Legislature(2021 - 2022)BUTROVICH 205

04/25/2022 01:30 PM Senate JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 196 PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL TELECONFERENCED
Heard & Held
*+ HB 246 ACCESS TO MARIJUANA CONVICTION RECORDS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 196-PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL                                                                    
                                                                                                                                
1:33:47 PM                                                                                                                    
CHAIR HOLLAND announced the consideration  of SENATE BILL NO. 196                                                               
"An Act relating  to transparency and compelled  speech in public                                                               
education."                                                                                                                     
                                                                                                                                
[CSSB 196(EDC) was before the committee.]                                                                                       
                                                                                                                                
1:34:19 PM                                                                                                                    
SENATOR LORA REINBOLD, Alaska  State Legislature, Juneau, Alaska,                                                               
sponsor  of SB  196, introduced  the legislation  by paraphrasing                                                               
the following sponsor statement:                                                                                                
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
1:34:43 PM                                                                                                                    
     SB 196 is an act  related to transparency and compelled                                                                    
     speech  in public  education. Several  sections of  the                                                                    
     bill  refer  to  Title   14  Chapter  18,  specifically                                                                    
     relating  to prohibition  against discrimination  based                                                                    
     on sex  or race  in public education.  The bill  adds a                                                                    
     new  section including  transparency of  curriculum and                                                                    
     Prohibiting Compelled speech, and enforcement.                                                                             
                                                                                                                                
     Transparency:   A  public   school  including   charter                                                                    
     schools  shall display  on school's  website, regularly                                                                    
     updated,  all  training  material  used  for  teachers,                                                                    
     instructional    or    curricular   material,    school                                                                    
     procedures,  title and  author  of  materials, and  any                                                                    
     organizations  associated with  the  material, a  brief                                                                    
     description and link to the  material and identity of a                                                                    
     teacher if they produced the material.                                                                                     
                                                                                                                                
1:35:40 PM                                                                                                                    
     Prohibit Compelled  Speech: The classroom may  not be a                                                                    
     venue  for  political  activism,  lobbying  efforts.  A                                                                    
     student  or teacher,  administrator, or  other employee                                                                    
     must  not  be compelled  to  adhere  to the  belief  or                                                                    
     concept  that   the  United   States,  the   state,  or                                                                    
     individual is  fundamentally or irredeemably  racist or                                                                    
     sexist,  that  an individual  by  virtue  of sex,  race                                                                    
     ethnicity  religion or  color  or  national origin,  an                                                                    
     individual's moral character  is necessarily determined                                                                    
     by  their  sex,  race,  ethnicity,  religion  color  or                                                                    
     national origin.                                                                                                           
                                                                                                                                
     Enforcement:  The Attorney  General may  commence civil                                                                    
     action in the superior court  to enjoin a state agency,                                                                    
     school  district's governing  body, charter  school, or                                                                    
     public school from  violating transparency or compelled                                                                    
     speech.                                                                                                                    
                                                                                                                                
1:36:12 PM                                                                                                                    
SENATOR  REINBOLD stated  the  intent  of SB  196  is to  prevent                                                               
discriminatory  teaching  practices.   She  stated  that  Florida                                                               
Governor DeSantis noted in a  recent speech that Florida does not                                                               
want  to use  tax  dollars to  teach people  to  hate the  United                                                               
States  or each  other. She  related some  recent news  articles,                                                               
including  one  about  a  school   district  that  offered  staff                                                               
leadership  programs but  excluded one  race from  participating.                                                               
The transparency  provision in SB  196 ensures that  parents have                                                               
access  to  the   materials  that  teachers  are   using  in  the                                                               
classroom.                                                                                                                      
                                                                                                                                
1:37:52 PM                                                                                                                    
SENATOR REINBOLD paraphrased the sectional analysis for SB 196:                                                                 
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Section  One: AS  14.18.070 is  amended to  replace the                                                                    
     words  "this  chapter"  with  the  sections  14.18.010-                                                                    
     14.18.110 related to affirmative action.                                                                                   
                                                                                                                                
     Section  Two: AS  14.18.080  Implementation adopted  by                                                                    
     the board of regents.                                                                                                      
                                                                                                                                
1:38:23 PM                                                                                                                    
     Section  Three:  AS  14.18.090   (a)  The  board  shall                                                                    
     enforce  compliance by  school  districts and  regional                                                                    
     educational   attendance   areas.   The   board   shall                                                                    
     institute   appropriate   proceedings  to   abate   the                                                                    
     practices found by  the board found to  be in violation                                                                    
     of AS 14.18.010-14.18.110.                                                                                                 
                                                                                                                                
1:38:33 PM                                                                                                                    
     Section  Four:  Remedies:  A   person  aggrieved  by  a                                                                    
     violation of AS 14.18.010-14.18.110  or of a regulation                                                                    
     or  procedure adopted  under the  chapter may  file the                                                                    
     complaint with  the board and has  independent right of                                                                    
     action  in superior  court for  civil  damages and  for                                                                    
     such equitable relief as the court may determine.                                                                          
                                                                                                                                
     Section Five:  Effect is supplementary to  and does not                                                                    
     supersede   existing   laws    relating   to   unlawful                                                                    
     discrimination based on race or sex.                                                                                       
                                                                                                                                
