Legislature(2019 - 2020)ADAMS 519

03/16/2020 09:00 AM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 24 LIMITED TEACHER CERTIFICATES; LANGUAGES TELECONFERENCED
Moved CSHB 24(FIN) Out of Committee
+= HB 185 REGISTRATION OF BOATS: EXEMPTION TELECONFERENCED
Moved CSHB 185(FIN) Out of Committee
+= HJR 15 CONST. AM: VOTES NEEDED FOR VETO OVERRIDE TELECONFERENCED
Moved HJR 15 Out of Committee
+= HB 181 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
HOUSE BILL NO. 181                                                                                                            
                                                                                                                                
     "An Act relating to mental health education."                                                                              
                                                                                                                                
9:38:21 AM                                                                                                                    
                                                                                                                                
Co-Chair Johnston  asked for a  brief reintroduction  of the                                                                    
bill.                                                                                                                           
                                                                                                                                
REPRESENTATIVE   MATT   CLAMAN,  SPONSOR,   provided   brief                                                                    
remarks.   He  believed   updating   the  health   education                                                                    
standards  to include  mental health  was long  overdue. The                                                                    
bill  would not  establish a  required curriculum  and would                                                                    
allow  local  school  districts to  determine  whether  they                                                                    
wanted to  go down the path  included in the bill.  The bill                                                                    
provided guidelines for work taking  place in many districts                                                                    
across the state.                                                                                                               
                                                                                                                                
Representative Claman shared that  he had two concerns about                                                                    
the  fiscal note.  First, he  believed the  notion the  bill                                                                    
would  require bringing  in  20  to 30  people  in twice  by                                                                    
airplane  to  conferences  in  Anchorage  to  come  up  with                                                                    
updated health  curriculum to  include mental  health seemed                                                                    
like  far  too  much  money and  had  no  justification.  He                                                                    
explained that much  of the work could be  done remotely. He                                                                    
thought the  fiscal note seemed  unusually high.  Second, he                                                                    
was  troubled   the  department  had  included   $6,000  for                                                                    
regulations and  needed legal  support for  the regulations.                                                                    
He explained that the Alaska  Administrative Code (AAC) only                                                                    
included one  section related to  education standards  - AAC                                                                    
4.04.140. He  detailed that  AAC 4.04.140(b)  specified that                                                                    
the content standards for physical  education was set out in                                                                    
the  department's   publication  entitled   Alaska  Physical                                                                    
Education Standards  as revised or adopted  by reference. He                                                                    
did  not  believe that  equated  to  $6,000 worth  of  legal                                                                    
support  for regulation.  He recognized  there  may be  some                                                                    
costs  associated   with  the  bill,  but   he  thought  the                                                                    
department's fiscal note was much  too high and out of touch                                                                    
with reality.                                                                                                                   
                                                                                                                                
Co-Chair  Johnston  asked to  hear  from  the Department  of                                                                    
Education and Early Development (DEED).                                                                                         
                                                                                                                                
LACEY SANDERS, ADMINISTRATIVE  SERVICES DIRECTOR, DEPARTMENT                                                                    
OF  EDUCATION AND  EARLY DEVELOPMENT,  OFFICE OF  MANAGEMENT                                                                    
AND  BUDGET, OFFICE  OF THE  GOVERNOR (via  teleconference),                                                                    
addressed  the sponsor's  comments on  the fiscal  note. She                                                                    
explained  that historically  each  bill  requiring DEED  to                                                                    
work with  the Department of  Law (DOL) on  regulations cost                                                                    
$6,000 to  go through  the process  based on  DOL's standard                                                                    
billing. She  explained that anytime  DEED had to  deal with                                                                    
regulations it cost  the department money. She  spoke to the                                                                    
travel  costs in  the  fiscal note.  She  detailed that  the                                                                    
bill's  intent  language  outlined  several  representatives                                                                    
DEED  would   work  with  to  develop   the  guidelines  for                                                                    
instructions.   She   elaborated   that  DEED   worked   via                                                                    
teleconference as  often as possible  and it  had determined                                                                    
that in order to bring  the involved voices together to have                                                                    
the best  conversation about what  was being  developed, two                                                                    
in-person meetings were required. The  cost was based on the                                                                    
number of people identified in the bill.                                                                                        
                                                                                                                                
