Legislature(2015 - 2016)BUTROVICH 205

04/13/2016 06:30 PM Senate EDUCATION

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06:30:49 PM Start
06:31:36 PM HB156
07:02:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 156 SCHOOL ACCOUNTABILITY MEASURES; FED. LAW TELECONFERENCED
Moved SCS CSHB 156(EDC) Out of Committee
        HB 156-SCHOOL ACCOUNTABILITY MEASURES; FED. LAW                                                                     
                                                                                                                                
6:31:36 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of HB 156.                                                                           
                                                                                                                                
6:31:48 PM                                                                                                                    
SENATOR HUGGINS  moved to adopt the  SCS for CS for  HB 156(EDC),                                                               
labeled  29-LS0566\U,   as  the   working  document   before  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
6:31:59 PM                                                                                                                    
CHRISTA  MCDONALD, Staff,  Senator  Mike  Dunleavy, Alaska  State                                                               
Legislature, presented information on HB  156. She said version U                                                               
enrolls the  six amendments that were  passed yesterday; parental                                                               
rights,  physical examinations  for teachers,  questionnaires and                                                               
surveys, technical  corrections to HB 44  training, Department of                                                               
Education and Early Development  (DEED) procurement exemption for                                                               
standardized assessment, and the repeal of the 70 percent rule.                                                                 
                                                                                                                                
CHAIR DUNLEAVY withdrew his objection and version U was adopted.                                                                
                                                                                                                                
6:33:15 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:34:34 PM                                                                                                                    
CHAIR DUNLEAVY brought the committee back to order.                                                                             
                                                                                                                                
SENATOR HUGGINS moved to adopt Amendment 1, labeled 29-                                                                         
LS0566\U.1:                                                                                                                     
                                                                                                                                
     Page 1, line 7, following "districts;":                                                                                  
          Insert   "relating   to   sex   education,   human                                                                  
     reproductive    education,    and    human    sexuality                                                                  
     education;"                                                                                                              
                                                                                                                                
     Page 16, following line 4:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "*  Sec. 18.  AS 14.30 is  amended by  adding a  new                                                                
     section to read:                                                                                                           
          Sec. 14.30.361. Sex education, human reproductive                                                                   
     education, and human sexuality  education. (a) A person                                                                  
     may only  teach a  class or  program in  sex education,                                                                    
     human  reproduction   education,  or   human  sexuality                                                                    
     education if the person                                                                                                    
               (1)  possesses a valid teacher certificate                                                                       
     issued under AS 14.20.020; and                                                                                             
               (2)  teaches the class or program under a                                                                        
     contract with the school.                                                                                                  
          (b)  Before curriculum, literature, or materials                                                                      
     related   to   sex    education,   human   reproduction                                                                    
     education, or human sexuality education  may be used in                                                                    
     a  class or  program or  distributed in  a school,  the                                                                    
     curriculum, literature, or materials must be                                                                               
               (1) approved by the school board; and                                                                            
               (2) available for parents to review."                                                                            
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 16, line 24:                                                                                                          
          Delete "Section 23"                                                                                                   
          Insert "Section 24"                                                                                                   
                                                                                                                                
     Page 16, line 27:                                                                                                          
          Delete "Section 18"                                                                                                   
          Insert "Section 19"                                                                                                   
                                                                                                                                
     Page 16, line 30:                                                                                                          
          Delete "secs. 24 - 27"                                                                                                
          Insert "secs. 25 - 28"                                                                                                
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
6:35:01 PM                                                                                                                    
MS. MCDONALD  explained Amendment 1  would add a new  section, AS                                                               
14.30.361  - Sex  education,  human  reproductive education,  and                                                               
human sexuality education. It would  establish that only a person                                                               
with  a valid  teacher certificate  and under  contract with  the                                                               
school,  may teach  a class  or program  in sex  education, human                                                               
reproduction,  and human  sexuality  education.  In addition,  it                                                               
would  require   that  before  the  curriculum,   literature,  or                                                               
materials  related  to  sex education,  human  reproduction,  and                                                               
human sexuality education may be used  in a class or program, the                                                               
materials must be approved by  the school board and available for                                                               
parents to review.                                                                                                              
                                                                                                                                
