Legislature(2013 - 2014)BELTZ 105 (TSBldg)

04/05/2013 08:00 AM EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Discussion: Vouchers #4, Continuation of a TELECONFERENCED
Discussion on Voucher Systems
<Above Item Removed from Agenda>
+= SB 82 BROADBAND DISCOUNTS FOR SCHOOLS TELECONFERENCED
Moved CSSB 82(EDC) Out of Committee
+= SB 6 FUNDING FOR SCHOOL MEALS TELECONFERENCED
Moved SB 6 Out of Committee
*+ SB 91 HAZING TELECONFERENCED
Heard & Held
+ HB 180 MILITARY YOUTH ACADEMY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
= HB 87 EXTEND SPECIAL EDUCATION SERVICE AGENCY
Moved SCS CSHB 87(EDC) Out of Committee
                          SB 91-HAZING                                                                                      
                                                                                                                                
8:44:36 AM                                                                                                                    
CHAIR STEVENS announced the consideration of SB 91.                                                                             
                                                                                                                                
8:44:52 AM                                                                                                                    
SENATOR ANNA FAIRCLOUGH, sponsor of  SB 91, related that the bill                                                               
raises  the issue  of hazing  in Alaska.  She noted  in 2007  she                                                               
requested school districts and Department  of Education and Early                                                               
Development  (DEED)   to  provide  numbers  about   bullying  and                                                               
harassment  in  schools.  She emphasized  that  the  numbers  are                                                               
large. She said  she wished to see hazing defined  as a crime and                                                               
as  an option  for kids  to report  to their  teachers. She  said                                                               
hazing creates physical and emotional harm.                                                                                     
                                                                                                                                
She  spoke of  the connection  between suicide  and bullying  and                                                               
hazing. She  said the bill  attempts to  say hazing is  wrong and                                                               
hurtful and people will be held accountable.                                                                                    
                                                                                                                                
8:47:26 AM                                                                                                                    
CHAIR  STEVENS  asked where  the  line  is drawn  between  hazing                                                               
versus normal actions.                                                                                                          
                                                                                                                                
SENATOR FAIRCLOUGH  replied that initiations are  ways people are                                                               
accepted  into groups  or  teams. Hazing  is  an initiation  gone                                                               
wrong.                                                                                                                          
                                                                                                                                
She  explained Section  1 of  SB  91 outlines  the definition  of                                                               
hazing. She said  you commit a crime if you  "knowingly engage in                                                               
an act or  it causes a situation that subjects  a student to risk                                                               
of  physical  injury  for  the purposes  of  initiation  into  an                                                               
affiliation  or  organization  operating in  connection  with  an                                                               
elementary,  junior high,  secondary, or  post-secondary school."                                                               
She said it  does not apply to things in  the military that makes                                                               
one a  better team member.  She added  that people are  "at risk"                                                               
when   they   experience   emotional   harm   or   degrading   or                                                               
disrespectful behavior.                                                                                                         
                                                                                                                                
8:49:11 AM                                                                                                                    
SENATOR GARDNER said she wished  to co-sponsor the bill. She also                                                               
addressed the difficulty of determining  where the line should be                                                               
drawn.  She  noted  that  hazing might  also  take  place  within                                                               
athletic teams, clubs, and private leagues.                                                                                     
                                                                                                                                
SENATOR  FAIRCLOUGH   agreed  and   offered  to  work   with  the                                                               
committee, as well  as with the Senate  Judiciary Committee about                                                               
those concerns. She  emphasized that hazing depends  on whether a                                                               
student is  willingly participating in  an action. She  noted the                                                               
need for regulations  to be written to protect  students from not                                                               
being labeled  as criminals  if their  actions do  not constitute                                                               
hazing.                                                                                                                         
                                                                                                                                
8:51:08 AM                                                                                                                    
CHAIR STEVENS asked for examples of hazing.                                                                                     
                                                                                                                                
SENATOR  FAIRCLOUGH replied  that public  testimony will  provide                                                               
examples. She recalled a personal experience.                                                                                   
                                                                                                                                
LES  MORSE,  Deputy  Commissioner, Department  of  Education  and                                                               
Early Development (DEED), testified in  support of SB 91. He said                                                               
the bill  adds to  a definition around  work that  the department                                                               
already does.  He noted  the department  submitted a  zero fiscal                                                               
note. He related that the  department currently provides training                                                               
and e-modules  to train staff on  the issue of bullying.  He said                                                               
information about hazing could be added.                                                                                        
                                                                                                                                
8:53:22 AM                                                                                                                    
CHAIR STEVENS asked if the  department would provide training for                                                               
districts.                                                                                                                      
                                                                                                                                
MR. MORSE  said the department currently  provides training tools                                                               
and assistance with policies.                                                                                                   
                                                                                                                                
