Legislature(2013 - 2014)CAPITOL 106
04/10/2013 09:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB197 | |
| HB189 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 197 | TELECONFERENCED | |
| *+ | HB 189 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
April 10, 2013
9:01 a.m.
MEMBERS PRESENT
Representative Lynn Gattis, Chair
Representative Lora Reinbold, Vice Chair
Representative Gabrielle LeDoux
Representative Dan Saddler
Representative Paul Seaton
Representative Peggy Wilson
Representative Harriet Drummond
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 197
"An Act requiring the establishment of a reading program in
school districts for grades kindergarten through three;
providing for student retention in grade three; and providing
for a report on the reading program and on student retention."
- HEARD & HELD
HOUSE BILL NO. 189
"An Act relating to hazing."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 197
SHORT TITLE: LITERACY PROGRAM
SPONSOR(s): REPRESENTATIVE(s) LEDOUX
04/02/13 (H) READ THE FIRST TIME - REFERRALS
04/02/13 (H) EDC, FIN
04/08/13 (H) EDC AT 8:00 AM CAPITOL 106
04/08/13 (H) <Bill Hearing Canceled>
04/10/13 (H) EDC AT 9:00 AM CAPITOL 106
BILL: HB 189
SHORT TITLE: HAZING
SPONSOR(s): REPRESENTATIVE(s) KREISS-TOMKINS
03/27/13 (H) READ THE FIRST TIME - REFERRALS
03/27/13 (H) EDC, JUD
04/08/13 (H) EDC AT 8:00 AM CAPITOL 106
04/08/13 (H) <Bill Hearing Canceled>
04/10/13 (H) EDC AT 9:00 AM CAPITOL 106
WITNESS REGISTER
LISA VAUGHT, Staff
Representative Gabrielle LeDoux
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 197, on behalf of
Representative LeDoux, prime sponsor.
MIKE HANLEY, Commissioner
Department of Education and Early Development (EED)
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions the
discussion of HB 197.
BOB GRIFFIN, Education Research Volunteer
Alaska Policy Forum
Eagle River, Alaska
POSITION STATEMENT: Testified during the discussion of HB 197.
ELIZABETH DOWNING, Vice President
Board of Education
Kenai Peninsula Borough School District (KPBSD)
Homer, Alaska
POSITION STATEMENT: Testified during the discussion of HB 197.
REPRESENTATIVE JONATHAN KREISS-TOMKINS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 189, as prime sponsor.
TULLY MCLOUGHLIN, Staff
Representative Jonathan Kreiss-Tomkins
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained the proposed committee
substitute, Version O, on behalf of Representative Kreiss-
Tomkins, sponsor of HB 189.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU-Alaska)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 189.
GARY MATTHEWS, Executive Director
Alaska School Activities Association (ASAA)
Anchorage, Alaska
POSITION STATEMENT: Testified in support of the committee
substitute for HB 189.
BRUCE JOHNSON, Executive Director
Alaska Council of School Administrators (ACSA)
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 189.
ACTION NARRATIVE
9:01:17 AM
CHAIR LYNN GATTIS called the House Education Standing Committee
meeting to order at 9:01 a.m. Representatives P. Wilson,
Drummond, LeDoux, Reinbold, and Gattis were present at the call
to order. Representatives Saddler and Seaton arrived as the
meeting was in progress.
HB 197-LITERACY PROGRAM
9:01:54 AM
CHAIR GATTIS announced that the first order of business would be
HOUSE BILL NO. 197, "An Act requiring the establishment of a
reading program in school districts for grades kindergarten
through three; providing for student retention in grade three;
and providing for a report on the reading program and on student
retention."
9:02:24 AM
REPRESENTATIVE LEDOUX, speaking as the sponsor of HB 197,
paraphrased from a prepared statement, which read as follows
[original punctuation provided]:
This legislation seeks first to establish a reading
program in school districts for grades K through 3.
According to a study by the Annie E Casey Foundation,
literacy in third grade affects the chances that a
student will graduate from high school. It is
imperative that we take action to make sure that
Alaska's children can read at grade level or above by
third grade.
This bill requires regular assessments to identify
students who are not at grade level and to remediate
the deficiency as quickly as possible.
Additionally, this bill provides early notification to
parents and information on how they can assist their
child.
HB 197 also provides for retention in 3rd grade if a
student does not meet the required minimum reading
standards. This would eliminate social promotion and
make it literacy based promotion.
