Legislature(2015 - 2016)CAPITOL 106
04/06/2016 08:00 AM House EDUCATION
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| Audio | Topic |
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| Start | |
| HB352 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 352 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
April 6, 2016
8:05 a.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Liz Vazquez, Vice Chair
Representative Jim Colver
Representative Paul Seaton
Representative David Talerico
Representative Harriet Drummond
Representative Ivy Spohnholz
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 352
"An Act relating to disciplinary sanctions imposed by the State
Medical Board; restricting employees and representatives of
abortion services providers, and affiliates of abortion services
providers, from delivering instruction or distributing materials
in public schools and providing civil penalties for violations;
relating to revocation or suspension of teacher certificates;
relating to the receipt of state funds by teachers and school
board members; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 352
SHORT TITLE: LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS
SPONSOR(s): REPRESENTATIVE(s) GATTIS
02/24/16 (H) READ THE FIRST TIME - REFERRALS
02/24/16 (H) EDC, L&C
04/06/16 (H) EDC AT 8:00 AM CAPITOL 106
WITNESS REGISTER
REPRESENTATIVE LYNN GATTIS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 352 as prime sponsor.
ANDY HOLLEMAN, Spokesperson
Anchorage Education Association (AEA)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
JUDY ANDREE, Spokesperson
League of Women Voters
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
CHRISTINE NIEMI
Douglas, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
JANE ANDREEN, President, Alaska Public Health Association (APHA)
Chair, Statewide Steering Committee for the
Alaska Women's Lobby (AWL)
Douglas, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
ALYSON CURRY, Representative
Planned Parenthood Votes Northwest and Hawaii
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
LISA EAGAN LAGERQUIST
Douglas, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
DEBI BALLAM, RN
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to HB 352; her
statement was read into the record by Lisa Eagan Lagerquist.
AURORA HOEFFERLE
Dillingham, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
ROBIN SMITH
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
CATHY CLORNEN
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
JESSICA CLER
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
KENNI PSENAK-LINDEN
Palmer, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
ANNA MEREDITH, Program Manager
Youth Health Education
Kachemak Bay Family Planning
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
CATRIONA REYNOLDS
Clinic Manager
Kachemak Bay Family Planning
Homer, Alaska
POSITION STATEMENT: Testified in opposition to HB 352
BUTCH MOORE
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
LANCE ROBERTS
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 352.
MARY JAY TOUTONGHI
Soldotna, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
MARCI HAWKINS
Sutton, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
JOSHUA DECKER, Attorney
Executive Director
American Civil Liberties Union (ACLU)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 352.
PAMELA SAMASH
Right to Life Interior Alaska
Tanana, Alaska
POSITION STATEMENT: Testified in support of HB 352.
ED GRAY
Sitka, Alaska
POSITION STATEMENT: Testified in support of HB 352.
RICHARD STOFFEL
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 352.
CHRIS KURKA
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 352.
WHITNEY DWIGREN
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 352.
DALE JUDGE
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 352.
HALEY KIRKA
Palmer, Alaska
POSITION STATEMENT: Testified in support of HB 352.
CAROLE HART
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 352.
ACTION NARRATIVE
8:05:56 AM
CHAIR WES KELLER called the House Education Standing Committee
meeting to order at 8:05 a.m. Representatives Keller, Colver,
Vazquez, Drummond, Spohnholz, Talerico, and Seaton were present
at the call to order.
HB 352-LIMIT ABORTION SERV. PROVIDERS IN SCHOOLS
[Contains discussion of SB 191]
8:06:34 AM
CHAIR KELLER announced that the only order of business would be
HOUSE BILL NO. 352, "An Act relating to disciplinary sanctions
imposed by the State Medical Board; restricting employees and
representatives of abortion services providers, and affiliates
of abortion services providers, from delivering instruction or
distributing materials in public schools and providing civil
penalties for violations; relating to revocation or suspension
of teacher certificates; relating to the receipt of state funds
by teachers and school board members; and providing for an
effective date."
8:07:33 AM
CHAIR KELLER referred to the committee packet and the memo from
Legal Services, from Kate S. Glover, Legislative Counsel, dated
4/5/16
8:08:44 AM
REPRESENTATIVE LYNN GATTIS, Alaska State Legislature, presented
HB 352, paraphrasing from a prepared statement, which read as
follows [original punctuation provided]:
A public school should be a place for students to
learn skills, gain knowledge, and receive instruction.
However, there are special interest groups that would
like to use schools to promote their ideas and beliefs
to a captive, young audience. Many parents have become
alarmed at what is occurring within the public school
system, that they are withdrawing their children from
neighborhood schools in record numbers. The values of
the family should be protected from outside special
interest groups with an agenda.