     Section   Six:   Adds   a  new   section   to   include                                                                    
     transparency,   prohibiting    compelled   speech   and                                                                    
     enforcement.                                                                                                               
                                                                                                                                
     Section   14.18.150    Transparency:   Curriculum   and                                                                    
     instructional  materials  used  for teacher  and  other                                                                    
     staff   training   on   nondiscrimination,   diversity,                                                                    
     equity,  inclusion,  race,  ethnicity,  sex,  bias,  or                                                                    
     another  concept that  includes  one or  more of  those                                                                    
     concepts will be displayed on  the school's website and                                                                    
     updated  regularly.   Instructional  material   on  the                                                                    
     website  will  include  the title  and  author  of  the                                                                    
     material  as  well  as   any  organization  or  website                                                                    
     associated with the material.                                                                                              
                                                                                                                                
     Section  14.18.160  Prohibiting   Compelled  Speech:  A                                                                    
     state   agency,  school   districts'  governing   body,                                                                    
     charter  school,  or  public  school may  not  allow  a                                                                    
     teacher,  administrator, or  other employee  to include                                                                    
     in a  course or  award course  grading or  extra credit                                                                    
     for political activism, lobbying  or effort to persuade                                                                    
     members  of  the  executive or  legislative  branch  at                                                                    
     local,  state,  or  federal   level  to  take  specific                                                                    
     action, or any practicum  or similar activity involving                                                                    
     social  or public  policy  advocacy.  An individual  by                                                                    
     virtue  of sex,  race, ethnicity,  religion, color,  or                                                                    
     national  origin is  inherently  superior or  inferior.                                                                    
     Students,    teachers,   administrators,    and   other                                                                    
     employees  have  the  opportunity  to opt  out  of  any                                                                    
     speech, training or session.                                                                                               
                                                                                                                                
1:40:04 PM                                                                                                                    
SENATOR REINBOLD paraphrased a portion of Sec. 14.18.160 of the                                                                 
bill, which read:                                                                                                               
                                                                                                                                
     (2) may not  direct or otherwise compel a  student or a                                                                    
     teacher,  administrator, or  other employee  to affirm,                                                                    
     adopt, or adhere to the belief or concept that                                                                             
     (A) the United States or  the state is fundamentally or                                                                    
     irredeemably racist or sexist.                                                                                             
     (B) an  individual by virtue  of sex,  race, ethnicity,                                                                    
     religion,  color, or  national origin,  is, consciously                                                                    
     or   unconsciously,  inherently   racist,  sexist,   or                                                                    
     oppressive;                                                                                                                
                                                                                                                                
1:40:38 PM                                                                                                                    
SENATOR REINBOLD referred to Sec. 14.18.170 on page 5, lines 25-                                                                
31, for the enforcement provision.                                                                                              
                                                                                                                                
SENATOR REINBOLD referred to Sec. 14.18.190 on page 6 as the                                                                    
definition section.                                                                                                             
                                                                                                                                
1:40:57 PM                                                                                                                    
CHAIR HOLLAND turned to invited testimony.                                                                                      
                                                                                                                                
1:41:15 PM                                                                                                                    
DAVID BOYLE, representing self, Anchorage, Alaska, paraphrased                                                                  
written remarks, which read:                                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Chair  Holland, committee  members,  I  am David  Boyle                                                                    
     testifying  for myself  and  thousands  of parents  and                                                                    
     students. Thank you for this  opportunity to comment in                                                                    
     support of  SB196.   I believe this  is perhaps  one of                                                                    
     the most  important bills  in this  legislative session                                                                    
     because it  will determine the futures  of our children                                                                    
     and our State.                                                                                                             
     I  have   provided  testimony  before  to   the  Senate                                                                    
     Education Committee on the various  parts of this bill.                                                                    
     Today,  I will  provide  testimony  regarding the  note                                                                    
     from  Legislative Legal  which is  in the  documents in                                                                    
     Basis for this bill.                                                                                                       
                                                                                                                                
1:41:56 PM                                                                                                                    
MR. BOYLE continued to paraphrase his written testimony, which                                                                  
read:                                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     The first  issue LegLegal deals with  is TEACHER SPEECH                                                                    
     IN K12 PUBLIC SCHOOLS.                                                                                                     
                                                                                                                                
     At  issue  is the  "compelled  speech"  portion of  the                                                                    
     bill.                                                                                                                      
                                                                                                                                
     Leg  Legal states  that this  raises a  First Amendment                                                                    
     concern  because the  bill "prohibits  a public  school                                                                    
     from  teaching certain  concepts."  HOWEVER, leg  legal                                                                    
     then  says  that in  Garcetti  v.  Ceballos the  SCOTUS                                                                    
     established   a  rule   that   "this  First   Amendment                                                                    
     protection does  not apply if  an employee  is speaking                                                                    
     in  the  performance of  their  duties.   Teachers  ARE                                                                    
     speaking as  government employees  so they do  NOT have                                                                    
     First Amendment protection in the classroom.                                                                               
                                                                                                                                
     When  public  employees  make  statements  pursuant  to                                                                    
     their official duties they are  not speaking as private                                                                    
                    st                                                                                                          
     citizens  for 1   Amendment  purposes and  they can  be                                                                    
     disciplined.                                                                                                               
                                                                                                                                