9:42:28 AM                                                                                                                    
                                                                                                                                
Representative  Wool  asked if  the  number  of people  that                                                                    
would participate  in the  roundtable policy  discussion was                                                                    
30.                                                                                                                             
                                                                                                                                
Ms. Sanders replied that the  fiscal note identified between                                                                    
20 and 30 representatives of mental health organizations.                                                                       
                                                                                                                                
Vice-Chair Ortiz  asked for more  detail on the  stated need                                                                    
to have two  in-person meetings. He asked  why the in-person                                                                    
meetings were necessary.                                                                                                        
                                                                                                                                
Ms. Sanders  answered that  she was  new to  the department.                                                                    
Her understanding  was that in  the past not all  voices may                                                                    
be heard  when meetings  were held only  via teleconference.                                                                    
She  relayed that  a colleague  was available  and may  have                                                                    
more information on the need for the two meetings.                                                                              
                                                                                                                                
9:44:02 AM                                                                                                                    
                                                                                                                                
TAMARA  VAN  WYHE,  DIRECTOR,  DIVISION  OF  INNOVATION  AND                                                                    
EDUCATIONAL  EXCELLENCE, DEPARTMENT  OF EDUCATION  AND EARLY                                                                    
DEVELOPMENT (via  teleconference), relayed  that DEED  had a                                                                    
structure for  gathering stakeholder  input when it  came to                                                                    
the development  and revision of standards.  She highlighted                                                                    
how important  it was for  Alaskans to  have a voice  at the                                                                    
table.  She elaborated  that when  discussing standards  for                                                                    
students and  learning it was  critical to have  voices from                                                                    
across  the state  representing many  of the  state's school                                                                    
districts  of various  sizes and  in different  regions. She                                                                    
confirmed  that virtual  communication  was  doable and  was                                                                    
utilized  frequently  by  DEED.  She  highlighted  that  the                                                                    
current  experience  [with  COVID-19]  may  change  the  way                                                                    
things  were done  in the  future, but  historically it  had                                                                    
been  important to  have stakeholders  together in  the same                                                                    
room to  discuss standards face-to-face and  ensure that all                                                                    
of the  educators understood  the standards.  She elaborated                                                                    
that it was  important for educators to  have an opportunity                                                                    
to   learn  from   content  area   experts  and   work  with                                                                    
facilitators  to result  in standards  that had  significant                                                                    
buy-in.  She  explained  that the  standards  would  not  be                                                                    
implemented in  the school  districts if  they did  not have                                                                    
buy-in. The  goal was  for standards  to be  meaningful when                                                                    
they reached the classroom where student learning occurred.                                                                     
                                                                                                                                
Co-Chair Johnston noted that the  process described had less                                                                    
to do with the standards and  general outcome and more to do                                                                    
with  involving  the educational  community  as  a whole  in                                                                    
order to  ensure "the wheels  on the  bus are all  going the                                                                    
same direction."  When she first  saw the bill,  she thought                                                                    
that  perhaps the  development of  the  curriculum could  be                                                                    
contracted   out  and   then  discussed   with  communities.                                                                    
However,  she  believed DEED  was  saying  it took  all  the                                                                    
communities to be part of  the development of the curriculum                                                                    
to work statewide.                                                                                                              
                                                                                                                                
Ms. Van  Wyhe agreed. She explained  that it was not  just a                                                                    
document or  a set  of standards that  mattered; it  was the                                                                    
process that  mattered. She elaborated on  the importance of                                                                    
allowing educators to play a  role in developing and vetting                                                                    
those  standards  before the  standards  went  to the  state                                                                    
board   for   approval   and   to   school   districts   for                                                                    
implementation.                                                                                                                 
                                                                                                                                
