Legislature(2015 - 2016)Anch LIO Auditorium

05/20/2015 11:00 AM EDUCATION

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Audio Topic
11:02:16 AM Start
11:02:38 AM HB44
12:29:45 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Testimony <Invitation Only> --
+ HB 44 SEX ABUSE/ASSAULT/DATING VIOL PREV. PROGS TELECONFERENCED
Moved SCS CSHB 44(EDC) Out of Committee
**Streamed live on AKL.tv**
        HB 44-SEX ABUSE/ASSAULT/DATING VIOL PREV. PROGS                                                                     
                                                                                                                                
[Contains  discussion regarding  the inclusion  of language  from                                                               
HB 80,  SB 89,  and SB  102  into the  proposed Senate  committee                                                               
substitute (SCS) for HB 44, Version G.]                                                                                         
                                                                                                                                
11:02:38 AM                                                                                                                   
CHAIR DUNLEAVY  announced that the  only order of  business would                                                               
be CS  FOR HOUSE  BILL NO.  44(FIN), "An  Act relating  to sexual                                                               
abuse  and sexual  assault awareness  and  prevention efforts  in                                                               
public  schools;  and  relating  to  dating  violence  and  abuse                                                               
awareness  and  prevention  efforts  in public  schools."    Left                                                               
pending from  the meeting on 5/19/15  was the motion to  adopt as                                                               
the  working document  the proposed  Senate committee  substitute                                                               
(SCS) for HB 44, labeled 29-LS0258\G, Glover, 5/18/15.                                                                          
                                                                                                                                
CHAIR  DUNLEAVY, with  regard to  the  proposed Senate  committee                                                               
substitute (SCS)  for HB  44, referred  to Section  23's proposed                                                               
repeal of  AS 14.03.075(a)-(c) and (e)(1)  and AS 14.07.165(a)(5)                                                               
and (b)  - which together  require students to undergo  a college                                                               
and career readiness assessment in  order to obtain a high school                                                               
diploma  -  and  offered  his understanding  that  this  proposed                                                               
repeal  [originally in  HB 80]  was  added to  HB 44  as a  cost-                                                               
savings' measure.                                                                                                               
                                                                                                                                
SENATOR STEVENS referred to the  bill's proposed new AS 14.30.355                                                               
-   addressing  training   programs   for  sexual   abuse/assault                                                               
awareness/prevention  - and  expressed a  preference for  passing                                                               
only  that provision.   He  also  opined that  since some  school                                                               
districts   are   currently    providing   sexual   abuse/assault                                                               
awareness/prevention training  and absorbing the costs,  that all                                                               
school districts should  do so.  Offering  his understanding that                                                               
there are private  entities willing to assist  with such training                                                               
programs,  he expressed  frustration over  school districts  that                                                               
are  unwilling to  absorb the  costs  of providing  this type  of                                                               
training.                                                                                                                       
                                                                                                                                
11:07:28 AM                                                                                                                   
CHAIR  DUNLEAVY  removed his  objection  to  the motion  made  on                                                               
5/19/15 to  adopt the proposed Senate  committee substitute (SCS)                                                               
for  HB  44 -  labeled  29-LS0258\G,  Glover,  5/18/15 -  as  the                                                               
working document.  After ascertaining  that there were no further                                                               
objections, he relayed that Version G was before the committee.                                                                 
                                                                                                                                
CHAIR DUNLEAVY  reiterated that Section  23's proposed  repeal of                                                               
AS 14.03.075(a)-(c) and  (e)(1) and AS 14.07.165(a)(5)  and (b) -                                                               
requiring  students to  undergo  a college  and career  readiness                                                               
assessment in order  to obtain a high school diploma  - was added                                                               
to  the  bill  as  a   cost-savings'  measure.    Repealing  this                                                               
requirement   won't  preclude   students  from   undergoing  such                                                               
assessments, nor  will it preclude school  districts from helping                                                               
students undergo such assessments.                                                                                              
                                                                                                                                
