Legislature(2005 - 2006)CAPITOL 106
04/11/2006 03:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB467 | |
| SB177 | |
| HB426 | |
| HB482 | |
| HB467 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 467 | TELECONFERENCED | |
| += | HB 426 | TELECONFERENCED | |
| += | HB 482 | TELECONFERENCED | |
| += | HB 29 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 177 | TELECONFERENCED | |
| += | HB 468 | TELECONFERENCED | |
HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION CHAIR WILSON announced that the next order of business would be HOUSE BILL NO. 482, "An Act relating to harassment, intimidation, and bullying in schools." 4:09:26 PM REPRESENTATIVE ANDERSON moved to adopt CSHB 482, Version 24- LS0053\L, Luckhaupt, 4/10/06, as the working document. There being no objection, CSHB 482, Version L, was before the committee. 4:10:12 PM CRYSTAL NOVOTNEY, Staff to Representative Tom Anderson, Alaska State Legislature, introduced HB 482, on behalf of Representative Anderson, prime sponsor, paraphrasing from the following written statement [original punctuation provided]: Clearly, bullying in our schools is a problem. It is an issue with lasting effects resulting in problems from poor academic performance on one end of the spectrum to incidents of horrific and tragic violence on the other. It has been suggested that on some level perhaps some degree of bullying is "necessary" as part of growing up and developing the coping and conflict resolution skills required for adult life. However, there is a vast difference between "peer conflict" and "bullying". Granted, at some point in each of our lives, we may be "picked on" or "put down" and experience periods of relative unpopularity. While these experiences are not pleasant, and may indeed be valuable in developing critical life skills, generally they do not rise to the level of bullying. Bullying is a consistent and systematic process of degradation, humiliation, and violence. Bullying is intended to control and dominate a person by fear and intimidation. I believe people who suggest that bullying is a good thing; have never been exposed to it. Some cite athletic coaches or military drill instructors as examples of those who use bullying effectively. However the challenges, difficulties and motivational techniques those positions, and others like them, employ are ultimately designed to improve a person, to encourage a person to challenge themselves and to exceed their own expectations. Coaches and drill instructors gain no benefit in exposing those in their charge to routine and systematic humiliation with no other end than the ultimate destruction of a person's self-esteem and self-worth. To the contrary, their sometimes-harsh treatment is designed to build them up. Furthermore addressing bullying is as critical to the victims as to the bully themselves. There is no question the damage bullying inflicts on the victim, but in considering this issue, we often overlook the long-term social damage to and from bullies by, at least, tacitly condoning their behavior. A number of studies have shown that bullies are at a much greater risk of criminal conduct and substance abuse. One study shows that 60% of males who were identified as bullies during grades six through nine were convicted of at least one crime as an adult and that thirty-five (35%) to forty (40%) had three or more convictions by the age of 24. As policymakers it is as much our obligation to protect those victimized by bullies, as it is to correct bullying behavior that prevents some of our young people from realizing a successful life and the behavior that ultimately costs us so much. 4:13:45 PM REPRESENTATIVE ANDERSON suggested that Ms. Novotney direct the committee through the [sub]sections of HB 482 and highlight the important aspects of each. Demonstrating, he said: That first [sub]section [(a)] ... [says that] a school district may adopt by 2007 a policy prohibiting harassment, intimidation, and bullying of any student. And then the district shares this policy with parents and guardians, students, volunteers, school employees, ... basically saying ... we have a policy .... ... [subsection] (b) ... where [the districts] adopt the standard policy for procedures for everyone to follow. REPRESENTATIVE ANDERSON stressed that these (sub)sections inform school districts that they may adopt a policy. MS. NOVOTNEY explained that (sub)section (c) establishes the deadline of January 1, 2007, when the Department of Education (DOE), and other interested or related community parties, may provide a school with a model policy particular to the interests of the district. REPRESENTATIVE GATTO noted the change in this section from the original language. MS. NOVOTNEY pointed out that Version I used the word "shall" in (sub)section (c), but that word and other language has been changed in Version L. 4:16:46 PM REPRESENTATIVE ANDERSON asked for an explanation of the rationale behind establishing the 2007-2008 scholastic year for school districts to initiate reporting to DOE. MS. NOVOTNEY explained that by setting the date forward it would provide time for the school districts to amalgamate their efforts in creating and implementing policy and procedures. Further, the November 30, 2007, date for the districts to provide data to DOE allows time for the department to compile a report for the legislature in January, 2008. 