunities that you create for our children and this bill is simply a further extension of creating more opportunities for the children our state. As the Speaker said this is not a pay for play bill. This is only restoring rights that everyone in this room already has and everyone on our campus and all of our campuses already have it will not make our student athletes employees it does not give them a license to use the state's marks logo's images. It it just simply gives them the right to ownership of their own likeness. And I'll. Speak to some of the more specific provisions that I think makes this bill unique and one of the advantages we had in being able to watch the landscape develop across the country S. as a Speaker pointed out several other states have already enacted them by several I've already filed and that allowed us to look at each one of those bills and and pull the best parts that we felt would benefit both our student athletes and the institutions of the state. One of the things that I think is important about this bill is the fact that it still preserves the university standards and the universities rights to engage in its own contracts and maintain the standards but it applies to all of its students. The compliance piece this Speaker spoke about I think it's also very important to this bill. It would require that agents follow our uniform agent law that's already been enacted in this state. That they contact the athletic director in the athletic department and compliance departments when they engage student athletes another important piece to this is to know that student athletes under this bill. Our only defined as those enrolled in a higher education institution so it is not opening up the landscape of agency for high school this is only upon enrollment at a higher education institution in the State of Arkansas. It also would require that any agent or representative for this student athlete to share with the compliance department the amount of those particular third party licensee contracts and to share those terms and the essential details of this contract that the university would need to ensure compliance that were not violating NC double a rules that we're not taking impermissible benefits and that the student athletes are not being taken advantage of in those agreements. Another unique provision to Arkansas's law allows those student athletes to be able to resist rescind those agreements when they're no longer enrolled and I know that one of the concerns that many athletic directors including our own. Had was make sure that we protect the student athletes with this bill so that they're not being taken advantage of through this process. if you had a. A Eight a highly competitive student athlete with a potential professional career they wouldn't be tied to something they signed when they were nineteen years old as a freshman. In addition to that. It would not allow a student athlete to be paid for their performance. Or paid related to pictures images and association with their practice or competition this is this bill is purely related to the athletes of the student athlete themselves. And as the Speaker said. We wouldn't be here if the NC double a and the federal government had already figured this out. We we are here today because we believe timing wise it allowed us the opportunity to research it to provide education for it and then to present at a sufficiently today with that I'm happy to answer any questions you may have about the bill. And one other thing I would mention floor to Florida's law takes effect July first of twenty twenty one we provided in our bill that this would take affect our law would would take effect January first of twenty twenty two so that allows us at time to educate the student athletes on what opportunities they may have and what their rights and responsibilities are it also allows institutions to prepare for that but the same time this is also about competitiveness to and that that allows us to you know provide some certainty so that these institutions is there talking with prospective student athletes are able to lay out for them and their families what those opportunities may be and what the state law in the state of Arkansas will be as of January one of twenty twenty two. Glad to answer any questions and then we have a few others that are are. lined up to speak for the bill Richard Murdoch you're recognized for a question thank you share thank you Speaker for bringing this weekend we talk about this as well but this was coming and appreciate Mr Quinn others for being here my question is generally I understand what you're saying and I are here the reasons why we need to do this or. Will be ahead of the game take me through one of you can engagement of what this would be a specifically just give me a scenario of how this will work because as you know Mr McCord mentioned that is not tying this ninety year old to an obligation that he or she makes now you know this that that they'll they'll have a third party that they're engaged with but it won't so help me give me an example of what you would want this to be. It may take you to that. I can speak more hypothetically to this but I can tell you. we have quite a bit of experience with this because our our head coaches already are engaged in this world if you see a must buy a shirt or a but turned up the jukebox shirt you you know that this is already out there for head coaches so well so we're familiar with that at the university if I'm a student athlete who enrolls then it immediately begins to apply to me upon enrollment at that point I can contact an agent or a representative who is properly licensed in the state of Arkansas and registered with the secretary of state to begin to represent me under our current laws that would require the agent representative to immediately contact the university and let them know I've been contacted by student athlete who would like me to represent them we don't have any other contracts approved at this point we don't have any licensing deals but I did want you to be aware that I would be representing the student athlete going forward so so you I would be paid from a student athlete that athlete then you would pay me I'm a so my contract would be a hundred dollars or whatever dollar amount to. For you to use my life for someone cool cool member I guess to use my likeness in a matter so I wear something I'd is not tied to my performance that's right so I wear something or I speak what how do this yes Sir so it could be any number of things and probably the one that that would be most prevalent would be social media so a lot of our student athletes you have my number of followers may be asked by a a prepared meal plan if you'll mention are prepared meals ten times I'll give you three hundred dollars for that particular representation and and maybe a student athlete has it's it's from a particular hometown there from loan up and everyone knows that particular student athletes it may be a local restaurant who approaches and says would you do a commercial for us and so this would give them the opportunity to actually be paid for doing that. Right now they're not allowed to do it all unless they get an exemption and and I think Hendren can speak to some specific instances where student athletes have been denied those opportunities and I think a coach Pittman can also speak to the recruiting side of that and how that impacts but but but I'll go ahead and finish by saying let's say that student athlete. Decides that they want to enter the draft after their first year and they signed an agent contract that outlined the commission percentage for the agent and there tied to a number of of smaller local deals. At that point when they leave the university they can start of. They they can then re engage and representation they can execute new contracts because the way that we looked at it is that that the playing field for the student athlete has changed dramatically at that point. Reserve break you're recognized in question just a follow up of a few things in and represent Murdock it probably knows more about the series and probably any of us sitting here because I know he has past experience necessary but with regard to the representation agreement it would be limited and focused on the commercial use of a name image and likeness not on other other things that agents normally might be involved with for this for purposes this bill it's focused to that particular area then the other thing I would mention is there are certain categories of products that under the law they would not be allowed to contract with the mean adult entertainment alcohol products casinos and gambling for anything that's prohibited in the any product or substances prohibited in the competence competition that they participate in pharmaceuticals tobacco weapons so there there are some broad parameters on on what they can enter into an agreement with and the other thing that that I think I failed to mention is they can the student athlete is able to go out and and enter into these agreements but that isn't they do not have the right to give the third party the right to use the razor back or the University of Arkansas logo that still has to be dealt with directly through the University of Arkansas. I represent break you thank you Mister you you just touched on this but as far as a third party I am I know you said that they would be separate agreements between using the name and then future professional contracts but with the agent. Be the same with the with an agent handle both of those or is there a conflict there. I think under this bill that the language just limits set while they're student athlete there there eight their agreement is limited to the commercial use of their name image and likeness now what that might look like in the future I don't think there's anything that would preclude them at the point in time that they're able to have an agent who represents them for purposes of professional contracts or otherwise and I don't think there's anything in here that precludes that not in this bill we do currently have another law that would prohibit it would prohibit professional representation while in role. in that area that's and that's under our uniforms athlete agent act so we do have another comprehensive bill related to agents which regulates that power yeah recognized that I was just want the same agent could do both functions here if they're properly registered with the secretary of state's office and their eligible under both statutes under both accion's okay thank you Richmond make sure of what I do I do think it's my recollection because I think that that agency bill was passed may be I think it's maybe my first or second term here I think Senator former representative and senator David Sanders I think it carried that but while they would have that opportunity if if during the course of that of that student athletes still being enrolled and still being a student athlete if that agent took up matters or may be moved outside what they're permitted what they're narrowly permitted to under this law there are serious consequences for that and so there are those parameters are already in place. Senomyx. Thank you Mr chairman a Speaker I the based upon your testimony sounds like the anticipation here's gonna be mostly small scale the year we're not gonna have multi million dollar contracts for for our students the the concern that I have and I think you've already addressed it but it sounds like there's gonna be a very strong decoupling between the playing and these these contracts what I don't wanna see us getting to a situation and hope you can may reassure me here is a situation where a student is getting into or their grades or failing there's disciplinary action and that there's things that are prohibiting them from either playing or that are hurting their academic progress and I'm wondering if you could speak to the protections that are provided to the students in those cases to make sure that they're not being unduly pressured by these commercial entities to perform a certain way to keep up their image to keep up that value to the commercial entity and at the same time making sure that they don't get swept down you know through all these you know all the attention that these Opportunities can bring that end up being detrimental to their academic so I wonder if you could just give us some reassurances on those two fronts I'll let Mr McQuaid kind of fill in more the details on that but from my perspective and with the bill that we have in front of us I think that it really comes down to the preservation of the university standards that this bill roll preserve the right of the institution and coaches and Administration to have to to be In a position of authority and have the guidelines and parameters in place and I think that I think that just from the standpoint of the university in a issue and you see in that you see a being involved in this I think it demonstrates how these institutions here in Arkansas are trying to be proactive they're trying to look out for the best interest of student athletes no one would be here at the end of the table today if we thought this was going to be detrimental to the student athlete support to the programs or the institutions themselves and you know it it they're they're undoubtedly there actually if a student athlete is entered into some kind of agreement with a third party in some ways that may put a greater responsibility on that student athlete because now I'm there if they've got a contractual obligation and some responsibilities with those third parties but I also believe this bill preserves the ability of the administration the coaching staff to to stay on top of that make sure that the student athletes are taking care of their business in the classroom and on the field. Part of the advantage to the bill that that Mister Speaker presented here is what he just said that's a specific. Asian within the statute that prohibits those agreements from conflicting with any term condition contract policy rule regulation or standard of the enrolled institution so to your point if if the institution perceived there was a problem and the demands that they placed on a student athlete they do have the discretion to be able to limit that and regulate that and I'll I'll add one more piece hunter with the athletic department has brought in as a senior athletic director for name image and likeness whose part a big part of their job is managing and educating the student athletes about that role so we have both the protections of the bill and the human element to make sure that that were looking out for the best interest of our student athletes thank you gentlemen I'll have a motion of part time as chairman. All right reserved McKenzie you're recognized. Thank you Mr chairman some of this is been covered just trying to get understanding here since this is all new language What is it what is been preventing obviously something has in the past for athletes to do this right now and what's the controlling