The purpose of House Bill 352 is to restrict the
access of abortion services providers and their
affiliates to public schools. To be perfectly clear,
this bill does not ban sex education from the
classroom. It will not in any way hinder districts,
schools or teachers from instructing students on human
sexuality. The legislation before us simply states
that abortion service providers or affiliates may not
present information or provide their materials to a
captive audience of students.
As a society, we seem to be putting more and more onto
the school's plate when it comes to teaching our kids.
As a result, parents have not been made aware about
the various groups that are coming into the public
schools to teach their children. Mr. Chair, this HAS
to change-parents deserve to know what's going on in
the classroom, and they NEED to know that special
interest groups aren't using school hours to advocate
their beliefs and practices.
By prohibiting abortion service providers access to
public schools, our schools can focus on what is
important and leave private, sensitive matters where
they belong: in the hands of parents.
8:11:16 AM
CHAIR KELLER noted the similar bill, SB 191, to point out the
constitutional questions that have arisen, as well as the
amendments offered by the Senate members, which he suggested be
reviewed by the committee to consider the alignment with HB 352.
8:12:55 AM
The committee took an at-ease from 8:12 a.m. to 8:14 a.m.
8:14:48 AM
REPRESENTATIVE DRUMMOND expressed concern for not having a
representative from the sponsor's office to address the bill
being put before the committee.
8:15:13 AM
CHAIR KELLER opened public testimony.
8:16:09 AM
ANDY HOLLEMAN, Spokesperson, Anchorage Education Association
(AEA), paraphrased from a prepared statement, which read as
follows [original punctuation provided]:
I'm speaking on behalf of the members of the Anchorage
Education Association. We are the over 3,000
certificated individuals that staff the Anchorage
School District.
Because I believe our local school boards are better
suited to make choices for their communities, I'm
generally opposed to this bill, but there's a specific
technical problem I'd like to call to your attention.
My understanding is the Legislature would like to keep
Planned Parenthood and their representatives out of
public schools, and that's why we have the language:
An employee or representative of an abortion services
provider or of an affiliate of an abortion services
provider may not (1) present or deliver any
instruction or program on any topic to students at a
public school GLVWULEXWH materials to or display
materials for students at a public school RU Later on
a provider is defined as "(1) "abortion services
provider" means a person who performs elective
abortions "
That would seem to indicate that someone would have to
represent a PERSON that actually performed abortions
for this law to prohibit them from presenting in the
classroom. But Planned Parenthood is an ENTITY…..not a
person. If someone works for PP, they don't work for
"a person" that performs abortions.
But if your law DOES prohibit someone that works for
PP from presenting material "on any subject" in a
classroom, then it most certainly would also prohibit
any person that works at Regional Hospital in
Anchorage from doing so as well. They are a provider
of elective abortion services no question.
So first, on behalf of my members that are school
nurses, a surprising number of them work shifts in
local hospitals, including Regional, for the best of
reasons. It keeps their skills very sharp and makes
them better nurses at school, as well earns extra
money. Are they now prohibited from speaking to a
class about …..ANYTHING? Can they even speak to
students that come to them when they're ill? I don't
think this is the intent, but this IS the language.
If I, as a biology teacher, invite a doctor from
Regional Hospital to talk to my class about cancer
research or comparative anatomy, am I at risk for
losing my certificate? As I read it, I am, or I could
be.
I don't think that's your intent, but that's how it
reads. This often happens when you want to do
something, but you can't say exactly what it is you're
trying to do, so you have to talk in more general
terms. The more general terms are very problematic.
Please, leave this to your local boards, or please,
say exactly what you mean to do.
But in this moment when the economic future of our
state is on the line, please do not pass a bill that
invites a lawsuit, a lawsuit the State will have to
defend, with the careers of good Alaskans in the
balance, when we have much more pressing issues.
We are not recruiting students to have elective
abortions in our classrooms. We're not. We are trying
to prevent unwanted pregnancies and the spread of
disease, period. We're trying to be sure that
students understand the real dangers and consequences
of certain types of relationships and actions, by
themselves and by others, in the hope of making this a
safer more humane place for everyone to grow and
learn.
Please help us. Please be clear, and please be
accurate. Please work with us rather than putting out
speedbumps and traps. I'm asking you to please
clarify this bill or otherwise not to pass it from
your committee until this specific issue is fixed.
8:20:08 AM
JUDY ANDREE, Spokesperson, League of Women Voters, stated
opposition to HB 352, and directed attention to the committee
packet letter from the League of Women Voters (LWV), Hetty
Barthel, Secretary, dated 4/6/16, providing the stance from the
national LWV organization, to paraphrase the position, which
read as follows [original punctuation provided]:
The League of Women Voters of Alaska (LWVAK) strongly
opposes HB 352 (companion to SB 191) based on the
long-established (1983) League of Women Voters of the
United States (LWVUS) Position on Reproductive Choices
which states the following: The LWVUS "believes that
public policy in a pluralistic society must affirm the
constitutional right to privacy of the individual to
make reproductive choices."