11:10:58 AM                                                                                                                   
CINDY  MOORE,  mentioning that  her  daughter  Breanna Moore  was                                                               
killed last  summer by her  boyfriend in what Ms.  Moore referred                                                               
to as an incidence of  dating violence, explained that she's been                                                               
working  with  legislators   to  add  to  HB   44  the  provision                                                               
addressing dating violence/abuse; this  provision, along with the                                                               
provision addressing  sexual abuse/assault,  may be known  as the                                                               
"Alaska  Safe Children's  Act".   She  offered  her beliefs  that                                                               
passage of these provisions would  result in teachers having more                                                               
time  to  teach instead  of  having  to  deal with  the  behavior                                                               
problems  sexually abused  students exhibit;  that their  passage                                                               
would  not cost  the State  any  money; and  that other  entities                                                               
would    pick   up    all   the    costs   of    the   associated                                                               
awareness/prevention training.  With regard  to victims of sexual                                                               
abuse of  a minor, she  offered her  beliefs that the  first step                                                               
toward recovery is knowing there  are people in authority to talk                                                               
to,  and that  passage  of  these provisions  of  the bill  would                                                               
ensure that  students have  that knowledge.   In  conclusion, she                                                               
indicated  disfavor  with Version  G  of  HB  44 because  of  the                                                               
provisions  that were  added, and  a preference  for having  CSHB
44(FIN) be the bill that  moves from committee, because under it,                                                               
it would  be mandatory for  school districts to  provide students                                                               
with    sexual    abuse/assault   and    dating    violence/abuse                                                               
awareness/prevention training.                                                                                                  
                                                                                                                                
11:15:02 AM                                                                                                                   
BUTCH  MOORE,  mentioning  that he  is  Breanna  Moore's  father,                                                               
expressed disfavor with  Version G of HB 44, and  asked that CSHB
44(FIN) be  the vehicle that  moves from committee,  both because                                                               
of its limited focus and because  under it, it would be mandatory                                                               
for school districts to provide  students with the aforementioned                                                               
awareness/prevention  training.   He  expressed  concern that  if                                                               
Version  G is  the vehicle  that moves  from committee,  the bill                                                               
would no  longer have sufficient  support to pass because  it now                                                               
includes language from unrelated bills.                                                                                         
                                                                                                                                
11:19:18 AM                                                                                                                   
SENATOR  LESIL MCGUIRE,  Alaska  State  Legislature, noting  that                                                               
other iterations  and previous  versions of  HB 44  have garnered                                                               
broad   bipartisan  support,   expressed  concern   that  because                                                               
Version G  now   includes  language  from  unrelated   pieces  of                                                               
legislation, it could  put passage of the bill at  risk or render                                                               
it  unconstitutional,  particularly  given that  those  unrelated                                                               
pieces  of legislation,  in  themselves  controversial, were  not                                                               
included in the governor's call  to special session.  With regard                                                               
to the  bill's proposal to  provide for sexual  abuse/assault and                                                               
dating violence/abuse  awareness/prevention training  in Alaska's                                                               
schools, she pointed  out that Alaska leads the  nation in sexual                                                               
assault  and sexual  abuse  of  a minor,  and  ventured that  the                                                               
bill's  proposed  Alaska  Safe  Children's  Act  is  intended  to                                                               
empower  victims and  make Alaska  a safer  place to  live.   The                                                               
language comprising the Alaska Safe  Children's Act constitutes a                                                               
good bill, one  that should pass, she opined,  and reiterated her                                                               
concern  that  Version  G's  inclusion  of  language  from  three                                                               
unrelated  bills could  prove problematic.    In conclusion,  she                                                               
asked  the  committee  to  reconsider  its  actions  in  adopting                                                               
Version  G, and  instead have  CSHB 44(FIN)  be the  version that                                                               
moves from committee.                                                                                                           
                                                                                                                                