6:35:53 PM                                                                                                                    
CHAIR  DUNLEAVY commented  that  there has  been much  discussion                                                               
about  sex education  in public  schools. He  said SB  89 was  an                                                               
attempt  to decide  who would  be  in the  schools teaching  this                                                               
topic. The amendment  does not block any group or  sub group. The                                                               
class must be taught by a  teacher with a Type A certificate, and                                                               
the curriculum must be adopted  by the school board and available                                                               
to parents to review. It does not prohibit sex education.                                                                       
                                                                                                                                
He  opined that  all curriculum  should  be adopted  by a  school                                                               
district.  The amendment  does  not tell  the  school board  what                                                               
curriculum to adopt.                                                                                                            
                                                                                                                                
6:37:50 PM                                                                                                                    
CHAIR DUNLEAVY removed his objection.                                                                                           
                                                                                                                                
SENATOR GARDNER objected.                                                                                                       
                                                                                                                                
SENATOR GARDNER said yesterday in  committee there was discussion                                                               
of endorsing  the concept of  local control. Alaska has  a system                                                               
where local communities elect and  have a relationship with their                                                               
school boards  which makes decisions for  schools. She maintained                                                               
that Amendment 1 is absolutely a contradiction to that concept.                                                                 
                                                                                                                                
CHAIR  DUNLEAVY said  the  amendment is  exactly  what state  law                                                               
calls for  and it is already  in statute and affirms  what should                                                               
be  done. The  public  process for  school boards  is  to vet  in                                                               
public  what they're  going to  be teaching  so the  public could                                                               
have input.                                                                                                                     
                                                                                                                                
A  roll  call vote  was  taken.  Senators Huggins,  Giessel,  and                                                               
Dunleavy  voted in  favor  of Amendment  1,  and Senator  Gardner                                                               
voted against  it. Therefore,  the Amendment 1  was adopted  by a                                                               
3:1 vote.                                                                                                                       
                                                                                                                                
6:39:32 PM                                                                                                                    
SENATOR  HUGGINS moved  to report  SCS  for CS  for HB  156(EDC),                                                               
from committee,  as amended, with individual  recommendations and                                                               
attached indeterminate fiscal note.                                                                                             
                                                                                                                                
CHAIR DUNLEAVY turned to public testimony.                                                                                      
                                                                                                                                
6:40:01 PM                                                                                                                    
ALYSE  GALVIN,   Member,  Great  Alaska  Schools,   testified  in                                                               
opposition  to Amendment  1  of  HB 156.  She  said Great  Alaska                                                               
Schools has  more than  2,500 grassroots  members who  are deeply                                                               
concerned about this bill. She  supports not blocking anyone from                                                               
teaching sex education, but the  Type A requirement is a barrier.                                                               
It used to  be that a Type A  teacher had to be in  the room. She                                                               
has heard so many students and  teachers say that they would like                                                               
to  have someone  who is  from a  group, and  is not  a certified                                                               
teacher, teaching sex education.                                                                                                
                                                                                                                                
She  requested that  the state  not  overreach when  it comes  to                                                               
local decision making. She asked  the committee not to create any                                                               
barrier to  sex education and  let the local government  make the                                                               
decisions.                                                                                                                      
                                                                                                                                
6:41:57 PM                                                                                                                    
SENATOR GIESSEL  said the  words "approved  by the  school board"                                                               
mean it is locally controlled.                                                                                                  
                                                                                                                                
MS. GALVIN  said the school board  should be able to  decide what                                                               
it needs  to approve or not  approve. Up until this  point it has                                                               
been  working   fine.  This  new   provision  feels   like  extra                                                               
government.                                                                                                                     
                                                                                                                                
6:42:49 PM                                                                                                                    
CHAIR DUNLEAVY  said they approved  a bill on  physical education                                                               
which was  an imposition  on school districts  to teach  PE. This                                                               
amendment is in line with state statute.                                                                                        
                                                                                                                                