     I  disagree  with  the  statement  by  Leg  Legal  that                                                                    
     "However, the  Court left open the  question of whether                                                                    
     this holding  applied to speech related  to scholarship                                                                    
     or  teaching".   The Court  clearly stated  that public                                                                    
                                                           st                                                                   
     employees,  ie  teachers,  do  NOT  have  protected  1                                                                     
     Amendment  rights   when  they  are  in   the  teaching                                                                    
     environment.                                                                                                               
                                                                                                                                
1:43:17 PM                                                                                                                    
                                    st                                                                                          
     Leg Legal clouds the issue on 1   Amendment rights when                                                                    
                                                           th                                                                   
     it discusses the Demers v. Austin case heard  in the 9                                                                     
     Circuit Court. This  Court applies a 5  step process to                                                                    
                                         st                                                                                     
     determine whether  and employee's  1   Amendment rights                                                                    
     were  violated.   (1). Whether  the person  spoke on  a                                                                    
     matter of public concern; (2)  Whether the person spoke                                                                    
     as a  private citizen or  public employee. It  is clear                                                                    
     that  teachers   are  public  employees  when   in  the                                                                    
     classroom. So, Leg Legal  concludes that "a professor's                                                                    
     teaching and  academic writing  MAY BE  PROTECTED under                                                                    
           st                                                                                                                   
     the  1   Amendment.   Note that  their conclusion  only                                                                    
     refers to  "professors", not K12 teachers.   This Ninth                                                                    
     Circuit  Court decision  ONLY  applied to  universities                                                                    
     and professors, not K12 teachers.                                                                                          
                                                                                                                                
1:44:05 PM                                                                                                                    
MR. BOYLE continued to paraphrase his written testimony, which                                                                  
read:                                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Then Leg Legal goes on to  say that "It is possible the                                                                    
          th                                                                                                                    
     the 9   Circuit Court would find that  the teaching and                                                                    
     academic  writing of  a k12  public  school teacher  is                                                                    
                           st                                                                                                   
     protected under the  1  Amendment if it  meets the test                                                                    
     established in  Pickering V. Board  of Education.   BUT                                                                    
     Pickering   ONLY  addressed   a  professor's   academic                                                                    
     speech,  not a  K12 teacher.   Leg  Legal's comment  is                                                                    
     thus merely conjecture.  The  Pickering case involved a                                                                    
     teacher  who wrote  a letter  to  the editor.   He  was                                                                    
     acting  in   a  personal  capacity,  not   an  official                                                                    
     capacity as a classroom  teacher. So the Pickering case                                                                    
     is also nonapplicable here.                                                                                                
                                                                                                                                
     Finally,  Leg Legal  concludes  that  "It is  therefore                                                                    
     also  likely   that  SB196's  speech   prohibitions  as                                                                    
     applied to a K12 public  school teacher WOULD SURVIVE a                                                                    
      st                                                                                                                        
     1   Amendment challenge.  I  rest my case on  the First                                                                    
     Amendment challenge.                                                                                                       
                                                                                                                                
     Now  let's  take a  look  at  the  second part  of  Leg                                                                    
     Legal's discussion.   This has  to do with  a Student's                                                                    
     First Amendment  Rights. The SCOTUS  decided in  its Bd                                                                    
     of ED  vs Pico that the  school board did NOT  have the                                                                    
     right to remove  books from the school  library.  Thus,                                                                    
     it said  that the  right to read  and receive  ideas is                                                                    
     also Free Speech. The issue  here is NOT the removal of                                                                    
     curriculum  material. The  real issue  in this  part of                                                                    
     the bill  is that the school/teacher  CANNOT "require a                                                                    
     student  to participate  in student  activism, lobbying                                                                    
     or  efforts to  persuade the  executive or  legislative                                                                    
     branch  at  any govt  level"  and  be REWARDED  with  a                                                                    
     course grade,  extra credit  or credit.   This  is what                                                                    
     occurred  when former  Governor  Bill Walker  presented                                                                    
     his lesson  plan to Anchorage  students on  his budget.                                                                    
     He  wanted the  students  to do  a  survey of  friends,                                                                    
     parents  and  neighbors  by push  polling  his  budget.                                                                    
     Then these students were to  provide the survey results                                                                    
     on the former governor's blog.   This is what this part                                                                    
     of SB196 would prevent.                                                                                                    
                                                                                                                                
1:46:23 PM                                                                                                                    
MR. BOYLE  continued to paraphrase  his written  testimony, which                                                               
read:                                                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     The  final  part  of  Leg   Legal's  note  referred  to                                                                    
     Vagueness.                                                                                                                 
     I believe that  SB196 lays out those  subjects that are                                                                    
     referred  to  Leg   Legal's  discussion  of  vagueness.                                                                    
     Sec.14.18.160.2.A-F clearly lists  those areas that are                                                                    
     prohibited as  compelled speech.  They include:  The US                                                                    
     is  fundamentally  or  irredeemably racist  or  sexist;                                                                    
     See A-F (Page 4)                                                                                                           
                                                                                                                                
     Finally, remember  that the First Amendment  and all of                                                                    
     the Bill of Rights to  the US Constitution were written                                                                    
     to  PROTECT  CITIZENS  FROM THE  GOVERNMENT,  NOT  GIVE                                                                    
     POWER TO THE FEDERAL GOVERNMENT.                                                                                           
                                                                                                                                
     Thank  you  for the  time  and  please pass  this  very                                                                    
     important bill to the Rules  Committee. I will be happy                                                                    
     to answer any questions.                                                                                                   
                                                                                                                                
