Legislature(2021 - 2022)BUTROVICH 205

04/20/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 67 NURSING: LICENSURE; MULTISTATE COMPACT TELECONFERENCED
Failed to Move Out of Committee
+= SB 78 HEALTH CARE SERVICES BY TELEHEALTH TELECONFERENCED
Moved CSSB 78(HSS) Out of Committee
+= SB 80 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Moved CSSB 80(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                                                                                                                              
         SB  80-PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION                                                                     
                                                                                                                                
2:14:28 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration SENATE BILL NO. 80                                                                                                
 "An Act relating to mental health education."                                                                                  
                                                                                                                                
An overview of the bill,  sectional analysis and public testimony                                                               
were heard on April 6.                                                                                                          
                                                                                                                                
SENATOR  ELVI  GRAY-JACKSON,  Alaska State  Legislature,  Juneau,                                                               
Alaska, read her sponsor statement:                                                                                             
                                                                                                                                
     SB 80  amends the existing health  education curriculum                                                                    
     statute to  include mental health curriculum  in all K-                                                                    
     12 health classrooms to  adequately educate students on                                                                    
     vital   information   pertaining   to   mental   health                                                                    
     symptoms,  resources,  and  treatment.  Currently,  the                                                                    
     health  curriculum  guidelines include  prevention  and                                                                    
     treatment  of diseases;  learning  about "good"  health                                                                    
     practices  including   diet,  exercise,   and  personal                                                                    
     hygiene;  and "bad"  health  habits  such as  substance                                                                    
     abuse, alcoholism, and patterns  of physical abuse. But                                                                    
     the guidelines do not  address mental health. Following                                                                    
     passage of  SB80, the Alaska  State Board  of Education                                                                    
     and  Early Development  and  the  Alaska Department  of                                                                    
     Education  and Early  Development  (DEED) will  develop                                                                    
     guidelines   for  instruction   in  mental   health  in                                                                    
     consultation with  the Alaska Department of  Health and                                                                    
     Social   Services   (DHSS)   and   representatives   of                                                                    
     national,    state,    and   tribal    mental    health                                                                    
     organizations. Such organizations  include, but are not                                                                    
     limited  to,   the  National  Council   for  Behavioral                                                                    
     Health,   Providence   Health  and   Services   Alaska,                                                                    
     Southcentral  Foundation,  Anchorage  Community  Mental                                                                    
     Health  Services, Inc.,  North  Star Behavioral  Health                                                                    
     System,  and the  National  Alliance  on Mental  Health                                                                    
     Illness  Alaska. The  standards  will  be developed  in                                                                    
     consultation  with   counselors,  educators,  students,                                                                    
     administrators, and  other mental  health organizations                                                                    
     to  form   effective  guidelines  for   school  boards,                                                                    
     teachers,  and  students.  After  standards  have  been                                                                    
     developed,  the Alaska  State  Board  of Education  and                                                                    
     Early  Development and  DEED  will  be responsible  for                                                                    
     implementation throughout the  Alaska school system. As                                                                    
     with  existing health  education curriculum,  the DEED,                                                                    
     the  DHSS, and  the  Council on  Domestic Violence  and                                                                    
     Sexual  Assault will  provide  technical assistance  to                                                                    
     school districts in the  development of personal safety                                                                    
     curricula.   An   existing  school   health   education                                                                    
     specialist  position will  assist  in coordinating  the                                                                    
     program statewide.  The State  has a  responsibility to                                                                    
     treat the current  mental health crisis in  Alaska as a                                                                    
     serious public health issue.  By creating mental health                                                                    
     education standards and encouraging  schools to teach a                                                                    
     mental  health curriculum,  SB80 aims  to decrease  the                                                                    
     stigma  surrounding   mental  illnesses   and  increase                                                                    
     students'  knowledge  of   mental  health,  encouraging                                                                    
     conversation around and understanding of the issue.                                                                        
                                                                                                                                
2:17:31 PM                                                                                                                    
SENATOR GRAY-JACKSON  recalled there was an  amendment by Senator                                                               
Begich that changed the bill.                                                                                                   
                                                                                                                                
SENATOR BEGICH  replied that  language was  made more  general so                                                               
more entities  could participate  in creating the  curriculum. It                                                               
was confirmed  in the [education]  committee that  the Department                                                               
of Education  and Early Development (DEED)  would oversee writing                                                               
the curriculum.                                                                                                                 
                                                                                                                                
SENATOR  HUGHES  mentioned  that  she  was  concerned  about  age                                                               
appropriateness of  curriculum content  and young  children being                                                               
unduly influenced.                                                                                                              
                                                                                                                                
SENATOR  GRAY-JACKSON responded  the  amendment was  made in  the                                                               
education  committee   and  that   during  the   meeting  several                                                               
questions were  asked. She stated  her office  provided follow-up                                                               
answers to all questions asked by the education committee.                                                                      
                                                                                                                                
SENATOR  REINBOLD  informed members  that  she  did research  and                                                               
found  there  are  organizations,  such as  the  Alaska  Parental                                                               
Rights organization,  that oppose  the bill. She  determined that                                                               
the bill  crosses the domain  of family boundaries.  She believes                                                               
parents should  focus on  a child's  mental capacity,  health and                                                               
sexuality  and  let  schools  focus   on  education.  Content  in                                                               
education  is being  increasingly infiltrated  by social,  sexual                                                               
and  political  agendas  that can  harm  children  and  undermine                                                               
parental rights.                                                                                                                
                                                                                                                                
