Legislature(2015 - 2016)BELTZ 105 (TSBldg)

03/07/2016 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 141 Bills Previously Heard/Scheduled: TELECONFERENCED
Heard & Held
+ SB 103 RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
-- Public Testimony --
+= SB 174 REG. OF FIREARMS/KNIVES BY UNIV. OF AK TELECONFERENCED
Moved CSSB 174(EDC) Out of Committee
+= SB 180 PARENT-GUARDIAN/CHILD:TEMP. POWER OF ATTY TELECONFERENCED
Moved CSSB 180(JUD), Rescinded Action on Prior CS
        SB 103-RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING                                                                    
                                                                                                                                
2:38:33 PM                                                                                                                    
CHAIR MCGUIRE announced the consideration of SSSB 103.                                                                          
                                                                                                                                
SENATOR CATHY  GIESSEL, Alaska State  Legislature, sponsor  of SB
103 explained that the bill  relates to the education of students                                                               
in residential psychiatric treatment  centers (RPTCs). She shared                                                               
a story  about a time she  participated in a ride  along with the                                                               
Anchorage Police Department  and came upon a young  man in foster                                                               
care  who needed  to  be admitted  to  the NorthStar  psychiatric                                                               
treatment center. She did not know  how long he was in treatment,                                                               
but voiced  concern about the time  he would miss school  and the                                                               
stress kids experience when they miss school and fall behind.                                                                   
                                                                                                                                
2:40:30 PM                                                                                                                    
SENATOR  GIESSEL  stated that  the  purpose  of  the bill  is  to                                                               
require local school  districts to partner with  RPTCs to provide                                                               
on-going  education  for   students.  Currently,  many  districts                                                               
partner well with RPTCs, such  as Fairbanks, however, other areas                                                               
are  lacking. The  bill establishes  a  three-year pilot  program                                                               
that  would require  collaboration between  the district  and the                                                               
treatment center.                                                                                                               
                                                                                                                                
Senator Giessel  referred to a  letter of opposition  in members'                                                               
packets from  the Anchorage School  District. She  explained that                                                               
Senator Gardner had attempted to  contact the district to get her                                                               
questions answered, to no avail.  However, shortly after, Senator                                                               
Gardner received the information she requested.                                                                                 
                                                                                                                                
2:42:11 PM                                                                                                                    
CHAIR  MCGUIRE  said  she  liked  the  bill.  She  asked  whether                                                               
foundation  formula  dollars  would  follow the  student  to  the                                                               
psychiatric center's program.                                                                                                   
                                                                                                                                
KARI   NORE,   Staff   Senator  Cathy   Giessel,   Alaska   State                                                               
Legislature,  explained that  version I  provides that  the RPTCs                                                               
will contract  with individual school  districts to work  out how                                                               
the  funding would  be  formulated.  She referred  to  a copy  of                                                               
NorthStar's contract  with the  Anchorage School  District, which                                                               
was rejected, to show how a contract might look.                                                                                
                                                                                                                                
MS. NORE said the program would  also allow the RPTCs to contract                                                               
with more  than one  school district to  ensure that  the program                                                               
continually matched up with the neighborhood school.                                                                            
                                                                                                                                
2:43:57 PM                                                                                                                    
CHAIR MCGUIRE  expressed hope  that the  final report  shows that                                                               
RPTCs are adequately compensation for what they provided.                                                                       
                                                                                                                                
MS. NORE  deferred to Evelyn  Alsup for more information  on that                                                               
topic.                                                                                                                          
                                                                                                                                
CHAIR MCGUIRE asked  why the contract is for three  years and why                                                               
it is a pilot program.                                                                                                          
                                                                                                                                
SENATOR GIESSEL  replied that was  part of a  negotiation between                                                               
the school districts and the  treatment centers. The idea is that                                                               
the pilot program will demonstrate success.                                                                                     
                                                                                                                                
CHAIR  MCGUIRE noted  that she  is  leery of  pilot programs  and                                                               
suggested monitoring it annually.                                                                                               
                                                                                                                                
2:46:17 PM                                                                                                                    
SENATOR COGHILL voiced  appreciation for the bill.  He noted that                                                               
Fairbanks'  RPTC has  worked  collaboratively  with their  school                                                               
district.                                                                                                                       
                                                                                                                                