MS. ANDREE reported having raised five adopted children who have
all attended Juneau public schools. The bill attacks the
teaching profession, she opined, when language such as "captive
audience" is invoked, and said students are not a captive
audience due to the opt-out choice. Having polled her, now
adult, children, she reported that their health classes did not
mention abortion, nor was there any trolling by the agency for
future clientele. As a parent concerned for the education of
her children, she said it is her right to expect to have a
qualified person, using science based information, medical
acuity, and with the intent to prevent unintended pregnancies,
provide this instruction. Further, a safe pregnancy termination
is legal and should be available to an individual, appropriately
counseled. Planned Parenthood is not trolling for clients but
rather supporting anyone in the situation who requires
assistance in having a safe termination of a pregnancy. The
bill is being presented as a parent's rights bill and, she
pointed out, parents also have the right of ensuring a medically
sound education for their children.
8:24:32 AM
CHRISTINE NIEMI, stated opposition to HB 352, paraphrasing from
a prepared statement, which read as follows [original
punctuation provided]:
We dissolved the (S.O.S) State Operated Schools in
1976 to provide for local control of our schools. It
should be up to local staff and parents to decide what
programs, curriculum and persons to invite into local
schools.
The uninvolved parent is less likely to sign
permission so, "the opt-in" places undue burden on the
youth who may need the health information most.
It is not OK to threaten people with losing their jobs
and licenses ... their livelihood, that our state's
health statistics indicate is vitally needed.
The attempt at the level of control in HB 352 and SB
89 is alarming! We need to work together with willing
agencies to give our kids the tools to make healthy
choices.
Please do not support this bill.
Planned Parenthood provides [sexually transmitted
diseases (STD)] testing, health education, rape
counseling, cancer screening and family planning.
Many parents do not object to [Planned Parenthood].
8:26:09 AM
JANE ANDREEN, President, Alaska Public Health Association
(APHA); Chair, Statewide Steering Committee Alaska Women's Lobby
(AWL), stated opposition to HB 352, and, recalling her own
youth, said teenage decisions are often based on hormones and
peer pressure/culture. Because of these influences, she
stressed it is important for teens to receive appropriate
information regarding safe sex, STD prevention, and avoidance of
unintended pregnancies. These are the very topics that Planned
Parenthood covers, utilizing the best, evidence based,
information available and geared towards a delivery that helps
students make individual, personal decisions for a long term,
healthy life style. On behalf of both of the organizations she
represents, she said the passage of HB 352 is opposed.
8:27:47 AM
ALYSON CURRY, Representative, Planned Parenthood Votes Northwest
and Hawaii, stated opposition to HB 352, paraphrasing from a
prepared statement, which read as follows [original punctuation
provided]:
Planned Parenthood has been a trusted expert and
provider of medically-accurate sexual health education
in Alaska for more than 20 years and we are filling in
a much needed gap left by the state's inaction.
Alaska currently does not have any state standards for
sexual health education and the negative implications
are evident by the state's epidemic of sexually
transmitted infections, particularly among teens, ages
15-19, and teen pregnancy rates which are higher than
the national average. In the 2013-2014 school year,
less than a quarter of schools provided the
recommended STD, [human immunodeficiency virus (HIV)]
and pregnancy prevention topics in required courses.
Clearly what the state is currently doing is not
cutting it. Our youth need access to medically-
accurate information to make healthy decisions about
their lives.
The overall goal of sexual health education is to
delay the onset of sexual activity, as well as reduce
risky sexual behaviors that lead to contracting STDs
and teen pregnancy among teens already sexually
active. When invited, Planned Parenthood works
closely with some schools, social service
organizations, and public health nurses in communities
across the state, including Fairbanks, Juneau, the
Kenai Peninsula, Anchorage and the Mat-Su Valley. We
provide direct education to over 2000 youth each year,
at zero cost to schools, and have also provided
training and skill building for teachers and school
based nurses working with youth around healthy
sexuality and prevention.
Our curriculum has been vetted and approved by the
Office of Adolescent Health for medical accuracy and
reviewed by local school staff for curriculum
alignment, as well as age and cultural appropriateness
to fit the needs of each community. Additionally, our
education programs aim to complement the conversations
that happen at home with families, they do not replace
them. To be clear, parents already have the right to
remove their child from sexual health instruction.
Parents may also review curriculum with a teacher
prior to a Planned Parenthood educator entering the
classroom. This is standard school protocol and
Planned Parenthood educators follow all school
policies and protocols.