2:22:33 PM                                                                                                                    
CHAIR WILSON moved Amendment 1.                                                                                                 
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                               32-LS0514\B.4                                                                    
                                                       Klein                                                                    
                                                     4/12/21                                                                    
                                                                                                                                
     OFFERED IN THE SENATE                 BY SENATOR WILSON                                                                    
        TO: CSSB 80(EDC)                                                                                                        
                                                                                                                                
     Page 2, following line 17:                                                                                                 
          Insert a new bill section to read:                                                                                  
        "* Sec. 4.  AS 14.30.360 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (e)  A district may not instruct a student in                                                                         
     mental health as part of  a program in health education                                                                    
     under  (a) of  this  section  without informed  consent                                                                    
     from  the student's  parent or  guardian. The  district                                                                    
     shall  inform the  child's parent  or guardian,  in the                                                                    
     native  language  of the  parent  or  guardian, of  the                                                                    
     time,   date,  and   content  of   the  mental   health                                                                    
     instruction,  that  consent   is  voluntary,  and  that                                                                    
     consent may be revoked  at any time. Before instructing                                                                    
     a student  in mental health, the  district shall obtain                                                                    
     written consent from the  parent or guardian indicating                                                                    
     that the  parent or guardian understands  and agrees to                                                                    
     the  student's  participation   in  the  mental  health                                                                    
     instruction."                                                                                                              
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
2:22:42 PM                                                                                                                    
SENATOR HUGHES objected for purposes of discussion.                                                                             
                                                                                                                                
CHAIR WILSON  stated Amendment 1 would  start on page 2  line 17.                                                               
He  read  Amendment  1.  He  stated  he  supports  mental  health                                                               
education  in  the  schools, but  constituents  desired  to  have                                                               
parents be informed of curriculum  content and provide permission                                                               
to attend.                                                                                                                      
                                                                                                                                
SENATOR REINBOLD  asked if the  program would be  opt-in elective                                                               
only, with parental permission.                                                                                                 
                                                                                                                                
CHAIR WILSON replied yes; that is the intent of the amendment.                                                                  
                                                                                                                                
SENATOR HUGHES  stated she  heard the  same request  from parents                                                               
and had  a similar bill  in place.  She thanked Chair  Wilson for                                                               
bringing his amendment forward.                                                                                                 
                                                                                                                                
SENATOR COSTELLO  commented that she  also had been  contacted by                                                               
parents and  had been  working on  an amendment  before realizing                                                               
Chair Wilson had an amendment in place.                                                                                         
                                                                                                                                
SENATOR BEGICH commented  that Amendment 1 seems  like and option                                                               
on top of an option. The  bill creates the option for each school                                                               
district  to provide  mental  health as  part  of its  healthcare                                                               
education.  Other elements  of health  education  do not  require                                                               
parental consent. He understands but  does not support the opt-in                                                               
requirement. He does not see how  the bill is a threat to parents                                                               
or students.  He opposes the  idea because students most  in need                                                               
can be  kept from  the curriculum. However,  he will  support the                                                               
amendment.                                                                                                                      
                                                                                                                                
2:27:03 PM                                                                                                                    
SENATOR HUGHES removed her objection.                                                                                           
                                                                                                                                
CHAIR WILSON asked if there  was further objection; finding none,                                                               
Amendment 1 was passed.                                                                                                         
                                                                                                                                
SENATOR HUGHES  stated she appreciates  the heart of  the sponsor                                                               
and  students but  has concerns  about  the bill.  The bill,  not                                                               
passing, does not  prevent local school boards  from developing a                                                               
mental health curriculum. She  wants mental health destigmatized,                                                               
and students  informed on mental  health resources. The  scope of                                                               
the  bill  is  too  wide. Pinning  mental  health  in  adolescent                                                               
education  narrowly to  depression and  suicide would  be better.                                                               
The bill  has a de-preparing  curriculum that is not  required to                                                               
be  used by  districts. Curriculum  prepared at  the state  level                                                               
loses local control. She believes  mental health education should                                                               
be at the district level.                                                                                                       
                                                                                                                                
2:29:20 PM                                                                                                                    
CHAIR WILSON solicited a motion to move the bill from committee.                                                                
                                                                                                                                
SENATOR HUGHES moved to report  the proposed committee substitute                                                               
(CS)  for  SB  80,  work   order  32-LS0514\B  as  amended,  from                                                               
committee  with individual  recommendations  and attached  fiscal                                                               
notes (s).                                                                                                                      
                                                                                                                                
SENATOR HUGHES objected.                                                                                                        
                                                                                                                                
CHAIR WILSON asked for a roll call vote.                                                                                        
                                                                                                                                
2:29:43 PM                                                                                                                    
A  roll  call vote  was  taken.  Senators Costello,  Begich,  and                                                               
Wilson  voted  in  favor  of  reporting SB  80  as  amended  from                                                               
committee  and Senators  Hughes  and Reinbold  voted against  it.                                                               
Therefore, the motion passed by a 3:2 vote.                                                                                     
                                                                                                                                
CHAIR WILSON  stated that with  3 yeas  and 2 nays,  CSSB 80(HSS)                                                               
moved  from  the  Senate  Health  and  Social  Services  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SB 78 NORD Ltr of Support.pdf SHSS 4/20/2021 1:30:00 PM
SB 78
SB 80 Public Input 4.20.21 Redacted.pdf SHSS 4/20/2021 1:30:00 PM
SB 80
SB 78 Adopted Amendments 4.20.21.pdf SHSS 4/20/2021 1:30:00 PM
SB 78
SB 80 Amendment B.4 Wilson.pdf SHSS 4/20/2021 1:30:00 PM
SB 80