SENATOR HUGGINS  asked about the difference  between bullying and                                                               
hazing.                                                                                                                         
                                                                                                                                
MR. MORSE  replied that hazing is  a form of bullying.  He opined                                                               
that the  statute would  provide a  clear definition  which would                                                               
assist the department with training materials.                                                                                  
                                                                                                                                
8:55:25 AM                                                                                                                    
SENATOR HUGGINS agreed  that hazing was a subset  of bullying. He                                                               
wondered  if  educators  really   need  additional  training.  He                                                               
questioned how bullying crimes could be expunged later on.                                                                      
                                                                                                                                
8:57:23 AM                                                                                                                    
MR. MORSE said  there are rules for juveniles  who have committed                                                               
criminal offenses. He said he could not speak to the issue.                                                                     
                                                                                                                                
SENATOR GARDNER also agreed that  hazing is a subset of bullying.                                                               
She asked  if hazing is  generally a part  of an initiation  by a                                                               
team.                                                                                                                           
                                                                                                                                
MR. MORSE  replied that was a  good way of characterizing  it. He                                                               
stressed  the importance  of staff  having the  training to  deal                                                               
with  these  issues. He  said  more  important  is how  to  train                                                               
students in what is right and wrong.                                                                                            
                                                                                                                                
SENATOR HUGGINS suggested that hazing  could happen on the school                                                               
bus or in other informal environments.                                                                                          
                                                                                                                                
9:00:53 AM                                                                                                                    
GARY  MATHEWS, Director,  Alaska  School Activities  Association,                                                               
testified  in  support  of  SB 91.  He  addressed  hazing  issues                                                               
related to school activities, most  of which are never exposed to                                                               
the public. He said hazing is a national problem.                                                                               
                                                                                                                                
He  noted he  was  concerned  at first  about  the definition  of                                                               
hazing found on page 4. The  terms "normal and customary" are not                                                               
clear.  He suggested  the first  two lines  of Section  4 provide                                                               
some clarification.                                                                                                             
                                                                                                                                
He  opined that  an educational  campaign  would be  in order  to                                                               
instruct students about the implications of hazing.                                                                             
                                                                                                                                
9:04:24 AM                                                                                                                    
RYAN ULSEP,  Principal, Juneau Douglas High  School, testified in                                                               
support of SB  91. He agreed that hazing is  a national issue. He                                                               
applauded the sponsor and the  committee for addressing the issue                                                               
of hazing because it will help  schools stop it. He said Juneau's                                                               
policy specifically  mentions hazing. He pointed  out that hazing                                                               
is significantly underreported and  difficult to enforce. He said                                                               
many initiation behaviors can be considered as hazing.                                                                          
                                                                                                                                
He concluded that SB 91  provides schools with additional support                                                               
to deal with hazing.                                                                                                            
                                                                                                                                
9:07:25 AM                                                                                                                    
CHAIR STEVENS  asked what Mr.  Ulsep would  do as a  principal to                                                               
help  students  understand  the definition  and  consequences  of                                                               
hazing.                                                                                                                         
                                                                                                                                
MR. ULSEP  replied that  the school  needs to  education students                                                               
about why  hazing is wrong. He  said any time a  person is making                                                               
another  person do  something  they  do not  want  to  do, it  is                                                               
hazing. He stressed that the community must be educated, also.                                                                  
                                                                                                                                
SENATOR GARDNER agreed.  She said it is difficult  for one person                                                               
to  go  against a  group's  behavior.  She  recalled one  of  her                                                               
children's coaches who  encouraged members of the  team to choose                                                               
three things  that they  would give  up for  the entirety  of the                                                               
season.  This gave  the team  a support  system and  a chance  to                                                               
practice "going against the grain."                                                                                             
                                                                                                                                
MR. ULSEP agreed.                                                                                                               
                                                                                                                                
9:10:05 AM                                                                                                                    
SENATOR  HUGGINS said  he supports  the  ideas behind  SB 91.  He                                                               
asked Mr. Ulsep how long he has been a principal.                                                                               
                                                                                                                                
MR. ULSEP said  he has been an administrator for  eight years and                                                               
a teacher prior  to that, as well as a  football and track coach.                                                               
He  pointed out  that hazing  is not  done just  by teams  and is                                                               
often not reported.                                                                                                             
                                                                                                                                
SENATOR HUGGINS requested examples of hazing.                                                                                   
                                                                                                                                
MR. ULSEP replied that paddling is an example of hazing.                                                                        
                                                                                                                                
SENATOR HUGGINS asked if paddling is a crime.                                                                                   
                                                                                                                                
