Education Committee - Senate

Anyway okay perfect and. All right we'll just go ahead and get to get to work House Bill fourteen seventy two. Is there somebody here to present house bill fourteen seventy two. Leding. My feet that's probably what it. Okay that sounds great. We shop the doors just because. Okay if you're just identify yourself for the record and then please present House Bill fourteen seventy two sure Senator Greg Leding district for. Analysts have the University of Arkansas System. Right it's my understanding that we are just making a slight change the composition of the board of the Arkansas school for math science and the arts but I will let this rest explain further. Thank you and madam chairman and members of the committee of the Arkansas school for math science and the arts is that campus of the University of Arkansas System. They approached us about wanting a bill that would do two things one they wanted to add three members to a board of advisors for SMSF a there are seven members that are appointed by the governor there are six members who are ex officio members of the board and they do not vote and so this would add three additional ex officio members of the current ex officio members are joining key for instance remark Mike Preston Stacy Hurst a parent of a student at the school as well as the student government association president this would simply add and the faculty staff representative a alumni representative in a foundation representative of the second part of the bill is that when the school became part of the U. a system enabling legislation indicated that the faculty members would not carry professional rank we would like to create a pathway for those faculty members at the institution and so we would like to have a pathway for title of instructor which is the current title right now for all faculty a second higher rank which would be lecturer and then the highest rank would be senior lecturer no additional funds for being requested for this particular purpose it would just provide a professional rank for these faculty members the one thing I do want to point out the legislation the original legislation does not allow faculty members to earn tenure and that is not being changed by this legislation it simply just three titles as a pathway for a faculty members. Yes. Yes senator Chesterfield. What provision is being made for never resting on the commission. The group that makes. I'm I don't know of anything specific Senator Chesterfield obviously you're not are familiar you know with those individuals that identify that are members of the governor's cabinet I do not know the demographics but I'm just trying to figure out how yes ma'am because the the Arkansas school for math and science is made up of a diverse group of young people correct and I'm trying to find out what we are doing to make sure that the individuals who are in charge of that system by someone. Sure Gazaway I don't see that in this bill yeah. I'm the only thing I can tell you is that the constituent groups the additional three people that are being there be requested to be added to this particular board are individuals that are selected by the constituent group for instance the foundation representative from the foundation etcetera but I don't have any specific information about how those decisions are being made thank you. Hi Elliot you're recognized for a question. I'll. Do you remember why it is this is not exactly germane but it's going to be helpful to me wide there was not About people about the staff have been professional status that just kind of sticks in my throat is there something I don't understand. What is it what was the thing about not having professional status what what. One was that something that was important this. Are you talking about originally planned yes aha. You know that was back in two thousand four when the school became part of the U. a system and certainly that predates me so I I can't tell you you know why that was determined to be in that manner you know most of the faculty members and a suicide and I have said this when this rain down on the house and all the faculty members and I assume a state have their master's degrees about fifty percent of the faculty members have terminal degrees and a PhD is R. Edie's so I don't know what the rationale was for that at that time okay you know why that was a prohibition so is this is this is not bumping up against some other thing that we know about from two thousand four it just hadn't happened no ma'am not to my knowledge no all right and so they will get the titles I know you what you said about not for the compensation would mean a change and perhaps what in their job description itself is that a possibility. Let me make certain I think that I. Correct release clarify something I said so that I don't leave you with an erroneous impression okay clearly individuals if they are an instructor at the next step up lecture next about the senior lecturer there will be differentials obviously in salary you know for those individuals is that's gonna be based upon length of service professional accomplishments you know and in various other means by quitting or other services they provide to the institution But in terms of the actual titles mean then it's just a promotional path for those individuals so there will be there will be differentials and salary now I would say to you this what I meant when I said we are not requesting any additional funds as part of a S. MSAs appropriation or request for you from the legislature in order to accomplish this task yes that's a good clarification thank you thanks surgeon. Okay are there other questions from the members of the committee. I Senator Leding did you want to respond I just want to know that we do have the lead Senate sponsor in the room now in case you want to have an opportunity to say something okay Senator Inc do you want to take over. Senator Leding he's doing a fine job. Then I think I are there any other questions. All right. Would anyone like to speak for I'm sorry for or against the bill right you can Senator Leding would you like to close for the Bills I'm close thank you okay thank you what is the pleasure of the Committee. Motion to pass and second all those in favor say