9:03:45 AM
LISA VAUGHT, Staff, Representative Gabrielle LeDoux, Alaska
State Legislature, presented HB 197 on behalf of the sponsor,
Representative LeDoux, paraphrasing from a prepared statement,
which read, as follows [original punctuation provided]:
This legislation seeks to require the establishment of
a reading program in school districts for grades
Kindergarten through 3 and for student retention in
grade 3 if a student doesn't meet the required minimum
reading standards set forth by the state.
Based on an analysis of reading scores and graduation
rates over 10 years, students who could not read by
the end of third grade were four times more likely to
drop out of high school, of those that dropped out 88%
were struggling readers in 3rd grade. The societal
impacts and costs of low graduation rates are
profound. Research shows a strong correlation between
dropping out of high school and lower lifetime income,
higher use of public assistance and higher
incarceration rates. Estimates on the total lifetime
cost to society for each new cohort of dropouts
accumulate into hundreds of billions of dollars.
Reading is key to closing the achievement gap. The
analysis found that differences in reading achievement
explains differences in graduation rates between
students of different races and ethnicities. Poor
African-American and Hispanic students who are
struggling readers are about 8 times more likely to
drop out of high school than proficient readers.
Conversely, proficient third grade readers of all
races graduate at similar rates. 89% of economically
disadvantaged students in the study, who achieved
proficient reading skills by 3rd grade, graduated.
Alaska, according to National Assessment of Education
Progress (NAEP) data rates near the bottom in 4th
grade reading scores. In 2011 only 25% of 4th-graders
in Alaska were "proficient" or above in reading by
national standards. Children who fail to learn to
read by third grade can recover and catch up later but
it is a very painful and resource intensive process.
It is clear that we need reform in Alaska's education
system. If we continue with more of the status quo we
will continue with the same results. HB 197 seeks to
put in place a literacy program in school districts
around the state. This program requires regular
reading assessments of students beginning in
Kindergarten. Participation in statewide assessments,
elimination of social promotions, and provides for
retention of students in 3rd grade who are not reading
proficiently.
Many Alaska school districts currently engage in the
practice of social promotion. This means that
children, regardless of academic abilities are passed
from grade to grade simply to keep them with their
peers. However, each year, many of them have failed to
learn basic literacy skills in the developmentally
critical grades. Rather than addressing these
problems, a social promotion simply moves these
students to the next grade level. This is especially
destructive for children in the early grades. Learning
to read does not get easier with age. As a result,
illiterate 3rd graders move on to become illiterate
4th graders, and then 5th and 6th and 7th graders.
Third grade is the year that students transition from
"learning to read" to "reading to learn." Imagine a
5th grader, reading on a 2nd grade level, sitting in a
science class. These students will not grasp the
vocabulary and scientific concepts described in the
textbooks because they cannot read - literally. Grade
level material keeps increasing year after year, but
these students cannot keep up because they cannot
read. These students have been described as
disruptive, restless and bored. They often do not
finish school, let alone go on to college. We must
take steps to change this outcome.
Several states have implemented literacy-based
promotion. One of those states is Florida. I would
like to point you to the document provided this
morning called Florida's Education Revolution.
Florida uses the Florida Comprehensive Assessment Test
(FCAT) to measure student progress. There are 5
achievement levels and level 1 equates to "functional
illiteracy". On page 4 there is a graph showing the
percentage of students retained the first year the
policy was implemented. You will notice that there
was a steady decline in number of students retained
and a steady decline in achievement level 1. Florida's
reading scores have drastically improved since the
literacy-based promotion was implemented. It was
combined with regular assessments, good reading
instruction and intervention in grades K-2, monitoring
programs and a parental involvement component.
Holding back a child is not an easy decision but the
alternative is to move them ahead and hope for the
best and then watch them struggle. We can do better
for our children than that. We do not help our
children by passing them on without the skills to
become successful adults. I have heard it said on
numerous occasions that our children are our future.
We pour money into education so we can train the
leaders of tomorrow. Let's make sure that we give
them the tools to be successful. Let's make sure they
can read. Let's close the achievement gap and give as
many students as possible the chance to succeed. HB
197 seeks to do that. I urge your support of HB 197.