law as far as federal into double a state law university policy just trying to get a handle on what's going to control since obviously this is new language. Up until the lawsuit that was filed by at o'bannon. The NC double ace position was that the student athlete could be declared ineligible to compete there could be sanctions penalties loss of scholarships with regard with regard to violation for the NC double a rule there was no federal law prohibiting it there was no state law prohibiting it. But currently there's no cover for state institutions to make decisions for their student athletes that violate what the NC double a prohibits so part of what is in this bill is that the NC double a is not permitted under our state law to prohibit that any longer and that's what all of the other states of included And an initially hoping that one federal bill would unify all how that is applied across the country but that hasn't happened so each state is having to take steps to protect their own student athletes. But right now the only prohibition comes from the NC double a. At least at least with regard to our institution. Senate got for you're recognized. Thank you Mr chair thank you for this bill Speaker Shepherd I am had requested that you bring a collegiate athlete to help testify but I guess catchment in an eighty year checker could flex as well we do we do what we can yeah. Several over the anyway. My question is about you would take a lot about third party but in the bill is that any you've touched on this a little bit but that doesn't include the university itself at the C. LA can you just talk a little bit about what's not changing the current relationship between students in the university or student athletes in university the SEC the ends of the NC double a in regards to name image and likeness those that is. At organizations or institutions are able to use a student's name image and likeness because of their relationship as a student athlete if you could just explain that and what's not changing. You. So. The university's relationship is not changing they're they're still. Still prohibited from being able to. Utilize their own name and image and likeness in association with a racer back Jersey or in front of the stadium or any of the marks and marks and logos of our public institutions. with regard to the NC double a in the SEC that they're part of their participation in those conferences allows them to be able of course broadcast their image and utilize their name image and likeness but I will tell you I've had since this came up I've had interested parents ask me what if we do not agreed to allow an institution to to let's let's say Put out on Twitter social media that so that someone broke a record or that someone was was named an all American what then we certainly wouldn't do that now I think they realize very quickly the benefit of being able to put on social media that someone's all SEC or all conference and so we've not had anybody refused to sign those types of releases to be able to do that. but. It in the future that certainly could happen. Mr Speaker that is all the questions for but if you want to bring another of testimony to to sure I'm gonna. I'll ask that Under your check and Tombo in I believe that both of signed in to speak for the bill I'll ask them to come to the table and they can offer their comments. You state your name and who you're with you both recognized to speak for the bill sure good morning I'm hunter you're checking the vice chancellor and director of athletics at the university of Arkansas thank you for allowing us to be here this morning this is an important bill but the reason that there's thirty seven states have introduces legislation ahead of us as we were in hopes that they would be legislation at the NC double a level or governing body for our athletic programs across the state or the federal level that would supersede anything we would need to do at the state level but we're we're at the point where that doesn't appear that's going to happen before July the first of this year which is when the Florida name image and likeness bill comes into effect and that that could dynamically impact the recruitment student athletes across this state and our ability to recruit student athletes across this state someone and ask for a practical example of this we have a track and field student athlete who did a great job building his social media following to the point where he was able to sign six figure agreements with two companies this past year which rendered him ineligible to participate in college athletics and he made a decision to no longer be a student athlete and so we had to give up his last year of eligibility four to six figure contracts but with this law in place or any law at the federal level or the NC double a level he would be they have been able to monetize his name image and likeness in honor those agreements and also participate as a student athlete and so he had to make a choice between one or the other quite candidly the reason that this has not happened to date at this level in my opinion is because we have not figured out as a governing body within the NC double a had to how to legislate basic human integrity we're concerned about how this will dynamically further impact cheating in recruiting process. As a student athletes and where the local cop car dealer may provide an agreement to a student athlete to course and to come to your institution because they're going to you know be the official spokes person for that car dealership we haven't figured that out I'm in their industry and I'm not sure will ever figure out how to legislate basic human integrity in college athletics and so because of that we're holding up the ability of our student athletes to have the rights to their name image likeness which is what they own and every other student on our campus can monetize your name image and likeness some take full advantage of it some have absolutely no interest of it some have no value to their name image and likeness but so and I think you'll see that in college athletics as well that some of our student athletes understand it they want the opportunity to monetize this but some don't want to spend the time on it don't want to go the image on it they just want to be a student and I want to be an athlete but regardless they should have that opportunity to do so. Well said under. My name is stumbling on the new vice chancellor at Arkansas state university and I also support the Speaker and Matt and probably that one of the most innovative and cutting edge bills at any state is adopted in this whole process this is a serious problem that has started three years ago and is now getting a tip of the spear moment student athletes have never had the ability except within of wavered exception by NCA Committee to monetize our market their talents whatever they want to do this isn't about being paid to stand around say eat the sandwiches this is about being paid to do things that you want to do that your talent your your your guests whatever you want to do the student athletes this is already down the road this is happening the federal government the NCAA will have to deal with this but the legislative cycle your stops April thirtieth and nothing's passed and nothing happens in Arkansas and all the student athletes in every higher education institution including the two of us here will now be a disadvantage because of we didn't go forward I commend to Matt in the Speaker for being on top of this and seeing what this says this is a chance for the state of Arkansas to create something for student athletes in higher education at every institution and every school that's your division one division two division three to give them the chance to decide what they want to do with their image their name in there like this whatever they want to do they can do there's governance in place and there's no more rules coming but right now there is nothing that's allowing this to happen and it's going to happen anyway it's already happening in six states so I am honored to be here today I am so excited for what's been created and hundred knight privately were saying this is the best one I've seen that protects everybody so I thank you for your time really thank you for letting me be here thank the Speaker. I will answer any questions you have my guess. I have one I usually don't have questions but I think of what I'm hearing is this is a lot to do with not losing our students to other colleges that would have this to offer them and we could lose students that would go for to go to another college just for that reason absolutely I think but whether you're the University of Arkansas at Fayetteville Arkansas state we want to put walls around our state ten keep the best talent for students in athletes within the confines of our institutions here and without this opportunity they may choose to go to an institution in the state of Florida that gives an opportunity to monetize their name image and likeness. We have some questions for the rest of our document thank you good chairman and a to vote to both of you I guess we understand the benefit of this in in the conduct but it competitive side allows us to stay on par to level the playing field is the Speaker said but the the other side of miss your check that you just mentioned the other side of the pillow which is pretty cool is that human element that can be taken advantage of and I know you have to have concerns very grave concerns of with that can be calm because we can open the floodgates to that to human decency taken place because without human DC then we have the example that you mentioned of the car dealer whatever it and using that as a tool and I'm just concerned as I'm sure you are in the NCAA and remember that you know is worried about this issue is what can we do if anything about that side of it because it's going to open up a real Pandora's box of of of innovative ideas of how they're going to capture it just won't take it to a whole other monetary level and I know you're aware of that but any any ideas or thoughts about that. I'd like to tell you what I know what I know is it's being discussed every moment if the NCAA and all kinds of different organizations inside organization. The integrity piece of this is critical but this is the right thing to do for student athletes for the first time in a hundred years to give them the opportunity to have the ability to to own their name image and likeness of whatever that means we can create enough barriers and a big enough fence to keep the darker side which could be possible out of our business I promise you that the athletic directors and I are United throughout the country all division one division two division three athletic directors conferences or asking the exact same question how do we keep the integrity of what is about to happen that's why national governance has to happen I believe when the when the division one council meets in may and throughout the summer they'll be national governments the problem is is that going to come in time before all this other stuff activates and all the other states that around this state so it's really pretty simple when it comes down to we have to be proactive we've written above the Speaker and Matt have written a bill that is the best I've seen at protecting the integrity of the State of Arkansas it's higher educational system and the student athletes here. There are always there's always been a liar it will be aware of it will be severe penalty put in play but I know for a fact that's what's going to happen. And we are working together with all of us to try to free way to keep the boundaries there. I don't the answer your question but that's why we're here today. I think the other piece of on our campus in Mr record mention it we we recently hired at the senior associate AD for athlete brand development and that person's sole role is to educate our student athletes regarding name image and likeness their name image and likeness educate them on agents educate them on cut some of the tracks we work with our Walton college of business to develop this educational programming our legal counsel will be a part of that I think it's a big piece is educating the student athletes and their parents about exactly what name image and likeness is what is a good name image and likeness agreement what does that look like to help them identify agents that operate above the board and have the best interest of those young men and women and not the best interests of the their wallets at heart and so the education process is going to be a big piece of this as well and we're going to devote resources and one of the reasons we ask that this not be become legislation until January the first of twenty twenty two is so that institutions across this state can develop their own educational programs at the university of Arkansas we've taken the lead on that and and we're willing to share those resources so that student athletes across this state regardless of the their level had that same educational opportunity. Representative Deffenbaugh you're recognized for a question. Thank you Mr chair of. I got a follow up also for So it let's let's say we send somebody out of Mississippi and so that it once he signs it Arkansas then our law if we passes are laws he's under our laws right I mean it as far as athletics that's correct okay so the or the same way of this somebody started out it to Missouri and want to transferred Arkansas they played a year Elgin bill or played one year now Mr whatever came to Arkansas they immediately be come under our guys correct okay then the last thing is so This this includes a division two in a I a junior college yes any college in Arkansas yes okay I like it thanks thank you. Got it all right. think that's all the questions of Speaker do you have Another. Not sure if. Also the biggest for last. A couple things to follow up on on some of the questions or ask Mr McQuay went back and looked at the at the agency statute an agent that that violates that section law it is either a Class say miss misdemeanor class B. felony so we have in Arkansas we have a very very very strong laws when it comes to agency representation and anybody that would run a file those particularly intensely right to file those would be looking at some serious criminal penalties the other thing that that we did in this bill is we require student athletes to make disclosure to the institution of any kind of contract they may enter into so that is going to provide us the ability to to have the institutions have dialogue and make sure that they're assisting that student athlete and that we're that they're being compliant with with all the various requirements that may be out there so I just want to follow up on represent Murdock questions. Right coach out of I think everyone knows you but if you just recognize yourself for the record and you're recognized to speak yes Sir Sampat men the head football coach universe are consult and honor to being funny and I can't I'm a lot more nervous