aye hi and oppose ayes have it building houses calculations all right senator Clark. SP four I mean I'm sorry as B. three forty eight. State your name for the record and then you have recognized to present. Three forty eight thank you madam chair Senator Alan Clark and I am from present SP three forty nine not have an amendment for SP three forty nine. Are you one of the three forty nine first I am in the amendment actually. Of not only amends three forty nine it really falls three forty eight and a three forty nine they have a three forty eight unnecessary so okay. we'll pass that an amendment out. Okay do you want to go ahead and explain your amendments because it's pretty substantial yes someone do my best to explain okay. we're going to begin with the title of on line fourteen it will change it from of reading and substitute of reading to create the education ombudsman within the Division of elementary and secondary education. that's going to delete the subtitle. Go to page two. One two. And I believe if the state board. And substitute beginning with the two thousand twenty three twenty four school year if the state board so we're moving this back. Of. Two years. And Page two line nineteen. We're going to of. Delete line nineteen and substitute the following under subdivision three B.. R. A. of this section. Of. And. And then adding then we're adding all of this other language which is. The ideas from three forty eight but the language is different the language is actually of had the governor's office department education working on it of and but it creates the ombudsman and we can discuss that in the bill but that's what the amendment does. Of manager. Senator Chesterfield Senator would you consider putting this down to we can get this. Incorporated into the bill so it's easier to follow. This little change sure let's go ahead and incorporated into the bill while I'm here okay and then you're going to bring it back to us so we can read it as it goes sure fifteen minutes or so. Thanks. Sure I'll be a lot of changes I'll be glad to for you Senator just feel. If you will go ahead and of if the player the committee adopt the amendment will then I'll be glad to bring it back with the if the amendment can be engrossed that yes yes so we adopt the amendment good the engrossed for the next summiting okay so that's your motion is to adopt the amendment so that it can be engrossed. Second all those in favor say aye amendment is adopted. So without objections Senator Irvin I will pull it down at center Chesterfield request so that they will have time to study it and as excited as I am about running it but. Bills. All right thank you for. If. And so with that are you going to withdraw three forty eight from consideration. Okay. Okay. All right just trying to follow along here okay a House bill fourteen sixty two. Sorry okay state your name for the record and you're recognized to present house bill fourteen sixty two my name is Linda Chesterfield representing Senate district thirty. This is an add to allow a state supported to your four year institution of higher rated designate from most current staff members of the institution of foster student liaison is exactly as is stated here it is not mandatory but we have a large number of students who are homeless or go to college. And they really do need some guidance it does not mandate that the to a four year institutions provide that nor does it create a need for more money but it does I hope awake and the idea that our colleges universities will be sensitive to this and provide the extra help that the students need I would appreciate a good vote. Take any questions thank you are there any questions for senator Chesterfield. I just wanna ask quick questions would they be housed in a certain department or division or no you know anywhere in the in anywhere how it because these children are in various divisions in various okay schools of study and so we're ready it's not mandatory as I stated the institution does not feel the need for Mr but I know that the need is there and so I would appreciate a good vote on the bill. Right. Is there anyone here yes Senator Sturch have a question. Thank you. Tensions rise one ask if you'd heard or if anybody has mentioned how is the needs being met now is anybody in like student affairs or anything like that have you heard from institution who already does this at all no I am not and we've heard from several school districts that do it the only if not heard for many institutions of higher it could do it and they may very well be doing in which means kudos to them but it is time to wait raise the awareness and raise the sensitivity that we should have taught these kids were trying to do the very best and navigate the system with which they're totally unfamiliar thank you ma'am thank you senator Chesterfield this policy is completely in line with the success life three sixty home that we just passed in the Senate with our home so I would just and encourage you and references represent Scott to we need to connect these things so one I mean this passes that's what the success life three sixty home is really designed to do for our youth that were in foster care but you've also identify the homeless population but it's it's policy pulling in the same direction right so opportunity here obviously where you may have an anchor hospital that's participating anchor hospital for success like three sixty home can also partner with the institution of higher ad if they choose to enact this policy so just I think that would be more I do too. Thank you I really thank you for bringing the bill you're very welcome and is there anyone here that would like to speak for or against the bill. Right C. N. ninety five clothes for your bill I have clothes and I would I would move move to pass do pass and second second all those in favor say aye and opposed ayes have it the bill passes all right moving on Senator Ballinger. Three eighty nine Senate bill three eighty nine. Thank you ma'am chairs Senator Ballinger from Senate district five. What this legislation does is it just simply requires a parental notification before you teach any subjects on the sex education gender identity if any of the topics dealing with sexuality and. The purpose of that