9:09:50 AM
COMMISSIONER HANLEY, Commissioner, Office of the Commissioner,
Department of Education and Early Development (EED),
acknowledged the importance of reading proficiency by third
grade. He said the fiscal note for the state is zero; however,
it will cost the school districts additional resources to
accomplish the tasks and implement strategies. He characterized
the intervention strategies in the bill as positive, including
that school districts should provide extended times, smaller
student/teacher ratios, and summer camps. Despite the positive
nature of the strategies, HB 197 still represents an unfunded
mandate unless support is provided. While he said he was not
speaking against the bill, he cautioned that the zero fiscal
note for the bill does not represent the school district's
implementation costs.
9:11:29 AM
REPRESENTATIVE P. WILSON offered that evidently schools are not
currently conducting these strategies.
COMMISSIONER HANLEY said some schools have reading programs and
should already be diagnosing students, but strategies are not
necessarily being followed due to the cost of the programs.
REPRESENTATIVE P. WILSON remarked that some school districts
don't have the ability to follow-up on services. She asked for
clarification on what instituting summer school would mean to
the department.
COMMISSIONER HANLEY expressed a willingness to be open about
discussing this issue. He offered his belief that to offer
summer school, every K-3 elementary school would require one
additional staff person, one literacy person, to allow for
smaller groups, intensive monitoring, and summer programs or to
implement other strategies.
REPRESENTATIVE P. WILSON honed in on the summer school aspect
since many schools don't have summer school. She asked whether
these school districts would need to spend funds to send the
students elsewhere or to hold the summer program.
COMMISSIONER HANLEY surmised that if a school doesn't have a
summer school they would not require the student to go
elsewhere, but the bill would require schools to have a summer
school. From his experience in elementary schools, he
envisioned this would require districts to provide a stipend for
a teacher to provide a summer program.
9:13:56 AM
REPRESENTATIVE REINBOLD suggested that the bill would result in
long-term benefits. Since dropouts are more likely to be on
public assistance or in the prison system, this program could
save money in the long term with better educated, more socially
responsible adults. She expressed concern that the legislature
has repeatedly asked for more information on current programs in
K-3 to better evaluate them, but has not received the
information. She asked whether private foundations would be a
resource to support literacy in conjunction with schools.
COMMISSIONER HANLEY answered that the bill specifically directs
school districts, rather than the state to take actions. Thus
the department wouldn't implement the strategies indicated in
the bill. While partnering with private entities is always a
good strategy, he suggested that some long-term resources would
still be necessary to implement the strategies in the bill.
REPRESENTATIVE REINBOLD asked for outcome analysis of existing
programs.
COMMISSIONER HANLEY said the school districts put the programs
in place and the department's role is to set the standards for
students to achieve and allow school districts to determine how
to meet the standards. Therefore the EED does not monitor
outcomes. He suggested that the school districts could provide
information on current programs.
CHAIR GATTIS remarked that Representative Reinbold has hit on
some key questions, which the committee will be working on
during the legislative interim.
9:16:33 AM
REPRESENTATIVE DRUMMOND expressed ongoing frustration that a
zero fiscal note means the department does not anticipate fiscal
impacts; however, the bill can translate into a huge cost to
school districts. In any case, this program appears to be very
positive and a good direction to move. School districts are
calling for reduced pupil/teacher ratios and tutoring, but
school districts can't do so due to funding issues. In fact,
the Anchorage School District (ASD) is cutting summer schools
due to inadequate funding. She concurred with Commissioner
Hanley that school districts will need additional funds to
implement the strategies in the bill. She briefly discussed
some strategies under the bill, including providing an
additional staff person per school, or about 500 additional
staff.
COMMISSIONER HANLEY acknowledged that not all schools are
elementary schools, so he estimated the figure might be closer
to 400 schools.
9:18:12 AM
REPRESENTATIVE SADDLER referred to "social promotion" and asked
whether a formal policy exists. He further asked for any costs
for a student who is not advanced.
COMMISSIONER HANLEY said there is not a social promotion policy
based on age; however, some practices exist that may place a
student in a class based on age. He offered his belief that
retention is considered seriously. He related a scenario in
which a student is not reading well due to dyslexia, but is
proficient in other academic areas, such as math or science. He
asked whether it would be considered social promotion to advance
the student and offer individual support in reading. In fact,
schools make decisions such as this all the time. A primary
correlation exists between retention and dropouts. Naturally,
as the child ages, self-esteem and peer issues arise and can
influence the dropout factors. He referred to some Florida
information on retention and promotion with good cause.