It is disappointing that this body would entertain
passing legally questionable laws that threaten the
livelihood of teachers and health care providers in
order to score political points because of its
objection to abortion, a safe and constitutionally
protected procedure. HB 352 does absolutely nothing
to improve the health and safety of Alaskan youth.
Please oppose this bill.
8:30:54 AM
LISA EAGAN LAGERQUIST, stated opposition to HB 352, and provided
a self-initiated petition of 125 local names opposing the
legislation. Despite opposition, she observed, that both [SB
191 and HB 352] appear to be passing forward, and expressed
distress over the continued legislative action. She continued,
and paraphrased from a prepared statement which read as follows
[original punctuation provided]:
Since I testified last time, so many people have
stopped me on the street to say, "You were the one who
testified right?" I never know if they are for or
against so it makes me nervous. But every time
they've said, "Thank you so much! You said exactly
what I feel."
What I said is this bill is crazy! With all the
funding cuts why would you ever consider cutting a
free wonderful service?
Also, since my testimony, I started a petition in
opposition to this bill. I bring you 121 names of
people who also oppose this bill.
In response to the sponsor's statement. They say not
opposed to sex education, just opposed to abortion
providers providing it. Well, banning [Planned
Parenthood] from schools, will limit sex [education].
Teachers aren't as prepared to present it and don't
want to.
Students prefer it's not their teacher that they see
every day.
Random parent volunteers? Not what I want.
The people of Juneau, students, parents, grandparents,
teachers, health care providers want Planned
Parenthood. We trust them and they've proven
affective.
Many students will choose not to have sex during high
school, but just like my parent's generation, my
grandparents, my great grandparents many will choose
to have sex while in high school. None of us can deny
this. Some students will have sex. [Let's] help keep
them safe and do all we can to prevent unintended
pregnancies.
Again. This bill is crazy. We have a free wonderful
medically-accurate age appropriate [program] provided
to schools who want it. Why would you ban this? If
you pass this bill you are limiting student's access
to sex education.
DEBI BALLAM, RN, opposing HB 352 was read by Lisa Eagan
Lagerquist as follows [original punctuation provided].
As a nurse I have cared for many teenagers with
unintended pregnancies, most of whom were ill equipped
to parent a child, and the cost to society is high and
gets passed on generation after generation. Most of
the teens had painfully little knowledge of their
bodies and how to prevent pregnancy or even how to say
no. The cost of education is low, this education
includes HOW to say no, I have heard what is covered
and would wish all young people to have the
opportunity of hearing this information. I oppose SB
89 and 191! And I believe if everyone actually heard
what was being taught versus assuming what their child
is hearing, this bill would never have been taken up.
8:35:55 AM
The committee took an at-ease from 8:35 a.m. to 8:36 a.m.
8:36:50 AM
AURORA HOEFFERLE stated opposition to HB 352, and said sex
education is not a standard academic class, and opined that
Planned Parenthood is an essential agency to provide this
information. Many courses are taught to young people, but
perhaps the most practical and useable are the health and sex
education classes. The math theories are nothing that she
applies on a regular basis, she reported, however conversely,
what she learned in sexual education has proven very helpful,
and what was omitted from the class presentation has been
regretfully learned. As the largest non-profit, sexual
education provider in Alaska, she opined that Planned Parenthood
is well qualified to deliver this essential health information.
Training the existing teachers to present the sex education
material does not seem plausible, she conjectured. Less than a
quarter of Alaskan secondary school districts taught the
recommended HIV, STD, and pregnancy prevention topics in 2013
and 2014. She conjectured what would happen if less than a
quarter of Alaska's secondary schools taught the recommended
topics for algebra, and questioned whether the law makers would
be considering a bill to place additional burdens on teachers to
fill such a void. Sexual education is useful for everyone,
unlike higher math theories, she pointed out. Communities and
schools should be allowed to decide the particulars for the ways
and means that sex education is provided to their students. To
use abortion as the deciding factor in determining an
appropriate source for presenting this essential health
information is short sided, she maintained, and suggested that
it only serves to stigmatize and demonize legal providers and
clients. She suggested the deciding factors for the
instructional service should be determinants such as accuracy,
effectiveness, and reputation. This is essential, lifesaving,
information, she finished, and said the surrounding politics
need to be extracted from the issue.