1:47:34 PM                                                                                                                    
SENATOR SHOWER asked if he  could provide his background since it                                                               
would help members to better understand his point of view.                                                                      
                                                                                                                                
1:48:06 PM                                                                                                                    
MR. BOYLE answered that he  served as a communications officer in                                                               
the US Air  Force for 20 years.  He said he was a  founder of the                                                               
Alaska Policy  Forum (APF)  in 2009. He  served as  the executive                                                               
director for five of the eight years he volunteered for APF.                                                                    
                                                                                                                                
1:48:34 PM                                                                                                                    
SENATOR SHOWER asked whether school  districts have the authority                                                               
to do what the bill requires or  if the bill would compel them to                                                               
do so.                                                                                                                          
                                                                                                                                
SENATOR  REINBOLD  responded  that  her  understanding  was  that                                                               
districts  must teach  non-discriminatory  materials. She  stated                                                               
that  she was  uncertain  about school  districts' authority  but                                                               
offered to  provide examples  of what had  been happening  in the                                                               
classroom.                                                                                                                      
                                                                                                                                
1:49:51 PM                                                                                                                    
SENATOR SHOWER  asked whether a  school district could  decide to                                                               
do  everything  the bill  directs  it  to  do without  the  state                                                               
mandating the requirements.                                                                                                     
                                                                                                                                
1:50:05 PM                                                                                                                    
SENATOR REINBOLD answered yes; school  districts could do so. She                                                               
explained  that  school  districts  used Zoom  and  posted  their                                                               
curriculum online during COVID-19  and that transparency informed                                                               
parents about what was being taught in the classroom.                                                                           
                                                                                                                                
1:50:26 PM                                                                                                                    
SENATOR  SHOWER asked  for a  list of  other states  with similar                                                               
legislation. He  further asked whether  the sponsor was  aware of                                                               
any current  or past court  cases that might provide  guidance on                                                               
how the courts have viewed similar legislation.                                                                                 
                                                                                                                                
SENATOR REINBOLD responded that  three states had enacted similar                                                               
laws, including Florida.  She offered to report  to the committee                                                               
on the court cases.                                                                                                             
                                                                                                                                
SENATOR SHOWER expressed curiosity about the court cases.                                                                       
                                                                                                                                
1:51:42 PM                                                                                                                    
SENATOR MYERS  referred to the  enforcement provision on  page 5,                                                               
lines 25-27 of the bill that  would allow the attorney general to                                                               
bring a civil action in superior  court to enjoin a state agency.                                                               
He  wondered  whether this  was  something  the attorney  general                                                               
normally does and if it was  in their purview to file civil suits                                                               
against a school district or municipal  body or if this was a new                                                               
provision.                                                                                                                      
                                                                                                                                
SENATOR  REINBOLD deferred  to  Legislative  Legal Services.  She                                                               
said  she wanted  to ensure  that  the attorney  general had  the                                                               
enforcement  authority to  hold  school  districts violating  the                                                               
policies accountable.                                                                                                           
                                                                                                                                
1:53:11 PM                                                                                                                    
SENATOR  MYERS  asked  why  the  attorney  general  was  selected                                                               
instead of leaving it up to  parent groups or other groups within                                                               
the community who  might be more familiar with  what is happening                                                               
in the school.                                                                                                                  
                                                                                                                                
SENATOR REINBOLD responded that  the attorney general was someone                                                               
all Alaskans could  turn to, plus the office  has ample resources                                                               
available to pursue legal actions.  She indicated that she wanted                                                               
a  governmental  entity  to  act   as  an  advocate  rather  than                                                               
depending on parents whose students were negatively affected.                                                                   
                                                                                                                                
1:54:13 PM                                                                                                                    
SENATOR  HUGHES said  it seemed  as though  the attorney  general                                                               
would want  to file a  lawsuit. However, if the  attorney general                                                               
decided not  to file, nothing  in the bill would  prevent parents                                                               
or community members from filing a lawsuit.                                                                                     
                                                                                                                                
SENATOR REINBOLD agreed.                                                                                                        
                                                                                                                                
1:55:14 PM                                                                                                                    
SENATOR KIEHL asked  whether the bill provides  the authority for                                                               
the  attorney  general  to  file lawsuits  because  the  cost  of                                                               
litigation for a private citizen is so high.                                                                                    
                                                                                                                                
SENATOR  REINBOLD  reiterated  that  she wanted  to  ensure  that                                                               
people had  a governmental agency  or person  to turn to  who had                                                               
the authority to investigate matters.                                                                                           
                                                                                                                                
1:56:28 PM                                                                                                                    
SENATOR HUGHES  referred to page 5,  line 28, and noted  that the                                                               
only ones who  can request an advisory opinion  from the attorney                                                               
general  would be  a state  agency,  school districts,  governing                                                               
body,  charter   school,  or  public  school.   She  wondered  if                                                               
concerned parents  could request  an advisory  opinion indicating                                                               
whether  a proposed  act  or omission  violates  AS 14.18.150  or                                                               
14.18.160 if the state agencies do not request one.                                                                             
                                                                                                                                
SENATOR REINBOLD responded that it might be a good amendment.                                                                   
                                                                                                                                