9:20:54 AM
REPRESENTATIVE SADDLER asked for clarification. He asked
whether this means a student being held back is likely not to
graduate at all.
COMMISSIONER HANLEY responded that according to research, yes.
REPRESENTATIVE SADDLER asked for the number of students in
Alaska who are not promoted each year. He further asked whether
this bill would improve the overall graduation level or if the
costs would be greater than the benefits.
COMMISSIONER HANLEY predicted that intervention strategies would
make a difference and have a positive impact. However, he urged
caution to proceed carefully when defining good cause, and allow
promotion to occur depending on other proficiencies, despite the
child lagging behind on literacy skills.
9:22:14 AM
REPRESENTATIVE DRUMMOND remarked that the programs such as Best
Beginnings, Parents as Teachers, and other Pre-K programs that
are diminishing due to funding. She suggested that coming to
school ready to learn would avoid some issues.
COMMISSIONER HANLEY cautioned that children don't start learning
in Kindergarten so any intervention that helps them be a
success, socially and academically, can result in a well-rounded
healthy child.
9:23:06 AM
REPRESENTATIVE SADDLER referred to page 3, line 20, to
subparagraph (A), which read, "instructional strategies that are
research-based and employed daily for at least 90 minutes at the
same time each day; ... " He was unsure if this refers to a
research-based element. He asked for clarification on the
importance of having the instruction provided at the same time
each day.
MS. VAUGHT answered that it helps a student to have a routine,
which could be good for the student.
9:24:08 AM
BOB GRIFFIN, Education Research Volunteer, Alaska Policy Forum,
referred to the committee handout entitled," The Urgent Need for
K-12 Education Reform in Alaska." He stated that the report is
one he published, which highlights the urgent need to improve
student outcomes in elementary literacy. He directed attention
to the bar chart on the last page that shows pretty clearly the
need for significant action. The chart on the left, according
to NEA-Alaska figures, shows that Alaska leads the nation in per
capita state and local spending on K-12 education. The chart on
the right shows Alaska is dead last in 4th grade reading for
upper and middle income students, as well as for low-income
students, based on 2011 EED figures. He offered his belief that
elementary education is a key component of K-12 education. In
addition, third grade literacy is important in terms of high
school graduation. The negative impact of not promoting a
student with peers is addressed in the handout published by the
Manhattan Institute, No. 68 April 2012, Civic Report, titled
"The Benefits of Florida's Test-Based Promotion System." He
explained that the study uses regression-distant continuity,
which closely examines Florida students, who have been tracked
since 2002. The students who were narrowly retained, who scored
slightly lower, significantly outperformed the students who were
not retained. In any case, there are various studies on the
social promotion, but some good neurological science shows that
learning to read by age 10 is a pretty important skill. As
previously stated, it can be an expensive process to try to
teach these skills at a later age.
9:27:28 AM
ELIZABETH DOWNING, Vice President, Board of Education, Kenai
Peninsula Borough School District (KPBSD), also has served on
the legislative committee, as well as on her own behalf. She
emphasized the importance of attaining literacy by third grade.
She pointed out the remediation plan outlined in the bill may be
best practice, but it makes sense to require school districts to
have a literacy plan, verified by EED to significantly improve
literacy. She stressed her preference to leave it to the school
districts to address the mechanics. Granted, this prescriptive
bill may provide a guideline, but as a school board member, she
prefers not to have the detailed strategies in the bill. One
area of concern is the requirement of retention in third grade
or to offer a special class. In fact, she asked whether this is
addressed by differential instruction in the classroom. The
American Academy of Pediatrics and John Hopkins University
Center for Public Health both warn against retention. The
negative impact of retention is similar to the negative impact
of a student not learning to read by third grade, which is often
exhibited when the child becomes a teenager. One can imagine a
15-year-old in a class with 12-year-old or 13-year-old students.
She related her own personal experience, such that her own son
was ill when he took a high-stakes reading test in second grade.
Due to his borderline score, he was recommended for a reading
pull-out program in third grade. While she understood the
reason, she anticipated he would receive additional attention,
which she thought would be fine. Instead, during his reading
time, he read lower-level books, but he brought home more
advanced books his peers were reading. After two months, it was
apparent how inappropriate it was for him to be in a pull out.
Even though he is now 16 and a straight "A" student, he does not
view himself as a reader. He remembers that he had a "problem"
when he was in third grade, which has had a negative impact on
his self-perception as a learner. Again, she recommended that
the bill be amended to require school districts to develop a
plan to improve literacy. She cautioned against a prescriptive
bill in place that could negatively impact school districts.