9:47:15 AM                                                                                                                    
                                                                                                                                
Co-Chair Johnston  considered that  there may  be a  need to                                                                    
develop new  forms of communication.  She asked if  it would                                                                    
be  fair  for  the  fiscal note  to  reflect  one  in-person                                                                    
meeting and one follow up teleconference meeting.                                                                               
                                                                                                                                
Ms. Van  Wyhe answered that things  had changed dramatically                                                                    
over  the  past  couple  of   weeks  related  to  distancing                                                                    
practices. She explained  that the fiscal note  was based on                                                                    
the  department's current  practice (two  in-person meetings                                                                    
and  virtual meetings  in between),  which  had worked  very                                                                    
well over many years. She  believed people globally would be                                                                    
reconsidering  the  way they  gathered  (e.g.  the way  DEED                                                                    
gathered to  obtain stakeholder input). She  considered that                                                                    
it  was   possible  to  convene  one   face-to-face  meeting                                                                    
followed   by   additional  distanced   conversations.   She                                                                    
reiterated  that  the note  was  based  on the  department's                                                                    
existing practice that had worked well for many years.                                                                          
                                                                                                                                
Co-Chair  Johnston  looked at  the  $35,000  for a  one-year                                                                    
contract, $60,000  for travel,  $6,000 for legal  costs, and                                                                    
$12,000 to  print booklets. She surmised  that the committee                                                                    
could  consider reducing  the fiscal  note  by $30,000.  She                                                                    
asked  if  the  remaining  funds  would  meet  the  one-time                                                                    
meeting commitment.                                                                                                             
                                                                                                                                
Ms. Van Wyhe deferred to Ms. Sanders.                                                                                           
                                                                                                                                
Ms.  Sanders  replied  that  DEED  could  have  an  internal                                                                    
conversation and follow up with a final response.                                                                               
                                                                                                                                
Representative  Josephson remarked  that the  first time  he                                                                    
had seen  a committee change  a department's fiscal  note he                                                                    
had  been  surprised.  However, he  considered  the  $35,000                                                                    
contract  and remarked  on the  thousands  of mental  health                                                                    
experts  in  Alaska.  He  did   not  mean  to  diminish  the                                                                    
seriousness  of  the  work  but   surmised  that  a  set  of                                                                    
standards could be  developed over the course  of a weekend.                                                                    
He  believed the  two separate  in-person meetings  could be                                                                    
cut  to one  meeting, which  would  cut the  fiscal note  in                                                                    
half. He  would vote in support  for a motion to  change the                                                                    
note.                                                                                                                           
                                                                                                                                
9:50:46 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:52:01 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Johnston was  pleased to  hear the  department was                                                                    
willing  to  review  the  fiscal   note.  She  announced  an                                                                    
amendment deadline for the following afternoon.                                                                                 
                                                                                                                                
Representative Claman understood that  DEED often received a                                                                    
bill from  DOL for $6,000  for regulatory work.  However, he                                                                    
found it hard  to believe DOL would charge  $6,000 to modify                                                                    
one  paragraph in  regulation if  there were  not additional                                                                    
regulations  apart  from  the  one  he  had  identified.  He                                                                    
understood DOL  may have standard  rates, but he  would like                                                                    
DEED to  find out more  about what regulations needed  to be                                                                    
changed. He was skeptical of the $6,000 cost.                                                                                   
                                                                                                                                
Representative LeBon  stated that  the language in  the bill                                                                    
specified  that  the mental  health  element  to the  health                                                                    
curriculum a  school district  presented to  students needed                                                                    
to be established by DEED.  He continued that the department                                                                    
had two years  to develop the material to  present to school                                                                    
districts.  He asked  if districts  were expected  to accept                                                                    
the  DEED  recommendations.  Alternatively, he  wondered  if                                                                    
districts could  look at the  recommendations and  adopt the                                                                    
mental health  component of the  program based on  their own                                                                    
goals and  objectives. He wondered  if a school  board would                                                                    
be expected to give a stamp of approval without much input.                                                                     
                                                                                                                                