right now then I would be if we were in front of the football team. You had some great questions that you know the questions that were asked today was exactly what we ask in our SEC head football coaches meaning exactly what they are concerned about how far can this go all these things but the bottom line is is that you know Florida has they have basically said there there are it's a go if you look around our surrounding states in Oklahoma and Missouri you know I think we're regional recruiting university in football and there's two five two problems there if if Oklahoma you know you I'm set in a home and I'm saying you know come to Arkansas all these different wonderful reasons to come to the university and they're over they're going to Oklahoma and they're gonna well Oklahoma says I'm going to have opportunities to. made money on my name likeness and image. I'm screwed I guess I'm I'm done at that point because it's not only because it's all about the illusion or the image of. I can make a million dollars out of high school going to this school because I'm going to be this big star you understand what I'm saying I don't know this bill's going to affect huge percentage of our athletes I think it's going to affect a small percentage of our athletes but. If if coach Molin from Florida is in our state and we're trying to keep this guy in our state and we don't have the same opportunities for that young man to come deliver a verse of Arkansas as a due to the university of Florida were in the recruiting disadvantage and we can't we can't I mean I'm asking that we do we don't allow that to happen and again these these bordering states are getting ready I believe to pass this bill and there are so many concerns just like what you're talking about about how far this is going to go I don't know. We have to do a good job of controlling it we have to do a good job of communicating with our kids And whomever's added into their life. But I do know if we don't do this that we're gonna be in big trouble recruiting. So that's really all I had to say about it. Coach Deffenbaugh you have occurred question. Thank you Mr chair just thought just hit me are you coach you thank you you all will target some of the states a little more a little more then. More for my trying to say the people that don't have this law are you gonna do you think you may target those states that don't have this law a little bit more than you normally would. That makes sense as soon as we pass it here we'll. Right right now I'm worried about of targeted us. no I mean absolutely I I Any type of recruited advantage you know we're going to we're going to take you for one hundred percent. Advantage of it yes Sir thank you thank. Representative McKenzie. Thank you Mr one thing that comes to mind so with floor to pass this it's like that first domino and it makes sense that other dominoes need to fall understand that competitive edge and I see that this just applies the student athlete does not include our high school students are we looking down the road at the first domino to fall with the in state with a high school student that this then we all find us leading and following the same tracks is that a concern. That so just to to address that I think that I think the issue is that this this issue has been forced to at the collegiate level with litigation and other actions to my knowledge. And Randy and and Matt have been very plug in I'm not aware of any type of of litigation or any kind of forcing the issue at the high school level you know I think that probably one of the things is because high school sports are governed state to state and you don't have the the competition necessary me up to some degree but shall have the competition across state lines it's largely just been left up to the governing bodies in those particular state so I mean I there's always I guess there's always be concerned that what does this lead to but to my knowledge and from my conversations there's been no discussion at the high school level and I think that I don't see that as being something that's in the foreseeable future. Of. Senomyx. Thank you Mr chairman coach Mike my question is for you and I'm definitely supportive of the the bill here and looking forward to voting for but I I would just ask that you would give us your assurances that as students take advantage of this and they start coming under this contract that in order for them to maintain their image they're gonna want more playing time and I would just ask for your reassurance to this committee that you're not going to you know have students who come to you and are you know begging you know play me play me playing for because I've got to keep up this contract that you're not going to allow that to influence your decision making. Of. There's a word called trust loan on our football team and I do what I say and I say what I mean and I do it and I'm not about to lose the trust of my football team for one guy. Not going to do it and so if he's earned the right to play's earned right to start no matter what is endorsements deals are it has that doesn't affect me it affects him financially but it doesn't affect me then he's not gonna play if you have to do it then that's what is going to do I'm not gonna lose my team over one guy or one endorsement deal awesome that's what I want to hear thank you Sir. Richard Murdoch. Yes again to the point that have mentioned before I I see the benefits of this but I also see and prefer the seat codes it meant that the the the the the the fences that they come down you are what we are possibly you will possibly be faced with represent Meeks just mentioned something I see the necessity of it is competition and whenever you make a decision legislation or otherwise because of just that primarily I know what we need to do it I know what. The other side can do give example coach by the coming at Arkansas presenting some that you cannot but I just think we're ahead of it I think when I say we're ahead of it I think that the compliance part of this is not ready and I just pray for you guys that have to deal with this because it's going to be a very very tough thing to deal with because of the this money side of it and how it can be used to S. deal as a tool to become a beating Wardlaw become all kinds of things that that we tried to prevent what's what's because Shepherd B. O. in you know will support it you know I'll support issues me but I just really pray that you guys you know for you in this because it's going to be very very tough to manage I'm sitting here thinking of all cat and I was in the in the a I've been in the business before I know how those people how things can be thought of creatively and now you've given a law that allows for to some degree so I understand why we have to do it but I just pray through it I grew of skews me I I I I agree with you a hundred percent I think hunter had the skews me Mr your check had the best. Survive he's my boss. About integrity and. We've got a trusted eighties higher athletic directors hired. Coaches with integrity and that we recruit kids with integrity and and because without it there's so many questions that you're going this state could be crazy it could be but so is recruiting now and and so. This is gonna be out in the open what's happening you know I mean there's going to be ages with these kids is gonna be education going on with that I think it's going to help us I do I think it will help the whole entire it's two double a with this even though I'd be lying to you if it's not there's not so much scary parts of it to be honest with you. Thank you. All right seeing no other questions. I think we're you don't have anything else to add. All right. Just would appreciate appreciate a motion to pass and for she had a good vote I think this is something where we're trying to be proactive for the For the student athletes here in the state of Arkansas for the institutions and I think there's been some very good questions asked this I mean all these questions really. These are all the questions and all the discussions have been taking place at a national level been taking place between Randy and myself and others and but I do feel like we have a bill that that does the job in that allows us that's what we needed to do but also provides a parameters to make sure that it's handled in a way that that student athletes parents institutions in the state as a whole can feel good about what the structure that we set up. All right we've had plenty of testimony for surgery everyone in the audience like to speak against the bill. Seeing none we have a motion I have a motion from represent of all and quite a few others do pass. a discussion on the motion seeing none all in favor say aye opposed no graduation Mr Speaker you have passed the bill and education thank you committee. Mr buster would you and take over from all. Thank you committee members but next we're gonna go to House Bill fourteen forty six representative ray you're welcome to go the in the table present your bill. Recognized to proceed okay thank you Mr chairman and thank you members of the committee I know every once you get to lunch at some point so I'll be brief and in my remarks but this is house bill fourteen forty six I appreciate the opportunity to present to you today for consideration this bill would amend the Arkansas succeed scholarship eligibility to allow for the children of military families to qualify for the scholarship. the Bill does ensure that priority will be given for those students who are current currently eligible that is students who were in foster care and those with an I EP however if funds are remaining then of course students a military families would be eligible to receive the scholarships this bill does not add any funding to the program so there's not a fiscal impact the succeed scholarship program as I'm sure all of you know was passed in twenty fifteen and since its launch in twenty sixteen it's been extremely successful the the parent satisfaction rate with the program is is ninety seven percent it the parents who have a child in the program eighty seven percent of them report an improvement in and their students grades and almost ninety two percent of report an improvement in their child's social development when I when I came up with the idea for this bill one of the things I was thinking about is especially for our for active duty military those folks don't really don't have much say in where they're deployed and and therefore where they where they get to live so they often don't have a lot of choices in terms of where their kids get to attend school. And over the past several years here in Arkansas we've worked hard to make our state as welcoming as possible for the men and women of our armed forces I know that our legislature has exempted the the active duty pay and the military retirement pay from the state income tax we've created a tuition benefit program for the members of our National Guard and we pass legislation to help with occupational license reciprocity for military spouses so those are all great things and and I view this bill is a natural extension of those efforts as we seek to make our state the absolute number one most welcoming place for the men and women of our armed forces to call home and with that be happy to take any questions. Representative got for you're recognized thank you Mr chair representative right I certainly appreciate your intention to be welcoming to military families I think that that spot on and noble I'm concerned here I guess about using this exceeds callers have to do that when that scholarship is really intended I'm kind of a narrow scope of students to students with special needs or with perhaps and social emotional needs as being in foster care and I'm just not sure that the the match up of students who are our children of military personnel have the same learning needs that are the intention of the sixty five dollars so I'm wondering if you can and you can speak about just the kind of the instructional benefits are purpose of the sixties dollars chip um and why you feel like it's a good match for children and of military personnel other than just to be welcoming to military families which I do think it's noble sure thank you representative for that question other folks brought that concern to me are that question to me early on when the bill was filed and so that's why amended the bill actually was to include some prioritization so because this program was intended originally when it was created for students with an IP I think it was it was amended to add and in it as subsequent session is amended to add in students in foster care and so I wanted to preserve the primary eligibility for those students so that's why I've included language as you'll see on not page three of the bill lines one through five that ensure that that will remain the same and so this will only come into effect if it if there is additional additional monies left to to allocate those scholarships thank you I appreciate the prioritization Act I think I just still continue to. It to be ex to the element concerned about expanding and when I do think that the purpose of that scholarship is pretty nearly together but I appreciate the amendment I appreciate that concerned but like I said we we preserve that eligibility for them so thank you. Represent Deffenbaugh. Thank you Mr chair let me read something to yeah and the first phone Sam very supportive of the military and I don't have any problem with that but I want to read something to you. And then I ask questions a coalition of more than twenty five organizations representing more than five point five million active and former members of U. S. military just told Congress it opposes legislation backed by education secretary Betsy devos that will allow military families to use public money for private school vouchers the military coalition sent a letter to house leaders saying H. R. five one nine nine called education savings accounts for military families act would divert critical revenue that goes to school districts and that's what we've been talking about all along here on this of the staff so what do you think about that. Well I would say that representative Deffenbaugh the the the military folks that I've talked to think this is a good idea and support the bill what I would point out is that this bill does not divert any funding anywhere that's why you see that the fiscal impact is zero on the bill and so the the money that is going to support the program currently would not be change in any way all we would do is say that if there are remaining funds that the students would be eligible for that follows recognized for follow up okay so have. So how many more students do you want enrolled in sixty. Then there's already in there I mean or what let me let me just say this first out of the last year out of five thousand sixteen students fifty two AM were dismissed that's that's a pretty high percentage you know if you compare that public schools what what do you mean they were dismissed they were let go like