9:32:02 AM
REPRESENTATIVE P. WILSON asked her whether the pull-out program
or grade retention would have had more negative impact.
MS. DOWNING responded she did not think it would be worse than
being retained; however, so many strategies are available as an
awareness of the value of literacy by third grade is now
recognized. Certainly, the Best Beginnings program, and the
Pre-K support could make a significant impact on literacy into
K-2. In particular, students in Pre-K programs that were Title
I eligible no longer needed special pull-outs in K-2. The state
has just begun to provide this program, but it is not doing
enough for early intervention; however, she anticipated this
bill would have a huge impact on the 4th grade and 8th grade
[evaluations] in the next few years.
9:34:17 AM
CHAIR GATTIS announced that public testimony would be kept open
and the bill would be held.
REPRESENTATIVE P. WILSON related she previously served as a
school nurse. At that time, it was not unusual to retain a
child. She remarked she was struck by the consistent remarks
students would volunteer, such as that they were in second grade
but were supposed to be in third grade. She concluded to a
great extent, students are stigmatized by the effect. She
stated support for HB 197. She emphasized districts should have
programs and plans in place to support reading, to identify
students who need assistance, and provide assistance to avoid
having to retain students. The bill may need some changes, but
she likes the bill.
[HB 197 was held over.]
HB 189-HAZING
9:37:14 AM
CHAIR GATTIS announced that the final order of business would be
HOUSE BILL NO. 189, "An Act relating to hazing."
9:37:29 AM
REPRESENTATIVE JONATHAN KREISS-TOMKINS, Alaska State
Legislature, speaking as the sponsor of HB 189, stated that
HB 189 would define and add hazing to the criminal code, as well
as add hazing to school district policies across Alaska. This
bill has been modeled on legislation that exists in 44 other
states. He said that hazing is a problem in high schools and
school environments. He explained that it is considered hazing
when a group of students with power and seniority use it to
coerce other students in unpleasant activities. These actions
can harm the students emotionally and physically. He has
personally observed this in high school. In closing, this bill
would bring Alaska in line with 44 other states to identify
hazing as a problem. He has worked with a number of
organizations on the bill and Senator Fairclough has introduced
a companion bill in the Senate.
9:39:25 AM
REPRESENTATIVE REINBOLD moved the committee substitute for
HB 189, Version O, labeled 28-LS0672\O, Strasbaugh, 4/9/13.
There being no objection, Version O was before the committee.
9:40:03 AM
TULLY MCLOUGHLIN, Staff, Representative Jonathan Kreiss-Tomkins,
Alaska State Legislature, on behalf of the sponsor,
Representative Kreiss-Tomkins, explained the changes to the
original bill, in the proposed committee substitute (CS) for HB
189, Version O.
MR. MCLOUGHLIN referred to proposed Section 1 of HB 189, Version
O, would change "risk of physical injury" to "substantial risk
of serious physical injury" to better reflect the language for
reckless endangerment. Basically, reckless endangerment is a
class A misdemeanor, as is hazing as defined in the bill. In
addition, the felony provision was removed after holding
discussions with the attorney general since the level of crime
would be covered elsewhere in the criminal code.
MR. MCLOUGHLIN referred to proposed Section 1 (b), Version O,
which would delete the reference to "normal and customary" and
replace it with "conduct that is reasonably expected to occur
when participating in athletic physical education, military
training, or similar programs." He explained that if a military
exercise consisted of a five-mile run, the participants could
not claim the routine exercise as hazing.
MR. MCLOUGHLIN referred to proposed Section 7, Version O, which
would requires a school employee, or volunteer who has
witnessed, or has reliable information about an act of hazing to
report the hazing activity. Version O added language that a
failure to report "shall" result in appropriate disciplinary
action.
MR. MCLOUGHLIN explained that proposed Section 10 provides
definitions to AS 14. Version O will also change the
definitions in AS 14 to match the definitions in the criminal
code, AS 11, in proposed Section 1 of HB 189. He explained that
on page 3, line 21, [the burden of proof for hazing] was changed
from "intentional act" to "knowingly" to correspond [to the
proof required in Section 1 of HB 189, which states " ... the
person knowingly engages ..." and finally, on page 4, line 4,
the language is changed from the language in the original
version, which was "normal and customary" to "an act or
situation that is reasonably expected to occur." This is a
conforming change.