SENATOR  GIESSEL  said  Anchorage  has not  seen  that  level  of                                                               
success. She  said there is  a need  to ensure uniformity  in the                                                               
state.                                                                                                                          
                                                                                                                                
SENATOR COGHILL  noted the importance  of a  student's continuous                                                               
education.                                                                                                                      
                                                                                                                                
2:47:29 PM                                                                                                                    
SENATOR  MICCICHE  thought  that  if  a student  were  to  be  in                                                               
treatment  for only  a  couple of  weeks, it  would  not be  very                                                               
expensive for the school district.                                                                                              
                                                                                                                                
SENATOR GIESSEL stated  that the contract would  address only the                                                               
time a student is in residential treatment.                                                                                     
                                                                                                                                
CHAIR MCGUIRE appreciated the need  to continue the connection to                                                               
the  neighborhood school  in light  of  the high  rate of  mental                                                               
health issues.                                                                                                                  
                                                                                                                                
2:49:27 PM                                                                                                                    
MIKE  LYONS,  Vice   President,  Specialty  Education,  Universal                                                               
Health  Services and  NorthStar Behavioral  Health, testified  in                                                               
support  of SB  103.  He  opined that  SB  103 will  dramatically                                                               
improve  the  educational  and treatment  services  delivered  to                                                               
children  residing in  residential psychiatric  treatment centers                                                               
(RPTCs). He said RPTCs save lives.                                                                                              
                                                                                                                                
He  reported  that Universal  Health  Services  has attempted  to                                                               
improve  the educational  service delivery  system across  Alaska                                                               
without  much progress  for the  past  six years.  Last year  the                                                               
House Education  Committee appointed a subcommittee  to study how                                                               
educational services were being  delivered at RPTCs across Alaska                                                               
and   how   RPTCs   and  school   districts   could   work   more                                                               
collaboratively. He said some progress  has been made between the                                                               
Anchorage  School District  and  NorthStar, but  there were  many                                                               
failures and  more work needs  to be done.  He said SB  103 would                                                               
allow  a  more  seamless,  transparent   model  between  the  two                                                               
entities.                                                                                                                       
                                                                                                                                
2:54:07 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if the employees are  from the school                                                               
districts or from NorthStar.                                                                                                    
                                                                                                                                
MR. LYONS replied  under the proposed model,  teachers would work                                                               
for NorthStar and be required to hold Alaska licenses.                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI asked if they  would be entitled to the same                                                               
benefits as district employees.                                                                                                 
                                                                                                                                
MR. LYONS explained that employees  who work for facilities would                                                               
receive a compensation package through the facility.                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI inquired if  NorthStar is for-profit or non-                                                               
profit.                                                                                                                         
                                                                                                                                
MR. LYONS said NorthStar is a for-profit organization.                                                                          
                                                                                                                                
SENATOR   WIELECHOWSKI   inquired   if   any   other   for-profit                                                               
organizations receive  funding to  educate children  in Anchorage                                                               
or in Alaska.                                                                                                                   
                                                                                                                                
MR. LYONS  said he didn't know  of any others. He  pointed out it                                                               
is a  common practice across  the nation for school  districts to                                                               
contract  with   for-profit  and  non-profit   organizations  for                                                               
educational  services.  Some  examples are  for  psychiatric  and                                                               
disability needs.                                                                                                               
                                                                                                                                
2:56:35 PM                                                                                                                    
SENATOR WIELECHOWSKI said  Alaska's Constitution prohibits public                                                               
money to  be used for  private education.  He asked if  this bill                                                               
would violate the Alaska Constitution.                                                                                          
                                                                                                                                
MR. LYONS pointed out that  under existing AS 14.03.083, there is                                                               
a  provision that  allows contracting  for services  by a  school                                                               
district.                                                                                                                       
                                                                                                                                
CHAIR  MCGUIRE thought  the constitution  prohibits public  money                                                               
for religious schools.                                                                                                          
                                                                                                                                
2:57:42 PM                                                                                                                    
SENATOR  MICCICHE clarified  that  Mr. Lyons  is  referring to  a                                                               
statute and not the constitution.                                                                                               
                                                                                                                                
He  asked if  the bill  were  to pass,  whether school  districts                                                               
might work harder to deliver their own services.                                                                                
                                                                                                                                
