Legislature(2015 - 2016)BUTROVICH 205

04/07/2015 03:30 PM EDUCATION

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved CSSB 79(EDC) Out of Committee
Heard & Held
Scheduled but Not Heard
         SB 89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE                                                                     
4:25:34 PM                                                                                                                    
CHAIR DUNLEAVY announced the consideration of committee                                                                         
substitute for SB 89, version 29-LS0735\P, noting that it was                                                                   
adopted on 4/2/15.                                                                                                              
SENATOR HUGGINS moved to adopt Amendment 1, labeled 29-                                                                         
                          AMENDMENT 1                                                                                       
     Page 1, line 9, following "(1)":                                                                                           
          Insert "recognizing the authority of and"                                                                             
     Page 1, line 11, following "(2)":                                                                                          
          Insert "recognizing the authority of and"                                                                             
     Page 1, line 12:                                                                                                           
          Delete "performance standard,"                                                                                        
     Page 2, line 4:                                                                                                            
          Delete "one month"                                                                                                    
          Insert "six weeks"                                                                                                    
          Delete "performance standard,"                                                                                        
     Page 2, line 7:                                                                                                            
          Delete "performance standard,"                                                                                        
     Page 2, line 8, following "(4)":                                                                                           
          Insert "recognizing the authority of and"                                                                             
     Page 2, line 9:                                                                                                            
          Delete "performance standard,"                                                                                        
     Page 2, line 15:                                                                                                           
          Delete "performance standard,"                                                                                        
     Page 2, line 20:                                                                                                           
          Delete "performance standards,"                                                                                       
     Page 2, line 22:                                                                                                           
          Delete "performance standard,"                                                                                        
     Page 2, line 25, following "each":                                                                                         
          Insert "separate"                                                                                                     
     Page 2, line 25:                                                                                                           
          Delete "performance standard,"                                                                                        
CHAIR DUNLEAVY objected for discussion purposes.                                                                                
BETHANY MARCUM, Staff, Senator Mike Dunleavy, Alaska State                                                                      
Legislature, read the explanation for Amendment 1:                                                                              
     Replace "allowing" with "recognizing the authority of                                                                      
     and allowing" on lines 9 and 11 of page 1, and line 8                                                                      
     of page 2 to reinforce that parental rights are                                                                            
     Remove the phrase "performance standard" in 8 places                                                                       
     and keep it in 1 place to clarify awkward syntax.                                                                          
     Replace "one month" with "six weeks" on line 4 of page                                                                     
     2 to give school districts a more flexible duration of                                                                     
     time for collecting permission from parents.                                                                               
     Add the word "separate" on line 25 of page 2 for                                                                           
4:28:26 PM                                                                                                                    
CHAIR DUNLEAVY asked if anyone had any questions.                                                                               
4:28:46 PM                                                                                                                    
At ease                                                                                                                         
4:30:10 PM                                                                                                                    
CHAIR DUNLEAVY reconvened the meeting.                                                                                          
MS. MARCUM noted that the word "allowing" is the only major                                                                     
change in the bill.                                                                                                             
CHAIR DUNLEAVY removed his objection and Amendment 1 was                                                                        
4:31:21 PM                                                                                                                    
SENATOR HUGGINS moved to adopt Amendment 2, labeled 29-                                                                         
                          AMENDMENT 2                                                                                       
     Page 1, line 1:                                                                                                            
          Delete "and"                                                                                                        
     Page 1, line 2, following "school":                                                                                      
          Insert "; prohibiting a school district from                                                                        
     contracting  with an  abortion  services provider;  and                                                                  
     prohibiting   a  school   district  from   allowing  an                                                                  
     abortion services provider  to furnish course materials                                                                  
     or   provide   instruction  concerning   sexuality   or                                                                  
     sexually transmitted diseases"                                                                                           
     Page 3, following line 1:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 2.  AS 14.03.083 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (e) A school district and an educational services                                                                     
     organization  that   has  a  contract  with   a  school                                                                    
     district  may not  contract with  an abortion  services                                                                    
     Renumber the following bill section accordingly.                                                                           