9:43:43 AM
REPRESENTATIVE REINBOLD requested specific examples of hazing
and whether the bill pertains to a specific age group in Alaska.
REPRESENTATIVE KREISS-TOMKINS cited a situation in Sitka in
which high school seniors tied a group of freshman to trees and
left them. He explained the bill was suggested by a Mount
Edgecombe teacher. Students at Mount Edgecombe were surveyed
and a number of them related hazing incidents. Additionally, in
Juneau, a wrestling team recently had untoward physical hazing
from upper classmen. He reported that nationwide nearly half,
or 47 percent of high school students, have undergone hazing.
9:45:50 AM
REPRESENTATIVE LEDOUX suggested that the activity of students
being tied to trees would fall under assault in the existing
criminal code.
MR. MCLOUGHLIN agreed that assault is in the criminal code as
one means to address the students left tied to trees. However,
the purpose of inserting hazing is to clearly define hazing as a
deviation from the social norm and highlight that hazing is
wrong. This bill would help ensure that hazing is identified as
a crime, specifically as it pertains to the initiation into or
affiliation with a student group. The sponsor emphasized it
merited its own definition in criminal law.
9:47:26 AM
REPRESENTATIVE LEDOUX asked for an example of hazing that is
covered in HB 189 that would not be considered a crime in the
current criminal code.
MR. MCLOUGHLIN answered that he couldn't think of anything
specific. The incidents of hazing could fall under any number
of crimes. The class A misdemeanor penalties are the same as
Assault in the Second Degree. However, the criminal definition
in proposed Section 1 is more restrictive than one offered in
the one in proposed Section 10. This bill would pertain to
school districts and schools to address hazing through
disciplinary actions. He maintained that 44 other states have
considered this type of legislation and found it important and
reasonable to consider as a criminal act.
REPRESENTATIVE LEDOUX understood adding hazing in terms of how
it pertains to school districts, but she expressed concern about
adding hazing to the criminal code since the activity is already
addressed in the code.
REPRESENTATIVE KREISS-TOMKINS emphasized that defining hazing in
the criminal code is important due to the power asymmetry
aspects. Lower classmen may submit to the upper classmen and
accept hazing as a coercive assent for participation in a group
activity. Adding hazing as a misdemeanor would specifically
address that activity. Granted, the criminal activity is
covered; however, the blanket charge of assault could be
confusing and students might not understand they have an avenue
to seek redress through the school district or the courts,
especially given the coercion aspects.
MR. MCLOUGHLIN directed attention to page 1, lines 12-14, to
subsection (c), which specifically addresses this, which read,
"It is not a defense to a prosecution for a crime under this
section that the individual against whom the act or situation
was directed consented to or acquiesced in the act or
situation."
9:50:43 AM
REPRESENTATIVE P. WILSON directed attention to page 1,
subsection (d), and compared to it page 4 lines 9-10 of HB 189,
which defines organization. She explained that AS 14 adds a
connection to schools and she was unsure why the definition
should be different in AS 11 than it is in AS 14. She again
referred to subsection (d), which read, "organization" means a
fraternity, sorority, association, corporation, order, society,
corps, cooperative, club, service group, social group, faith-
based group, athletic team, or similar group whose members are
primarily students."
REPRESENTATIVE KREISS-TOMKINS offered his belief that the
definition in Section 10, relates to elementary, middle, or
secondary schools is because it would apply to school district
policy.
REPRESENTATIVE P. WILSON referred to page 2, line 3, subsection
(e) of Version O. She asked for the penalty provisions for a
class A misdemeanor.
MR. MCLOUGHLIN answered that the maximum penalty for a class A
misdemeanor is up to one year in prison.
REPRESENTATIVE P. WILSON referred to page 3, line 16, proposed
Section 7, which read, " ... ; failure to report shall result in
appropriate disciplinary action." She asked what would
constitute appropriate disciplinary action under this language.
MR. MCLOUGHLIN answered that everything after proposed Section 1
of HB 189 pertains to school district policy. The disciplinary
action in proposed Section 7 would be taken by either the school
district or the school.
REPRESENTATIVE P. WILSON asked whether schools would be required
to have policies in place or if something happened the school
would decide what to do.
MR. MCLOUGHLIN referred to Section 2, which read, as follows
[original punctuation provided]:
(a) Each[BY JULY 1, 2007, EACH] school district shall
adopt a policy that prohibits the hazing, harassment,
intimidation, or bullying of any student. Each school
district shall share this policy with parents or
guardians, students, volunteers, and school employees.
