Legislature(2023 - 2024)DAVIS 106
03/29/2023 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB71 | |
| HB105 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 71 | TELECONFERENCED | |
| += | HB 105 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 29, 2023
8:01 a.m.
MEMBERS PRESENT
Representative Jamie Allard, Co-Chair
Representative Justin Ruffridge, Co-Chair
Representative Mike Prax
Representative Tom McKay
Representative Rebecca Himschoot
Representative Andi Story
MEMBERS ABSENT
Representative CJ McCormick
COMMITTEE CALENDAR
HOUSE BILL NO. 71
"An Act relating to education; and relating to a school district
online checkbook."
- HEARD & HELD
HOUSE BILL NO. 105
"An Act relating to parental rights in a child's education;
relating to access to school records; relating to sex education,
human reproduction education, and human sexuality education;
relating to school disciplinary and safety programs; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 71
SHORT TITLE: SCHOOL DISTRICT ONLINE CHECKBOOK
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
02/13/23 (H) READ THE FIRST TIME - REFERRALS
02/13/23 (H) EDC
03/06/23 (H) EDC AT 8:00 AM DAVIS 106
03/06/23 (H) Heard & Held
03/06/23 (H) MINUTE(EDC)
03/20/23 (H) EDC AT 8:00 AM DAVIS 106
03/20/23 (H) <Bill Hearing Canceled>
03/29/23 (H) EDC AT 8:00 AM DAVIS 106
BILL: HB 105
SHORT TITLE: SEX/REPRODUCTION EDUCATION; SCHOOLS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
03/08/23 (H) READ THE FIRST TIME - REFERRALS
03/08/23 (H) EDC, JUD
03/13/23 (H) EDC AT 8:00 AM DAVIS 106
03/13/23 (H) Heard & Held
03/13/23 (H) MINUTE(EDC)
03/29/23 (H) EDC AT 8:00 AM DAVIS 106
WITNESS REGISTER
REPRESENTATIVE GEORGE RAUSCHER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 71.
SARAH MONTALBANO, Education Policy Analyst
Alaska Policy Forum
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 71.
HERMAN MORGAN, Representing Self
Aniak, Alaska
POSITION STATEMENT: Testified during the hearing on HB 71.
CASSEE OLIN, Administrative Services Director
Juneau School District
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing on HB 71.
HEIDI TESHNER, Acting Commissioner
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Summarized HB 105 on behalf of the House
Rules Standing Committee, sponsor, by request of the governor.
DEENA BISHOP, representing self
Anchorage, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
105.
KENDAL KRUSE, representing self
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
105.
TAMMY BUNKER, representing self
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
105.
TERRI LYONS, representing self
Wasilla, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
105.
LYNN HALFORD, representing self
Palmer, Alaska
POSITION STATEMENT: Gave invited testimony in support of HB
105.
ACTION NARRATIVE
8:01:25 AM
CO-CHAIR JAMIE ALLARD called the House Education Standing
Committee meeting to order at 8:01 a.m. Representatives Prax,
McKay, Himschoot, Story, Ruffridge, and Allard were present at
the call to order.
HB 71-SCHOOL DISTRICT ONLINE CHECKBOOK
8:02:26 AM
CO-CHAIR ALLARD announced that the first order of business would
be HOUSE BILL NO. 71, "An Act relating to education; and
relating to a school district online checkbook."
8:03:00 AM
REPRESENTATIVE GEORGE RAUSCHER, Alaska State Legislature, read
the sponsor statement for HB 71 [included in committee packet],
which read as follows [original punctuation provided]:
The School Districts around Alaska spend millions of
dollars each year without a clear understanding of
where the money goes. We believe it goes to everything
from office supplies, to teacher salaries,
administrative workers and hopefully the kids in the
classroom. A tool like an online checkbook will help
the Governor and Legislature understand where the
deficit is, and where funding is needed. Public
accountability helps ensure that funds are spent
wisely, and the public is entitled to understand where
the funding goes also.
The intent of the online checkbook is to create a
free, searchable website that provides Alaskans with
easy access to detailed and comprehensive information
on School District spending. This will encourage
better understanding of district needs and,
ultimately, help ensure that funding is directed to
where it should be.
REPRESENTATIVE RAUSCHER noted the sectional analysis had already
been presented at a prior hearing.
8:05:08 AM
REPRESENTATIVE PRAX asked Representative Rauscher whether he had
checked with the school districts to find out if they have
expectations of how much they will have to spend to accomplish
this proposal, and whether the districts think it would be an
improvement.
REPRESENTATIVE RAUSCHER confirmed that he had. He also noted
that the public would like to understand where the money is
specifically spent so they can ask the right questions.
8:09:10 AM
REPRESENTATIVE HIMSCHOOT asked Representative Rauscher whether
he had checked with single sight districts that dont maintain a
website or considered the financial burden of this proposal.