is just so the parents have the opportunity to today so it says in here they'll have an opt out opportunity to to look at inspect whatever curriculum or material that is as provided and just requires him to actually receive notice it also put the information here the deferred if a child decides to opt out it's not going to hurt their grade and directly one provision in here that that we've added as if it's consistent with their the state standards so if you have a health class you teach in about either date rape is is kind of a a subject or healthy sexuality or accidents that's part of the the standards and so that won't be necessary to teach that or if it is something that comes up either by students questions or comes up the material if you're teaching about some important figure who happens to be a homosexual and it's relevant to the material obviously you can teach that. No no no opposition worked with the department of education on on getting the language right present their input and at this point I feel like we have a pretty pretty good bill that kind of strengthens parents rights. Senator Elliot. I thank you Senator Ballenger I am I'm absolutely you know something that the parents have been you know these opportunities to make these decisions about that certain things here but on one thirty three. I just. With the use of the word mental disorders as a part of how we are defining gender identity I mean I know that's a title but One tell me why we have that that. It's because the best information we have the comes from the the diagnosis statistical manual of mental disorders fifth edition so it's it's fairly common definition the definition what is it seventy. You and I are we I can look it up but I have a gentleman who's signed up to speak for you probably could read that in the meantime I'll look it up yes okay. Senator Chesterfield you're recognized for a question thank you can't parents now say yes or no to what is being. You know I don't know about it and so that's what this is just the private before I start teaching something. I need to to let if I were to steal a classroom before I started teaching anything. Say we're gonna teach Chevrolet. Which is rife with sexuality. I need to call a parent Intel on this we're going to do so the answer is if the if it is something that and and it specifically says in here so if something comes up if you're it in your normal course of teaching that it it's not so if you're if you're dealing with some relationship and and from the literature or or something that it you know relationship in a specific story or whatever all that would be consistent with not only your standards but specifically exempted out of this so on it you know I'm a converse if you are a English teacher and you decide that you're going to teach on on the gender studies as part of your course let's not within your standards in order to do that you have to provide notification to the parents and and will allow them to see what's going to teach first so but if you are a health teacher and you're gonna teach on on healthy sex which won the standards that would be consistent with that a parent should expect because the standards are published they should expect that to be a topic that's covered you would have the same notice obligation. Well. When I taught school about three light years ago. Even in sex education classes you have to get the approval of the parent. And I'm trying to figure out what has changed is that you that merit this because we are a committee headed there you're talking about outside of sex education you're talking about it by teaching the science social studies any of that in it deals with sexuality right. I gotta tell you I'm going to teach it unless it falls within the purview say of the biology that I'm ninety correct if I'm teaching biology I don't have to do that yes you teacher biology and so subject with the normal course material then you would not have to do that in nineteen social studies and I'm talking about the debate today. So that it would depend so depends what you're doing and social status right so if it is a specific course in social studies dealing with. Modern politics I'm sorry if I'm teaching state and local government hi. In the state of Arkansas has decided. On the issue that we discussed today would I be allowed to teach that or do I need to get the approval of the it would depend on what the standard so if you're teaching on something that is a modern politics in some of these topics would come up but if you teach of course even if you're teaching that you decide to go into some specific study that is separate course material then you would need to provide a notification of the parents' First I decided I was going to teach the converse of your definition of mental illness. As a part of the conversation I need to be able to deal with parents were if you're going to teach on what the definition is so if you're if you're gonna go into something that it's all outs that far outside your standards you need to first get get print on the permission first and not even permission but not give them notification. All right other questions. All right C. and no other questions Senator Sturch did you have a question. Okay. Thank you ma'am chair Senator Ballinger I don't know if this is a question for you or for the department but I guess my question is if it's prior notification is there anything then from keeping schools to. It is part of the packets sent packets they go home each beginning of school year that by the way you have this right to say no please sign on this dotted line that you're aware of your right to you know do it are you wanting it per subject per class where puts the burden then on the school to make sure that there's someone monitoring or censoring you know what's being done in every single class I guess that would be my great practicality how it work yes for from it in the the the first example of having parents the only way that would work is if you have a standing by course material that you're that that you teach if it is outside it has to be outside the the state standards before it's necessary but do you have material and then and then you put that in that notification of the parents don't read it then just sign it like that