4:17:59 PM CHAIR WILSON noted that information in the committee packet indicates that school districts have already taken up the task of dealing with harassment, intimidation, or bullying. MS. NOVOTNEY responded that 21 states have existing bullying statutes and another 24 states are currently introducing legislation. She explained that this bill revises current Alaska statute (Article 4] Section 14.33.110. CHAIR WILSON inquired whether the intent of this bill is to establish statute for what the districts have already implemented. MS. NOVOTNEY clarified that the cited statute, entitled "Purpose of school disciplinary, and safety program," does not mention aspects of harassment, intimidation, or bullying. She explained that HB 482 directs school districts to take measures focused on these issues, pertinent to their locales. To assist the districts, she said, the bill provides for model information and training option resources. 4:20:06 PM REPRESENTATIVE ANDERSON asked how many school districts exist in Alaska. MS. NOVOTNEY responded, "Fifty-four; fifty three, or fifty- four." REPRESENTATIVE ANDERSON said: Keep in mind I didn't create this. ... an attorney from Anchorage [called] and said, "I've litigated so much of this that I think you need to codify in statute a parameter upon which school districts may utilize your verbiage in adopting their own policies and procedures." ... Is it true that every school district doesn't have a comprehensive, detailed bullying policy, hence the bill. MS. NOVOTNEY confirmed, stating that approximately 13 school districts have adopted specific harassment and bullying policies. REPRESENTATIVE ANDERSON forewarned that some school districts may oppose this bill by protesting that action around these issues can and will be dealt with appropriately under current law. However, he opined that the legislative is obligated to provide specific direction and statutory language to eliminate harassment, intimidation, and bullying. He illustrated his point, citing the mandatory Native studies issue as a parallel situation which required statute to assure educational compliance. 4:22:58 PM REPRESENTATIVE CISSNA observed that the most damaging harassment would be of a sexual orientation, and asked whether that aspect is covered in the CS. MS. NOVOTNEY confirmed that sexual harassment is herein addressed. REPRESENTATIVE CISSNA asked permission to have her aide speak on the sexual harassment issue, from her experience as a retired school counselor. 4:24:22 PM REPRESENTATIVE GARDNER inquired why the "shall" was rewritten as "may" in the CS. MS. NOVOTNEY stated that this language was altered in a previous committee for legal reasons. CHAIR WILSON interjected that the term "shall" would require that the bill be attached with a fiscal note. REPRESENTATIVE ANDERSON offered his understanding that a lawsuit could be brought if there is not a formal policy in place. He also opined that "shall" provides a flexibility to the school districts, which will be important when the bill comes before the House. 4:25:57 PM REPRESENTATIVE GARDNER stated that "shall" enforces the intention of the bill, whereas "may" does not. Without this language she asked, "Why bother with the bill, they already can do it?" 4:26:14 PM REPRESENTATIVE GATTO recalled from previous committee work on this bill, that "shall" was not, nor is it now, terminology which he is able to support. He related details of a recent successful lawsuit, lodged against the Anchorage School District, which was based on a student's off campus actions. He opined that this lawsuit came about because there was not a comprehensive policy in place. Echoing Representative Gardner's concern, he stated, "This bill has no value." Further, he inquired, "What do we gain here, ... by saying ... let's allow them to do something they're allowed to do." CHAIR WILSON opened public testimony. 4:29:23 PM KATIE SINGLETON, Bye-Bye Bullies, stated support for HB 482, and paraphrased from the following statement [original punctuation provided]: There are a few reasons I think this bill is important and should be passed. 