The House Education Committee deadlocked 7-7 on House Bill 14 72 — a measure creating a ‘‘microschool’’ classification — after extended debate over safety, zoning and oversight. Because the committee could not reach a majority recommendation, Legislative Council advised the committee to send the bill to the House floor with both sides presented (a majority report and a minority report).

Opponents raised safety and oversight concerns, focusing on a provision that would exempt microschools from childcare and building-code requirements and that would allow up to 50 children in a microschool setting. "I have several concerns," Representative Hager said, arguing that exempting microschools from building, fire and health codes would leave students unprotected and that teacher-certification and other safeguards were not addressed. Hager said the bill could allow up to 50 children in a micro school without standard regulatory safeguards.

Proponents, including Representative Morton, said most microschools would stem from existing homeschooling families and small neighborhood groupings, and said the bill included testing and registration requirements similar to those for homeschoolers. "This is an opportunity for parents to have a choice of how they choose to educate their children," Morton said, noting families would remain responsible for their children and that testing requirements would apply.

Earlier in the hearing the committee adopted an amendment to remove a line on page 3 concerning criminal history record checks (moved by Representative Morton; second by Representative Heilman) — that amendment passed on a roll call recorded by the chair as 14 in favor. After further debate on zoning preemption and exemptions from building codes, the committee split on a do-pass motion and also split on a do-not-pass motion; Legislative Council advised that a 7-7 split requires sending the bill to the House with split committee recommendations. The chair said legislative counsel and staff would prepare majority and minority reports for signatures for transmission to the floor.

The exchange in committee touched on zoning language that would permit microschools "in all zoning districts within a municipality" and language that would require land-use and building-permit applications for microschools to be processed on a first-priority basis — both provisions that opponents said could override local zoning authority. Supporters countered that most microschools would meet in existing churches or homes and that property owners and building operators would retain liability.

Next steps: Because of the tie votes, the bill will be sent to the House floor with both a majority report and a minority report; Legislative Council will prepare the required paperwork and committee members will be asked to sign the reports.