CHAIR  HOLLAND  suggested  the committee  ask  Legislative  Legal                                                               
Services to address the points that have been raised.                                                                           
                                                                                                                                
1:57:35 PM                                                                                                                    
ED KING, Staff, Senator Roger  Holland, Alaska State Legislature,                                                               
Juneau,   Alaska,  advised   that   the   attorney  general   and                                                               
Legislative  Legal Services  both were  unavailable today  due to                                                               
the budget proceedings. He referred  to the enforcement mechanism                                                               
provided in current law, AS  14.18.090. It provides for an appeal                                                               
to  the Board  of Education  to enforce  the regulations  and the                                                               
chapter. He referred to AS  14.18.100, which provides remedies if                                                               
a  person  is aggrieved.  He  paraphrased  subsection (a),  which                                                               
read, in part:                                                                                                                  
                                                                                                                                
     (a) A person aggrieved by a violation of this chapter                                                                      
       or of a regulation or procedure adopted under this                                                                       
     chapter as to primary or secondary education may file                                                                      
     a complaint with the board....                                                                                             
                                                                                                                                
MR. KING explained that this  language provides the authority for                                                               
parents  to go  directly to  the Board  of Education  and file  a                                                               
complaint. He  informed members that  moving these duties  to the                                                               
attorney  general  would be  a  departure  from current  law.  He                                                               
advised that  using the Board  of Education to  enforce education                                                               
statutes would  provide consistency.  He suggested that  could be                                                               
accomplished by removing one of the earlier sections.                                                                           
                                                                                                                                
1:59:01 PM                                                                                                                    
SENATOR MYERS  referred to page  4, lines 23-27, to  the language                                                               
in subparagraph (3)(A), which read:                                                                                             
                                                                                                                                
      (3) may not use public funds to contract with, hire,                                                                      
      or otherwise engage a speaker, consultant, diversity                                                                      
     trainer, or other person to                                                                                                
          (A)  encourage,  direct,  or  otherwise  compel  a                                                                    
          student  or  a  teacher, administrator,  or  other                                                                    
          employee  to   affirm,  adopt,  or  adhere   to  a                                                                    
          specific belief or concept.                                                                                           
                                                                                                                                
1:59:26 PM                                                                                                                    
SENATOR  MYERS  directed  attention   to  page  5,  lines  15-18,                                                               
allowing   voluntary  participation.   He  stated   that  it   is                                                               
prohibited on the one hand, but on  the other hand, it says it is                                                               
allowable. In  response to Senator  Reinbold, he referred  to the                                                               
language on page 4, lines 23-27, and page 5, lines 15-18.                                                                       
                                                                                                                                
1:59:57 PM                                                                                                                    
SENATOR REINBOLD  responded that  page 4  uses the  language "may                                                               
not direct  or compel,"  which relates to  using public  funds to                                                               
contract,  hire,  or  otherwise  engage  a  speaker,  consultant,                                                               
diversity trainer, or other person  to adopt a specific belief or                                                               
concept. However,  the language  on page  5, subsection  (4), and                                                               
subsection  (a) would  allow students,  teachers, administrators,                                                               
and employees  to voluntarily participate in  training, seminars,                                                               
continuing education,  orientations, or  therapy that  promotes a                                                               
concept, but they cannot be forced to do so.                                                                                    
                                                                                                                                
SENATOR  REINBOLD added  that subsection  (b)  does not  prohibit                                                               
speech protected  by the Constitution  of the State of  Alaska or                                                               
the Constitution of the United States.                                                                                          
                                                                                                                                
SENATOR MYERS  stated that his  concern was the language  on page                                                               
4, line  25, which  begins with  "encourage." However,  a speaker                                                               
would be  encouraging something. He suggested  that the committee                                                               
consider removing  "encourage" for  clarity. If  the point  is to                                                               
have  a seminar  after school  or  on Saturday  morning, but  the                                                               
speaker  cannot  encourage  anything,  the language  on  page  5,                                                               
paragraph (2) would not apply.                                                                                                  
                                                                                                                                
2:02:23 PM                                                                                                                    
CHAIR HOLLAND remarked that he  benefitted from hearing this bill                                                               
in the  Senate Education Committee.  He referred to  the language                                                               
in subparagraph (A) on page 4, line 25, which read:                                                                             
                                                                                                                                
      (A) encourage, direct, or otherwise compel a student                                                                      
          or a teacher, administrator, or other employee to                                                                     
          affirm, adopt, or adhere to a specific belief or                                                                      
          concept.                                                                                                              
                                                                                                                                
CHAIR  HOLLAND  stated  that  this   language  says  that  it  is                                                               
allowable  to encourage  students  to reach  out  to a  political                                                               
organization  or  entity and  espouse  their  beliefs. Still,  it                                                               
prohibits encouraging them to take a specific side on a belief.                                                                 
                                                                                                                                
2:03:03 PM                                                                                                                    
SENATOR REINBOLD acknowledged his  point. She emphasized that the                                                               
significant language  in subparagraph (A) is  that someone cannot                                                               
 compel   a  student,  teacher,  administrator,  or  employee  to                                                               
affirm,  adopt,  or  adhere  to a  specific  belief  or  concept.                                                               
However, it applies to a very  specific and narrow set of beliefs                                                               
outlined in paragraph (2).                                                                                                      
                                                                                                                                