     Page 2, following line 16:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 5.  AS 14.30.360 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (c) A school district may not permit an abortion                                                                      
     services  provider or  an employee  or volunteer  of an                                                                    
     abortion services  provider to offer,  sponsor, furnish                                                                    
     course  materials, or  provide instruction  relating to                                                                    
     human sexuality or sexually transmitted diseases."                                                                         
CHAIR DUNLEAVY objected.                                                                                                        
BETHANY MARCUM explained that Amendment 2:                                                                                      
     Would prevent abortion service providers from                                                                              
     contracting with school districts and educational                                                                          
     service organizations.                                                                                                     
     Would prohibit abortion service providers from                                                                             
     supplying materials to school districts on human                                                                           
     sexuality and sexually transmitted diseases.                                                                               
     Abortion services providers would not be permitted to                                                                      
     provide instruction on sexually transmitted diseases                                                                       
     and sexuality to school districts.                                                                                         
4:32:30 PM                                                                                                                    
SENATOR GARDNER asked  if would make more sense to  tell a school                                                               
district what  issues they are  allowed to address so  they don't                                                               
authorize materials  that contravene those issues.  She suggested                                                               
that a religious organization might  provide materials that might                                                               
be  objectionable,  in  principle,   under  this  amendment.  She                                                               
emphasized that the  issue is not who provides  the materials, it                                                               
is  the   material  being  provided.   She  concluded   that  the                                                               
underlying  interest  is in  having  control  over what  kind  of                                                               
materials and information are provided.                                                                                         
She asked if that is correct.                                                                                                   
CHAIR   DUNLEAVY  said   yes,  but   also  not   having  industry                                                               
representatives in the school.                                                                                                  
SENATOR GARDNER asked if the objection  is to the industry or the                                                               
CHAIR  DUNLEAVY said  the  objection  is to  the  message in  the                                                               
school  for a  captive audience.  He said  parents believe  their                                                               
kids are  going to  school to  learn the Three  R's. He  wants to                                                               
have  discussions  regarding  certain  topics  at  home,  not  in                                                               
school. He  opined that  school is not  an appropriate  venue for                                                               
this topic or industry.                                                                                                         
SENATOR  GARDNER  asked   what  happens  if  it   were  a  condom                                                               
manufacturer  or birth  control pharmaceutical  company providing                                                               
information about sexuality or sexually transmitted diseases.                                                                   
CHAIR DUNLEAVY said it is a good question.                                                                                      
4:35:30 PM                                                                                                                    
SENATOR GIESSEL  said they are  talking about an  industry coming                                                               
into  schools to  market a  product  to a  captive audience.  She                                                               
thought the same philosophy would apply to other companies.                                                                     
CHAIR DUNLEAVY  said the topic  is not  shared by all  parents of                                                               
the captive audience.                                                                                                           
SENATOR GARDNER maintained that it  is not about the marketing of                                                               
the  product, which  is  not  addressed by  the  language in  the                                                               
amendment,  it  is about  the  provider.  She opined,  given  the                                                               
strong  language about  options for  parents to  withdraw or  not                                                               
have   children  participate   in   any  instruction   concerning                                                               
sexuality or sexually transmitted  disease, and parents' right to                                                               
review the materials  beforehand, this language is  not needed. A                                                               
parent who has concerns can opt out.                                                                                            
She  stated  that  the  amendment clearly  is  targeted  for  one                                                               
particular  organization.  If  you object  to  the  organization,                                                               
that's one  thing, but a  bunch of different  organizations might                                                               
provide  objectionable  material  for   any  number  of  reasons.                                                               
Parents already have every opportunity  to know what is happening                                                               
and when  it is happening  and can  choose to not  provide active                                                               
4:37:53 PM                                                                                                                    
SENATOR GIESSEL  referred to page  1, line 2, where  it discusses                                                               
contracting  with a  provider who  provides  medical service  and                                                               
promoting  the medical  services  to minors.  That would  require                                                               
parental  consent. She  concluded  that  medical intervention  is                                                               
being discussed.                                                                                                                
CHAIR DUNLEAVY added,  in some ways, we don't know  what is being                                                               
discussed. He said  that he and others feel that  schools are not                                                               
an appropriate place for this  industry's marketing. Kids need to                                                               
learn  content  in  schools.  There  is not  enough  time  to  do                                                               
everything and some things should not be happening in schools.                                                                  
4:40:19 PM                                                                                                                    
SENATOR  GARDNER   suggested  saying  schools  may   not  provide                                                               