8:40:31 AM
ROBIN SMITH stated opposition to HB 352, and said sex education
is a difficult topic to broach and one which many parents
ignore. Further, in parental surveys the outcomes indicate an
interest in having sex education provided by a third party as
many parents consider the school programs to be a supplement to,
not a supplanting of, their home discussions. She stressed that
the school programs don't represent an either-or situation but
rather a team effort for providing essential instruction for
building healthy, intimate relationships. Alaska lacks a
standardized curriculum for providing a comprehensive sexual
education, or a requirement for including such a program; and
now there is no funding available. Teens report their primary
source of sex education as being television, movies, internet
access, and social media. Today's young people are coming of
age in a very different world, she stressed, one where oral sex
is considered kissing. She provided a number of national
statistics to illustrate her point, which included the sexual
content of television programs, sexual predation numbers, and
the influence of certain music genres. The biggest users of on
line pornography are 12-17 year old boys, she reported. Having
a third party, who is not the classroom teacher, allows for an
optimal dialogue exchange without compromising existing
classroom social structures, she said. The third party role is
what Planned Parenthood has been entrusted with for the last 20
years in Alaska and nationally for 100 years, as it was the
initial reason the organization was formed. Communities
continue to turn to Planned Parenthood for nonjudgmental,
medically accurate, curriculum on reproductive health and
relationships. She finished, stating that teens should not be
denied delivery of this important information due to a
legislator's political bias against legal abortions.
8:45:56 AM
CATHY CLORNEN stated opposition to HB 352, and said many
concerns are raised through this legislation. She cited her
background in education, which includes the Alaska Pacific
University where she taught health care policy, economics,
finance and administration. As a health care leader and
educator, she said it is imperative to not restrict access to
important information that is vital to good healthy decision
making. As a mother of three daughters, now adults, she opined
that sex education should begin at home; however, as a
professional, she reported, this doesn't always happen. Long
term personal and financial costs occur to youth and family
members when teens make poor decisions regarding drugs, alcohol,
and sexual activity. Planned Parenthood has provided free
sexual education in the schools of Alaska for over 20 years.
She asked the committee a rhetorical question: "What problems
have you seen in the last 20 years, with Planned Parenthood
providing this service in the schools." As an administrator,
she said, changes are made to correct specific issues, but what
issues have arisen around Planned Parenthood. Who will provide
this service and what will be the cost, if Planned Parenthood is
denied access, she pondered. She urged the committee to not
pass HB 352.
8:48:28 AM
JESSICA CLER stated opposition to HB 352, and urged members to
concentrate on other, more pressing issues, facing Alaskans.
She paraphrased from a prepared statement, which read as
follows:
As a graduate of our public system, I know firsthand
the lack of access to comprehensive, medically
accurate, sexual health education in our state.
Alaska has no state standards for sexual health
education and yet an epidemic of sexually transmitted
infections, the highest rate of reported rape in the
country, and child sexual assault/rape [is] six times
the national average. I know that myself and my peers
would have greatly benefited from the kind of
education that Planned Parenthood provides on
prevention, on consent, and on healthy relationships.
Studies consistently show that comprehensive sex
education is highly effective at reducing STI's
delaying initiation of sexual activity, and lowering
teen pregnancy rates. Planned Parenthood fills an
important gap left by the state's inaction on insuring
students have access to the information they need. In
a time when our education system is facing
unprecedented budget cuts, we should be encouraging
district's to use every resource available to educate
its students, not limiting districts options for local
programing. Parents are already notified and already
have the option to opt their students out. This bill
strips the rights of parents in local school districts
to make the decisions that are right for our youth.
It goes a step further, unfairly penalizing teachers,
school districts, and doctors. This is a politically
motivated, illegal attempt to target Planned
Parenthood at the expense of the health of Alaska's
students. Instead of creating more barriers to
education we should be working together to ensure that
our youth have the resources and information needed to
lead healthy and productive lives; HB 352 does the
opposite.
8:50:38 AM
KENNI PSENAK-LINDEN stated opposition to HB 352, paraphrasing
from a prepared statement, which read as follows:
HB 352 creates harmful and unnecessary boundaries to
accessing essential, comprehensive, and scientifically
accurate, reproductive health education. Curriculum
standards already prevent abortion from being
addressed within the classroom, which means that HB
352 is misguided, likely unconstitutional, and it
actively undermines the purview of teachers and local
educators to have local control and teach to the needs
of their students. These needs include information on
healthy relationships and consent. I wish that my
health education in the Mat-Su Valley and the health
education of my assailant, had included these key
lessons, which may have prevented the trauma I
experienced after being sexually assaulted at 15 years
old. I'm lucky that I came away from that experience
with [post-traumatic stress syndrome (PTSD)] and not
STI's or pregnancy. I appreciate that Planned
Parenthood, as an organization, has stepped in to fill
the gap and provide lifesaving, evidence based
education. Parents have the opportunity to opt-out of
any education that does not align with their values.