SENATOR REINBOLD referred to page  5, which she said is different                                                               
because it  allows voluntary participation.  She stated  that the                                                               
prior  committee  changed  it from  an  absolute  prohibition  by                                                               
adding  in allowable  actions. She  recalled that  Senator Hughes                                                               
amended the bill in the Senate Education Committee.                                                                             
                                                                                                                                
2:04:11 PM                                                                                                                    
SENATOR HUGHES noted  that page 4 refers to  the requirements and                                                               
page 5  refers to  optional participation.  She offered  her view                                                               
that  the word  encourage  was added  on page  4  because once  a                                                               
school staff encourages  something, they imply that it  is a good                                                               
thing, which  could influence someone.  She pointed out  that the                                                               
language  on page  5 does  not encourage  optional participation.                                                               
Instead, the  language allows informing  students of  speakers or                                                               
seminars as optional  choices, but it does not  allow teachers or                                                               
school staff  to influence them  to attend. She offered  her view                                                               
that  encourage does  not  mean  force, but  it  does express  an                                                               
opinion.  She   acknowledged  that   an  adult   could  influence                                                               
students.                                                                                                                       
                                                                                                                                
2:06:15 PM                                                                                                                    
SENATOR  KIEHL  acknowledged  that  adults have  the  ability  to                                                               
influence  students. He  stated  that the  US  Supreme Court  was                                                               
considering  whether teachers  can  lead prayer  for the  reasons                                                               
Senator  Hughes mentioned.  He  said  that the  use  of the  word                                                               
encourages also  struck him.  He offered his  belief that  it was                                                               
impossible  to understand  20th Century  history without  reading                                                               
Karl Marx  and Friedrich Engels, who  developed Marxism. However,                                                               
that doesn't mean that reading it meant believing a word of it.                                                                 
                                                                                                                                
SENATOR  KIEHL   wondered  about  some  language   in  the  bill,                                                               
including  the language  in subsection  (2)  on page  4, line  5,                                                               
 affirm,  adopt,  or  adhere  to  the  belief  or  concept  that"                                                               
followed by  a list of things  that were suspect under  the bill.                                                               
Subparagraph (B)  lists sex, race,  ethnicity, and  religion, but                                                               
it does  not mention class.  He asked whether class  was excluded                                                               
so that schools were free to teach communism.                                                                                   
                                                                                                                                
2:08:07 PM                                                                                                                    
SENATOR REINBOLD referred to paragraph  (3), which read, "may not                                                               
use public  funds to contract  with, hire, or otherwise  engage a                                                               
speaker, consultant, diversity trainer, or other person to ...."                                                                
                                                                                                                                
SENATOR  REINBOLD  stated that  it  would  be hiring  someone  to                                                               
encourage  students and  school personnel.  She offered  her view                                                               
that the  language was acceptable  as written, given  the context                                                               
used.  She said  she is  uncertain  what Senator  Kiehl meant  by                                                               
class.                                                                                                                          
                                                                                                                                
2:08:52 PM                                                                                                                    
CHAIR HOLLAND  offered his view  that Senator Kiehl  was speaking                                                               
to  the  list [in  subparagraph  (B)]  that included  sex,  race,                                                               
ethnicity, religion, and omitted  economic class or social class.                                                               
He  had asked  whether she  excluded class  to allow  teachers to                                                               
teach communism.                                                                                                                
                                                                                                                                
SENATOR KIEHL  agreed that economic  or social class  was omitted                                                               
from the list.                                                                                                                  
                                                                                                                                
SENATOR  REINBOLD  responded  that  this bill  does  not  address                                                               
communism. She offered her view  that because communism is a form                                                               
of  government,   teachers  could  teach  about   capitalism  and                                                               
communism. She  highlighted that [AS 14.18.160  subparagraph (1)]                                                               
indicates  that  a  teacher cannot  compel  a  student,  teacher,                                                               
administrator, or other  employee to affirm, adopt,  or adhere to                                                               
the belief or concept that                                                                                                      
                                                                                                                                
     [A] the United States or  the state is fundamentally or                                                                    
     irredeemably racist or sexist;                                                                                             
                                                                                                                                
     (B) an  individual by virtue  of sex,  race, ethnicity,                                                                    
     religion, color  or national origin is,  consciously or                                                                    
     unconsciously,    inherently    racist,   sexist,    or                                                                    
     oppressive;                                                                                                                
                                                                                                                                
     (C) an  individual, by virtue of  sex, race, ethnicity,                                                                    
     religion,  color, or  national  origin, is  blameworthy                                                                    
     for actions committed  in the past by  other members of                                                                    
     the  same sex,  race,  ethnicity,  religion, color,  or                                                                    
     national origin;                                                                                                           
                                                                                                                                
     (D)  an  individual's  moral character  is  necessarily                                                                    
     determined, in  whole or in  part, by  the individual's                                                                    
     sex,  race,  ethnicity,  religion, color,  or  national                                                                    
     origin;                                                                                                                    
                                                                                                                                
     (E)  a  sex,  race,   ethnicity,  religion,  color,  or                                                                    
     national origin is inherently superior or inferior; or                                                                     
                                                                                                                                
     (F) an individual should be  adversely treated based on                                                                    
     sex,  race,  ethnicity,  religion, color,  or  national                                                                    
     origin;                                                                                                                    
                                                                                                                                