Representative  Claman   replied  that  he  read   the  bill                                                                    
language  a bit  differently.  He pointed  to Section  3(b),                                                                    
where the  board developed  guidelines. He  highlighted that                                                                    
the  current content  standards for  health guidelines  were                                                                    
two  pages. He  anticipated  the guidelines  that came  back                                                                    
from  DEED would  not be  significantly longer,  which would                                                                    
leave  curriculum   development  largely  to   local  school                                                                    
boards.  He  thought there  would  be  some expectation  the                                                                    
department  would   provide  some  information   beyond  the                                                                    
guidelines in  terms of what  school boards may look  for in                                                                    
their  individual   curriculum.  He  did  not   believe  the                                                                    
Fairbanks or Anchorage school  boards started the curriculum                                                                    
development process in a vacuum.  He believed they looked to                                                                    
see what information was available.                                                                                             
                                                                                                                                
Representative Claman  thought the school boards  would look                                                                    
to the  state to see  what resources were available,  but he                                                                    
believed it  would be completely  up to local  school boards                                                                    
to develop  curriculum. He hoped  that on a  statewide level                                                                    
there would be  some similarity from one  school district to                                                                    
the next.  He did not  believe the state would  dictate what                                                                    
the curriculum  would look like. Alternatively,  he believed                                                                    
the  state   would  provide  guidelines.  For   example,  he                                                                    
highlighted skills  for healthy living guidelines  that were                                                                    
broad  and left  significant  room for  school districts  to                                                                    
decide  what was  best after  consultation with  parents and                                                                    
faculty. He  did not see  the bill as imposing  any specific                                                                    
curriculum  on  any  district.   He  believed  the  existing                                                                    
guidelines  supported the  notion it  would be  easy to  fit                                                                    
within those guidelines.                                                                                                        
                                                                                                                                
9:56:36 AM                                                                                                                    
                                                                                                                                
Representative  LeBon could  not help  reading into  things,                                                                    
particularly  if  the topic  would  come  before the  school                                                                    
board. He stated  that if it was the  expectation for school                                                                    
boards to rubber stamp the  DEED recommendations, the school                                                                    
boards would  want to  see the  recommendations as  early as                                                                    
possible.  Additionally, school  boards  would  want to  see                                                                    
what  the  content would  look  like,  whether there  was  a                                                                    
fiscal  element, whether  it crowded  out  other aspects  of                                                                    
their  health  program,  and  whether it  fit  in  well.  He                                                                    
reasoned   there  were   considerations  that   each  school                                                                    
district and each  school board would have to  weigh. He was                                                                    
not reading into  the bill that it would be  mandated by the                                                                    
state to all school districts.                                                                                                  
                                                                                                                                
Co-Chair Johnston stated that  Representative LeBon may have                                                                    
made the argument for the  fiscal note. She pointed out that                                                                    
DEED had talked  about getting buy-in from all  parties to a                                                                    
certain extent.                                                                                                                 
                                                                                                                                
Representative   Claman    pointed   to   Section    3   (AS                                                                    
14.30.360(b)) and noted  that the only thing  being added to                                                                    
existing  law   was  mental   health.  He   elaborated  that                                                                    
curriculum specialists were in  existing law; therefore, the                                                                    
presumption  was  that  the  position  already  existed.  He                                                                    
believed the fiscal  note was only related  to the guideline                                                                    
development and not  to the existing role  of the specialist                                                                    
in  the department.  He shared  that his  conversations with                                                                    
school  districts  had  consistently   been  that  they  had                                                                    
significant leeway in what they wanted to do.                                                                                   
                                                                                                                                