Please do not create additional barriers for families
that do want qualified and experienced educators in
the classroom. As a future parent myself, my husband
and I have discussed the need and our overwhelming
desire that our children will receive better sex
education than we did, both at home and in their
classroom. Please oppose HB 352, thank you.
8:53:25 AM
REPRESENTATIVE SPOHNHOLZ asked about the availability of
testimony from SB 191, versus the listed names in the committee
packet.
CHAIR KELLER said it is available on BASIS, and offered to
provide hard copies to members.
8:54:08 AM
ANNA MEREDITH, Program Manager, Youth Health Education, Kachemak
Bay Family Planning, stated opposition to HB 352, and said she
works closely with professionally trained peer educators to co-
facilitate a comprehensive safer sex and abstinence program in
the Kenai Peninsula school district. The Kachemak Bay Family
Planning Clinic provides reproductive services and educational
outreach throughout the southern Kenai Peninsula. She said the
Kachemak Bay clinic does not provide abortion services, which
differentiates it from the associated clinics in the Anchorage
area; however, it is similar in being recognized as the experts
in the community regarding sexual and reproductive health.
Staying abreast of the changes in the field of reproductive
health is a challenge, and to add that challenge to the work of
a classroom teacher would be burdensome, she opined. Most
recently, a music teacher in a small rural school hosted a
sexual health program. She quoted the teacher and continued, to
state:
"I'm so glad that your peer [education] team is here.
These kids do not want to hear this from someone that
they see every day." We constantly hear that from
teachers. They're not equipped and trained to teach
sexual health, and therefore they're very thankful
that we're able to come in as the experts in the
community and that burden is lifted from them;
although, they stay in the classroom the entire time.
I appreciate that they listen and that they have a
very close working relationship with us. So they're
learning as we are teaching, as well, and they reach
out to us. ...
8:57:10 AM
CATRIONA REYNOLDS, Clinic Manager, Kachemak Bay Family Planning,
stated opposition to HB 352, and said abortion is legal and safe
and this bill is seeking to impose ideologically and politically
motivated constrictions on a communities' ability to provide the
best education for its children. She pointed out that Alaska is
higher than the national rate in STD's and teen pregnancies. On
the southern Kenai Peninsula, where the Kachemak Bay clinic has
been teaching in the schools for over a decade, the rates have
been significantly lowered. She said this is attributable to
students learning how to take good care of their health and
avail themselves of the community services. A collaborative
medical team has organized in Kenai under the Mobilizing for
Action Through Planning and Partnership (MAPP) program to direct
teens to whatever help they seek to remain healthy young adults.
8:59:33 AM
BUTCH MOORE stated opposition to HB 352, and said it is similar
to SB 191, which is being scrutinized regarding
constitutionality. Further, the make-up of the legislature may
change. He cautioned that passage of the bill may establish a
precedent which would hold future political sway, perhaps
preventing a gun retailer from participating in a school
setting. He suggested that an effective bill could ban the
teaching of abortion in schools, thus restricting the topic.
Otherwise, he opined, the bill is a rabbit hole and time spent
arguing it could be better directed to other productive
legislative issues, such as the budget. As an advocate for
parental rights and education of children, he said it is up to
each district to determine curricula, none of which include
discussion or teachings about abortion. Current health and
human social topics are what is being covered by Planned
Parenthood, and yet the organization is being singled out. He
also, reported that his daughters have found the courses to be
helpful and professionally presented.
9:06:03 AM
CHAIR KELLER said Mr. Moore's point for setting precedent is
well taken, and reported that SB 191 has been amended to
stipulate: those who act on behalf of the service provider.
9:07:18 AM
LANCE ROBERTS stated support for HB 352 and opined that it
disallows a group into the schools who have an established
agenda. He speculated that the presence of Planned Parenthood
encourages teen sex and abortions.
9:10:45 AM
MARY JAY TOUTONGHI stated opposition to HB 352 and SB 191, and
paraphrased from a prepared, which read as follows [original
punctuation provided:
These bills are questionable at best, and appalling at
worst. Alaska has the highest rate of STD's in the
country. Education has taken a hit this year that
would make the angels cry. Our legislators should be
focusing on improving student's health and access to
accurate information to inform them with regard to
their sexuality. Alaska has the worst record of STD
and sexual abuse in the country. Young people are
impacted by these issues. A poor decision can change
the course of their lives. We are impacted
financially as a state in our health care and our
education as these issues manifest themselves. Less
than a quarter of Alaska's secondary schools have
taught all of the recommended HIV, STD, and pregnancy
prevention topics. Only three states have less access
to this information. Students in Alaska are in dire
need of real information about sexual health and
healthy relationships. Our legislators should be
focusing on improving student's health, not destroying
their rights to accurate information, as well as
threatening teachers, doctors, and other professionals
and care takers. I am most certainly in opposition to
these two bills.
