Legislature(2013 - 2014)CAPITOL 106

03/31/2014 08:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 45 ELECTRONIC BULLYING IN SCHOOLS TELECONFERENCED
Moved Out of Committee
+= HB 189 HAZING TELECONFERENCED
Moved CSHB 189(EDC) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
              HB 45-ELECTRONIC BULLYING IN SCHOOLS                                                                          
                                                                                                                                
8:06:07 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced that the  first order of business would be                                                               
HOUSE BILL NO. 45, "An  Act relating to harassment, intimidation,                                                               
or bullying by students attending a public school in the state."                                                                
                                                                                                                                
8:06:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MIA  COSTELLO,  Alaska State  Legislature,  as  a                                                               
joint  prime sponsor  of HB  45, reiterated  that this  would add                                                               
language to a definition portion  of statute [language related to                                                               
electronic communication].                                                                                                      
                                                                                                                                
8:07:14 AM                                                                                                                    
                                                                                                                                
SARAH  PAGE, Staff,  Representative  Mia  Costello, Alaska  State                                                               
Legislature, on  behalf of one  of the  joint sponsors of  HB 45,                                                               
Representative  Mia  Costello,  explained that  this  bill  would                                                               
change  the  definition  in  statute   related  to  bullying,  by                                                               
inserting  "electronic" and  "communication"  into  the types  of                                                               
communicative  acts   that  could  be  considered   as  bullying,                                                               
harassment, or  intimidation.   This bill  specifically addresses                                                               
bullying in public schools in Alaska.                                                                                           
                                                                                                                                
8:08:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  referred  to  page 2  of  the  memo  from                                                               
Legislative Legal Services  dated December 31, 2012  from Jean M.                                                               
Mischel, which read:                                                                                                            
                                                                                                                                
      An "intentional written, oral, or physical act" does                                                                      
      not, in my opinion, exclude threats spoken through a                                                                      
     telephone or voice messaging system.                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON asked whether  the Department of Law agrees                                                               
with the legislature's  legal services in terms of  the extent of                                                               
the current law.                                                                                                                
                                                                                                                                
REBECCA  HATTAN,  Assistant  Attorney General,  Labor  and  State                                                               
Affairs Section,  Department of Law,  answered that she  has read                                                               
Ms. Mischel's memo  regarding HB 45.  She said  Ms. Mischel makes                                                               
an  excellent point  that she  largely  agrees with.   This  bill                                                               
would provide  additional clarity  that might  make moot  a legal                                                               
argument that  the definition doesn't  extend to  electronic acts                                                               
which might  not have been  contemplated by the  legislature when                                                               
the  enabling legislation  was passed.   She  offered her  belief                                                               
that passage of HB 45 would make that argument moot.                                                                            
                                                                                                                                
8:10:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  about  the  specific  distinction                                                               
between  oral communication  and physical  act.   He referred  to                                                               
page  1, line  11  and  asked for  further  clarification on  the                                                               
effect of  eliminating "communication",  so the  definition would                                                               
then  read, "means  an intentional  written, electronic,  oral or                                                           
physical act, ...."  He  further asked whether "communication" is                                                               
essential to this language.                                                                                                     
                                                                                                                                
MS. HATTAN deferred to the sponsor  to clarify, but said it seems                                                               
that  the language  captures the  ways students  communicate with                                                               
each other  continually evolves and this  language recognizes new                                                               
forms of communication as it develops electronically.                                                                           
                                                                                                                                
8:11:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON inquired  about the scope  of bullying,                                                               
for example, whether  the activity needs to  happen during school                                                               
or   if  evening   or  electronic   communication  can   also  be                                                               
considered.                                                                                                                     
                                                                                                                                
MS. HATTAN  acknowledged the  importance of  this question.   She                                                               
characterized  this  as a  complex  question  that has  been  the                                                               
subject  of  litigation in  federal  and  state courts  for  many                                                               
decades.  A 1969 U.S. Supreme  Court case, Tinker vs. Des Moines,                                                               
is  still used  to answer  that question.   She  said there  is a                                                               
famous quote in  which the high court agreed  that students' free                                                               
rights should be  protected and said, "Students  don't shed their                                                               
constitutional rights at the school  house gates."  She said that                                                               
First  Amendment  rights  exist;  however,  as  a  counterweight,                                                               
schools have a strong interest  in promoting order and instilling                                                               
certain values in their students.                                                                                               
                                                                                                                                
MS. HATTAN  stated that  a more recent  U.S. Supreme  Court case,                                                               
Morse v. Frederick, 2007 - the  Juneau "Bong Hits for Jesus" case                                                               
asked a similar  question.  The speech at issue  in that case did                                                               
not take  place on school  grounds but occurred during  a school-                                                               
sponsored event  held during school  hours.  The court  held that                                                               
enough of a connection existed  between the speech and the school                                                               
day that  punishment was considered  legitimate.  The  Morse Case                                                               
has been  used in  several cases throughout  the U.S.  related to                                                               
cyberbullying.   These cases use  the test  in the Morse  case to                                                               
answer the very  question, "How tangential is  this connection or                                                               
how substantial  is this  connection between  the school  day and                                                               
the speech."   For  example, a  student may  be so  devastated by                                                               
comments  made on  Facebook or  with other  communication devices                                                               
that  the student  feels threatened  by  his/her peers;  however,                                                               
these  rules aren't  clearly defined.   She  said that  the cases                                                               
have  been factually  specific,  noting that  the Alaska  Supreme                                                               
Court has yet to weigh in.                                                                                                      
                                                                                                                                