1st - Bullying is bad for everyone involved. Many bullies become convicted criminals as adults. Victims drop out of school or become rageful against other students. Even By-standers are negatively affected - they can become apathetic toward the violence. There are experts all over N. America and Europe that have proven that children who are taught how to deal with bullying can change the culture of a school so that bullying and harassment are not tolerated. And also these skills taught to children in school can serve them well as adults. We all knew bullies as children, and we probably all know bullies now. It can be life changing for a young person to have the skills to deal with bullies. Another good reason for this legislation is that schools should be held responsible for the safety of their students. Most schools have anti-bullying policies. A lot of these can be useless at best, but can even be harmful if victims are punished under zero tolerance policies. Victims of bullying can turn on their school - using vandalism and lethal violence - like that at Columbine and even in Bethel a few years ago. Research based anti-bullying programs, not just vague policies are needed to actually reduce bullying in a school. I don't necessarily believe our schools need to be legislated at every turn - but we know that research- based anti-bullying programs can reduce school violence and dropout rates - this can save money in the long run. It can create a culture that is intolerant of bullying in all of Alaska's schools. Teachers can teach. Students can learn. Money won't be wasted on lawsuits, vandalism, discipline and enforcement of bad policy. Students, Teachers, Parents & Schools will benefit from this legislation." 4:31:56 PM REPRESENTATIVE GATTO referred to Ms. Singleton's mention of the Bethel and Columbine murders and asked how an anti-bullying bill could have prevented these incidents. MS. SINGLETON pointed out that the perpetrators at Bethel and Columbine were victims of bullying. She opined that if these rage filled students had received appropriate support or had learned other ways to vent their anger the outcome may have been very different, and she related her own experience of being bullied as a child. 4:33:25 PM REPRESENTATIVE GATTO asked for substantiation of her statement: "We know that we can reduce violence in the long run." MS. SINGLETON responded that the research based programs currently in use have statistically shown a reduced violence in schools. She named two programs that are currently instituted in schools, as proven models. 4:34:50 PM REPRESENTATIVE GARDNER stated and moved Amendment 1, to read as follows: Page 3, line 14, Following "creed," Insert "sexual orientation," 4:36:03 PM REPRESENTATIVE ANDERSON objected to the amendment for the purpose of discussion. 4:37:02 PM CINDY FOLSOM, Staff to Representative Sharon Cissna, Alaska State Legislature, Retired School Counselor, stated support of HB 482, Amendment 1, and said that in her seventeen year career, she experienced an 80-90 percent rate of bullying complaints to have sexual connotations. This is an important aspect to be considered, she said. Responding to a question, she explained that casual comments may strike students very differently depending on the individual's situation, cautioning how harmless a negative remark may seem on the surface. 4:38:59 PM REPRESENTATIVE GATTO provided his observation of the casual use of negative terminology by today's teenagers. He asked whether a teenager's casual comments should be taken literally. CHAIR WILSON recalling her experience as a school nurse, stated that on some level comments may need to be taken seriously. REPRESENTATIVE GARDNER echoed that for some students a comment may be meaningless and taken casually in the manner it was intended. However, for a student who is struggling emotionally/socially, the same comment could have a harsh, deleterious effect. She pointed out that a challenged student who does not have adequate coping abilities may respond negatively to stereotypical terminology when it does not apply directly to them but possibly to a family member. REPRESENTATIVE ANDERSON removed his objection to the amendment. Further, he pointed out that the bill language provides latitude for school administrators to report aggressive comments or acts of disparagement, in a discretionary manner. 4:41:23 PM REPRESENTATIVE GATTO inquired whether the 80-90 percent estimate, provided by Ms. Folsom, represented substantiated harassment incidents or if it also included reports of casual comments. 4:41:40 PM CHAIR WILSON stated: I believe that ... administrators ... are not going to zero in on ... flippant words. ... They will ... zero in ... when things ... [need] attention .... Administrators in schools ... have a good idea of what's real and what's not. 4:42:19 PM REPRESENTATIVE GATTO suggested that if the numbers quoted by Ms. Folsom are credible then a horrendous situation must exist. He questioned the validity of the numbers, and he opined that this bill could not possibly address a situation of the magnitude implied. REPRESENTATIVE ANDERSON offered that Ms. Folsom's testimony indicated that 80-90 percent of harassment claims were egregious enough for students to seek counseling. Additionally, he said that this bill has merit to continue deliberation. 