Legislature(2013 - 2014)CAPITOL 106

03/27/2013 08:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 31 CONSTITUTIONAL HISTORY CURRICULUM TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 162 TEACHER TENURE TELECONFERENCED
Moved CSHB 162(EDC) Out of Committee
            HB 31-CONSTITUTIONAL HISTORY CURRICULUM                                                                         
                                                                                                                                
9:40:40 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced that the  final order of business would be                                                               
HOUSE BILL NO. 31, "An  Act requiring school districts to develop                                                               
and    require   completion    of   a    history   of    American                                                               
constitutionalism  curriculum  segment;   and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
9:41:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WES  KELLER,   Alaska  State  Legislature,  would                                                               
require the  school districts to  create a history  segment based                                                               
on  American  constitutionalism.    Further,  students  would  be                                                               
required  to  pass  the  course as  a  condition  of  graduation.                                                               
Granted,  American history  is already  an integral  part of  the                                                               
public education  system, but while  many schools  offer history,                                                               
it   is    not   a   requirement.       He   explained   American                                                               
constitutionalism  as  being  consideration of  the  six  seminal                                                               
documents  of  American  history, including  the  Declaration  of                                                               
Independence,  the first  state  constitutions,  the Articles  of                                                               
Confederation,  the  Constitution  of   the  United  States,  the                                                               
Federalist  Papers,  the Bill  of  Rights,  and other  historical                                                               
documents.  He stressed the  importance of teaching the values of                                                               
the  U.S.  Constitution in  the  public  schools, in  particular,                                                               
during the six-year period and  timeframe of America's history in                                                               
which many  documents were  written.  He  said the  greatest gift                                                               
[in America] is freedom.                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER pointed  out the turmoil in  Egypt, and its                                                               
attempts to  model democracy in  recent years, with a  great deal                                                               
of  difficulty.   He  offered that  this  illustrates the  values                                                               
found  in the  U.S. Constitution.    Again, the  source of  human                                                               
rights,  the Declaration  of  Independence,  clearly states  that                                                               
certain  rights are  self-evident, including  life, liberty,  and                                                               
the pursuit  of happiness.  The  source of U.S. rights  is innate                                                               
in the  human being; however,  he asked members to  contrast this                                                               
with Egypt's  approach, which uses  military power  rather innate                                                               
qualities  of the  Egyptian  people.   He  turned  to freedom  of                                                               
religion and  offered his belief  that the  Egyptian constitution                                                               
contains religious  freedom for some Abrahamic  religions such as                                                               
Christianity and Muslim  religions.  However, people  in the U.S.                                                               
have the  right to  believe whatever  they want  to believe.   He                                                               
found freedom of  expression and the equality of  women absent in                                                               
the Egyptian Constitution.  To  a great extent, Americans tend to                                                               
take  freedom for  granted and  many don't  understand the  three                                                               
branches  of government  or the  roles each  one has  in American                                                               
government.    He quoted  Judge  Walter  Carpeneti's address  and                                                               
paraphrased comments, as follows:                                                                                               
                                                                                                                                
     ...I would  like to conclude  today with  an invitation                                                                    
     to each of youlegislators   and... anyone watching this                                                                    
     speech   to  join me in  the effort  to instill  in our                                                                    
     young  people the  same knowledge  and respect  for the                                                                    
     laws and  institutions of our  country that we  are all                                                                    
     privileged  to share.  Log on  to civics.org  and check                                                                  
     out  the  games,  web  quests,  and  lesson  plans  for                                                                    
     yourself.                                                                                                                  
                                                                                                                                
     ... Thomas Jefferson said  that "the qualifications for                                                                
     self  government  are  not innate....  [T]hey  are  the                                                                  
     result  of  habit  and  long  training.".  As  we  work                                                                  
     together  to advance  costeffective   justice, we  must                                                                    
     remember  that  the  greatest  guarantee  of  a  strong                                                                    
     future  for  all  three branches  of  government  is  a                                                                    
     citizenry   that    understands   and    embraces   the                                                                    
     fundamental principles of democracy.                                                                                       
                                                                                                                                
                                                                                                                                
REPRESENTATIVE  KELLER acknowledged  that "mandating  curriculum"                                                               
is  not a  popular thing.   Further,  no cost  is involved  since                                                               
there  are countless  sources on  this topic.   For  example, one                                                               
resource is civics.com.                                                                                                         
                                                                                                                                