check the. Shown to them yeah just let him within for some for whatever reason they were measured up or they problem you know disciplinary problems I don't know all the reasons that I know that's what I I know that's what exactly what happened I know there's fifty two and they were dismissed so how many more scholarships are we looking at maybe I missed it may be said yeah yeah this is this would not increase the number of scholarships because the number of scholarships is determined by the amount of funding in this bill doesn't change the amount of funding okay thanks. Representative speaks you're recognized for a question. Thank you Mr chair. With some of the things that I was going to say it's already been sent I really I respect the military very much respect the families that are left behind but I think this is really overstepping it do what it we intended that to be done to. Well I wasn't here in twenty fifteen when the program passed so I can't speak to the original intent but what I can speak to is the fact that the program has been a great success as evidenced by the extremely high levels of satisfaction from parents who participated as evidenced by the improvement that parents report seeing and in the student's academic performance and and their social development those are important things and so at. I am explicitly preserving the original intent of the program in this bill I wanted to as soon as that was brought to brought to my attention I wanted to make sure that that was the case so that's why you see that language on page three and lines two through five so you know as this would this would simply allow for if there are remaining funds for for the students of military families to receive it'd to receive eligibility for that sout. Thank you representative fight you're recognized. Thank you Mr chair. We ask a lot of our military families especially the children they may be changing schools mid term or even sometime during the school year. They may be changing schools more than more than two times during the school year just depending on circumstances do you feel that to having the opportunity to find a school that best fits the need a particular a particular military child would be very beneficial to that child into that family. I do I do think that would be beneficial and I think you raise a great point military families don't always get to control where their station they don't always get to control where they live you know it they they may face other obstacles because you know spouses are moving and trying to obtain a job they have a a license in their profession that they're trying to transfer to the state there's all sorts of obstacles that military families face that it don't always occur to us and so that's what I'm intending to help with this bill is to just make their life better and make their life easier is they're trying to educate their children. Represent Cozart. Russell ray as you know we have a lot of military families in Arkansas I believe if I heard something the other day about five million three million or some we have a lot I'm not sure exactly so that could flood this market really quick on this and and I succeed scholarship that we set up was never ever set up for military families it was for kids with IT peas and as special needs so I think if we if we this is just my thoughts on nobody prompted me to say these things I just been in this. Here for too long probably but when we start putting others in the market and and even when we did it last time for the group that we we added will represent Hammer in the bill for our foster kids you know we kind of put a little bit extra there that wasn't really what that was intended to do now we had military in their and we get to the market full or the slots awful than that we need some other for the for the other kids that was originally intended for I think we're making a mistake that is my opinion that has nothing to I'm not saying for anybody else or anyone else but that's just my opinion okay well I'll address that I mean there's and I appreciate those concerns You know there's a there's only three million people in the state so I I know for a fact we don't have three million military families and I'm sorry I did speak about what I mean but it was a I think it was five hundred thousand I'm sorry okay all right well yeah I I know that the number of of active duty military and our state is just over three thousand. the number of national guardsmen that we have is it is between eight and nine thousand so it's it's it's not an overwhelming number of people that we're talking about that would that would even be eligible for this but I make two quick points on this because I don't want to take up your whole morning one. Is that the program is called the Arkansas succeed scholarship and it is set up to help the children who participate in the program succeed and it is doing that. And. It's doing that by all available evidence and so all this bill does is say that if there are remaining funds we can help additional children succeed. And the second point I would make is that because of the language that I've included in the bill that prioritizes the current recipients we do not in any way shape form or fashion jeopardize those who are currently in the program and and received and received a scholarship. Representative brown you're recognized for a question. Thank you Mr chair Representative right Having been a military. Dependent. My entire education. I can attest to the special needs of some of those military students because you might the student might be attending a. A. Department of them whatever the. The ones that the schools have overseas and those schools are very advanced to be able to prepare students to attend whatever school they might return to when they get to the state's student might have to change schools in middle school year so they might be studying Spanish from a conversational standpoint the school the transfer would be approaching it from a grammatical standpoint they might be in a more advanced math class where they are in return go to a state that doesn't offer that so I see those as special needs. not only are the students socially disrupted but their education is disrupted and. Is this. Opportunity for those students designed to address some of those challenges that they might face when their fathers transferred and they don't. Yeah you know they don't know what kind of school they're going to yeah representative brown you raise an excellent point in support of the bill and I agree with that a hundred percent thank you. Representative Brett you're recognized. Thank you. It in there a pretty significant waiting list I mean I'm like a hundred and ten thirty on a waiting list so all those would have to be fulfilled in the in the existing program before any of these military children to they're gonna be pretty far down the list are thank there is a waiting list it's I believe it's between a hundred and a hundred and fifty students that's on that waiting list so that this would provide that you know if additional funding became available for the program at some point in the future and those the children of military families wanted to apply they would be eligible for the program okay thank you. See no more questions we have. Under my command is signed up to speak against the bill. I'm asking not. Identify yourself for the record and you're free to speak. All right doctor my commanders with the administrator sociais Haitian so little bit of history going back to twenty fifteen course I was at the department at that time but I remember this conversation well as it relates to the succeed scholarship administrators by large didn't oppose this program because it was specific to Students with disabilities and but you know overall one of the concerns were you know this program as it starts out you know really was specific to a group of students that had special needs and the concern is always been over time how is that going to expand more money being put into the program additional categories of students and we've seen that by and large play out you know we're we're very supportive and understand the the needs of military families and and are supportive of that and if you do look at the original language there is an exemption there for military families that don't have to attend public school for one year they're allowed to if they qualify for the program to their disability status we have taken away the or in the process of taking away the IP requirements for the students and I think overall you know this is one of those things where we don't have to speculate we have data to kind of go along with with with how the program's been performing overtime you know overall some of the items that if you look at the bill our report that was released March first of twenty twenty it makes it clear that kind of the concerns that we've expressed along with these type of scholarship programs is persistent the data shows that of the students that are participating the succeed scholarship currently about seventy eight percent of those or Caucasian students which is a lot higher than what the typical student pattern is in our districts in Arkansas in addition to that when you look at free reduced lunch status of those that are reported seventeen percent of those qualify for free or reduced lunch and so looking at that data you know does raise some questions and concerns about what types of students are being pulled out of the public school districts in addition to that further expansion of this program what those that what those numbers would look like. And then lastly some of the some of the other things that are listed in the bill are report related to reasons why I think representative Deffenbaugh mentioned dismissed over fifty two students Fite of the five hundred currently participate in the program some of the reasons given were couldn't afford tuition and you know that's a big question for us if they're getting a scholarship wire they're concerned about being able to afford tuition in addition to that at having trouble with transportation and so. Those are some things that resonate with us in terms of how these how these programs are being set up and and you know what kind of limits there are for all students in and not just necessarily certain subset of students so that. Thank you representative back you're recognized. Thank you Mr chair of. I probably didn't catch everything since I apologize if I missed something what is your concern with the program as it exists now because you said you did say that it seems to have been a number of the majority of white students I would think that allowing military families which traditionally are very that group is very balanced what would actually help that that and these so I guess my my concern is a is your because yours. Your concerns seem to be more with the program as it exists now than it would be allowing the military to get involved I think our concerns are overall which I stated as we weren't opposed when it was originally incepted in twenty fifteen but as that program's been expanded over time and then with this bill would continue to expand that the data shows that it raises some concerns about what direction this program is going in and so are our overall position to be to the further expansion of the program without looking at the data to make sure that what the original intent was which was helping students with disabilities is held to as tightly as possible just a quick follow up to. Inside recognize so so you're you're you're really get your concern is the expansion of the program not necessarily the program itself or put in the military necessary to. Something while the military being allowed to to participate just that by allowing them to participate it would expand the program is that correct yes and and it just would you know make the comment about really review in the data in the bill are reports as reported to see if there are other things that need to be remedied within the program. More questions for doctor net is. C. nine thank you for your testimony Sir no one signed up to speak for the bill but will check with the audience anyone's anyone here to speak for the bill. Against the bill. Say No representative ray you're recognized close your bill. Okay thank you Mr I'll just say a couple of things in closing when I filed the bill I did receive some comments from Mr Hernandez and that's actually why I amended the bill because of some of his concerns and I feel like I've made the bill better as a result of amending it he made the statement about the percentage of of Caucasian students in the program I'm not even sure how they would know that since races not asked on the application but I will say that opening make making children of military families eligible for the succeed scholarship would alleviate the concerns about the program being demographically homogeneous if anybody knows anything about our military they know that our military looks like America our military is made up of people from every walk of life from every race creed color and faith that I can imagine and so I can't imagine why that would be a concern you know he talked about the worrying about the income levels of of people in our military I mean I don't. I don't think that's that big of a concern most people that I know in the military or are earning a fairly modest living doing their best to serve and protect our country and so I think this is a great bill and I appreciate your time and attention to it this morning and would be honored to have a motion and a favorable vote today thank you. Representative race close for his bills the comments from the Committee. motion from representative Womack. A discussion on the motion. The motion to pass no discussion will vote on the motion all those in favor the motion say aye. Opposed nay. Is have graduation bills pass thank you. Got a the one two we got hands. Representative makes R. I. representative love. No representive Murdock. No representative Deffenbaugh. No representative Lowery representative Lowery. Representative Womack. Yes representative Bragg yes representative fight. Yes representative back. Yes representative speaks. No representative brown. Yes representative Vaught. Yes representative Maddox. Representative Maddox. Representative Hollowell. Yes. Senator Johnson. Representative Johnson yes yes representative McKenzie. Yes representative that free. No. Representive Smith. No. President of eleven yes yes. What's their graduation pastor bill thank you Mr chairman thank you Committee. Thank you. Yes representative board you're recognized for a very quick bill. The lady's Jill of the the order of procedure right now we've got some testimony for representative Womack's bill to quite a bit of people here today so we'll make sure we get that bill and and represent Gazaway we'll be right after representative board and so that's what that's the order we will hear those in we will hear those before we leave. Russia Boyd you're recognized thank you Mr chair I'll make this