materials   or   instruction   about   sexuality   and   sexually                                                               
transmitted diseases at all.                                                                                                    
CHAIR  DUNLEAVY   asked  if  Senator   Gardner  is   offering  an                                                               
SENATOR GARDNER  said no.  She opined that  there are  times when                                                               
that information  should be available  to students, such  as from                                                               
school  nurses. There  is an  appropriate time  to discuss  those                                                               
issues.  She  emphasized  that  the  subtext  of  what  has  been                                                               
proposed is  that those topics do  not belong in schools  and the                                                               
focus should be on reading, writing, and arithmetic.                                                                            
SENATOR HUGGINS spoke of schools  needing written permission from                                                               
parents for school nurses to  dispense aspirin. He submitted that                                                               
school staff should  not act as medical  practitioners. This bill                                                               
reinforces that.                                                                                                                
SENATOR  GIESSEL  stated  that  there is  a  distinct  difference                                                               
between an educator in the  school and an individual from outside                                                               
the  school who  works for  a  company or  industry and  promotes                                                               
their business  and industry. The  bill attempts to  address that                                                               
in science  class a  teacher in presents  unbiased facts  and the                                                               
school  would inform  parents of  controversial issues  and there                                                               
would be a consent procedure.                                                                                                   
4:44:01 PM                                                                                                                    
SENATOR GARDNER stated that Amendment  2 is about keeping Planned                                                               
Parenthood out of  schools. She argued, "If you  want students to                                                               
not  be  provided information  on  materials  about sexuality  or                                                               
about  sexually transmitted  diseases in  schools, then  just say                                                               
that. If  you want  the material  to comply  to the  unbiased and                                                               
approved, say  that. If  you want  parents to  know about  it and                                                               
give written permission for it,  the bill already does that, with                                                               
or without this amendment." She stated  that she does not see any                                                               
point to the amendment.                                                                                                         
CHAIR DUNLEAVY said it was a good discussion.                                                                                   
SENATOR  HUGGINS  suggested  there  should  be  a  separation  of                                                               
Planned Parenthood and school.                                                                                                  
SENATOR GARDNER said that is  a different discussion. If the goal                                                               
is  to  prevent  outsiders,  or  un-vetted  material,  or  biased                                                               
material,  many  organizations  could be  listed  without  really                                                               
capturing what  you want. What you  want is that the  material is                                                               
approved,  not unbiased,  and  provided  by qualified,  competent                                                               
people, she said.                                                                                                               
CHAIR  DUNLEAVY said  it was  a good  discussion. He  removed his                                                               
objection to Amendment 2.                                                                                                       
SENATOR GARDNER objected.                                                                                                       
A roll call  vote was taken. Senators  Stevens, Huggins, Giessel,                                                               
and Dunleavy  voted in favor  of adopting  Amendment 2 to  SB 89,                                                               
and Senator Gardner voted against  it. Therefore, Amendment 2 was                                                               
adopted by a 4 to 1 vote.                                                                                                       
CHAIR DUNLEAVY opened public testimony.                                                                                         
4:47:28 PM                                                                                                                    
LINCOLN  SAITO,  Chief  Operating Officer,  North  Slope  Borough                                                               
School District, testified  against SB 89. He  said it encroaches                                                               
on  the local  school board's  rights. People  from the  Regional                                                               
Corporation and non-profit corporations  are welcome to come into                                                               
the  schools  to speak  to  students  and do  demonstrations  and                                                               
surveys. It is  the local school district's right  to control who                                                               
goes  into  schools.  He  also   objected  to  requiring  written                                                               
permission for surveys.                                                                                                         
4:49:37 PM                                                                                                                    
At ease                                                                                                                         
4:49:56 PM                                                                                                                    
JON WATTS, representing  himself, testified in support  of SB 89.                                                               
He said  he is a  member of a  group called Alaskans  Against the                                                               
Common  Core.  He   spoke  of  privacy  rights   of  parents  and                                                               
opposition  to the  sharing  of data  by  districts with  outside                                                               
4:52:27 PM                                                                                                                    
MONICA WATTS,  representing herself,  testified in support  of SB
89. She  voiced concern about  Department of Education  and Early                                                               
Development  (DEED) restrictions  on  parents  to make  decisions                                                               
concerning their children.                                                                                                      
4:53:36 PM                                                                                                                    
ALLISON   CURRY,   Staff,   Planned  Parenthood,   testified   in                                                               
opposition  to SB  89. She  said, as  a reproductive  health care                                                               
provider and  a sexual health  educator, Planned  Parenthood sees                                                               
the devastating effects of sexual  abuse and sexually transmitted                                                               