2:10:47 PM                                                                                                                    
SENATOR  REINBOLD emphasized  that  this  is a  nondiscrimination                                                               
bill, so someone  could not force a person to  believe a concept,                                                               
including that someone was inherently  one way based on the color                                                               
of their skin.                                                                                                                  
                                                                                                                                
2:11:31 PM                                                                                                                    
SENATOR KIEHL referred to subparagraph (2)(A):                                                                                  
                                                                                                                                
     (A)  the United  States or  the state  is fundamentally                                                                    
          or irredeemably racist or sexist;                                                                                     
                                                                                                                                
SENATOR  KIEHL said  he was  unsure what  fundamentally means  in                                                               
this  context. The  US Constitution,  America's fundamental  law,                                                               
had  in its  origin,  protections for  chattel  slavery or  black                                                               
slavery. He  asked whether  teaching that  fact of  history would                                                               
violate this law.                                                                                                               
                                                                                                                                
SENATOR REINBOLD answered  that schools could teach  about the US                                                               
Civil War  and things that  were excluded  or included in  the US                                                               
Constitution.  SB   196  prohibits  directing  or   compelling  a                                                               
student,  administrator, teacher,  or other  employee to  affirm,                                                               
adopt, or adhere to a belief  or concept that the US, in general,                                                               
is  fundamentally   or  irredeemably  racist  or   sexist.  Thus,                                                               
teaching about the holocaust or the Civil War would be fine.                                                                    
                                                                                                                                
2:13:06 PM                                                                                                                    
SENATOR  KIEHL related  that the  practical application  question                                                               
was whether a school may  teach that the fundamental original law                                                               
of the  US had racist  pieces in it.  He wondered if  asking that                                                               
question on a  test would be compelling the student  and, if not,                                                               
what fundamental meant.                                                                                                         
                                                                                                                                
2:13:39 PM                                                                                                                    
CHAIR HOLLAND  opined that Senator  Kiehl was confusing  the idea                                                               
that the United States is  fundamentally racist versus the notion                                                               
that some  of the fundamental  origins of the United  States were                                                               
racist.                                                                                                                         
                                                                                                                                
2:14:30 PM                                                                                                                    
SENATOR REINBOLD pointed out that  many countries had slavery and                                                               
racism,  which  still exists  in  some  places today.  This  bill                                                               
states that schools can't teach  people to hate the United States                                                               
or one another strictly based  on sex, race, ethnicity, religion,                                                               
color, or  national origin. For  example, schools can  talk about                                                               
the people  who hated slavery so  much in this country  that they                                                               
were  willing  to   die  to  prevent  it.   She  emphasized  that                                                               
discrimination  was  creeping  into  the  school  curriculum  and                                                               
activities. She stated  that the intent of SB 196  was to prevent                                                               
horrific  and  hateful  concepts  from taking  root  in  Alaska's                                                               
schools.                                                                                                                        
                                                                                                                                
2:17:05 PM                                                                                                                    
SENATOR HUGHES  highlighted that  the Education  Committee wanted                                                               
to be  sure that  discussions could  occur on  historical events.                                                               
She  stated  that  Legislative   Legal  Services  indicated  that                                                               
nothing in the  bill would prevent teaching  about the Holocaust,                                                               
the Civil  War, or  Martin Luther  King, Jr.  in the  schools, so                                                               
teaching civics would not be prohibited.                                                                                        
                                                                                                                                
2:19:38 PM                                                                                                                    
SENATOR HUGHES stated  support for SB 196.  She encouraged people                                                               
to read  the flyer  posted to BASIS  for an  anti-racist workshop                                                               
offered by the  University of Alaska Anchorage  that was marketed                                                               
to  school district  educators. The  workshop was  entitled,  The                                                               
Anti-Racist  Writing Workshop;  How  to  decolonize the  creative                                                               
classroom.  She  viewed this as  an indicator that  critical race                                                               
theory was creeping into the K-12 system.                                                                                       
                                                                                                                                
SENATOR  HUGHES  expressed  concern  about  parental  rights  and                                                               
having students  exposed at the  high school level. She  said she                                                               
also  read an  article on  the  math curriculum  in Florida.  She                                                               
noted that  many elements  would not be  allowed under  this bill                                                               
since  they  were  attempting  to   influence  children  on  some                                                               
matters. She  offered her belief that  the transparency provision                                                               
in the  bill was  excellent. She urged  members to  consider what                                                               
type of curriculum schools should be teaching.                                                                                  
                                                                                                                                
2:20:39 PM                                                                                                                    
SENATOR SHOWER  stated that fundamentally parents  have the right                                                               
to teach  their children, and teachers  do not have the  right to                                                               
teach  concepts  that parents  disagree  with,  depending on  the                                                               
topic and court rulings. He  referred to subparagraph (A) on page                                                               
4,  line  7.  He  offered   his  view  that  fundamentally  means                                                               
foundation. He  stated that although many  founding fathers owned                                                               
slaves, they  did not like it  and foresaw that it  would change.                                                               
He  noted the  three-fifths compromise  [art. II,  sec. I  was an                                                               
agreement reached  during the  1787 US  Constitutional Convention                                                               
over  counting enslaved  people  in determining  a state's  total                                                               
population. It counted any enslaved  person as three-fifths of an                                                               
individual.]  Today racism  is illegal,  but legislation  doesn't                                                               
change someone's heart.                                                                                                         
                                                                                                                                