bill as quickly as possible this is a the way the bill is is very simple what it does you know it is a little little more complex. UAMS college of medicine Arkansas is the only state that has a publicly funded medical school that dictates enrollment by congressional districts so basically the legislatures micromanaging House students or a minute it made it to the U. M. S. college of medicine and it's only the college of medicine it doesn't affect the other colleges within you M. S. and so what that does if you look at your your sheet there's a lot more interesting going to UAMS college of medicine from the second congressional district and so what that means is. When there's more competition the M. cat scores is a look when you look at him cat scores by percentile are higher out of the second district followed by the third district followed by the First district followed by the fourth district so roughly you know half of the people in each of the congressional districts that applied accepted but what happens is the the impasse for the medical college admissions test tends to be higher where there's more competition so what I'm saying is in our hands and is in our cans and whether they live in Little Rock or whether they live in Jonesborough or whether they live in Lake Village and all our cans and should be treated equally not have the same level of access and we should be admitting the best to are the best as defined by the admissions board for you M. S. college of medicine because they can still restrict things geographically and look at that and if they have a diverse admissions board they're going to be considering things like that so as I understand it just a very brief history and I don't remember the representatives names but predecessor Michelle gray had was a powerful joint budget chair back in the day and he and the the dean of the college of medicine had a disagreement in this legislation was the result of that disagreement is the way I understand it so that's really all I have to say I'm happy to do my best to answer any questions. Seeing no questions. Rosa got free you always have a question. Thank you Mr chair representative that Boyd I I'm not opposed to not you know I'm in district three and see that's one of the higher applicant numbers but I guess they do I wonder if there is benefit of having geographic or regional diversity especially as we're thinking about some of these medically under served regions ever say we've we've heard a lot of this committee just the need to and have. Have healthcare providers in all portion number say in that extend to go back to where they're from and I'm just wondering if you considered that if if there is kind of the value of having that regional diversity and and they be there for athletic or or other diversity that is valuable that should be considered in the admissions process representative Godfrey that is a wonderful question and I have considered all of those things just just to clarify so first of all when you go to medical school it's less about going where you got a minute cool school where it came from but more about where you do your residency and a fellowship that dictates where you decide to stay in practice so we gotta get rid moved past the mindset of you know I grew up here so I'm probably coming back here to practice medicine statistically it's more likely around that that's what's so important that we invest in our what is formally known as are a heck area health education centers you have a couple of them in Northwest Arkansas we don't funded the one in the delta like we should and I think we should look at that that's not what I'm doing here today but I think that that is an important issue the second thing is I think we should look at all of those things but I don't think we the legislature should micromanage it I think that it should be micro managed or managed at the college level and let them figure out they have an admissions board they decide who's on the admissions board and then admissions board is diverse whether geographic or ethnic or racial or. Educational whatever issue they have that in they can better decide rather than the legislature saying here's a one size fits all for this class every single time they admit a class so I hope that answers your question I think we have the same goals I just don't think that the state legislature should be the micromanager here thank you thank you Mr. Seeing no other questions. city won the audience like to speak for against the bill. For the bill. Would you like close for you bill. Sir I have Mister I am close for the bill and I'd appreciate someone give me a do pass motion thank you I have four five do pass motions okay. Of the representative Beck was the first one I've seen so there any discussion on the motion. Seeing none all in favor say aye opposed no graduations your pastor bill thank you reserve Gazaway you have a couple of hopefully short quick bills. That would be Fifteen ninety one will be your first bills are correct. That's correct thank you Mr. And in sixteen ten after that okay. Thank you Mr chairman thank you Committee fifteen ninety one is a simple bill simply makes an exception to the teacher fair dismissal lack to allow the superintendent to communicate with a school resource officer about the reason why a teacher was terminated if that reason has to do with the student's safety or campus security you know with this came from an issue that happened in my district where there was a teacher who was terminated because of some involvement with the student and there was rumors going around the school about what happened but the superintendent can tell the school resource officer and I think the teacher was coming back on the campus and that was one of the things the end of the school after that incident happened the school resource officer really felt like that he needed to be informed especially if that teacher might would have tried to communicate with that student further and then of course we see all kinds of incidents where a teacher's mad they're disgruntled they've been terminated or suspended and so this bill deals with termination and suspension but if you have either one of those that the superintendent may they don't have to so it's discretionary and the bill puts a limitation and that to the to the extent that they communicate the details related to the termination or suspension it should be the least amount necessary to inform the school resource officer that there is an issue related to student safety years or campus security and so that's what the bill does I think it's a good common sense bill and I'm happy to answer any questions any questions Richmond got free. Thank you Mr chair thank you represent Gazaway I think the it the bill is is good focused on and safety and security I I do just wanna make sure I understand that the that you know the district may notify the SRO in any instance of termination or suspension is that correct. I believe that is correct they may notify the school resource officer if there's a termination recommendation they may notify the school resource officer if there's a suspension and we're talking about the SRO to the school campus where the teacher is employed where they were terminated or suspended follow up please. You're recognized thank you and so then it's that you know that kind of limited information about the details of the suspension only in the instance of a safety or security threat that's great but but they can S. R. O. can be notified for any teacher for any suspension or for any termination. Well the way I the way the bill was intended was to be they shall not disclose any additional details regarding the suspension of the termination But less in their discretion but I believe that there are risks to campus security or student safety so again I think it's very limited and narrow meant to be only in those circumstances thank you. Richard brown you're recognized. Thank you Mr chair at I don't even know if this is a real concern but I know like in major corporations when they let somebody go or even but not necessarily major corporations when they let somebody go. They generally of somebody within the company observers that individual may be clearing out their desk or you know clearing out their locker and escorts them out the building to make sure that there's no theft or vandalism or any further or any kind of retaliation that takes place while that person is exiting. So. Would with this legislation addresses that kind of concern I mean I could imagine that the. School resource officer you know if they were where would be you know paying attention to that kind of eventuality. I would hope so I don't know that particular concerns addressed specifically in this bill but that that's what we're trying to address generally is that the right people at the school Noel and they know what to be looking for when they're leaving and in the instance that they might come back or if there's anyone in particular at the school that they need to be aware of that that teacher may try to communicate with other contact OR if there's just a threat generally to the entire school campus you know which could be the case in some circumstances so that's what is meant to address but I don't know that we specifically talk about you know seeing somebody out the door. But that would be at the discretion of follow up you're recognized that would be at the discretion of the administration certainly thank you any other questions. Seeing none. did you have anybody to testify against this of for for this okay no it is there anyone in the it It I don't we don't have anybody signed up for or against the one the audience like speak against the bill or the bill. We like close rebuilt thank you Mr chairman I'm closed I'm not a member of this committee but I'd appreciate a good vote. Reserve bank do pass a motion to pass represent back any discussion on the motion seeing none all in favor say aye. All opposed no resolution you passed your bill all right the thank you Mr chairman sixteen ten. We have an amendment to that bill so hold on we're going to pass up amendment. Motion. That's one of those is a Womack the is this is this for his Womack. Okay this for fifty a okay. The motion. The motion. I have a motion to adopt the amendment. All those in favor say aye. He opposed. All right you're recognized two present as amended thank you Mr chair up colleagues this bill deals with the use of restraint and seclusion in our schools this is primarily an issue that affects disabled students in our schools I would say if you know if there's any part of the student population that's affected by the use of restraint and seclusion is typically the students with disabilities and the Department of that has guidance policy in effect right now on the use of restraint seclusion and so what this bill does is it just codifies that guidance policy and what you'll see in the amendment is there were some language in there that indicated that there should be training about restraint and seclusion or the use of restraint seclusion and some of that in some of that language said shall and so the amendment says may and it makes all of that training discretionary that the only questions that I got about this bill has been filed for weeks now the questions that I got about the bill or if there's mandatory training how will be paid for and so you know just to resolve that concern we took the we took that element out we just said they may give training on that they're not required to but this is an issue that we see in our schools you know to the extent that it it doesn't have to be used it shouldn't be used it's it's really harmful for children there's a lot of research on that and so again this is already this language is existing guidance and so we're just codifying that guidance. With that I'm happy to answer any questions also have a witness here who actually can probably explain more the details of the bill and so but the chairs permission I'd ask that she be allowed to join me at the end of the table. She may. If you would just state your name and who you're with you're recognized to speak. The name's heather Schrader and I'm an advocate Northeast Arkansas for children and adults with disabilities. Last Mr out by understand was there was a question just for questions okay. we always got one for the this lady we're. I pick or a little bit we have more thank you Mr what we got for that Charlene Fite. Thank you at represented as a this bill is very important I'm and grateful that you brought it I think it's important to codify it and the one thing that I've noticed that it's missing I'm kind of throughout the bill is any kind of requirement for training or or and acknowledgement of the role of racial bias in the way we discipline students I think you're exactly right that students with disabilities are disproportionately targeted disciplinary leave but also students of color are as well some just wanting if you've considered at the role of a racial bias and and thought about including that as the apartment element in this conversation. The dress that short. So the language in the bill sets forth all students it's didn't just pertain to students with disabilities it it really it includes all students that may be subject to restraint and a part of this bill and why it's important that we enforces guidelines from the Department education is because there are students of different races that could be disproportionately affected by restraint and we don't know how often or how many until we implement these guidelines and we can get that data rolling so with this bill it would require whenever a student is restrained or secluded that the school district document who is being restrained the report to the parents and their report to the department education so that we have good willing data on which students not just students with disabilities that are being restrained and secluded in Arkansas schools thank you so much I appreciate that reporting requirement I think that'll be good to look at to see if we see trends among racial lines that thank you for including that one follows Mr if you don't mind. And the part about fiscal restraint I'm certainly in favor of an edge but just looking at the definition I've worked in a lot of elementary schools were sometimes we have kids who are runners who you know their new school and perhaps even you know new to new to culture into today's state it's a little bit nervous or orders startled and and well and and so there's instances you know we're teachers will have to according to the definition this bill physically rich restraint a small child from running running out the door running you know into an unsafe situation isn't I'm just wondering if there's a conflict with kind of a a leading catch of a runner and and the fiscal restraint there that's a really good question and for that reason because there are runners and there are and soft appropriate ways to redirect and to escort children so there is escort language in here to protect those specific situations if the child