infections  every  day.  While  the  bill  appears  to  be  about                                                               
parental  rights, it  does have  dangerous consequences  that put                                                               
the health  and future  of youth at  risk, especially  youth with                                                               
absent  or  disengaged  parents. Parental  involvement  in  their                                                               
children's  education  is  vital  and it  should  be  encouraged.                                                               
However, Alaska has  a child sexual abuse rate that  is six times                                                               
higher than the  national average. Alaska also  continues to lead                                                               
the nation with the highest  sexually transmitted infection (STI)                                                               
rates. Teens are at the highest  rates for infection. In 2013, 63                                                               
percent of new cases of chlamydia were in 15 to 19 year-olds.                                                                   
MS.  CURRY said  we should  be  working together  to ensure  that                                                               
Alaska youth has the resources  and information they need to lead                                                               
healthy  and productive  lives. She  opined that  SB 89  does the                                                               
opposite  of that.  The  bill  would affect  access  not only  to                                                               
sexual health education, but also  extends to education on sexual                                                               
assault and awareness like in Erin's Law.                                                                                       
She  said that  Planned Parenthood  does work  closely with  some                                                               
schools,  community  organizations,   and  other  social  service                                                               
agencies  in   Alaska  to  provide   a  variety   of  educational                                                               
opportunities  that are  tailored  for  each community.  Subjects                                                               
that   Planned  Parenthood   teaches   are  prevention,   healthy                                                               
relationships,  consent,  values  and   boundaries,  as  well  as                                                               
pregnancy prevention. By targeting providers  of a safe and legal                                                               
service,  who  are  also qualified  providers  of  sexual  health                                                               
education,  this bill  is cutting  Alaska students  off from  the                                                               
education and information  they need to make  smart choices about                                                               
their  health.  Comprehensive   sex  education  has  consistently                                                               
proven to delay  the onset of sexual activity and  lower rates of                                                               
STI's, as well as lower  teen pregnancy rates. She concluded that                                                               
we cannot afford  to limit access to the tools  that kids need to                                                               
make healthy  choices. She  asked the  committee to  consider the                                                               
health  and safety  of  all Alaskan  youth and  pull  SB 89  from                                                               
SENATOR GARDNER  asked about chlamydia  and teen  pregnancy rates                                                               
in Alaska.                                                                                                                      
MS.  CURRY  said  Alaska  has  twice  the  national  average  for                                                               
chlamydia rates,  and higher rates  than that in some  areas. She                                                               
said  she  would have  to  follow  up  with teen  pregnancy  rate                                                               
CHAIR  DUNLEAVY asked  how long  Planned Parenthood  has been  in                                                               
MS. CURRY  replied that it  has been  in Juneau since  June 2009,                                                               
but she did not know how long it has been in the state.                                                                         
SENATOR  GARDNER  asked  what   the  consequences  of  untreated,                                                               
undiagnosed chlamydia are.                                                                                                      
MS. CURRY said  infertility is the direst  impact. Chronic pelvic                                                               
pain is another. She noted  that chlamydia is asymptomatic, which                                                               
is an issue.                                                                                                                    
4:58:23 PM                                                                                                                    
SENATOR  GIESSEL  said   despite  Planned  Parenthood's  efforts,                                                               
chlamydia is rising. She said  she has seen the undercover videos                                                               
of Planned  Parenthood, which document inappropriate  advice. She                                                               
asked if it was an issue for Planned Parenthood Northwest.                                                                      
MS. CURRY asked for an example of the evidence.                                                                                 
SENATOR GIESSEL said  there were many examples,  such as underage                                                               
females  being  told  not  to disclose  their  age  and  abortion                                                               
MS. CURRY  said Planned Parenthood  has a strict  requirement for                                                               
reporting  sexual  abuse  of  underage girls  and  no  one  would                                                               
instruct a  young girl to keep  that to herself. She  pointed out                                                               
that Planned  Parenthood is not  at liberty to  promote abortion.                                                               
The health  care staff provides  all pregnancy options and  it is                                                               
up to  the patient to  make that  decision. They abide  by Alaska                                                               
state law regarding minors and notify  parents if a minor were to                                                               
request abortion services.                                                                                                      
5:01:25 PM                                                                                                                    
TARYN LUSKDEET, representing herself,  testified in support of SB
89. She said she is a part of  the IDEA Action Group and a member                                                               
of Alaskans Against the Common Core.  She said she helped work on                                                               
a  version  of the  bill,  which  would affirm  parents'  natural                                                               
rights. She  did not think  it was  intended, but one  version of                                                               
the  bill puts  parameters  on parents'  rights. Parental  rights                                                               
trump local school  boards' rights. She suggested  changes to the                                                               
bill,  such  as Department  of  Education  and Early  Development                                                               
(DEED) shall  recognize the natural  rights of parents  to direct                                                               
the education of their children.                                                                                                
5:06:02 PM                                                                                                                    
DR. BARBARA HANEY, representing  herself, testified in support of                                                               