SENATOR SHOWER  referred to  line 8  to the  term  irredeemably,                                                                
which  he viewed  as  the most  important word  in  the bill.  He                                                               
offered his  belief that  the United  States is  not irredeemably                                                               
racist  or bad.  Instead, the  United States  represents a  self-                                                               
correcting  experiment  that  should  get better  over  time.  He                                                               
agreed that teachers  should not teach that the  United States or                                                               
the state is fundamentally or irredeemably racist or sexist.                                                                    
                                                                                                                                
2:24:00 PM                                                                                                                    
SENATOR KIEHL agreed  that the United States  is not irredeemably                                                               
racist.   The   bill   uses   the   language   fundamentally   or                                                               
irredeemably.  He stated  that  the  definition of  fundamentally                                                               
includes "an essential  part of" and "a foundation  or basis." He                                                               
agreed  with  Chair Holland's  description.  He  stated that  the                                                               
University   of  Alaska   offered  the   course  Senator   Hughes                                                               
mentioned.  It  is  not  a   course  taught  to  school  district                                                               
students.  The  flyer  does  not indicate  that  it  is  required                                                               
attendance for teachers, counselors,  or district contractors. He                                                               
asked how the bill would cancel the workshop.                                                                                   
                                                                                                                                
2:25:35 PM                                                                                                                    
SENATOR HUGHES  noted that the  University of Alaska's  space was                                                               
used for  the class. It  turns out the Municipality  of Anchorage                                                               
funding  was from  a prior  administration. She  stated that  her                                                               
point was  that this  provided an example  that this  thinking is                                                               
infiltrating  the  schools.  For  instance,  in  July  2021,  NEA                                                               
discussed the  topic, encouraging  teachers to  incorporate these                                                               
teachings in the K-12 classroom.                                                                                                
                                                                                                                                
2:26:43 PM                                                                                                                    
CHAIR HOLLAND said the flyer  targets K-12 teachers. He expressed                                                               
concern that the flyer illustrated  that it instructs teachers to                                                               
teach a  certain way.  This bill  does not  address that,  but it                                                               
tries  to   ensure  that  teachers  teach   students  fairly  and                                                               
impartially.                                                                                                                    
                                                                                                                                
2:27:31 PM                                                                                                                    
SENATOR  KIEHL stated  that he  shares  Senator Shower's  concern                                                               
that  the university  was offering  training  designed to  ensure                                                               
that  teachers are  not using  racist  methods or  racism in  the                                                               
classroom.                                                                                                                      
                                                                                                                                
CHAIR  HOLLAND   offered  his   view  that   the  bill   was  not                                                               
specifically targeting UAA training.                                                                                            
                                                                                                                                
2:28:19 PM                                                                                                                    
SENATOR  REINBOLD suggested  potential amendments,  including one                                                               
from  Florida that  would set  curriculum  standards that  ensure                                                               
curriculum  and  teacher   professional  development  align  with                                                               
required instruction  and state standards, including  no critical                                                               
race theory or  common core standards. She offered  her view that                                                               
common core allowed  this type of crud to creep  in. She referred                                                               
to an article from the Alaska Watchman, which read, in part:                                                                    
                                                                                                                                
     The  Anchorage  School  District is  offering  a  staff                                                                    
     leadership  program  this  summer that  excludes  white                                                                    
     people from participating.                                                                                                 
                                                                                                                                
     Open to  teachers, counselors, or nurses,  the Minority                                                                    
     Leadership Program  aims to "empower staff  of Color to                                                                    
     ascend  through  the  ranks of  leadership  within  the                                                                    
     Anchorage School District."                                                                                                
                                                                                                                                
     In order to participate  in the program, employees must                                                                    
     be "staff  of color,"  the notice  states. It  fails to                                                                    
     clarify, however, exactly what  this encompasses or how                                                                    
     the district will determine whether an applicant is a                                                                      
     person of sufficient color.                                                                                                
                                                                                                                                
SENATOR  REINBOLD  emphasized  that  this bill  would  unify  and                                                               
uphold the US  Constitution, aligning with current AS  14 and 18.                                                               
She stated  her preference  for CSSB 196(EDC),  Version D  of the                                                               
bill.                                                                                                                           
                                                                                                                                
2:30:02 PM                                                                                                                    
CHAIR HOLLAND held SB 196 in committee.                                                                                         

Document Name Date/Time Subjects
SB 196 Sponsor Statement 2.21.22.pdf SEDC 3/25/2022 9:00:00 AM
SJUD 4/25/2022 1:30:00 PM
SB 196
SB 196 Sectional 2.25.22.pdf SEDC 3/25/2022 9:00:00 AM
SJUD 4/25/2022 1:30:00 PM
SB 196
SB 196 Legal Memo.pdf SJUD 4/25/2022 1:30:00 PM
SB 196
Comparison of HB 246 and SB 207.pdf SJUD 4/25/2022 1:30:00 PM
HB 246
HB 246 Sectional Analysis ver I.pdf SJUD 4/25/2022 1:30:00 PM
HB 246
HB 246 Sponsor Statement Version I.pdf SJUD 4/25/2022 1:30:00 PM
HB 246
HB 246 Explanation of Changes ver B to I.pdf SJUD 4/25/2022 1:30:00 PM
HB 246
Testimony for SB196 25 march 2022.docx SJUD 4/25/2022 1:30:00 PM
SB 196