9:48:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON suggested  this bill creates an unfunded                                                               
mandate.   She  understood  a lot  of  information is  available;                                                               
however, some  curricula are  better than  others.   She wondered                                                               
whether American constitutionalism sufficiently  zeroes in on the                                                               
course work required.                                                                                                           
                                                                                                                                
REPRESENTATIVE KELLER  explained the word  "constitutionalism" is                                                               
used to  direct focus  on the  values.  It  doesn't say  that the                                                               
teacher's curriculum must  take a particular "vent."   While some                                                               
may believe  the U.S.  Constitution is  a living  document others                                                               
believe the  U.S. Constitution is  a solid document.   The debate                                                               
exists and  this bill does  not "go  there."  Instead,  this bill                                                               
will  require students  to examine  the values  the founders  had                                                               
when the documents  were prepared.  It  assumes critical thinking                                                               
by  students  and teachers  of  the  source documents  to  civics                                                               
today.                                                                                                                          
                                                                                                                                
9:50:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  pointed out there  is a zero  fiscal note,                                                               
but the committee has been discussing unfunded mandates.                                                                        
                                                                                                                                
9:50:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  stated his  support for HB  31.   He said                                                               
the  public school  is  supposed  to create  good  citizens.   He                                                               
recognized  that  Alaska  is  the  port  of  call  for  many  new                                                               
Americans, ranging  from Pacific Rim  citizens to elsewhere.   He                                                               
emphasized the importance  of offering this type  of education in                                                               
Alaska's schools.   He recalled  his own school  experiences that                                                               
may have placed him on the  path to where he finds himself today.                                                               
He related  that his history  teacher made him rephrase  the U.S.                                                               
Constitution, which forced  him to understand it  and awakened in                                                               
him a respect for the U.S.  system of government.  He offered his                                                               
belief that this  bill would ensure students  have an opportunity                                                               
to learn about the essential elements of good citizenship.                                                                      
                                                                                                                                
9:51:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  said this bill  does not appear  to relate                                                               
to  teaching civics,  constitutional law,  or the  Declaration of                                                               
Independence, but  rather the bill's constitutionalism  speaks to                                                               
the  values  of  the  people  who  created  the  documents.    He                                                               
understood it would not be the study of the documents.                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER responded  that  it is  presumed that  the                                                               
documents hold the information.                                                                                                 
                                                                                                                                
REPRESENTATIVE   SEATON   recalled   previous   testimony   [last                                                               
legislature on  a similar bill]  that embodied the values  of the                                                               
people during the  timeframe.  He asked whether this  new bill is                                                               
different.   He directed attention to  page 2, line 4,  of HB 31,                                                               
which refers  to a  number of  historical written  documents that                                                               
appeared over a span of 15 years.                                                                                               
                                                                                                                                
REPRESENTATIVE KELLER  read page  2, lines  5-10, which  read, as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     (4)  a  number  of historical  written  documents  that                                                                    
     appeared over a  span of 15 years continue  to serve to                                                                    
     define  our national  identity  and our  constitutional                                                                    
     republic  form   of  government:  the   Declaration  of                                                                    
     Independence,  the   first  state   constitutions,  the                                                                    
     Articles  of  Confederation,  the Constitution  of  the                                                                    
     United States,  the Federalist Papers, and  the Bill of                                                                    
     Rights;  a general  understanding  of the  philosophies                                                                    
     and historical contexts  that generated those documents                                                                    
     is  an essential  element in  the  education of  Alaska                                                                    
     students;                                                                                                                  
                                                                                                                                
REPRESENTATIVE  KELLER asserted  that this  is a  history mandate                                                               
and not a civics  mandate.  He said the intent of  the bill is to                                                               
draw  focus  on  the  seminal  documents  that  provide  American                                                               
values.                                                                                                                         
                                                                                                                                