it driving up to send it back that'll be on the parents what you will have satisfied that if on the other hand it's something that is is not quite so clear clearly set out and you decide you're going to broach that subject in whatever course it is and it's outside your standards then you have to provide the notification to parents it could be as easy as sending an email that you get a a return receipt saying that you you've got to be at that something some of the parent actually received and there's no deadline there is no timeline or anything he just says prior notification for its tonic yes that's correct thank you thank you ma'am to. Okay thank you any other questions. All right and is this just dealing with the curriculum. If well yes for the meter so if if there are if there is no set curriculum if it is purely in class instruction and fall under the same thing so if you're going to construct on one of the subject if it's not already in your and your standards in or its doesn't come up naturally it either through a certain questions or to the material that you're teaching fifty two history and that have to be rolled a part of the of the individual sexuality or literature and it has to be relevant part of the person's sexuality if you're teaching it you'll need to get prior written consent not consent the notification. Okay is there there's is there a requirement for parental consent if a physician or nurse comes in and to discuss sexually transmitted diseases the parents have the ability to say I know I'm a child attending not used it in the answer is probably yes of it within the Arkansas law which you in teaching sexual education is actually not a requirement of this would put a requirement to to have consent but currently there's not one in Arkansas law in public health there still would be one but if you hold what would be considered a clinic like that there is already requirement to have a prior written consent. So if you're if it is a health expert that problem would fall underneath the definition of a clinic. Well okay Amendment that are not seen patients are just given a lecture or talk fixtures and it now and I'm I'll have to look at it but this may also include providing like birth control and stuff in order fall into that category I got to so so that the answer maybe know that there's not be one ACT any other questions. Senator I you're recognized for a question thank you it might it's it's not for Senator Ballenger but it's it's at some point is the department of ed young other gonna come up and and so we can get some clarity for if you have questions for the yeah I I I do but I can wait until another day another gentleman who was going to testify I can just wait and to want to okay. Okay we'll go ahead and bring up we have somebody here to speak for the bill. Lance Kinzer sat correct okay if you'll come up to the table please. And Mr Hernandez you know we're not running three forty nine just FYI okay you knew that okay. Please state your name for the record your identified to speak for Senate bill three eighty nine yes my name's lance Kinzer and I'm here on behalf of first amendment partnership we uh have the privilege of working with some of the largest faith communities in the nation on matters of common concern and one of the issues that has come up repeatedly in recent years in particular is concerned over transparency and parental access to information relating to sensitive issues of instruction and to give a little bit of contacts Arkansas losses Senator indicated does have a parental consent requirement in the context of health clinics operating within schools but Arkansas is actually among the minority of states that while allowing for sex had to be taught under the standards does not include a clear statutory parental notice and opt out provision and so the the way the law kind of breaks down right now is the thirty seven states or forty four states that either mandate or allow sex education thirty seven of those either have parental opt out or parental opt in laws most of them to opt out thirty three states for have opt in lies recently as in terms of comprehensive sex education and just a desire to have more inclusive curriculum has been a matter of increasing concern states have been looking at seeing that there notice and opt out provisions with respect to sex that also cover areas construction related to sexual orientation gender identity I'm doing those things together kind of recognizing that the same concerns that many parents might have over one subject area would be consistent with concerns they would have another that does lead to the issue of defining these terms and so a great question was asked about the use of the DSM five DSM five is a medically recognized fact the premier medically recognized diagnostic Tool that is used in a mental health and that's the reason that that disorders I'm provisions they're not to say that gender identity is that gender disorder in fact the DSM five specifically says that gender identity is not a a mental disorder there is a condition called gender dysphoria but that's not what's being defined here so the definition in the DSM five of gender identity gender identity is a category of social identity and refers to an individual's identification as male female or occasionally some category other than male or female so it really is just a broad definition if it's if it's instruction or curriculum that is focused on the idea that an individual's identification as male or female or some other category if that's the that's the subject matter that you're teaching and it's separate and distinct from something that's required by the existing Arkansas standards then that would fall under the context of the notice and opt out provision so it's a relatively broad definition it's one the other states have used and it's other other definitions of gender identity but this one is I think relatively not objectionable usually to people on all sides of that issue I think the important thing to recognize about the bill is that the bill takes no position on whether it's appropriate to be teaching sex ed to be having a we're fully Christina created curriculum on sexual orientation gender identity it merely says that if districts choose outside of