SB 89.  She spoke strongly  of parents' rights. She  testified in                                                               
favor of  the amendments. She spoke  of a case in  Oregon related                                                               
to Planned  Parenthood where  a teacher was  fired. She  said the                                                               
Planned Parenthood curriculum ties to the Common Core standards.                                                                
SENATOR GARDNER  asked how the  national sexuality  standards are                                                               
tied to  Common Core. She  understood that Common  Core standards                                                               
deal with language arts and math only.                                                                                          
DR.  HANEY said  that embedded  in those  standards is  something                                                               
called "informational  text." Planned  Parenthood put  together a                                                               
reading curriculum that is tied  to the informational text in the                                                               
school  district and  they tie  into  the Common  Core. She  said                                                               
other providers use  informational text that are  keyed to Alaska                                                               
standards through the Common Core standards.                                                                                    
SENATOR GARDNER  suggested that those  materials have more  to do                                                               
with curriculum, but not standards.                                                                                             
DR. HANEY spoke of the Medicaid expansion curriculum.                                                                           
5:12:51 PM                                                                                                                    
JACK   WALSH,  Superintendent,   Craig   City  School   District,                                                               
testified against Amendment 2. He  was hoping the providers would                                                               
be defined  so that the  helpers who  come into the  school would                                                               
not be  banned. He  said he  does not  wish to  eliminate skilled                                                               
providers from talking to kids about important issues.                                                                          
SENATOR GARDNER asked  Mr. Walsh and other  school districts what                                                               
the impact of  all the provisions in the bill  would be; the cost                                                               
of providing  notice and tracking permission  slips, the validity                                                               
of  test results,  particularly  when they  are  used to  measure                                                               
student progress  and to  evaluate teachers.  She asked  if there                                                               
were  concerns  about  distorted   data  if  parents  pull  their                                                               
children out of  testing and about the overall  impact on student                                                               
education and cost.                                                                                                             
MR. WALSH  said the Craig  district is  unique in that  it serves                                                               
300  in   Craig  and   300  students  across   the  state   in  a                                                               
correspondence  program.   If  too   many  parents  opt   out  on                                                               
assessments or surveys,  the district doesn't get  a good picture                                                               
of the school's climate or  connectedness as a small district. He                                                               
added that mailing costs would be significant.                                                                                  
5:17:11 PM                                                                                                                    
ED GRAY,  representing himself,  testified in  support of  SB 89,                                                               
including the two  amendments. He shared his  experience with the                                                               
abortion  industry.   He  said   they  have  students   make  bad                                                               
decisions.  He   asked  the  legislature  to   help  protect  his                                                               
5:20:52 PM                                                                                                                    
MIKE COONS, representing  himself, testified in support  of SB 89                                                               
and the  two amendments.  He spoke in  favor of  parental control                                                               
regarding  education.  He  spoke   against  a  variety  of  other                                                               
subjects taught.                                                                                                                
5:23:56 PM                                                                                                                    
RACHELLE SIEBER,  representing herself,  testified in  support of                                                               
SB 89, including  the amendments. She spoke in  favor of parental                                                               
rights  and  against  Planned  Parenthood.  She  recommended  the                                                               
undercover program called Live Action.                                                                                          
5:25:35 PM                                                                                                                    
POISE BOGGS, representing herself,  testified in opposition to SB
89.  She  questioned the  wording  in  Section 1  regarding  test                                                               
assessments.  She  question  whether   Section  1  would  require                                                               
teachers to  show parents the  content of the tests,  which isn't                                                               
CHAIR  DUNLEAVY said  the intent  is  not to  have anyone  breech                                                               
protocols or test security.                                                                                                     
MS. BOGGS asked where the intent is.                                                                                            
MS. MARCUM said  Legislative Legal chose the  language because it                                                               
is consistent with tests that are not measured by teachers.                                                                     
5:29:07 PM                                                                                                                    
SACHA   PETTITT,  Teacher,   Mat-Su   Borough  School   District,                                                               
testified in support of SB 89.  She suggested a correction to the                                                               
language to allow  parents' natural rights. She  pointed out that                                                               
parents'  opting out  indicates  a  need for  a  revision in  the                                                               
CHAIR DUNLEAVY held SB 89 in committee.                                                                                         

Document Name Date/Time Subjects
9. CS for SB 79 Amend re 12.56 percent.pdf SEDC 4/7/2015 3:30:00 PM
SB 79
10. CS for SB 79 Explanation of Amend.pdf SEDC 4/7/2015 3:30:00 PM
SB 79
CS for SB 89 Amendment #1.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Explanation of Amend #1.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Explanation of Amend #2.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Amendment #2.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
14. SB 37 - School Curriculum.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
15. SB 37 - Anchorage Parent Information.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
16. SB 37 - Fairbanks Erin's Policy.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
17. SB 37 - OCS Child Sexual Abuse Stats FY14.pdf SEDC 4/7/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37