MS. GALVIN asked if the bill has already been passed.                                                                           
                                                                                                                                
CHAIR DUNLEAVY countered that the bill  has not been moved out of                                                               
committee, but Amendment  1 has been adopted.  He reiterated what                                                               
is being done in state statutes regarding curriculum selection.                                                                 
                                                                                                                                
MS. GALVIN asked about Type A endorsement.                                                                                      
                                                                                                                                
CHAIR DUNLEAVY  said it is in  law that Type A  teachers teach in                                                               
classrooms.                                                                                                                     
                                                                                                                                
MS. GALVIN questioned whether they  have to be doing the teaching                                                               
or if they can have guest speakers come in.                                                                                     
                                                                                                                                
CHAIR DUNLEAVY  said in  this particular case,  in order  to make                                                               
sure  what is  vetted by  the school  board is  taught by  Type A                                                               
teachers, guest speakers cannot teach.                                                                                          
                                                                                                                                
MS.  GALVIN stated  that feels  like a  barrier and  will require                                                               
extra money to train teachers, which the state does not have.                                                                   
                                                                                                                                
6:45:06 PM                                                                                                                    
DAVID  BOYLE, representing  himself, testified  in support  of HB
156. He  maintained that education  is in  a conundrum as  far as                                                               
providing transparency  to parents  and students about  how their                                                               
students are  doing. He said he  likes the bill and  it holds the                                                               
state, the  department, and  local school  districts, as  well as                                                               
parents and  students, accountable.  He suggested that  the focus                                                               
should be on the students.                                                                                                      
                                                                                                                                
He  spoke of  low state  test scores  in the  past. He  noted the                                                               
challenges  with doing  away with  the  AMP test,  which did  not                                                               
provide  information for  parents or  students. He  suggested the                                                               
state look  at other states'  tests. He concluded that  the focus                                                               
should be on the kids.                                                                                                          
                                                                                                                                
6:48:44 PM                                                                                                                    
BUTCH MOORE, representing himself,  testified in opposition to HB
156. He  said he  has not had  time to review  the new  draft. He                                                               
inquired if Type A is specifically required for sex education.                                                                  
                                                                                                                                
CHAIR DUNLEAVY  explained that Type  A is the  overall definition                                                               
of a classroom teacher.                                                                                                         
                                                                                                                                
MR. MOORE  asked if someone  from Providence Hospital  could come                                                               
in to a school to teach  CPR, or someone from the fire department                                                               
could  come in  to teach  fire  safety, or  someone from  archery                                                               
could come  in to teach archery  - as long  as there is a  Type A                                                               
teacher present supervising the class.                                                                                          
                                                                                                                                
CHAIR  DUNLEAVY said  that issue  is not  being addressed  in the                                                               
bill. The hope would  be that there would be a  Type A teacher in                                                               
the classroom.                                                                                                                  
                                                                                                                                
6:51:07 PM                                                                                                                    
MR. MOORE  asked if  the amendment  specifically singles  out sex                                                               
education,  versus any  other kind  of  education. He  questioned                                                               
whether it should be the same for all education.                                                                                
                                                                                                                                
CHAIR DUNLEAVY  said in  this particular  amendment Mr.  Moore is                                                               
correct. Folks  can bring forth  any bills that they  want during                                                               
session.                                                                                                                        
                                                                                                                                
MR. MOORE asked  if the primary difference between  this bill and                                                               
SB 89 is that it does not have an opt-out or opt-in provision.                                                                  
                                                                                                                                
CHAIR  DUNLEAVY  said  it  has  an  opt-out  provision;  students                                                               
enrolled would  be in  the class unless  their parents  signed an                                                               
opt-out form.                                                                                                                   
                                                                                                                                
MR.  MOORE agreed  with taking  the opt-in  provision out  of the                                                               
bill,  but concluded  that Amendment  1 limits  the education  of                                                               
students  by  not  using  the   sources  and  volunteer  services                                                               
provided for free for sex education classes.                                                                                    
                                                                                                                                