the existing academic standards in Arkansas to provide such as curriculum instruction then parents should received advance notice and an opportunity to opt out and that would be a specially with respect to sex that that's very consistent with the way existing law works in most states I think we have the experience of a teacher here who say that they have sent her local school district that was already being done in sex that I think that's very common one thing I would notice that the way that the bill is drafted the obligation to buy. By the notice it's the districts who are required to come up with a plan for how their district is going to be provided notice or something on the face of the bill that actually places a direct statutory burden on individual teachers no local district may decide a teacher if you determine that you're going to teach outside the curricular area we would like you to know so that we can provide notice to parents but that would be a local district decision as to how they would handle it the Bill intends just to provide a lot of flexibility given the size of a school district the nature of the curriculum their teaching to decide how they're going to communicate the the information parents what the intent is to make sure that the parents actually get the notice of a meeting call opportunity to review the materials if they'd like all right great thank you senator Elliots and senator Leding. Thank you madam chair yeah I looked up. I'm from the definition of gender dysphoria when I was trying to find Senator identity it's yeah and so what my suggestion if you we're going to have it seems to me. Your definition was operate on I. I am assuming. Why not just put that definition in in here the way we did for sexual orientation because now to know what you're talking about I have to go find this definition in this particular out manual or whatever it is so. As you said to me seems like it would fit right in the into the bill I would defer to the wisdom of the committee on whether we site to the definition whether it's included on the face of the bill that I I certainly wouldn't have a. The one where the other things that would make it parallel to what what you're doing here senator next thing you do is is you you get the committee of sexual orientation means it seems that would follow gender identity meetings rather than referred me to a manual just give me the definition with that be objectionable it it's not necessarily except for a slowing it down just the process so if if I do if we mend the bill somewhere in the process I'm I'm happy to include that in the in the amendment work that sits on the house side long enough that we just because scheduling we get that in but other than that I wouldn't want to go through the process I do understand what you're going from coming from but it is it wouldn't change the law whether weekly the definition but we decided to the definition either way yeah you know I I I generally respect my colleagues is going to do what you for what you say about that and you and you just happened to be the other one at the end of my thing today about this that we really do have time to to make our changes and you know I kind of somebody has got to set the standards or maybe it's you today Senator Ballinger somebody got to set the standard let's just fix it where it is and move it on I'm not going to be that upset with you but I'm just pointing out that we really do have time to do this the proper way the pharmacist native okay I'm not may make a suggestion I think including both would be a great thing to do so that we have the reference to the manual plus the definition in the bill and I think I don't I mean we can schedule you for Monday if you want to get that bill and that amendment to us if that's agreeable to you and will fast track your bill in that regard because I mean I think that would be I like I actually like having the reference I like having the definition and the reference but that's my personal opinion obviously the the Committee can make that decision senator Leding had a question then Senator Sturch. Thank you meditators largely on the same a point to Senator Elliot just made I just pulled up another recent bill that defines gender identity means a person's actual or perceived interrelated characteristics identity or expression whether or not to believe so she'd with the person's sex at birth and I just feel like I mean obviously somebody can look this up the most people to looking at the code all they're going to see is the diagnostic and statistical manual of mental disorders and I do appreciate you pointing it out that gender identity is as defined is not but if someone just sees that they're going to just get that sort of inflammatory language I would also appreciate the the inclusion of a definition Senator Sturch chan a question did you have any other questions Senator Leding okay Senator Sturch is a question yes ma'am chair and I don't know whether directed to the chair to the sponsor but it is my impression that we already had a bill coming and probably is already passed house in our committee just not on the agenda yet but it would be covering all subjects however I believe absent Cozart had a bill that parents would be able to review all curricula and then noticed the school board or opt out of whatever some wondering if instead of just making this bill about one subject could we also then. See that bill review that bill to where it would be all subjects would be under the same type of review to know who the Senate sponsors of his bill I do not know the Senate sponsor no okay. I do know he you know I have checked and it did pass the house that I didn't know you know where it is on our agenda can we look at we need to have the bill number. I don't run off hand but I can find it for. Did you want to respond Senator Ballinger. What I would say is that I'm I'm I'm smart enough to realize that will be committees but that's what matters when you're trying to get a bill out of committee so I'm I'm I'm happy to to try to incorporate the language of the definition into the bill and bring it back on Monday would be great if we could go ahead and try to answer the the questions and then then I can have Senator Leding and Elliott as co cosponsors