9:12:43 AM
MARCI HAWKINS stated opposition to HB 352, and said volunteering
at Plan Parenthood might jeopardize her ability to teach.
Further, she conjectured, the costs for replacing the agencies
free educational programs, and the probable ensuing legal fees,
may be burdensome to the state. Implementation and enforcement
of this type of bill could be better directed, she opined, and
pointed out that parental options exist for removing a student
when appropriate.
9:18:18 AM
JOSHUA DECKER, Attorney, Executive Director, American Civil
Liberties Union (ACLU), stated opposition to HB 352, and said
the amendments to SB 191, even if applied to this bill, would
not solve the issues that it raises. A group of people are
being singled out, based on their activities which are protected
under due process. In any form, HB 352 impinges on free speech
and free association rights. The schools are open to teach
appropriate curricula, and human health and sex relations have
been identified as such.
9:21:42 AM
CHAIR KELLER asked for confirmation of comments being circulated
which intimate that the ACLU is prepared to take the measure to
court, and expects to prevail, should the legislation pass as
written.
MR. DECKER responded that the bill poses deep and multiple
constitutional problems. The ACLU hopes the legislature would
not find it reasonable to pass a bill that is so profoundly,
unconstitutionally infirm.
9:23:35 AM
PAMELA SAMASH, Right to Life Interior Alaska, testified in
support of HB 352 and SB 191, stating that sex education taught
in schools, especially by an organization that benefits from
sex, poses a danger to Alaska's communities. She conjectured
that STD levels are soaring in communities where Planned
Parenthood maintains a presence because the organization removes
the spiritual and emotional aspects of sex. Ignoring these
components is a tragedy, she opined, because that is the part
that creates the natural barriers that limit promiscuous sex.
When sex is taught to general teen populations as a physical
act, the result is an overall increase in sexual behavior,
increased STD's, and pregnancies. Thus, Planned Parenthood
causes the result which they espouse to prevent. She said,
"STD's and teen pregnancies were basically non-existent years
ago before Planned Parenthood ever existed. That's because sex
encounters were taught as a huge morale issue." Planned
Parenthood teaches the opposite of morals and keeping them in
the schools only serves to hurt the children sexually,
spiritually, and emotionally. She threatened to remove her
children from enrollment should the organization ever enter
their school.
9:26:00 AM
ED GRAY stated support for HB 352, and said Planned Parenthood
entered the Sitka schools in 2013 but were subsequently removed
by community activism. The parents wrote the policy that is
being considered under SB 89, originally crafted as school
policy. When the school district refused to hear the proposal
the policy was redirected to the legislature. Louisiana and at
least one other state, have adopted similar laws without court
challenge. Additionally, he said Planned Parenthood creates
partnerships with schools, which includes having a staffed
office three days per week in order to provide students with a
full range of agency services, not only sexual education as
touted.
9:29:30 AM
RICHARD STOFFEL stated support for HB 352, and said it is
unbelievable that this agency would be allowed into the schools
to teach students how to kill babies, spill innocent blood, and
present appalling sexual education. "I'm sick and appalled
inside," he said, and urged passage of HB 352.
9:30:46 AM
CHRIS KURKA stated support for HB 352, and noted that Planned
Parenthood has been in the schools for 20 years, and yet the STD
levels and teen pregnancies have not diminished. He opined that
the organization's mission is to indoctrinate students who will
then become future consumers of Planned Parenthood services. He
pointed out that other venders exist who could provide sex
education and should be considered.
9:33:23 AM
WHITNEY DWIGREN stated support for HB 352, and said her parents
removed her from the class when it was offered. As a parent
now, she finds it disturbing that this is still being brought to
the classroom. Removing Planned Parenthood from schools is
necessary, she opined, and said it may be one of the
determinations she uses when considering sending her children to
public school.
9:36:55 AM
DALE JUDGE stated support for HB 352, and said as a retired
teacher, he now has many grandchildren in the Anchorage School
District. Although sex education is important, having the
Planned Parenthood agency in schools, is objectionable.
9:40:30 AM
HALEY KIRKA stated support for HB 352, and reported, having
reviewed the curricula that Planned Parenthood and other
abortion providers are presenting. The material, that is
considered medically accurate and age appropriate, is
disturbing, she opined, and reported that it contains 10 year
olds, depicted by cartoon characters, having sex. She added
that it also teaches them not to disclose to a partner whether
they have an STD. It is incumbent on the legislature to look
into and protect Alaska's children from the marketing and
pornography that is brought into the schools by abortion service
providers, such as Planned Parenthood.
9:42:11 AM
CAROLE HART stated support for HB 352, and concurred with the
previous speaker to echo the inappropriateness of the
pornographic material presented by Planned Parenthood.