Ms. Van  Wyhe clarified  that the  topic was  standards. She                                                                    
pointed out  that there was  a difference  between standards                                                                    
and curriculum. She relayed that  DEED supported the work of                                                                    
developing standards  and the State  Board of  Education had                                                                    
very high standards  for the standards developed  by DEED in                                                                    
terms  of  the  processes  followed by  the  department  and                                                                    
ensuring  there  was   significant  stakeholder  input.  She                                                                    
furthered that  once standards were  adopted -  standards in                                                                    
general were voluntary  as were the standards in  the bill -                                                                    
the  districts   would  take   the  standards   and  develop                                                                    
curriculum,  select instructional  materials, and  determine                                                                    
precisely  how   the  standards  and  expectations   of  the                                                                    
standards rolled out  in the districts. She  noted there had                                                                    
been a bit of confusion  between standards and curriculum in                                                                    
the past several minutes of discussion.                                                                                         
                                                                                                                                
9:59:37 AM                                                                                                                    
                                                                                                                                
Representative  Wool looked  at Section  3 of  the bill  and                                                                    
noted  that  it specified  that  a  school health  education                                                                    
specialist position  shall be established and  funded in the                                                                    
department to  coordinate the program statewide.  He assumed                                                                    
it was already in place  for the physical health program. He                                                                    
asked if  the same  person would be  tasked with  the mental                                                                    
health  program  to  eliminate  the  need  to  hire  another                                                                    
education  specialist.  He did  not  want  to keep  layering                                                                    
specialists on if possible.                                                                                                     
                                                                                                                                
Representative Claman answered that  it was existing law and                                                                    
therefore,  there   should  be  an  existing   position.  He                                                                    
clarified  that the  bill did  not call  for adding  another                                                                    
position.                                                                                                                       
                                                                                                                                
Representative  Wool recognized  that  health education  was                                                                    
being  broadened  all  of  the  time  to  include  not  only                                                                    
physical  health but  topics like  substance abuse,  healthy                                                                    
relationships,  mental health  including depression,  mental                                                                    
illness, suicide and  other related topics. He  asked if the                                                                    
department envisioned another class.  He remarked that often                                                                    
times  the physical  education teacher  was tasked  with the                                                                    
topic.  He  shared  that  at  his  kid's  school  the  class                                                                    
alternated  between health  and  gym. He  thought it  seemed                                                                    
like a  significant amount  to ask  of a  physical education                                                                    
teacher.                                                                                                                        
                                                                                                                                
10:01:55 AM                                                                                                                   
                                                                                                                                
Ms. Van Wyhe answered that  the decisions were completely up                                                                    
to  individual school  districts. She  highlighted that  the                                                                    
standards  were  voluntary,  and  it would  be  up  to  each                                                                    
district  to  determine  how to  implement  them,  what  the                                                                    
course  offerings would  look like,  and  which staff  would                                                                    
teach the  course. The department  had no  jurisdiction over                                                                    
the decisions.                                                                                                                  
                                                                                                                                
Representative  Wool asked  what  the department  envisioned                                                                    
for implementation.                                                                                                             
                                                                                                                                
Ms. Van Wyhe deferred to the bill sponsor.                                                                                      
                                                                                                                                
Representative Claman envisioned that  the state board would                                                                    
adopt  new guidelines,  which would  be  supportive of  more                                                                    
districts  incorporating  mental  health into  their  health                                                                    
education curriculum.                                                                                                           
                                                                                                                                
HB 181 was HEARD and HELD in committee for further                                                                              
consideration.                                                                                                                  
                                                                                                                                
Co-Chair Johnston reviewed the schedule for the following                                                                       
meeting.                                                                                                                        
                                                                                                                                

Document Name Date/Time Subjects
HB 24 ver. G 3.13.2020.pdf HFIN 3/16/2020 9:00:00 AM
HB 24
HB 185 ver. E 3.12.2020.pdf HFIN 3/16/2020 9:00:00 AM
HB 185
HB 30 public Testimony Red'd by 030920.pdf HFIN 3/16/2020 9:00:00 AM
HB 30