of the bill not really fine. But. I'm okay with it in in in the meantime I'm also happy to look at represent because arts bill and just verify sure that they do not conflict the that there's any language that would be income conflict you know conflict with one another it is my understanding that his sister directly which mine does address the ability for them to review the curriculum but it it isn't it doesn't include the the parental notification side of it but but I'll I'll look at it closely and make sure that we don't think that's the we're not that we're not you know doubling up in the same same issues that were not a and you know want to cancel each other out when the time comes yeah okay Senator Chesterfield. I did not get your name would you say I'm sorry your yes ma'am lance Kinzer K. I. N. G. E. R. E. I. N. C. E. R. and your organization its first amendment partnership. First amendment partnership yes thank you very much thank you for being here thank you I had one brief comment with respect to the senators searches questions about so K. the only thing I would suggest in looking at a a broad base bill in interacting with legislators in other states that have that as existing law or sometimes is concerned that when parents are receiving a generalized notice as to all curriculum it limits the the likelihood that they're going to to notice or pay attention to maybe specifically sensitive curricular areas and so I would just suggest that if it is incorporated in having some sort of requirement that those areas that perhaps are typically of most concern are most sensitive are highlighted in some way and not just grouped into a generalized you have a right to review all curriculum that tends to in some ways shield as much as that actually I display the that's not the tech content about legislation that's just my experience in in in a few places where that kind of laws already on the books. All right are there any other questions all right so and we we have we have vetted this bill we went to include that definition if you can do that an amendment and then we'll and then we'll get with you on the other I'll visit with the look at represent Cozart bill and that's with him or the Senate sponsor in the meantime and will also get that definition corporate sounds great thank you thank you. Yes please I'm I'd ask for a I don't know if it's beneficial for them to hear it or not but the Department of Education give us a clarification on just what the what's required right now so that you'll have all that to when you're thinking about that I'm not asking you to have to stay I'm just want to hear from the Department. A United Ireland. Okay if the come up thank you. Good afternoon Stacy Smith Arkansas department of education. So on that the requirements of what's required right now for parent notification on these particular topics there is no requirement for a notification on any of these topics as far as the standards for sex education contraception absences we do have legislation that requires certain things be taught such as avoidance strategies and accidents programs in conjunction with you know contraceptive M.. Justin on those ramps there's not as far as the health standards on some of the other subjects our current Arkansas academic standards I'm don't address those specifically. All right thank you appreciate that all right thank you Senator Ballinger we will see you on Monday thank you madam chair recommend you're welcome okay repor and represent a clear and Senator Clark. If you will state your name for the record you're recognized to present House Bill fourteen forty five yes Rick McClure state representative district twenty six chain Broadway a issue system. Sorry I thought you were Senator Clark. This is a very simple bill this dealing with our two year technical colleges. it amends the employment requirements for a board of visitors let me give you an illustration. I was appointed by the governor to be on the board of trustees for the college of the washer toss. College of Ouachitas voted to align themselves with the A. issue system. When we align ourselves with a use your system obviously a issue system has a board of trustees already appointed by the governor so does you have two layers of boards so what this does is allow that board of trustees that becomes a board of visitors which outside of this room board of visitors doesn't mean a whole lot in terms. That those terms though does the board of visitors are no longer governor appointed board of visitors they become appointed by or the guidelines are appointed by the board of trustees of the four year institution. So with that I'll turn it to shine in. Thank you the Clerk Preciado to very much appreciate the committee members when we got to working on this when the transformation of a because the watch does joining issue system. Or the agreement was that the board of visitors will be part of the issue system and after it all occurred governor's office said we've got a point here board members like knowledge it's supposed to be done by us so we found an old piece of law back from the nineties when they created the technical college or community college system. Community colleges if they if a community college joined the system the law was already fixed to where the the board of visitors were appointed by the university board of trustees it was not picked for the technical colleges so working with the governor's office they did not want to point the Board of Istres any longer so this just fixes the technical college side maybe next session will come back totally clean up the community and technical college system legislation in nineteen ninety one but that's for another day non pandemic years so that's what this would all right any questions. Anyone wish to speak for or against the bill C. nine you're recognized close for your bill. All right motion do pass there's a second all those in favor say aye and oppose ayes have it bill passes congratulations house bill fourteen ninety six you're welcome Senator Beckham cost of fourteen ninety six our state here. Thank you are fourteen ninety six to state your name for the record Charles Beckham state Senate district twelve shame roadway aeration system. Which isn't. Everybody is getting super