9:55:54 AM                                                                                                                    
                                                                                                                                
CHRISTINE  HUTCHISON  stated she  is  a  teacher, who  previously                                                               
taught social  studies in Montana.   She offered her  support for                                                               
HB 31  and commended the introduction  of the bill.   She said in                                                               
the  fall  classrooms  observe  Constitution  Day,  which  is  an                                                               
excellent  opportunity to  bring the  U.S. Constitution  into the                                                               
classroom.   She suggested the  bill could also  allow additional                                                               
focus in  the upper grades,  which is especially  important since                                                               
this  is where  voters come  from.   She said  this could  assist                                                               
young people in  feeling privileged to vote.   In conclusion, she                                                               
looked  forward to  this being  tasked by  the committee  and the                                                               
legislature.                                                                                                                    
                                                                                                                                
9:57:52 AM                                                                                                                    
                                                                                                                                
STUART THOMPSON, stated  support for HB 31,  and paraphrased from                                                               
a prepared statement.                                                                                                           
                                                                                                                                
MR.  THOMPSON  said  the  American  Constitutional  Literacy  Act                                                               
should be passed.  The  destructive results in society for merely                                                               
embedding  elements of  constitutional  and  government study  in                                                               
social studies classes shows up  nearly everywhere.  He also said                                                               
public  ignorance of  individual  citizens' power  is the  single                                                               
greatest   condition  that   enables   corruption  and   eventual                                                               
overthrow of a government.                                                                                                      
                                                                                                                                
MR.  THOMPSON asked  members to  consider a  Thomas Paine  quote,                                                               
which he read, as follows:                                                                                                      
                                                                                                                                
     Reason  and ignorance  influence the  bulk of  mankind.                                                                    
     If  either  of  these   can  be  rendered  sufficiently                                                                    
     extensive, the machinery of  Government goes easily on.                                                                    
     Reason obeys itself; and  Ignorance submits to whatever                                                                    
     is dictated to it.                                                                                                         
                                                                                                                                
MR. THOMPSON offered to  illustrate the constitutional illiteracy                                                               
in this country.  He said  that both President Bush and President                                                               
Obama in speeches  and in conduct have asserted  that the primary                                                               
function of government is to  protect the American people.  While                                                               
this   is  "feel   good"  and   "compassionate",  protection   by                                                               
definition  and  by  the   realities  of  application  inherently                                                               
entails the restriction  or elimination of liberty  by the elite.                                                               
He offered his belief that the  complete opposite of the theme of                                                               
self-government is embodied in  Lincoln's phrase, "Government of,                                                               
by, and  for the people."   Population protection as  the primary                                                               
function  of  government  completely  contradicts  U.S.  founding                                                               
documents,  he  said.   He  referred  to the  Federalist  papers,                                                               
number 51, which read, "Justice is  the end of government.  It is                                                               
the end  of civil society.   Justice is not the  vicious savagery                                                               
of  retaliation  and revenge,  but  the  instrument developed  by                                                               
civilization  to address  writing abuses  of liberty  through due                                                               
process and the pursuit of truth."   He asserted that the pursuit                                                               
of  happiness  and  inalienable rights  per  the  Declaration  of                                                               
Independence  is  naturally  empowered  by  liberty  and  justice                                                               
according to  the political theories  of our founders.   Even the                                                               
U.S.  Pledge of  Allegiance embodies  this foundation  principle,                                                               
with the  phrase, " ...  with liberty and  justice for all."   He                                                               
asked members to consider what  future this country has when even                                                               
Presidents show  their virtual incomprehension of  the meaning of                                                               
even the U.S.  Pledge of Allegiance and no one  calls them on it.                                                               
He  asked what  future  this country  has  when educators  commit                                                               
virtual  educational  treason  by   treating  the  study  of  the                                                               
constitutional  study  of  our  government  as  static,  just  to                                                               
justify  superficial   coverage  of   it  in  a   social  studies                                                               
curriculum of  public schools.   In conclusion, he  asked members                                                               
to pass this bill.                                                                                                              
                                                                                                                                
10:01:42 AM                                                                                                                   
                                                                                                                                
CHAIR  GATTIS, after  first  determining no  one  else wished  to                                                               
testify, closed public testimony on HB 31.                                                                                      
                                                                                                                                
10:01:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  directed attention to page  2, lines 25-26                                                               
to the "curriculum segment" and  the graduation requirement in HB
31.   He asked for the  definition of a "curriculum  segment" and                                                               
the length of time span, such  as whether it would be a year-long                                                               
class, a semester class, or a portion of a civics class.                                                                        
                                                                                                                                
