Legislature(2001 - 2002)
02/28/2001 08:04 AM House EDU
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 99-SCHOOL DISCIPLINE AND SAFETY CHAIR BUNDE announced the committee would hear testimony on HOUSE BILL NO. 99, "An Act relating to school discipline and safety programs; and providing for an effective date." Number 0163 REPRESENTATIVE LESIL MCGUIRE, Alaska State Legislature, came forth as sponsor of HB 99. She explained: HB 99 ... amends Title 14 of the Alaska Statutes to include policies that will seek to initiate student conflict resolution curriculum. It seeks to recognize and enforce existing behavior standards by giving students alternatives to solving problems besides the use of violence. It is our hope that students learn valuable lessons that will result in a safer education environment, by integrating this way of learning [into] schools' core curriculum. These policies are [targeted] at helping students resolve problems before they escalate. Number 0231 REPRESENTATIVE MCGUIRE stated that the need for this bill has been brought to light through a series of incidents across the state, beginning with the taping of a fight at Service High School [in Anchorage] that was observed by approximately 150 spectators. In Representative McGuire's district, at Dimond High School, there was a fight in which one [student] used an aluminum bat and rendered [another student] unconscious. He was in a coma for a couple of weeks. She said that two students at East High School were recently in a fight in which one student used a knife, and this past Saturday, in Soldotna, two teenagers were arrested after fighting each other with a knife and a hammer. She added that this bill is a meager attempt at trying to allow schools to focus on the problem of dispute resolution and violence. She noted that her original bill would have set up an actual program, but that is not possible now with the lack of finances. Therefore, she seeks to amend the bill and replace it with language that would allow [schools] to implement policies. [In packets was a document marked "sponsor's Proposed CS Language", which read: "(7) Policies for implementing student conflict resolution strategies that include the nonviolent resolution or mediation of conflict and must provide procedures for reporting and resolving conflicts." This was later adopted as Amendment 1.] Number 0328 REPRESENTATIVE MCGUIRE stated that one success story is the [Chugiak High School Peaceable Program]. Chugiak, without the help of legislation, sought ways to help train its students in nonviolent conflict resolution, and has received a federal grant to create a pilot program. Number 0406 REPRESENTATIVE GREEN shared that his oldest daughter led a conflict resolution program in a high school in Orange County, California, for about five years. The program was dropped [because of financial difficulties]. He remarked that when the program was instituted, [gangs and violence] significantly decreased. He added that since the program was dropped, fighting has gone back up. He stressed that the program does work; however, it is expensive. Number 0495 CHAIR BUNDE asked why the bill is necessary if [schools] are already able to [have conflict resolution programs]. REPRESENTATIVE MCGUIRE answered that HB 99 amends HB 253 that was instituted last year. She remarked that some of the same questions were asked about HB 253, such as: Why put into law something that some schools are already doing? She expressed that the point [of HB 99] is to raise awareness, both on a public level and an individual school level. While some schools do take the initiative, most do not. She added that even with the lack of resources to create a program, this is a step in the right direction for schools to focus on existing resources, counseling staff, and teachers who might have a dispute resolution background. One of the things that Chugiak has done is to use peers who have been involved in conflicts. She added that her other hope is that [HB 99] will encourage schools to be innovative and seek grants. Number 615 CHAIR BUNDE remarked that he is sensitive to unfounded mandates. He clarified that the bill, as originally written, would cost somewhere between $20 and $100 for the conflict resolution materials for each teacher, and about $30,000 for staff training. He added that although [HB 99] doesn't have a fiscal note for the state, it would have a fiscal impact for school districts. He asked: If a school voluntarily decides to do this, what would [teachers], whose days are already so full, have to give up? REPRESENTATIVE MCGUIRE replied that she thinks some of those concerns were addressed when HB 253 was passed last year. She noted that it was encouraging when the Anchorage School District newsletter had a profile on HB 253, which brought to light what schools were required to do. Many of the schools "waived out" and many already had policies in place that addressed these concerns. She said that she feels the safety of children and developing skills to help them prevent violence are important enough topics to require some innovation from the schools. She said in the event that it is not possible for schools to seek federal and state grants, perhaps students could be briefed with something as simple as Chugiak's basic policy. She added that, at a minimum, this would start a conversation at the school level. She stated that she is not proposing that schools dramatically take away teachers from other coursework, or create programs that would drain resources from other required areas. By the same token, she said, any effort to raise awareness in schools is going to be helpful. Number 0847 REPRESENTATIVE GREEN made a motion to adopt the sponsor's proposed language [provided previously] Amendment 1. There being no objection, Amendment 1 was adopted. Number 0890 REPRESENTATIVE JOULE remarked that he took a class [in high school] called Social Studies, which dealt with conflict resolution. He asked whether this could be something put into the curriculum at minimal cost so it would just be a matter of course for students. REPRESENTATIVE MCGUIRE responded that when she took Social Studies at Dimond High School, [conflict resolution] was not a component. She added that many of the programs in schools, such