Kitty today. Get a tired okay so I actually said that we I was going to bring a snack basket and I meant to do that I will take effect next week go ahead I'm sorry senator Beckham aye house bill forty ninety six cents language to the law that based requires any contract with chancellors or. Residents to include buyout agreements that do not leave the state obligated for more than twelve months. Is there a question. The. There any questions L. add real quickly that also when one issue we ran across in the contract and dealing with emotions that did not happen in the contract that you can be fired for calls everybody else we believe has one and this is more of a bill for when we're all gone from here that somebody who's writing presence in Chester's contracts twenty years from now we'll know to put calls in a contract that they can be fired for there was one glaring omission and doesn't do with person who is in the office of taboo I was just contracted had for years. All right thank you is there anyone in here to speak for against the bill. Scene nine you've close for your bill motion do pass seconds all those in favor say aye opposed ayes have it congratulations you're patched your bill okay I'm going to run senate bill four fifty one for senator Hammer and yes. And then all runs Senate bill two fifty. I'm turning that terror over to senator Elliots. Miss Walter I will you please go ahead just come just come on to attend the table please. Members were starting with four fifty one and the next one will be a two fifty. Senate bill four fifty one I'm Senator Missy Irvin. I'm here water superintendent right schools. You're recognized thank you madam chair I'm gonna turn it over to her to explain the bill. You're recognized go ahead thank you Senator Irvin thank you madam chair and committee I will try to be brief I know the days in law I actually brought this to senator Hammer probably back in December from a conversation I had with my middle school principal and our assistant superintendent of our secondary schools. For our I'll give you our example and run our middle schools are sixth and seventh grade a configuration and it's kind of like we were having to run two different schedules within a building that had to grade configurations because six grade has been with the K. six model and the seventh grade was more of a seven. So after conversations that we had it seems like the solution was to try to get us legislation tweet and so that's what this bill does it says that if a middle school has sixth grade or fifth grade that the student can have a choice that they take music or art but it does not have to be built so currently in law that we are required to date they have to take both of those classes so it it just creates problems with master schedule sometimes we might need a teacher to do one period of six or seven grade in the schedules don't match up in percent of our students who are in band they want to be in band all year not have to get pulled out to go to art and so it gives the student choices well I'd be happy to answer any questions that you have all right of center member have a question. Is it not is there anybody else here to speak for or against the bill Senator sometimes. I'm not looking you're recognized thank you ma'am chair and I I'm kind of want to ask and for some reason I don't know what it is I'm getting deja vu about this either we've we we've visited the subject before we've got backlash before on something like this so I wanna make sure I understand the current requirement is that they have both right between first grade in sixth grade they have both art and music kindergarten sixth grade getting ninety six so then by doing this you're saying only the kids in fifth and sixth have a choice or if they have got fifteen six and they haven't had the requirement they can choose the what this bill says is that if it's a middle school configuration right that they can have the choice okay so they wouldn't have both but they would have one or the other if and fifth grade level then it is considered a middle school instead yes and it's permissive center so like in our situation we will still offer if the student wants to build they can certainly do that okay with that requirement will be there so what they say I want to stay in band all year so I don't have to get pulled out for nine weeks ago to that part will then they're gonna be able to do that with this bill do we have any push bank or anything from like the cool educators association or our teachers association or anything like that as far as this goes to you know not that I'm aware of I know our people were very excited about it because or band directors we start beginning band is sixth grade and they did have a lot of situations where they were having to have kids pulled out for nine weeks and so they were very excited about it our our teacher said as long as the permissive was there and you know students that wanted to do that could then they will find do you have an idea then I'm promise manager this my last one and you have an idea Bryant elementary school kindergarten through fourth or can great great king RT fifth yes Sir okay and then you have middle school from six through seven six and seven on okay I am. I only ask because I actually visited one this morning Is out towards block sign and you have a beautiful school sitting on a hill on the left hand side of the road but I didn't know if that was what grades and it's a pretty big building and I kept thinking how many grades are in there that are new junior high junior high this is only its second year be open yes Sir and it is a thing not great okay I guess and you find that your configuration is pretty similar to that across the state are unique because you're you're growing by leaps and bounds I think I think for us it was. We have been K. five elementary school okay our junior high was just bill two years ago our middle schools had been sixth through eighth grade okay and by pulling the eighth grade off we were able to. To have some relief that are to middle school campuses so that we have room for growth and there's more more eight great schedules that are lining to ninth grade there are a lot more courses that support it is allowing eighth graders to take to