9:43:31 AM
CHAIR KELLER asked for an estimate of how many abortions Planned
Parenthood provides in a given year.
9:43:51 AM
MS. CURRY said less than 10 percent of the services provided are
abortions, 90 percent are other services, and she agreed to
provide further information.
CHAIR KELLER asked to have her response include whether Planned
Parenthood pregnancy preventative services include abortions,
and what percentage of the agencies revenue is made up of
government funds.
9:46:14 AM
REPRESENTATIVE SPOHNHOLZ asked if Planned Parenthood teaches ten
year olds to have sex.
MS. CURRY replied, "No."
REPRESENTATIVE SPOHNHOLZ asked whether Planned Parenthood
provides instruction to avoid disclosing an STD to a sexual
partner.
MS. CURRY replied, "No."
9:47:05 AM
MS. CURRY said Planned Parenthood, in Alaska, primarily presents
sex education classes in high schools. Some curriculum exists
for middle school students and puberty education is available
for fifth and sixth grade middle school students. The agency
provides services when it receives an invitation from a school.
The high school curriculum that can be requested may include:
reproductive anatomy, abstinence and birth control; healthy
relationships and consent; and prevention of HIV, acquired
immunodeficiency syndrome (AIDS), and STD's. Lesson plans are
also available for media literacy, bullying, drug and alcohol
awareness, and suicide prevention. The most requested of these
topics is for healthy relationships and consent. The curriculum
has been vetted for medical accuracy based on national
standards, through the office of adolescent health. The
internal curriculum adopted by Planned Parenthood of the Great
Northwest is provided by credible sources such as the Centers
for Disease Control (CDC), the Mayo Clinic, the National Network
on STD Prevention, and training centers. She recalled testimony
suggesting that other curriculum could be obtained, and pointed
out that the same sources would be incorporated. Additionally,
the curriculums are provided at cost. Thus, the curriculum for
Becoming a Responsible Teen could be purchased for $350.00,
which does not include teacher training or materials.
CHAIR KELLER asked about the non-profit standing of the national
organization and the number of affiliates using the described
curriculum.
MS. CURRY said her comments are limited to speaking on the
specifics of the curriculum presented by the Planned Parenthood
of the Great Northwest, which encompasses Alaska and the
Hawaiian Islands. She offered to provide further information.
9:49:58 AM
REPRESENTATIVE DRUMMOND asked what the media literacy curriculum
involves.
MS. CURRY offered to provide a detailed lesson plan.
9:51:32 AM
REPRESENTATIVE SEATON said curriculum was provided to his office
for review, and asked whether it was made generally available.
MS. CURRY offered to accommodate any member requesting a
curriculum review.
REPRESENTATIVE SEATON ascertained that the agency only enters
the schools on an invitational basis.
MS. CURRY concurred.
REPRESENTATIVE SEATON ascertained that only the selected
sections of the nine topics are presented, in the presence of
the teacher.
MS. CURRY concurred.
9:53:40 AM
CHAIR KELLER closed public testimony.
9:54:00 AM
REPRESENTATIVE SEATON acknowledged the public's right for
unimpeded comment, and pointed out that the committee's silence
does not represent agreement or disagreement with witness'
statements offered for the record. Further, he said amendments
brought to HB 352, by this committee, will not necessarily align
with those offered in the Senate on SB 191.
9:55:18 AM
CHAIR KELLER responded that it is not his intent to impose
Senate legislation on the house committee; however SB 191
provides additional information, including public testimony, for
consideration when making a final, informed, House committee
decision. Further, he opined that 225,000 abortions a year is
an appalling number; equal to the estimated population of
Anchorage. No witness has testified to liking abortions, he
pointed out, it's a tough issue. He recalled the comment
regarding whether a gun manufacturer would be banned from
providing a gun safety class in a public school setting and
opined, quite possibly if the individual were acting on behalf
of the manufacturer. Such situations have an influence over the
students, as a captive audience, thus, it is certainly in the
purview of the legislature to scrutinize this subject in a
dispassionate manner, he opined.
CHAIR KELLER announced HB 352 as held.
9:58:19 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:58 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB352 Sponsor Statement.pdf |
HEDC 4/6/2016 8:00:00 AM |
HB 352 |
| HB352.pdf |
HEDC 4/6/2016 8:00:00 AM |
HB 352 |
| HB352 Sectional Analysis.pdf |
HEDC 4/6/2016 8:00:00 AM |
HB 352 |
| HB352 Letters of Support.pdf |
HEDC 4/6/2016 8:00:00 AM |
HB 352 |
| HB352 Letters of Opposition.pdf |
HEDC 4/6/2016 8:00:00 AM |
HB 352 |