4:43:08 PM CHAIR WILSON announced that hearing no further objection, Amendment 1 was adopted. 4:43:25 PM REPRESENTATIVE GARDNER stated and moved Amendment 2, to read as follows: Page 1, line 6, Delete "may" Insert "shall" REPRESENTATIVE GARDNER stated: I do understand the concern about liability issues, nevertheless, without "shall" there is not much point in this ... bill. If we believe school districts should have an anti bullying policy then let's work on this bill and pass it out. REPRESENTATIVE ANDERSON stated and moved Amendment 1, to Amendment 2, to read as follows: Page 2, line 5, Delete "may" Insert "shall" Hearing no objection Amendment 1, to Amendment 2, was adopted. REPRESENTATIVE GATTO objected to Amendment 2, and pointed out that this amendment would require the bill to have a finance referral, thus sending the bill to another committee. CHAIR WILSON confirmed that the bill would be reported to the finance committee. REPRESENTATIVE SEATON pointed out that with the deadline for hearing bills in the House approaching, adopting Amendment 2 would essentially be "killing the bill," and he stated objection to the amendment. REPRESENTATIVE GATTO pointed out that by removing Amendment 2, the amendment to the amendment would also be removed. REPRESENTATIVE GARDNER asked for further affirmation that this bill would not be able to pass the House this year if a fiscal note were attached. REPRESENTATIVE GARDNER withdrew Amendment 2. 4:46:57 PM REPRESENTATIVE ANDERSON asked MS. Novotney how the bill could be altered to avoid a fiscal note attachment. MS. NOVOTNEY pointed out that striking page 2, subsection (c), would eliminate that concern. Further, she stated that maintaining the page 2, line 5, "may" would also avoid a fiscal note. 4:48:04 PM REPRESENTATIVE GARDNER stated: Understanding that each school district shall adopt a policy, but not requiring the department ..., to provide a model policy, allows an amendment ... CHAIR WILSON offered that the School Board Association (SBA) has several model policies that are available to schools. 4:48:33 PM MS. NOVOTNEY reported that the Fairbanks North Star Borough School District is implementing the Safe Schools/Healthy Students initiative. REPRESENTATIVE GARDNER stated and moved Amendment 3, to read as follows: Page 1, line 6, Delete "may" Insert "shall" There being no objection, Amendment 3 was adopted. 4:49:23 PM REPRESENTATIVE SEATON directed the sponsor's attention to page 2, line 11, and read the sentence beginning: "The department shall post ...." He asked whether that language would invoke a fiscal note. REPRESENTATIVE ANDERSON recommended that the sentence be struck. Responding to a question, he clarified that an amendment to strike the language [page 2, lines 11-13] through the word "provide" would be acceptable and would not invoke a fiscal note. 4:51:44 PM REPRESENTATIVE SEATON stated and moved Amendment 4, to read as follows: Page 2, Line 11, Delete "also post" Line 12, Delete "a brief summary of the policies, programs, partnership, vendors, and instructional and" Line 13, Delete "training materials for each school district and" There being no objection, Amendment 4 was adopted. 4:52:23 PM REPRESENTATIVE ANDERSON moved to report CSHB 482, Version 24- LS0053\L, Luckhaupt, 4/10/06, as amended, out of committee with individual recommendations and the accompanying fiscal notes. 4:52:40 PM REPRESENTATIVE SEATON objected, and pointed out that the Council on Domestic Violence & Sexual Assault should be involved in the development of this bill. He reminded the committee that the Council's purview is to coordinate and to develop programs. He opined that this aspect will be brought forward in the judiciary committee. REPRESENTATIVE SEATON removed his objection. 4:53:27 PM REPRESENTATIVE GATTO objected, and opined that this type of legislation continues to remove responsibility for children's behavior from parents and places more responsibility on school officials. He pointed out that although many schools have already adopted a policy to address this issue, the bill mandates that every school must implement a policy. He reiterated that this bill provides fodder for attorneys, and further expounded his original reservations. 4:54:36 PM REPRESENTATIVE GARDNER stated an understanding of Representative Gatto's concerns, but stated, "This bill isn't about the bullies, it's about the victims, and that is where we all have a responsibility." 4:54:56 PM REPRESENTATIVE GATTO withdrew his objection. 4:55:17 PM CHAIR WILSON announced that there being no further objection, CSHB 482(HES) was reported out of the House Health, Education and Social Services Standing Committee. 4:55:44 PM
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