as student government, already encourage student leaders and incorporate some of these methods. However, in her opinion, they are not reaching a broad enough base. Number 1049 REPRESENTATIVE GREEN stated that he is concerned that if something is being put into statute that is merely a suggestion, without some form of incentive, it won't be accepted. He asked whether Chugiak's response could be administered throughout the school districts without having to change that statute. REPRESENTATIVE MCGUIRE answered that it is complicated. She said that in the past month and half she has explored many of the ideas Representative Green has suggested and can't come up with one that works. She remarked that Representative Dyson, last year, faced the same challenge when he presented HB 253. He sought to find a way to implement basic values in the school systems in order to keep students and educators safe; however, there wasn't any success. She added that it is wrong to say that because [HB 99] won't accomplish everything, it's not a worthy effort. Any step that will raise the level of awareness about violence and alternative dispute resolution is positive. She said it is necessary to think realistically; it is going to be more effective if schools can find grants and ways for funding. Number 1229 SANDY ANDERSON, Teacher and Co-Facilitator of Conflict Resolution, Chugiak High School, testified via teleconference. She said that [Chugiak High School] implemented the [conflict resolution program] through references or requests for mediation from the discipline office, the security office, and the teachers. Through education on how the process works and how effective it could be in the classroom, [the staff] have learned that it can be used as an early intervention to classroom conflicts and disruptions. MS. ANDERSON stated that school districts do need some incentive on implementing this program. She said that working with the teachers in the classroom and with the discipline principle has helped to infuse the [conflict resolution] program in the school so that it is part of the every day operating schedule. She said that the program receives requests on a daily basis, and staff members plan and utilize their lunch hour and conference periods to help supervise mediations. She added that Chugiak has over 20 trained [student] mediators this year who will give up their lunch hour to help mediate or to work with their peers to help settle a problem. Through this process, a lot of potential suspensions have been eliminated. Number 1334 CHAIR BUNDE asked if the remediation requests come from the students, the teachers, or both. MS. ANDERSON answered that they can come from both. She noted that the percentage of requests coming from teachers and students has increased this year. She remarked that students are seeing this as a way of interacting more appropriately with their peers when they have a confrontation regarding a rumor, name-calling, or pushing and shoving. Teachers are looking at it as, "I've got a couple of kids in my class that are interacting inappropriately. It's not to the point that it's a disciplinary issue, but it is distracting. I don't have time to deal with it; I'm doing academic things. Can you handle this situation?" Therefore, [these students] are referred [to mediation]. In those instances, many teachers, afterward, say that the entire classroom atmosphere is more pleasant and more positive. Number 1394 REPRESENTATIVE PORTER asked if this is being done with peer counseling, with students, or with just counselors. MS. ANDERSON answered that this is being done with peer mediators, students who have been trained in a special workshop so that they can lead the process. She said that this is more effective, peer relating to peer, because they can relate on the same level. CHAIR BUNDE asked whether [the mediations] are done under adult supervision. MS. ANDERSON replied that they are. She said that there are five teachers who have helped with mediations who are able to sit in with the student mediators. She added that there is also adult supervision for the teacher-to-student disputes. CHAIR BUNDE asked if she knew the cost to the district per year. MS. ANDERSON replied that right now it is costing approximately $5,000 to $6,000. Number 1450 REPRESENTATIVE STEVENS asked if she could be more specific as to what the costs are. MS. ANDERSON answered that part of the cost has to do with the training workshop and part has to do with reimbursing time for teachers who give up their time to do the training and mediation. She said she shares the concern that teachers already have a full load. She added that she and Judy Mathewson, co-facilitator, have flexible schedules so that they are able to give up their conference and lunch period on a daily basis to help set up the mediation, attend the mediations when necessary, talk with parents and students regarding the mediations, and go into the classroom and work with the teachers. She said that the principal supports the program "110 percent" and is willing to take grant money to compensate the sponsors and provide financial support. She stated that in the spring she and Judy Mathewson will be teaching a class, open to all Anchorage School District employees, that will teach other schools in the school district how to set up a program like the one in Chugiak. Two high schools [whose representatives will be attending] the class have received grants to carry through the Peaceable School Program in their schools. Number 1551 CHAIR BUNDE said that the committee has been led to believe that it would cost $30,000 or $40,000 or $50,000 a year per school, depending on the school. MS. ANDERSON replied that she had only addressed the cost of the peer mediation, which is just one portion of the Peaceable Schools Program. [Peer mediation] is the most visible and active portion; however, there are other programs, such as the Positive Action Committee. Number 1610 MELODY RADCLIFF, Teacher, Chugiak High School, testified via teleconference. She stated that the Drug-Free Schools Program receives a grant that is distributed to the various high schools. Chugiak High School has received about $4,500 for various aspects. She said that the Positive Action Committee is a committee of