SENATOR MCGUIRE,  in response to comments  and questions, offered                                                               
her  understanding  that  the  same  private  entities  that  are                                                               
currently  providing  and/or   paying  for  sexual  abuse/assault                                                               
awareness/prevention training  in some of Alaska's  schools could                                                               
also    provide   and/or    pay    for   dating    violence/abuse                                                               
awareness/prevention training.   Also,  options are  being sought                                                               
for those  schools districts that  are still concerned  about the                                                               
cost of providing sexual  abuse/assault and dating violence/abuse                                                               
awareness/prevention training. The  provision that makes training                                                               
discretionary rather than mandatory, as  in Section 16 of Version                                                               
G, will help  address those concerns.   Furthermore, the language                                                               
allowing  parents to  excuse their  children from  such training,                                                               
and  from receiving  associated  notifications,  was included  in                                                               
order  to  address  concerns  about   the  right  of  parents  to                                                               
determine what  their children are being  taught.  Characterizing                                                               
HB 44's  proposed Alaska  Safe Children's  Act as  constituting a                                                               
good, stand-alone  bill that  should pass in  order to  provide a                                                               
safety  net  for  Alaska's children,  she  again  reiterated  her                                                               
concern that it could prove  problematic to include language from                                                               
three unrelated  controversial bills  that were  not part  of the                                                               
governor's call to special session.                                                                                             
                                                                                                                                
11:41:35 AM                                                                                                                   
SENATOR MCGUIRE,  in response to further  comments and questions,                                                               
indicated that she  had some concern regarding  the provisions of                                                               
Version G  that propose to  repeal the requirement  that students                                                               
undergo a  college and  career readiness  assessment in  order to                                                               
obtain a high school diploma,  because such assessments can often                                                               
highlight for students new career/education opportunities.                                                                      
                                                                                                                                
SENATOR HUGGINS remarked, however,  on the potential cost-savings                                                               
of $525,000  that could result  from repealing  that requirement.                                                               
Furthermore, students would still be  able to undergo college and                                                               
career   readiness  assessments   at  their   own  expense,   and                                                               
assessment-fee  waivers  are   available  for  students  [meeting                                                               
certain criteria].                                                                                                              
                                                                                                                                
CHAIR  DUNLEAVY concurred,  offered  his  understanding that  the                                                               
requirement  has  only  been  in  place for  a  year,  and  again                                                               
reiterated  that its  proposed repeal  was added  to HB  44 as  a                                                               
cost-savings' measure.                                                                                                          
                                                                                                                                
SENATOR  MCGUIRE, in  response to  comments regarding  Version G,                                                               
once   again  reiterated   her  concern   that  it   could  prove                                                               
problematic   to   include    language   from   three   unrelated                                                               
controversial bills that were not  part of the governor's call to                                                               
special session.                                                                                                                
                                                                                                                                
SENATOR GIESSEL disagreed.                                                                                                      
                                                                                                                                
11:53:57 AM                                                                                                                   
SHEILA  PETERSON,  Staff,  Senator Mike  Dunleavy,  Alaska  State                                                               
Legislature, on  behalf of Senator  Dunleavy, and in  response to                                                               
questions, relayed  that Legislative Legal and  Research Services                                                               
has indicated that should the bill  pass and then undergo a court                                                               
challenge, it  is not yet known  how the court might  rule on the                                                               
question of  whether all of the  bills now included in  Version G                                                               
of HB  44 comply with  the governor's call, regardless  that they                                                               
might all address public education.                                                                                             
                                                                                                                                
CHAIR  DUNLEAVY asked  if Legislative  Legal said  Version G  was                                                               
unconstitutional.                                                                                                               
                                                                                                                                
MS. PETERSON  replied that he did  not. In response to  a further                                                               
question, she  said that the fiscal  note for Version G  of HB 44                                                               
is  still forthcoming,  and  that it  is expected  to  be a  zero                                                               
fiscal note.                                                                                                                    
                                                                                                                                
CHAIR   DUNLEAVY  mentioned   that  cost-savings   was  a   prime                                                               
consideration  in developing  Version  G,  and characterized  the                                                               
inclusion  of language  from HB  80 -  repealing the  requirement                                                               
that students  undergo a college and  career readiness assessment                                                               
in order  to obtain a  high school  diploma - as  therefore good.                                                               
In   response   to   comments   and   questions   regarding   the                                                               
accountability  of Alaska's  public-education system,  he offered                                                               
his understanding that college  and career readiness assessments,                                                               
though  briefly taking  the  place of  "exit"  exams, were  never                                                               
designed to measure academic performance in high school.                                                                        
                                                                                                                                