needs to be softly guided by the arm skews me those that language is here kind of setting forth the definition of that that restraint thank you and I'm sorry I missed that thank you Mr president what you're recognized. Thank you Mister chair I would really like to hear from someone from the department of add on this because during all the years that I worked in special ed which that twenty five plus years we have instances where kids are going to hurt themselves or hurt other people and for their protection the protection of others they have to be isolated they have to be restrained so I'd I'd like to have an apartment that on this. All right with one part of it that can answer questions and let me just say I think that's a good question so while they're making their way up here just my brief responses the bill doesn't prohibit the use of restraint seclusion and can still be used when appropriate but again there's already guidance on this that is from the department of ed this is just codified it codifying the guidance that's already in existence which includes the ability to use when appropriate restraint seclusion as you've noted which sometimes is certainly appropriate. You still want to hear from okay let me come up. Cortisol is for department of education. Did you have a specific question. That was my specific question there we all know there instead I think all of us know there are instances when a child is going to hurt himself herself or someone else and they have to be restrained they have to be isolated until the situation is resolved so I just wanted to be sure that we're not in any way hampering our teachers in their efforts to keep everybody safe fiscal situation so I think as at representative Gazaway pointed out and. It's R. A. and she pointed out you there there's definitions that distinguish between a restraint and an escort and currently some school districts choose to have different training programs provided to their staff and CPI handle with care you know different ones to show them how to appropriately stop a child from harming themselves without doing what is defined as an actual physical restraint so that they can keep the child from harming themselves or others but not doing things like tying them to a chair or in a restraining them in such a way that would restrict their breathing so it's it's a very fine line but I don't think that the bill prohibits a school district from doing what it needs to do to safely. Keep a child from harming themselves or others. All right. Make sure recognized. Thank you in and. The. Part of that may be the better one to answer this but also down there to the end of the table who are want stuff to catch it can catch it I've had the situations and more than one school where they were behavioral issues with students and there was concern of of potential violence and the students or under IT peas and of course that brings a whole host of federal guidelines in the concerns from the superintendents and principals and administrators I spoke with was they were limited in how they could react to these potentially dangerous situations because the federal government would not allow them to take steps that it sounds like this bill provides are you familiar with that situation and how. They might this bill. Could you. Set forth which steps that there had been prohibited from taking in order to gain control well as I understand it students with IEPs are not allowed to do certain restraining or isolating things like that and the lawyer with AB were props are misplaced her name but you probably know that a lot better now but I just know the concern for the principal and some of the teachers I've spoken to that deal with some students that have the IDPs is that they are severely limited by the federal government on what they can do. In a dangerous situation and I didn't know if this might help address some of that then I have a follow up Mr so it court and sells for department education there's nothing to my knowledge and ID EA that restricts the school district in the federal guidance that was put out in two thousand and thirteen which and led to this state guidance in two thousand and fourteen and it does say in there that we don't recommend that they put the use of restraint in an IEP or five oh four as a planned behavioral intervention because again that's not set a restraint and escort a hold should be more of an emergency situation to stop them from harming themselves not a planned way to correct or discipline a student. in my follow up. I had a situation. There was some are still with an IP and because of a behavioral issue the student was restraint the parent was called in the parent came in to the school and was observing the child's behavior to see if they can get an understanding of what was triggering the the bad behavior that was causing the need for the restraint and of the parent was told that they had to leave the promising was actually threatened with arrest. For being on campus trying to help figure out what was going on I don't know this bill specifically addresses that but that does raise a concern when and I know you didn't do it so I don't know that I miss that it what is the does this address that or what is the department's position on having a parent arrested for trying to. Find these disciplinary actions or being involved in you know when a child is restraint so this bill does not address that and that would be dependent on a local school district's policy so they should have policies addressing and parent visitors on campus observation in classrooms observation of their student and so that would dictate whether that parent was permissible you there student districts of course have the responsibility and authority to control who is an and on their campus so that would be a local decision okay thank you thank you Mr. Any other questions I have a follow up so. Sorry. Assisting you could answer questions I'm sorry I'm I'm new here I know I know we all we're trying to get to lunch it seems like always catch you guys right before lunch so I just basically want to say that this this isn't really changing as much as it's trying to circumvent and and stop the excessive use of restraint and seclusion because it isn't really regulated and isn't reported and what we're saying is is kids being restrained for minor behavioral infractions whenever restraint is supposed to be reserved for crisis intervention whatever a student is is a danger to themselves or someone else so that's that's kind of and the overall goal of this this bill here. All right seeing no other questions. We have of anyone in the audience that would like to speak against the bill. For the bill. It's like close for your bill. I would thank you Mr chair thank you committee just to kind of summarize again this does not prohibit the use of restraint seclusion schools when it's appropriate when it's necessary this is simply codifying guidance that the Department of it already has in place that most schools are already following but we want to make sure that you know we wanna put it in code we want to make sure that schools are doing that they need the training doesn't make it mandatory but they may provide that training as necessary again which was the only objection I've heard to it. And again we're talking about excessive use of restraints time kids to chair's locking kids in closets I mean people should be doing that sort of thing and so it puts in code that they shouldn't which again is already the guidance and so with that Again I'm not on the committee so I can't make a motion but I'd appreciate a good vote zero five I have a motion do pass representative back. A discussion on the motion. As amended so right resentment. Right. No discussion all in favor say aye. What what a minute. Education okay we'll public lotion. Thank you Mr January so um. I just wanted to I didn't have any questions during discussion period I've heard a lot of feedback from constituents and as usual it's my fault because I'm I'm always tending to the fire burning closest to my face I under this bill's been out there should I got folk center but I have represented Gazaway if I could visit with you online about some specific questions that have the ability to control Being a parent and in the committee the amendments may address some of the questions but I think right now that the feedback I got from folks as well being though is a lot of like most of it I have concerns with some broad language chair and some other concerns Simoneau right now just make an explanation but I do want to visit with with representative Gath Gazaway after thank you. Any other discussion. Seeing none all in favor say aye. He opposed no. seven resolution pressure bill thank you Mr chairman thank you Committee Richard Womack. Russia will occur you pleasure all. Fourteen of them to speak just asking. I guess. Okay all right well what will present that committee health kind of go over that list we do have some information to pass out for this so we have an amendment on this bill. Representive all of your questions can I make go ahead make a motion for whenever we get into them limit debate are limit each one testimony yes H. testimony to two minutes you can make the most is not debatable. All in favor say aye. He opposed no all right we do have an amendment. On this bill just changes a. Or to an end. The motion have motion representative back to accept this amendment. All in favor say aye. He opposed no all right you're recognized to present this as amended thank you Mr chairman committee for your committee today as you just heard we have quite a few people here that the law would like to talk about this bill and it's going to be very difficult for me to. Talk about it and not become emotional talk about it the others a lot of history with this bill so I'm gonna try just going to give you fifty thousand foot view what this does and then be happy to answer questions so a little bit of history I have a school district in my district that was consolidated a long time ago and for a lack of better verbiage is just not been a good union there's quite a bit of things that have happened in animosity an to the point that one school district the the receiving district was going to close the received a district and the state board of education overturned that because it was so much evidence that. You know something just wasn't right so after that meeting Senator Malick and myself who at that time represented that district went to work because we were told that there's just nothing in law there there there's just not a pathway to kind under this union and so we went to work immediately and this is where we're at today so what what you have before you is a pretty simple short bill that that does not mandate anything happens it just provides that pathway for a for the union to be undone and then the school district join with the no other contiguous district that wants to accept that district so there's you know this does not mandate anything it just it just makes it where. In an event like this whether it's just a bad union that's that's verifiable there's a way to to make the situation better. So with that I'd be happy to answer any questions Richard Womack is there an option for of. Department to petition the state board for that to change are not currently the way I understand it okay this question the I mean the honestly that's what we're here that's what this bill does. All right the resentment you're recognized. ACT two questions over a quick first office anybody opposed to this. but you know of there's no there's been no official opposition to my knowledge. Okay and then the for my follow up is this creates a pathway to go from one district to another as our pathway if the district you know the population grew where the district could re constitute itself as a third option not in this bill is not addressed in this bill Nelson okay thank you. Any other questions. All right so seeing that I do have I do have opposition I'm sorry I didn't see that one but I will for school you for the against since we're down to our testimony is gone so I believe the Department of it has a testimony they'd like to present could you send someone up on the. Good morning Lori Fran Arkansas department of education. Mister chair upon the consolidation exhibition of the school district the affected district as it was called initially it does not exist any longer there's only one school district at that point and from a practical perspective on winding and annexation consolidation. Even if people that might just be closer sure I'm sorry. Unwinding and annexation or consolidation. Especially one that could be around twenty years old and the Sparkman one was from two thousand four so it's been in effect for some time that could be an administrative nightmare from the perspective of debts assets things having to be separated like that human capital. And also this bill. There already is a procedure that is in effect if a contiguous school district wants to take in the would want to take in a part of harmony Grove which is what Sparkman as a part of now and that's a boundary change their the it would be the continuous district school board would have to make a petition to the state board to to take that action and and ask for a boundary change. Reservoir. Thank you Mr chair I know that Sparkman has reached out to you all several several times for guidance on the **** and they don't seem to get any guidance ever whenever they call the department I'm a big department person but this is something that I have also been working on for about a year now I think I join this little center about a year ago and I know that they have continually called for some kind of direction and don't seem to get it whenever they call there so if there is a way why are we just hearing about this one happened shall already told representative law mac about this so it could be addressed. I believe secretary KSO Kentucky department education with respect represented Vaught that's just not true we have been very. Try to be as helpful as we could within the bounds of the law and when the patrons have called us we have told them and we tell them what to what mystery no I said is it takes. One it would take an agreement of both districts or they would have to come one would it would be a adversarial a petition to the state board so which district would it be would it be garden would be you know one of the other Arkadelphia we which one would it be well I mean we can't tell them which district is their best fit that's not our role so so I would just say that. It and we have worked with a number of the folks down there met with them and have advised them on options that they have that was what resulted in when harmony Grove came the petition to oppose that campus that R. State Board heard their testimony we gave them. Many opportunities to provide testimony they made their case and then made a compelling case and at that point the state board said. We're not going to Ratify this disclosure action by the local board. All it plays. So