representatives from each of the school's clubs and activities that meets four times a year for scheduled meetings as well as during a crisis situation. The purpose of this body is to make sure that when there is a problem, accurate information is distributed among the student body. Another committee that was created is the Student Forum, which is a governing body that has homeroom representatives who work on problems in the school. Number 1714 REPRESENTATIVE STEVENS remarked that this is a very important program, and he said it seems to him that it is crucial for every student to understand how conflict resolution works before a crisis arises. He asked how [Chugiak High School] ensures that every student has an opportunity to learn about how to resolve conflicts before they occur, how it is worked into the curriculum, and which curriculum it is worked into. Number 1745 JUDY MATHEWSON, Teacher and Co-Facilitator, Chugiak High School, testified via teleconference. She answered that student mediators go into the homerooms every other week and give a presentation about conflict resolution and peer mediation, not only to educate all the teachers but also to educate all the students on how to deal with conflicts. She added that there is also in-service training for the staff members. Number 1797 MS. RADCLIFF added that there is a curriculum, written by Carol Leiber (ph,) who is affiliated with Partners in Learning in the Chicago area. The Anchorage School District has invited her at least four times to help train staff and students on the principles of having a peaceable classroom and running a peaceable school. There is a 36-lesson curriculum to pull from. Ms. Radcliff stated that there is not a separate class for teaching these skills at this point but several teachers are using parts of the curriculum in their classroom to solidify those peaceable principles with their students. Number 1853 ROBERT BUTTCANE, Legislative & Administrative Liaison, Division of Juvenile Justice, Department of Health & Social Services, came forth to testify in support of HB 99. He said that the Office of Juvenile Justice and Delinquency Prevention has developed a conflict resolution program guide. He explained: The tenets of conflict resolution present a new model of interacting with, and thinking about, other people, one that challenges us to go beyond stereotypes, to consider the other's point of view, and to reach a mutually satisfactory agreement in which all parties win. If we can succeed in teaching our youth this framework for resolving their disputes, the results for them and for our society could be profound. MR. BUTTCANE said that by the time kids get into the juvenile justice system, the damage has already been done. He said that it is his job to "pull bodies out of the river" and then fix [the damage] if he possibly can, but the better solution is to keep them from getting in the river in the first place. He stated that programs like this will do that. CHAIR BUNDE asked if it is possible for a school to take the information already available from the state and try to implement a peer-mediation program. MR. BUTTCANE replied that using the ingenuity and the energy of students works to everyone's advantage, which was part of the success of Alaska's youth courts. He stated that peer mediation is another example of a how something can happen when a teen talks to a peer that doesn't always happen when an adult talks to a young person. That might help minimize some of the expense. He added that he thinks in the long term the rewards from these kinds of programs will far exceed the costs needed to be borne today. Number 1989 REPRESENTATIVE PORTER asked if it would be helpful, with the amendment now [Amendment 1], to use this as a basis for applying for grants for these kinds of programs. MR. BUTTCANE answered yes, that there are a number of grants available that support mediation programs for adults, victim offenders as well as students. He stated that creating policies within the school is one demonstration to a granting agency that there is the interest, and they could move forward and possibly consider a funding request. Number 2030 VERNON MARSHALL, Executive Director, National Education Association-Alaska (NEA-Alaska), came forth to testify in support of HB 99. He said that NEA-Alaska has been dealing with legislation regarding safe schools and discipline for four years. National Education Association-Alaska believes that the schools will be better when the communities get better. Oftentimes, the schools are reflecting what is actually going on in communities. He said this has caused NEA-Alaska to redefine its budget to deal with the issue of school safety from the perspective of students, teachers, administrators, and parents. Number 2100 MR. MARSHALL stated that the incident that occurred in Bethel caused NEA-Alaska to see that there was a need to do things differently. He said that NEA-Alaska is deploying more dollars relative to the whole issue of parent involvement and student discipline. He added that NEA-Alaska has a number of training programs and people on staff who spend a considerable amount of time working with school management, school districts, and teachers to deal with the implementation of the statute passed last year. He said establishing a policy that deals with the issue of how to address and handle anger is something that is woefully needed. MR. MARSHALL continued, stating that there are probably more personnel in districts who are addressing this issue, and that more money is being spent on situations in which anger and disruption occur in schools [than ever before]. He stated that the whole issue is for kids and parents dealing with aggression to divert their anger in more productive means. He added that NEA-Alaska has training in programs that address conflict resolution and programs for teachers dealing with classroom management and discipline. He concluded, saying NEA-Alaska hopes that HB 99 will encourage the [University of Alaska] to take a look at how teachers are trained for classroom management and discipline. TAPE 01-10, SIDE B CHAIR BUNDE remarked that the committee will not be taking any action on HB 99. [House Bill 99 was held over.]
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