REPRESENTATIVE   KELLER   said   the   bill   would   allow   the                                                               
superintendent and  local district  to make the  determination of                                                               
on the "curriculum segment."                                                                                                    
                                                                                                                                
10:02:49 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE REINBOLD offered her support  for HB 31.  She said                                                               
it is very important and this subject is worthy.                                                                                
                                                                                                                                
10:03:06 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE P. WILSON  moved to report HB 31  out of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.                                                                                                                          
                                                                                                                                
10:03:18 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON objected.   He  asked to  revert to  prior                                                               
discussions on the topic.  He  understood the topic of the course                                                               
includes  the documents  and an  understanding of  the documents,                                                               
but not the values  and the morals of the people  at the time the                                                               
documents were drawn.   For example, the morals [at  the time the                                                               
Declaration  of Independence  was  written]  would have  included                                                               
slavery, indentured servants,  and women not having  the right to                                                               
vote.  Fortunately, he noticed the  Bill of Rights is included in                                                               
this version of the bill.  In  conclusion he asked to have on the                                                               
record  HB 31  refers  to  completion of  a  history of  American                                                               
constitutionalism   curriculum   segment,   which   entails   the                                                               
documents  and contents,  but not  just the  philosophies of  the                                                               
people who created the documents.                                                                                               
                                                                                                                                
                                                                                                                                
REPRESENTATIVE KELLER  was uncertain about previous  testimony in                                                               
question  since this  is the  first hearing  for this  bill.   He                                                               
recalled  that last  legislature a  similar bill  was introduced;                                                               
however,  he  offered his  belief  that  the specific  bill  also                                                               
included  the  Bill  of  Rights.    He  did  not  understand  the                                                               
distinction between the values and  morals of the people involved                                                               
and  the values  found in  the seminal  documents.   He said  the                                                               
bill's purpose  is the values  found in the documents  related to                                                               
human government.                                                                                                               
                                                                                                                                
10:04:58 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON removed  his  objection.   There being  no                                                               
further objection,  HB 31 was  reported from the  House Education                                                               
Standing Committee.                                                                                                             

Document Name Date/Time Subjects
01 HB 31-A Bill Text.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
02 HB 31 Sponsor Statement.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
03 HB 31 Sectional Analysis.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
04 HB 31Fiscal Note - EED-TLS-3-21-13.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
05 HB 31 Backup - AS 14.03.075.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
06 HB 31 Backup - AK ED PLAN.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
07 HB 31 Backup AK Content History 06.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
08 HB 31 Backup 4 AAC 04.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
09 HB 31 Backup Ak History stand 06.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
10 HB 31 Backup - Transcript - Chief Justice Walter Carpeneti.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
11 HB 31 Backup - Article - Handouts, Morality and Common Sense - Williams.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
12 HB 31 Backup - BILLS-108hr1078ih.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
13 HB 31 Backup - BILLS-108s504rfh.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
14 HB 31 Backup - Article - Civic's dunces Natl.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
15 HB 31 Backup - 44 pages unconstitutional laws.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
16 HB 31 Backup - Price Paid.pdf HEDC 3/27/2013 8:00:00 AM
HB 31
17 HB 31 HB 5 Letter Support - Healy.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
18 HB 31 HB 5 Letter Support - Haines.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
19 HB 31 HB 5 Letter Support -Anchorage.pdf HEDC 3/27/2013 8:00:00 AM
HB 5
HB 31
01 HB 162 Bill Text.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
02 HB 162 Sponsor Statement.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
03 HB 162 Fiscal Note EED-TLS-3-14-13.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
04 HB 162 Support Doc - The Next American 10-23-2012.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
05 HB 162 Support Doc-Pro & Con ProCon.org-updated 02-05-2013.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
06 HB 162 Support Doc-Teacher Tenure ProCon.org-Updated 02-05-2013.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
07 HB 162 Support Doc-Teaching Quality Teacher Tenure 09-2011.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
08 HB 162 Support Doc-Time Mag. Artical Nov. 2008.pdf HEDC 3/22/2013 8:00:00 AM
HEDC 3/27/2013 8:00:00 AM
HB 162
09 HB 162 Amendment No. 1.pdf HEDC 3/27/2013 8:00:00 AM
HB 162
10 HB 162 Amendment No. 2.PDF HEDC 3/27/2013 8:00:00 AM
HB 162