after the state board may that direction have you all followed up to make sure that the other school district was treating Sparkman with Trying to think of the right word to use here with respect to the fact that they're still a part of that school district or are you still receiving complaints as to There are adventure together. We have a special recently I think of the the filing of of this well I'll say this session being in going on has is triggered some additional calls but have we had ongoing follow ups with the doctor schmo in the superintendent they're not we haven't that simply. We didn't we don't see that as our role there's nothing that and statute that that ask us to make sure that. Those are all in district local decisions that within the realm of that board in that administration. I get out for now. That's. All right. Representative makes. So so my question this is an outsider looking and I know nothing about this conflict whatsoever representative Womack is bringing us a solution a pathway for a potential resolution to this conflict but what you're saying is this is not needed that there's already a pathway. There's there is a it is not a pathway that directly impact it's a pathway that is much broader is a pathway that is is there for A wide range of of potential issues where boards might need to have boundary changes it is a general authority of the state board regarding boundary changes of what this specific it's does situation though involves a a prior consolidation I believe under Act sixty and two thousand three I believe. Two thousand four thank you the. I should remember the longest special session in the history of the state of Arkansas that that was but the the difference here is that they're wanting to unwind a that type of consolidation and mystery no was was accurate there are a number of issues and that come about with that and the fact that This would could have implications for other situations around the state where an access to consolidation took place of for instance you know in another district that has a campus that at some point time you know there may be some disagreements over a closure or actions there so I and I have talked to representative will make several times about this issue of and and I've I've repeatedly said look you know if if you get language we help you get language ever whatever happens here we we empathize with the patrons there Sparkman I mean we we know that they are working very hard to to make this work But you know just because of the statewide implications that this type of legislation could have we would not be able to support it. All right thank you. Reserve all you're recognized thank you Sir so do both schools have to agree on the rewind. Or do they just have to petition you. We're talking about district districts so I'll let Mr Greenough talk about that process. Laurie Freneau I'm representative as far as whether there has to be if they have to be an agreement if they are in agreement they filed a joint petition before the state board and these it would be the two districts harmony Grove and the District of using this as an example harmony Grove and the district wanted to take in that school however if harmony Grove was not interested in doing that still the district that is a it would be interested in taking over into that that school into it's you know district boundaries could file a petition on its own at that point the state board has to make a determination as to what is in the best interests of all and whether it would have any negative effect on desegregation I have a follow up place so at I know we have a number of isolated schools in our state do you know how many it is yes we have fourteen isolated schools and of those fourteen I'm sorry. Of those fourteen how many of those are under an umbrella of another school. I I cannot answer that I'm sorry okay. I don't I'm not sure the answer that either There are a number I mean I'll give an example there are Ozark mountain in north Arkansas it's. Three separate K. twelve campuses right now and I think they are on the list for some of the isolated so you have a number of different situations around of of the state the the other in another reason representive ought to your point miss France response. You we have not been approached by another district okay so so we have not had any enquiries official official inquiries from a superintendent or board about this so you know that's another limiting factor for us that if if there was a district that was interested in came and asked us what's the process and we would be able to give them that information thank you. Any other questions. Seeing none. We have a quite a few people signed up for the for. And I'm not sure but I think they're probably all of the other room. S. the first up if you can hear me in the waiting room over there Ashley Walker. Sparkman school as for the bill. And then next up would be Bradley Harmon. So actually if you would take that seat Bradley is that you by a I'm I'm Clint Walker okay you both thank you would just go incident yes yes that'll be fine thank you C. L. I. see right down below there yes Sir thank you all right you please both of you state your name and who you're with the you're recognized to speak for the bill I'm actually Walker was apartment schools. Okay with you will do it yes Sir I'm Clint Walker for sparkles okay you are recognized to speak you have two minutes of each so at this time you're recognized for the give you all four minutes total okay my name is Ashley Walker as I already mentioned and I currently have two daughters enrolled in Sparkman elementary and they're six and eight and now as a parent one of my biggest concerns is that they will end up in a combined class now if our district superintendent has his way in August my oldest daughter will be put in a combined class our student enrollment on the Sparkman campus increased by thirteen percent this year despite the pandemic but even so after showing growth that our district superintendent he's recommending that there be staff cuts in the elementary and the high school any plans to combine multiple grade levels to compensate for those cuts now I know that the definition of adequate can be disputed but I urge you to see that combining grade levels with only one teacher teaching multiple grades isn't it in no way meets the requirements of a free and appropriate public education I went to school and I'm higher Arkansas. I'm not by home plate but kindergarten through twelfth grade I graduated there and I had ten people in my graduating class now a couple years after me they graduated two people in a class so it was a boy and a girl now they haven't grown much in numbers since then enrollment currently being less than one hundred students but they have consolidated with wicks is eighteen miles down the road and they are still allowed to have their sports program which apartment and they took that away from Sparkman two or three years ago but to me this union between what's that I'm sorry it just demonstrates that a campus with a healthy relationship with its parent district can be provided with all the necessary components that allows even a smaller campus to thrive there is not always an equal opportunity and we're not even asking for equal opportunity at this point we're asking for a fair opportunity but we need your help We need our school and our community for small rural schools are the hearts of their communities we also need to be part of a district that values our community our faculty or staff and most importantly our students so I ask that you would please vote for house bill seventeen fifty thank you all right you have two minutes left yes my name's Clint Walker You will be hearing a lot from Department District and you know I just wanna emphasize here that. This is a really apartment bill you know there's a lot of rule communities and that are that are gonna be having difficulty with these issues to come and a these are all small rule communities in impoverished areas that are that are having the difficulty in I guess the most alarming statistic we've been debating for this for about two years is that you know reputable financial adviser from the education office in little rock or somewhere it right up here he said that in the next ten to fifteen years there will be seventy five more schools to close in on an Arkansas due to the mandated teacher salary increases and an increase in minimum wage that's absurd they're seventy five counties in Arkansas is averaging one school council that could possibly close in the next ten years ten to fifteen years just due to finances you know those those closures will not be dispersed evenly around the state they're gonna be in the rule the poverty areas of south and East Arkansas and that's one of us you know we all we all came from the the small rural areas and this is what we're Hart said this is where we want to be and raise our kids but it's just more difficult more difficult and I think this is this seems to be a Sparkman bill but this is this is a rule bill this is this that opens a pathway for rule communities and I guess the elephant in the room the world dancing around with this bill is that there's not enough money to sustain some of these small schools in Arkansas and it is getting more difficult more difficult to sustain and keep them open especially when you're under a parent district that doesn't give you the allowance that you need you know there's there's only small small opportunities there when you don't have the funding there and you you don't have means to control that funding what's going in your school because you're some a subordinate District for this this district. You know you may not you may not realize that you know agree with that that this is a Democrat or Republican bill but you know this is a pathway in this that's what this is and if we're just we're just asking that you know once a school shuts down in these funding issues go school don't re open and we're killing rule in their courtroom killing rule Arkansas with these with these bills and there's not enough funding here you know the first thing we need to maintain the schools that we have and this is an option for that I appreciate your listening to us but we're looking for pathway to maintain what we have for winter times of yes Sir I appreciate you are there any questions for the okay we have a couple questions to stay there Rison make. Thank you and I appreciate y'all making the drive down here and representative semi rural districts so I can understand where you're coming from the my question is what is the make up of your local school board because your local school board is the one who's going to be directing these assertions do you have this does your area I'm assuming have representation and have you ever considered running for school board to try to fix these if I have we have we have two members from our district I believe there are seven members in our districts if I'm correct and there's two from our districts so as far as that is concerned we don't have much power over that and then that school boards being led by their superintendent which dictates most of their actions. Indirectly so. You know two people at a seven it is not much of a fighting chance what we have came we've gone to the school board with going to the state board of education petition this and they saw value in a rule schools and I guess that's the the biggest take away from this is what what we're gonna do when all the rules schools dried up and and that's all we have in Arkansas he's isolated schools are fourteen now is what I've heard that's all there's going to be in the next ten years is just isolated schools thirty forty minutes apart and rule Arkansas because they're all done now and there's just not enough funding. Thank you. The representative all thank you can you explain what combined classrooms. Well I know like for my daughter shall be in second grade and they would put it the second graders in a room with the third graders so they would both be in one class and the teacher would have to teach second grade curriculum and then a third grade curriculum which is I mean to me it's a big it's a big difference and I feel like there would be a lot of issues their lack of time I mean discipline I just just a lot of different factors follow up you're recognized thank you if I remember correctly whenever we went to the state board meeting you have to have a waiver for that does it do you all have a waiver for that for you can combine classrooms do you know we've I don't really know that you someone that making later may have a better answer that thank you thank you. RT other questions seeing none. Thank you for your testimony thank you all for listening to this at this time uh but my mom would like to speak on the bill he's not they're not Leding for or against the likes bills almost would get them in the blue before we get the rest were forced. Yes I'm sorry I don't think we're going. Thank you Mr chairman of the committee Mike Martin with a a EA so yes we of I'm speaking more on the bill because we had some of the same questions and concerns that was raised by the by the department I do appreciate the. A representative while not talking to us to us earlier today about it and one of our questions of regarding the bill with the amendment that was the that was filed I would like to point out not sure if this had been discussed but this of the original consolidation with a voluntary annexation and which the district received incentive fund in order for the original consolidation to go forward so another question we headed this if if if this occurred and a district are the original Department District went with another district would they continue with the again received incentive from intended ties from the Department again are the issues that are fourth min discussed here that they what implication again the dividing of assets the debt personnel and yet you know over five almost twenty years US department had been part of the harmony Grove at districts and budget expenditures and hiring at all be considered during that period of time is one district it would be difficult to divide all of those things that so I'll be glad to answer any questions are there any questions. Seeing that thanks are. at this time we'll bring in Deborah Lewis. And up next after that would be Johnny Phelps I believe that's correct. Deborah Lewis if you could hear me come on in. You read a script for a tax. Ever the correct yes if you love make sure that Mike is but state your name and who you're with you're recognized speak you have two minutes differently this time with Sparkman all right okay you were talking about combined classes my daughter was caught up in harmony growth policies to save money that's all we're ever told is this is how will keep Sparkman open and this is how will save money my daughter had one teacher in kindergarten first grade she was put on Moby mac which is supposed to be teaching tool which was taught to her the whole years you learn nothing we get to