MR. MCLOUGHLIN responded that each school district should adopt
a policy to address hazing and the appropriate disciplinary
action.
9:55:45 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU-Alaska), offered his support for HB 189.
He said hazing and bullying are serious concerns in Alaska's
schools and throughout the country. This bill goes a long way
towards addressing that issue in a very real and important way.
The ACLU-Alaska strongly supports proposed Sections 2-10. He
offered to continue work with the sponsor on the criminal
provisions. The ACLU has expressed some concern about the bill
criminalizing student behavior, but anticipates working with the
sponsor to address these issues.
9:56:51 AM
REPRESENTATIVE DRUMMOND assumed the letter in members' packets
referred to an earlier version of the bill.
MR. MITTMAN said that is correct.
9:57:14 AM
GARY MATTHEWS, Executive Director, Alaska School Activities
Association (ASAA), stated that he submitted a letter dated
April 2, 2013 in support of the bill. He said the ASAA does not
specifically have rules that prohibit hazing but it is a concern
to coaches, schools, families, students, and communities.
Additionally, students have the right to feel safe in school and
during school activities without threat of intimidation.
Granted, many school districts have anti-bullying policies in
place. However, it makes sense to expand those to include
prohibitions on hazing. He was unsure how many districts
specifically include hazing in their current policies. He
acknowledged that hazing happens in Alaska. In fact, during the
past few years there have been notorious cases involving
athletes in Alaska, some of which have been sexual in nature.
Fortunately, serious injuries have been avoided, but it does not
mean that Alaska should lower its vigilance. In conclusion, he
said the ASAA supports the bill, as amended.
9:58:53 AM
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators (ACSA), offered his belief that this bill will
shine a bright light on hazing. It is appropriate that this
happen. Recent incidents have been reported to indicate youth
are subjected to hazing. The ACSA would like to be on record to
eliminate any hazing. Further the ACSA supports the proposed CS
for HB 189, [Version O.]
10:00:14 AM
REPRESENTATIVE LEDOUX said it appears there may be certain cases
of hazing that encompasses mental distress versus physical harm.
She asked whether First Amendment rights would be breeched by
this law if "mean teasing" is part of the bill.
MR. MITTMAN responded that the ACLU-Alaska will want to
carefully analyze the proposed CS to make a determination. The
ACLU has historically taken the viewpoint that it is important
to punish the actions not speech or thoughts. Therefore the
ACLU-Alaska has been working with the bill sponsor to ensure the
bill will punish behavior and actions and not speech or
thoughts. He expressed confidence that this can be addressed.
REPRESENTATIVE KREISS-TOMKINS commented he is working with the
attorney general on the ACLU's concerns. He said the language
in Section 1 has been refined. However, Section 10 has a more
expansive definition of hazing, but it is not defined as
criminal activity.
10:02:41 AM
REPRESENTATIVE P. WILSON referred to page 4, line 1, which read,
"to the risk of physical injury or severe mental or emotional
injury, ... " which she viewed as subjective. She related in
her own family, one of her five siblings found some things that
happened to them were "emotional" but the remaining siblings
view the experiences differently. Therefore, she surmised that
every student will experience similar events differently.
However, while bullies tend to focus in on perceived weaknesses
and some students can be traumatized, others are not affected.
She cautioned that it is subjective and can be difficult to
define.
REPRESENTATIVE KREISS-TOMKINS responded that the point is an
excellent point. First, the bill leaves it to the school
districts on harassment and intimidation. Secondly, it is
difficult to define emotional and mental injury. He relayed a
reported incident from a Chicago girls' soccer hazing that was
inappropriate, although the hazing did not result in physical
injury. Again, it's up to the school districts to decide, he
said.
CHAIR GATTIS, after first determining no one else wished to
testify, closed public testimony on HB 189.
10:06:08 AM
REPRESENTATIVE DRUMMOND commented there are enough instances of
hazing in Alaska perpetrated on students in Alaska to indicate
it's important to cover as many definitions as possible to
provide clarity and support to the school districts.
10:07:02 AM
CHAIR GATTIS thanked the sponsor for bringing the bill forward.
She said she thinks the bill helps elevate the conversation and
better identify that hazing exists.
[HB 189 was held over.]
10:07:32 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 10:07 a.m.