have high school credit and again it kind of goes back to that being able to share staff in having kind of the same schedules so we felt. We felt like we needed to junior high are not great was on the high school campus I don't think that's a good thing especially for district as large as we are so by pooling our ninth graders off eighth graders off we were able to build that that building and give her some space so even with this you get flexibility right before they went to junior high I stand thank you senator welcome I'm ms Walters at correct as a doctor ordered his Walter what if carried out would we give you a title professional titles to that In a discussion with the Department of at all with anybody around the state that if we make IT permissive I understand what it means to your situation that. We might have unintended consequences is that something that came up in the end you have thought about that or talk with anybody else around the state is it just your I understand you're concentrating on this situation yes but any thoughts about that Senator Elliot I have not spoken with the Department Bennett I know senator Hammer spoke with okay deputy commissioner Smith. I'm not sure if that came up in the conversation okay all right now As apartment you don't you're not responsible for what senator Hammer did are there are there are there any other questions from any of the members of the committee if not could is could Department of Education maybe give us like if we are here because I want to help in this situation but I don't want to create something that might be. A deleterious to kids on someplace else. Thank you miss Walter. Thank you Smith Arkansas department education so it within our standards for accreditation we have had for several years and this flexibility of schools who are acting like and middle school concept I'm in what they're offering because of the way and the specific art and music requirements for written by specific rates they did not fall into that so this kind of opens at that place ability piece we sit within our recess whether if you're an elementary or middle school skating in the time periods courses offered so it's it's. Kind of leading with calm I had to say this is a common sense piece on. the in which she talked about. That the scheduling in operating like to do is get a Menteri versus middle school and so it's kind of allowing the school districts the flexibility to really work within their their schedule peace and benefiting kids on the fifth and sixth grade part on this. It's really if they go to the middle school concept they're actually increasing their and their amount of time and specific art fine arts courses within the elementary model if that rotation of at least forty minutes once a week or or they're at their at so there won't be any things as such I you know I'm remit miss Smith middle school or whatever where we have required art and music. There won't be instances of somebody just saying okay well great I can do only one even though I don't have to. So if I can do our our music and not do both that's what this opens up and allows for sixth grade students to do one or the other but they have to take the have to take a fine arts class okay but right now who is it that has to take both is that at that the right now the law of it states kindergarten through sixth grade students have to have at least forty minutes of art in forty minutes of music yeah and so what I'm trying to figure out is I mean we must have had a reason I'm kind of channeling Senator Sturch here we must have had a reason for them for them both and somebody that must been advocacy somewhere so is there a way it I'm all about the flexibility maybe but is there a way that we could fix what's happening for Bryant and not make it to where somebody decides we're we're just not gonna do both we just do one. Is that that's not a that's not an issue that's not a concern for anybody it's just me because it is in Arkansas I'm just to let me may I misunderstood your question so the school itself would still have to offer fine arts classes in music classes. The student okay would be required to take either the fine arts class or the the visual arts class or the the music class the school wouldn't have a choice not to offer the course okay all right the students just kind of. Make a choice and a parent okay all right thank you. So Senator any other questions if not Senator Irvin you're recognized to close for your bill. Thank you I again I. Very sensitive to the situation that was described here and what you brought up as well Senator Sturch because the schools are all growing in different capacities and I think we're seeing growing pains and then also allow for you know the students to concentrate my jealousy may would of loved just spent the whole time in art right so I think it's actually common sense piece of legislation so on behalf of senator Hammer I'll close for his bill thank god motion motion to pass a second. Isn't motion second all do do pass all those in favor I. Those opposed Senate just for you just can't wait can. The motion thank you so much. Your thank you congratulations of passes thank you and then let's do to the next one is Senate bill two fifty yes and we do have an amendment and all just plain Amendment quickly I don't think we even need a person on this bill and the amendment changes online thirty four from seventy five instead of eighty from eighty five to seventy eight so. What the amendment does and I would move adoption of the amendments are you motion and a second motion second to adopt the amendment all those in favor I II all those opposed no the amendment is adopted. You're recognized senator Kerry on and very simple go ahead. No question I mean I don't know questions okay a motion Is there a second. There's a motion do pass as amended is there a second are there any questions anybody from the audience want to speak for against the bill so the motion is do pass as amended all in favor aye aye those opposed no. Thank you very much The motion passes are being here but we just wanted to recognize you a TV being here today that was the last one right after he's great to work with thank you for your gentleman thank. Why thank you. All right thank you. Where it's earned.