8:15:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked how important the  school hours were                                                               
in Morse v. Frederick.                                                                                                          
                                                                                                                                
MS. HATTAN  answered that  it was relevant.   The  most important                                                               
consideration was the value or  lack thereof since people weren't                                                               
able to  ascertain what the student  tried to say with  a strange                                                               
slogan unfurled  on a banner ["Bong  Hits for Jesus"].   In terms                                                               
of upholding the school district's  right to mete out punishment,                                                               
the factors cited were that it  took place during school hours at                                                               
a school-sponsored event.  However,  some of the more recent U.S.                                                               
Supreme Court  decisions used  the Morse  v. Frederick  ruling to                                                               
uphold  school  punishments  that  happened at  home  outside  of                                                               
school hours.                                                                                                                   
                                                                                                                                
8:16:14 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS reported  having attended  a  forum where  students                                                               
brought this  as a topic, and  while some were not  supportive of                                                               
HB 45,  others remarked that  they were being bullied.   Although                                                               
the teenagers didn't want to  give up any First Amendment rights,                                                               
these  students also  agreed  that something  needed  to be  done                                                               
since bullying harmed other students.                                                                                           
                                                                                                                                
8:17:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  said it  is important  to note  that this                                                               
bill does not make "cyberbullying"  a crime but the offense would                                                               
be reportable to a school official.   He asked how often any type                                                               
of bullying is reported.                                                                                                        
                                                                                                                                
MS. HATTAN didn't know, but the deferred to the department.                                                                     
                                                                                                                                
REPRESENTATIVE  P.  WILSON suggested  that  schools  may need  to                                                               
decide how to  handle these situations at a local  level based on                                                               
the facts, but this bill will lead to schools taking action.                                                                    
                                                                                                                                
CHAIR GATTIS commented that HB 45  brings us forward to the world                                                               
of cyberspace.                                                                                                                  
                                                                                                                                
8:19:33 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS, after  first  determining no  one  else wished  to                                                               
testify, closed public testimony on HB 45.                                                                                      
                                                                                                                                
8:19:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  referred  to  page  3,  item  3,  of  the                                                               
aforementioned  Legislative  Legal  memo,  which  read,  "Whether                                                               
accomplished  through electronic  or other  methods, bullying  is                                                               
not  described as  a specific  crime under  our Model  Penal Code                                                               
structure;...."   He said  this brings  it back  to the  nexus of                                                               
school enforcement  policies.   He expressed  concern that  if it                                                               
isn't  clear   that  school  enforcement  policies   can  control                                                               
cyberbullying  that students  could  be  charged with  harassment                                                               
under the penal  code.  He preferred to have  this matter handled                                                               
by  the  schools  rather  than to  have  students  face  criminal                                                               
charges.  He stated support for the bill.                                                                                       
                                                                                                                                
8:21:04 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER stated the  sponsor statement indicates HB
45  will require  school  districts to  create  a policy  against                                                               
electronic bullying,  commonly known  as cyberbullying.   He said                                                               
he  did not  see  this  requirement in  the  bill  and asked  for                                                               
further clarification on what is being recommended.                                                                             
                                                                                                                                
8:21:27 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE COSTELLO  clarified that the bill  further defines                                                               
the  statute by  adding "electronic"  as a  means of  harassment,                                                               
intimidation  or bullying.   If  school districts  currently have                                                               
policies  on   bullying,  it  would  require   the  districts  to                                                               
recognize  electronic  or  cyberbullying.    These  policies  are                                                               
school district decisions, but the  statute indicates the need to                                                               
recognize  electronic  communication.     She  related  that  she                                                               
introduced the  bill on behalf of  a high school student  and the                                                               
Dimond  High  School student  government  classes  have passed  a                                                               
resolution  supporting  HB  45.     These  high  school  students                                                               
recognize  that   the  school  environment   includes  electronic                                                               
communications and it helps to have a policy.                                                                                   
                                                                                                                                
8:23:22 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  acknowledged   the  current   statutory                                                               
language.                                                                                                                       
                                                                                                                                
8:23:41 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER  moved to  report HB  45 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
note.   There being  no objection,  HB 45  was reported  from the                                                               
House Education Standing Committee.                                                                                             

Document Name Date/Time Subjects
HB189 Ver O.PDF HEDC 3/31/2014 8:00:00 AM
HB 189
HB189 Ver O Sectional.PDF HEDC 3/31/2014 8:00:00 AM
HB 189
HB189 Ver O Explanation of Changes.PDF HEDC 3/31/2014 8:00:00 AM
HB 189
HB189 Sponsor Statement.PDF HEDC 3/31/2014 8:00:00 AM
HB 189
HB 189 fiscalNote DOA.pdf HEDC 3/31/2014 8:00:00 AM
HB 189
HB 189 fiscalNote DOA - Public Defender.pdf HEDC 3/31/2014 8:00:00 AM
HB 189
HB 189 fiscalNote - EED.pdf HEDC 3/31/2014 8:00:00 AM
HB 189
HB 189 fiscalNote - DOL.pdf HEDC 3/31/2014 8:00:00 AM
HB 189
HB 189 fiscalNote - DOC.pdf HEDC 3/31/2014 8:00:00 AM
HB 189