CHAIR  DUNLEAVY said  the  bill  moves to  Senate  Finance for  a                                                               
further hearing.                                                                                                                
                                                                                                                                
6:52:51 PM                                                                                                                    
He closed public testimony.                                                                                                     
                                                                                                                                
SENATOR GARDNER asked if there  are any other topics that require                                                               
that a certificated teacher teach them,  rather than be in a room                                                               
with a guest instructor.                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY  opined that all  certificated teachers  should be                                                               
the  primary  teacher  in  the  classroom  teaching  the  primary                                                               
subject. He used math teachers as examples.                                                                                     
                                                                                                                                
He said  he does not want  to privatize education by  having non-                                                               
certificated  teachers teaching.  He  concluded the  best way  to                                                               
solve the issue for  all parents, in light of SB  89, is to allow                                                               
the   school  district   to  vet   certified  teachers   and  the                                                               
curriculum. He  said he aims to  serve kids and to  deal with sex                                                               
education the same as other subjects.                                                                                           
                                                                                                                                
6:55:33 PM                                                                                                                    
SENATOR GARDNER  related that  she has been  asked many  times to                                                               
talk  to schools  about  government  and the  bill  process in  a                                                               
classroom with a  certificated teacher, even though  she does not                                                               
have a teaching  credential. Under Amendment 1, she  could not go                                                               
into science  or health  class to talk  about sex  education. She                                                               
asked why single out sex education.                                                                                             
                                                                                                                                
CHAIR DUNLEAVY said  he talked to superintendents  about what the                                                               
process  was for  outsiders,  such as  abortion  groups, to  come                                                               
before  the school  board to  vet their  curriculum. He  said one                                                               
individual  in a  large district  said  they don't  have them  in                                                               
their  schools. Parents  have  reported  that abortion  providers                                                               
come  in and  have discussions  via the  classroom. By  law, they                                                               
shouldn't  be doing  that. There  is a  confusing mix  of who  is                                                               
allowed to teach  or not. He believed the public  should have the                                                               
chance  to  vet  curriculum  that   is  taught  and  professional                                                               
teachers should teach it.                                                                                                       
                                                                                                                                
SENATOR  GARDNER  said  she  is   not  trying  to  do  away  with                                                               
certificated teachers, but to allow  the public to be involved in                                                               
schools as part  of public outreach, such as  parent experts. She                                                               
gave  examples of  areas  of expertise.  She  questioned why  the                                                               
subject of sex education should be treated differently.                                                                         
                                                                                                                                
CHAIR DUNLEAVY said  because it is very divisive and  needs to be                                                               
approved by  the school  board. The state  should impose  when it                                                               
wants. He  agreed that  sex education should  be taught,  but the                                                               
right people need to teach it.                                                                                                  
                                                                                                                                
7:01:26 PM                                                                                                                    
SENATOR HUGGINS restated his motion to  report the SCS for CS for                                                               
HB  156(EDC),   from  committee,  as  amended,   with  individual                                                               
recommendations and attached indeterminate fiscal note.                                                                         
                                                                                                                                
SENATOR GARDNER objected.                                                                                                       
                                                                                                                                
A  roll  call vote  was  taken.  Senators Huggins,  Giessel,  and                                                               
Dunleavy  voted  in  favor  of reporting  the  bill  and  Senator                                                               
Gardner voted  against it.  Therefore, the  motion to  report SCS                                                               
CSHB 156(EDC) from committee passed by a 3:1 vote.                                                                              

Document Name Date/Time Subjects
HB 156 - SEDC Amendments.pdf SEDC 4/13/2016 6:30:00 PM
HB 156
HB 156 -SBOE 70-30 Resolution 03-2015.pdf SEDC 4/13/2016 6:30:00 PM
HB 156
SEDC CSHB 156 - Version U.pdf SEDC 4/13/2016 6:30:00 PM
HB 156
HB 156 - SEDC Amendment U.1.pdf SEDC 4/13/2016 6:30:00 PM
HB 156