MR. LYONS  said they have  met numerous  times over the  past six                                                               
years   with  the   Anchorage  School   District  and   with  the                                                               
Commissioner,  but  did  not  meet with  success.  Even  after  a                                                               
subcommittee was formed  to study the issue, the  problem was not                                                               
solved. He  opined that  there needs  to be  another opportunity,                                                               
such as this bill, to serve these children.                                                                                     
                                                                                                                                
2:59:32 PM                                                                                                                    
SENATOR MICCICHE thought the bill might  be the hammer to get the                                                               
school  districts   to  take  this  seriously   and  serve  those                                                               
students.                                                                                                                       
                                                                                                                                
SENATOR  COGHILL  clarified that  no  money  shall be  paid  from                                                               
public  funds for  the direct  benefit  of a  religious or  other                                                               
private educational institutions.                                                                                               
                                                                                                                                
3:00:38 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  whether any funds will  go for profit                                                               
or if all will go into the classroom.                                                                                           
                                                                                                                                
MR.  LYONS  explained  that  there  are  over  21  accountability                                                               
measures in the bill. One is  a transparent budget of revenue and                                                               
expenses. He  stated that  100 percent  of the  funds will  go to                                                               
educational resources.                                                                                                          
                                                                                                                                
3:01:22 PM                                                                                                                    
EVELYN  ALSUP,   Director  of  Education,   NorthStar  Behavioral                                                               
Health, clarified that version I  provides that NorthStar will be                                                               
open to  a yearly  audit of  their books and  funds will  only be                                                               
spent on educational purposes. She  pointed out that NorthStar is                                                               
not   an   "educational   institution"  but   a   "hospital"   or                                                               
"residential  treatment facility."  Students are  patients placed                                                               
in  NorthStar  under  a  doctor's orders  and  there  is  24-hour                                                               
nursing care.                                                                                                                   
                                                                                                                                
CHAIR  MCGUIRE held  SB 103  in committee  and noted  that public                                                               
testimony would continue at the next hearing.                                                                                   
                                                                                                                                

Document Name Date/Time Subjects
SB 103 Back Up ASD Contract 2 4 2016.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Fiscal Note version I.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support AK Child and Family.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support AMHB.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support AMHTA.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support Brian Charlton.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support JYS.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support Melanie Nelson.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support Michell Hook.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support Parent.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Letter of Support Tim Kline AdvancED.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Sectional Analysis version I.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 SJUD Hearing Request.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Sponsor Statement.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 version I.PDF SJUD 3/7/2016 1:30:00 PM
SB 103
002_SB141_Ecigs_SponsorStatement_02Feb16.pdf SJUD 3/7/2016 1:30:00 PM
SB141_Ecigs_ADHSS_Bulletin.pdf SJUD 3/7/2016 1:30:00 PM
SB141_Ecigs_AKdispatch_07Jan2016.pdf SJUD 3/7/2016 1:30:00 PM
SB141_E-Cigarettes Poison the Airways.pdf SJUD 3/7/2016 1:30:00 PM
SB141_Ecigs_NCSL_Legisbrief.pdf SJUD 3/7/2016 1:30:00 PM
SB 141_E-Cigs_Slideshow_WEB.PDF SJUD 3/7/2016 1:30:00 PM
SB 141_E-Cig_VersionP_BillText.pdf SJUD 3/7/2016 1:30:00 PM
SB 141_E-Cigs_VersionP_BillSummary.pdf SJUD 3/7/2016 1:30:00 PM
SB 141 HarvardGazette_E-Cigs_FlavoringsHarmful.pdf SJUD 3/7/2016 1:30:00 PM
SB 141 E-Cigs_MoreDangerousThanTobacco.pdf SJUD 3/7/2016 1:30:00 PM
SB 103 ASD Testimony.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 Edu in RPTCs.pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 103 rebuttal to ASd letter (002).pdf SJUD 3/7/2016 1:30:00 PM
SB 103
SB 174 2016 03 04 FINAL Memo re minor programs - McGuire w spreadsheets.pdf SJUD 3/7/2016 1:30:00 PM
SB 174
SB 180 Version P.pdf SJUD 3/7/2016 1:30:00 PM
SB 180
SB 180 Legal Memo (3).pdf SJUD 3/7/2016 1:30:00 PM
SB 180
SB174 Support Emails 3 7 16.pdf SJUD 3/7/2016 1:30:00 PM
SB 174
SB174 Opposition Emails 3 7 16.pdf SJUD 3/7/2016 1:30:00 PM
SB 174