MR. ULSEP specified  that paddling by a group of  students on one                                                               
kid is  a crime  and a  form of  bullying. He  hoped SB  91 helps                                                               
schools send a  message that hazing is wrong. He  said any action                                                               
of a  sexual nature is hazing,  as well as forcing  kids to shave                                                               
their heads if they don't want to have it done.                                                                                 
                                                                                                                                
9:14:54 AM                                                                                                                    
NORM POLLARD,  Dean of Students,  Alfred University,  Alfred, New                                                               
York, presented  information related  to SB 91.  He spoke  of his                                                               
experience as  a counselor and  a researcher of  national studies                                                               
on hazing of NCAA athletes and  high school students. He spoke of                                                               
his involvement in hazing prevention  and working with victims of                                                               
hazing.                                                                                                                         
                                                                                                                                
9:16:24 AM                                                                                                                    
CHAIR  STEVENS  asked  for  comments  about  the  differences  in                                                               
thinking  of  today's  generation  versus  yesterday's  regarding                                                               
initiation and hazing.                                                                                                          
                                                                                                                                
MR.  POLLARD noted  the fundamental  difference between  bullying                                                               
and hazing is that bullying  is where individuals are targeted to                                                               
be picked on and humiliated,  whereas with hazing, the individual                                                               
wishes to join a group. When  that person is subjected to hazing,                                                               
the issue  is about power and  control and ends up  having tragic                                                               
consequences. He agreed it is  difficult to draw the line between                                                               
what is and is  not a crime. He said hazing  is typically done in                                                               
private.                                                                                                                        
                                                                                                                                
9:19:51 AM                                                                                                                    
SENATOR  GARDNER   said  she   visited  Mr.   Pollard's  website,                                                               
hazingprevention.com.,  which  provided guidelines  to  determine                                                               
what hazing is and is not. She called them good guidelines.                                                                     
                                                                                                                                
MR. POLLARD agreed.  He noted previous testimony  by Mr. Matthews                                                               
from  Alaska   School  Activities   Association  and   said  that                                                               
organization is  an excellent source  for information  related to                                                               
hazing, as is the national organization.                                                                                        
                                                                                                                                
9:21:01 AM                                                                                                                    
SENATOR HUGGINS asked about school  jurisdiction as it relates to                                                               
hazing.                                                                                                                         
                                                                                                                                
MR. POLLARD  explained that hazing  occurs outside of  school and                                                               
athletics. He  listed places it  can occur.  He said he  hoped by                                                               
schools  adopting  some  of  these   measures,  students  can  be                                                               
educated about  hazing, even when  it takes place outside  of the                                                               
school's authority.                                                                                                             
                                                                                                                                
9:23:20 AM                                                                                                                    
CHAIR STEVENS held SB 91 in committee.                                                                                          
                                                                                                                                
SENATOR FAIRCLOUGH  thanked the  committee for hearing  the bill.                                                               
She gave an example of hazing in Southeast Alaska.                                                                              
                                                                                                                                
9:24:14 AM                                                                                                                    
CHAIR  STEVENS said  that public  testimony would  continue at  a                                                               
later date.                                                                                                                     
                                                                                                                                

Document Name Date/Time Subjects
04032013_SB82_BillText_VersionO.pdf SEDC 4/5/2013 8:00:00 AM
SB 82
04052013_SB82_Broadband_FiscalNote_DEED2.pdf SEDC 4/5/2013 8:00:00 AM
SB 82
04052013_HB87_SESA_BillText_VersionY.pdf SEDC 4/5/2013 8:00:00 AM
HB 87
04052013_HB87_SESA_FiscalNote2_DEED.pdf SEDC 4/5/2013 8:00:00 AM
HB 87
04012013_SB06_BillText_VersionA.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_Fact Sheet.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_FiscalNote_DEED1.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_PressClips.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_SponsorStatement.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_Studies Relating To The Benefits Of School Meals.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_Support Letter_Cordova School District.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB06_Support Letters and Resolutions.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04012013_SB6_SchoolMeals_Presentation.pdf SEDC 4/5/2013 8:00:00 AM
SB 6
04052013_SB91_FiscalNote_DEED1.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_BillText_VersionA.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_LetterSupport_ANDVSA.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_LetterSupport_Lipkins.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_Sectional.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_SB91_Hazing_SponsorStatement.pdf SEDC 4/5/2013 8:00:00 AM
SB 91
04052013_HB 180_Sectional.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_BillText_VersionA.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_FiscalNote1_DEED.PDF SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_FiscalNote2_DMVA.PDF SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_FiscalNote3_DEED.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_FiscalNote4_DMVA.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_SponsorStatement.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_SupportLetter_Burton.pdf SEDC 4/5/2013 8:00:00 AM
HB 180
04052013_HB180_SupportLetter_Lopetrone.pdf SEDC 4/5/2013 8:00:00 AM
HB 180