second second grade and she is put in combined class with twenty two second and third graders one teacher no eight she learned nothing that year we get to third grade in the third grade teacher who was wonderful realize there's something wrong so she got help and realize that she had to take these kids back to three letter words because they were so far behind. And my daughter was reading on a one point three grade average in the third grade. So at that time she had been recommended for special ed she has. What's letters backwards and so they kept telling me no there's nothing wrong she's too smart you won't qualify for speech so finally I go to harm to grow to the special a coordinator and I have her to and I want to test across the board that was in her fourth grade around September October all right then they. I don't think they from we send all the paperwork back they have three months I know they have a ninety day period I hear nothing from him January comes around I call them back they said what we thought you were going to have a test because we figured out she's dyslexic and I said no we talked about you sent the paperwork well then they finally got around the city to develop the paperwork right well that's their job to make sure it is right but you would have a attested in a high Q. is extremely high but we're she's performing is really low and so they get or in the in the pandemic hit so we don't really get much done that year and so we start fifth grade and she is eight weeks in and she's had only her Teague note special it has not seen her whatsoever and then we come up and I called meeting and find out that they have changed her I. E. P. from fifty minutes five days a week to thirty minutes one day a week indirect without even contacting me I'm sorry your time is a thank you for does label anyone have questions. See no question thank you thank you. And I think I mentioned the Johnny Phelps was up next. You just did this bill to committee have a seat. State your name and who you're with a recognized to speak for two minutes. Good morning my name is Johnny Phelps first let me say I'm impressed you got my name correct thank you for that and some of the things that I'm going to mention have already been mentioned but I think it's important just to reiterate it first of all of course I'm Johnny on the spot McCollum nine I'm also the mother of his apartment school teacher and I'm the grandmother of three current Sparkman students and course I'm here today to speak on behalf of the of the bill being presented to you which would allow a pathway for Sparkman to join with the district that would be may be beneficial to both of us hopefully beneficial M. as you're already aware harm you go school district attempted to close our school campus last year but was overruled by the state board of education I along with many others believe closing our school campus would not only devastate our students it would result in a four hour bus drive each day for many of them not to mention it would decimate our small town. I think it's important to note that when our school was forced to consolidate with harmony Grove neither party was in favor of this this of course that the president's foreign us verses them dynamic from the start which unfortunately never seems to result in our favor I believe harmony Grove's agenda. From the beginning has been to close our school campus one such example is our sports program being taken from us which resulted in our enrollment drastically declining. This decline was then used as ammunition against us in what I believe is only harmony gross first attempt to close our campus inspired a little encouragement from the hundreds Grove school district our school has excelled last year we improved our overall school and a score over nine points and increased our letter grade by two letters at Sparkman we have a lower student to teacher ratio which provides more help to students who are struggling academically and it gives teachers the luxury of teaching social skills and providing supervision to deter undesirable behaviors such as bullying which we all know is a major issue in schools today ma'am your time is up but I have some questions for hi read a research backed your question. Thank you Mr you said that you increase your your your school grade what is it now and I would really like to depart that to one of our teachers that's coming up I believe it says I see. Good thank you. But she can clarify that for you are are there any other questions. C. nine thank you ma'am thank you. Okay of ladies and gentlemen here's kind of what we're doing we said last week. Twelve fifteen was far we wanted this committee so we're going to go for three more minutes one more person and we're gonna give him five minutes to close and will vote this bill are you okay with that if there's anybody that wants to overrule me you can just make a motion to overrule. Our Brady Harmon if you're if you can hear me Brady. It doesn't matter who you. They can come together again two minutes yes. Come on in and out please take a seat. And if the others that are out there want to walk in a room that haven't spoken just rates are and that they support this bill I'm good with that too. Of you if you will state your name and who you're with I can only give you of the last three minutes that we have. My name is Brady Harmon this is my wife Stephanie. I'm seventy Harmon I teach third grade at Spartan elementary. You're going to for my time to her. That's good. Tell me when the timer starts I've been back there just is about to school okay and our district was forcibly consolidated in July first of two thousand four when the state board of education right of consolidation plan for this apartment into the harmony Grove district since we were unable to find a willing merger partner and nearly twenty years ago and what's coming and want to have a seat back there that'll be five and I feel that it's time to re evaluate this decision for our students we've become increasingly aware that our merger was and wanted and our presence is an unwelcome burden to our district now in my thirteen years as a teacher in this apartment campus I have felt and witnessed countless Petty intimidating and destructive acts from our district administration that work to the detriment of our students our teachers in our campus in general things that never would have happened if our annexation was with the district values are students are teachers and are simply simply our very existence I've watched maybe is where the older bigger character comes in and snatches away the smaller kids lunch money and shoves him down on the ground and the little guys left embarrassed and without and resentful that he is just not big enough to fight back. And that's how we feel. We feel that more and more opportunity is snatched away from our children each year then we are pushed down to the ground and we are left. Scrambling to scrape up what we have to give to our students so that they can have the best that we can offer. The sad part is guys almost at boys and girls the third part is with the girls that it wants to make an effort to stop it onlookers the stand by and they hear our pleas but there's simply watches this is repeated time and time and time again you've heard that we reached out people know what's going on I know it's a problem this is what we here I know it's a problem and we agree that it's just not right but there's nothing we can do to stop at our hands are tied does this house bill seventeen fifty or what whatever or whatever can be done and this could be a step in the right direction in each and every school across the great state should feel valued by its district our students should feel valued students I'm should feel that they matter not feel that their very existence is a huge burden to their district we at five and we're doing some great things while stuck in a bad situation but we could be doing amazing things if our presents were valued in the district today I ask you to extend your hand to the little guys to the students across the state who have been knocked down and collected and that's what I have to say so thank you very much all right we have a question for you real quickly Rison makes. Thank you and and I appreciate your being here and obviously your passion for school in your in your district the staff definitely a testimony to to to your school the question I have is that the solution is being presented to us here today is the option to decouple from harmony Grove and then just go to another school district the one question I haven't really heard addressed is is there another school district that is expressed interest and if so what district is that and then what has that district done to pursue that Shifting because of according to the testimony from the Department education it can already be done so it almost makes this bill superfluous. You have to understand that harmony Grove does and does not want us to exist however they don't want the lines to be we re drawn because they want our tax dollars so they're completely against allowing us to leave and go somewhere else we did have a district a garden school district approached us about helping us out and us teaming up together we had numerous meetings with them they're superintendent and the school board it got relate back to us by the school board that whenever harm the girl found out about it the superintendent called their superintendent and and basically let him know that the lawsuit would be filed if they ever tried to do that and so it was killed on impact right then they don't want to let us go they don't want to go anywhere else they just want to close us into what they see us as a headache but still keep are extremely high millage and and tax dollars that they get from us follow up you're recognized so. That is so again it goes back so you've got it you've got a the of us the district that is willing to accept you it sounds like the garden Though there there would be some others if they knew that they could do that and that that you know this pathway was created where they didn't have to worry about you know it lawsuits and things like that there are some other small school districts in our county and even closer to us than harmony Grove that I feel would be is very open to the idea of annexing us in with them and I was kind of teaming up together like so many of the voluntary school districts around the state like like on fire was mentioned there so many districts around the state that decided on their own to get together and they are doing fantastic it's the ones that. There's the stress in there where one doesn't want the other and and not only are we the red headed step child you know we're we're second class citizen red headed step child that's where the problems come in and that's where you have the closures not at the and I would when the bill sponsor comes to close representative if you could kind of address the idea of how this differs from the processes already in place thank you Mr or any other questions. Seeing none so I see a lot of other people have walked in the room as I ask you to very quietly please do not say anything would just lift your hand if your support of this bill. The card you see the ones that came to we did not allowed to speak because we are out of time so of at this time I would ask that you would stand up and and moving let the bill presenter committed close for his bill. Thank you Mr chairman committee. As I started off my presentation and said it would be hard not to get emotional and start telling stories and this and that to mist this makes first the way I understand it it will require **** girls school district to want to change those lines along with another school district and as you just heard that's that's not an option so this as I said earlier this bill it just provides that pathway it's not going to solve my school districts problem overnight but it it provides hope you know. and I will submit to you that this is not probably not a perfect bill. you know how involved these things are in there was one question raised about some some funds today that I don't have the answer to today's the first time I've heard that question there's likely to be others I mean this is a this is a very involved process but I will give this committee my word if that's a hang up for you to keep you from voting for this if I find that that is a real issue and I will give you my word that I will amended to address that on the Senate in if if it gets that far. A I'd like to point out it's just a few little high notes on it I'm trying to be very Sparkman was not in financial distress. You know we we've heard a lot about money money money money wasn't an issue it was numbers at the school. the state board didn't take action they took for no reason this is not somebody this is not a group of people there just sit down here and got their feelings hurt there's legitimate issues there. we've heard that this could have other implications statewide I say great. I mean honestly this is not the only this is not the only bad situation is ever going to be if it has statewide implications I think that's a good thing let's solve a problem today and not let it get to this point I mean I think that is a great thing. Basically what we heard from the Department of it and they have been great I want to publicly acknowledge they've been great to work with me they have answered questions over and over they've offered language so you know this is not coming down on the it department of ed but one thing that really what you heard from was this would be difficult you know this would be hard and I give you all that ground it would be they talk about the separation debts assets capital you know that stuff goes on in divorce cases every single day you know there's unions twenty years and longer where these exact same issue it's it's it's done I'm not saying it's easy but it can be done there to there's a lot of brilliant people involved in the process they can figure it out this is not an impossible thing. it I'd like to point out of. To the first amendment right you know or it took to redress grievances with the government that's what you got today you've got people that have spent years working on this issue and I've gotten no where Andrew this representative of a foreign government that we have there here today exercised that right it's a beautiful thing I'm thankful to be part of it I'm thankful to represent these people. I'm sorry I'm getting emotional this is this is this is important this is what we do and today you guys on this committee have the power to to move this the next step and let these people's concerns we met with the government so hi as a member of this committee would like to make a motion do pass as amended all right we have a motion do pass as amended any discussion on the motion. Seeing none all in favor say aye any oppose regulation your pastor bill. Mr. All all bills that did not we're not heard today were rolled over to next Tuesday thank you all for being here we are adjourned.