12:04:53 PM                                                                                                                   
LES  MORSE,  Deputy  Commissioner, Office  of  the  Commissioner,                                                               
Department of  Education and Early Development  (EED), added that                                                               
an "accountability  system" for schools  is, and would  still be,                                                               
in place.   With regard to student accountability,  once the bill                                                               
passes and  undergoing a college and  career readiness assessment                                                               
is no longer required, students will  be able to obtain a diploma                                                               
simply by  meeting their own  high school's  graduation criteria,                                                               
and  the State  has already  set minimum-credit  requirements for                                                               
graduating.  College and career  readiness assessments merely get                                                               
students  thinking about  and preparing  for  their future  after                                                               
high  school,  and  don't  assess  students'  basic  skills,  and                                                               
neither those  assessments nor the [since  repealed] "exit" exams                                                               
address  accountability with  regard to  whether Alaska's  public                                                               
schools are doing a good job, he concluded.                                                                                     
                                                                                                                                
12:18:52 PM                                                                                                                   
SENATOR  HUGGINS moved  to report  the proposed  Senate committee                                                               
substitute  (SCS)   for  HB  44,  labeled   29-LS0258\G,  Glover,                                                               
5/18/15,  from  committee  with  individual  recommendations  and                                                               
forthcoming  fiscal  note(s).    There being  no  objection,  SCS                                                               
CSHB 44(EDC)  was reported  from  the  Senate Education  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                
CHAIR DUNLEAVY, in  closing, characterized SCS CSHB  44(EDC) as a                                                               
very  good bill  that  would  go a  long  way towards  addressing                                                               
sexual assault,  sexual abuse of  a minor, and  domestic violence                                                               
crimes in Alaska; and expressed favor with the provisions to the                                                                
bill that address parental rights.                                                                                              
                                                                                                                                
SCS CSHB 44(EDC) was reported from the Senate Education Standing                                                                
Committee.                                                                                                                      

Document Name Date/Time Subjects
1. HB 44 Legislation.PDF SEDC 5/20/2015 11:00:00 AM
HB 44
2. HB 44 Sponsor Statement.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
3. HB 44 Sectional Analysis.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
4. HB 44 FNSB School Board Policy.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
5. HB 44 Districts with HB44 curriculum.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
6. HB 44 Child Sexual Abuse in the Bering Strait Region.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
7. HB 44 Bar Association Dating Violence Facts.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
8. HB 44 CDC Dating Violence Fact Sheet.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
9. HB 44 CDVSA 2014 Dashboard.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
10. HB 44 Curriculum - Child Lures.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
11. HB 44 Curriculum - Committee for Children.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
12. HB 44 Letter of Support ANDVSA.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
13. HB 44 Letter of Support Vera Starbard.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
14. HB 44 Letter of Support Cindy Moore.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
15. HB44 OCS Child Sexual Abuse Stats FY14.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
16. HB 44 OCS Child Sexual Abuse Stats Jan thru March 15.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
17. HB 44 OCS Reporting Child Abuse in AK.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
17. HB 44 OCS Reporting Child Abuse in AK.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
18. HB 44 Teen Power and Control Wheel.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
19. HB 44 Anchorage District Parent Info.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
20. HB 44 Letter of Support APOA.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
21. HB 44 Fiscal Note.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
22. SCS for CS HB 44 ( ) Legislation.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
23. SCS for CS HB 44 ( ) Sectional Analysis.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
24. SCS for CS HB 44 ( ) Sponsor Statement.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
25. SCS for CSHB 44 HSS Fiscal Note.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
26. SCS for CSHB 44 DEED Fiscal Note.pdf SEDC 5/20/2015 11:00:00 AM
HB 44
27. SCS for CSHB 44 (EDC) Legal Opinion.pdf SEDC 5/20/2015 11:00:00 AM
HB 44