REPRESENTATIVE RAUSCHER replied he had not. He noted that he
could not distinguish specific districts within the 54 where it
might be a financial burden.
8:10:22 AM
CO-CHAIR RUFFRIDGE noted that larger school districts budgets
were available to the public on an online platform. He
questioned who may be seeking detailed "line by line" checkbook
data.
REPRESENTATIVE RAUSCHER explained that for some interested
people, it is very hard to get the information, and sometimes
schools can be evasive in providing the exact information being
sought. He said the public may receive a more generalized
number.
8:14:27 AM
CO-CHAIR RUFFRIDGE asked Representative Rauscher whether he had
personal experiences with people that struggled to obtain
particular information. He stated that he wanted to be certain
that people could use the checkbook to find information they are
"missing out on."
REPRESENTATIVE RAUSCHER offered to forward an email, blacking
out the person's name, so Representative Ruffridge could see
"what their problem was."
CO-CHAIR RUFFRIDGE indicated that he was interested.
8:16:00 AM
REPRESENTATIVE STORY addressed cybersecurity, and the
possibility of names on the checkbook being a security threat to
vendors. She also noted the "tremendous expense" for some
districts that do not even have an online presence.
8:17:45 AM
REPRESENTATIVE MCKAY opined that people should be able to see,
in detail, where money is going without having to go through a
lot of hassle to get the information. He expressed his support
for HB 71.
8:19:13 AM
CO-CHAIR ALLARD stated that she supported transparency and gave
a personal example of being a parent having a hard time
obtaining information. She shared her belief that any member of
the public should see how public dollars are being spent. She
confirmed her support for HB 71.
8:20:31 AM
REPRESENTATIVE RAUSCHER explained that he sponsored an online
checkbook bill two years ago, and during that time, no one was
worried about any kind of security issues regarding the checks
that were written. He stated that it should not be thought of
as a security breach.
8:22:28 AM
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 1 to HB 71,
labeled 33-LS0435/A.2\Marx 3/23/23, which read:
Page 1, line 1:
Delete "and"
Page 1, line 1, following "checkbook":
Insert "; and relating to the review of a school
district budget by a legislator"
Page 1, following line 10:
Insert new bill sections to read:
"* Sec. 2. AS 14.17 is amended by adding a new
section to read:
Sec. 14.17.925. Legislator review of school
district budget. (a) The superintendent of a school
district shall meet with a legislator who represents
the house or senate district in which the school
district is located to review the budget of the school
district if requested by the legislator. The meeting
must be held at a place located in the school
district, unless the superintendent and the legislator
agree otherwise.
(b) In this section, "school district" has the
meaning given to "district" in AS 14.17.990.
* Sec. 3. AS 24.05 is amended by adding a new
section to read:
Article 6. Review of School District Budget.
Sec. 24.05.220. Duty to review school district
budget. (a) At least once a year, each legislator
shall meet with the superintendent of a school
district located within the legislator's house
district or senate district to review the school
district budget. The meeting must be held at a place
located in the school district, unless the
superintendent and the legislator agree otherwise.
(b) In this section, "school district" has the
meaning given to "district" in AS 14.17.990."
REPRESENTATIVE PRAX objected.
REPRESENTATIVE HIMSCHOOT spoke to Amendment 1. She explained
that since school districts are funded publicly, the information
about how the money is spent is publicly available. She said
the proposed amendment would put an obligation on legislators to
spend one day in their home school district to explore the
budget with the districts superintendent.
8:23:58 AM
CO-CHAIR ALLARD asked whether the bill sponsor considered
Amendment 1 to be a friendly amendment.
REPRESENTATIVE RAUSCHER opined that Amendment 1 would be a heavy
burden on some legislators, which, compounded with senators
districts, would become even bigger. He stated that he did not
find Amendment 1 to be a "friendly amendment."
8:26:15 AM
REPRESENTATIVE HIMSCHOOT drew attention to page 1, line 21 of
Amendment 1, which stated "a" school district. She explained
she has 22 communities in 12 school districts and did not want
to put a burden on anyone; however, she stressed that it would
be "a" school district, meaning one district. Further, she
pointed out that every legislator is in a community that has a
district office.
8:26:46 AM
REPRESENTATIVE STORY asked for clarification about line 14 of
Amendment 1, which stated, "unless the superintendent and the
legislator agree otherwise". She asked whether that meant that
they could agree to have a phone conversation.
REPRESENTATIVE HIMSCHOOT confirmed that is correct, it does not
have to be in person.
8:27:21 AM
REPRESENTATIVE MCKAY opined that he would rule the proposed
amendment as out of order, as it has nothing to do with the
bill.
8:27:57 AM
The committee took an at-ease from 8:27 a.m. to 8:44 a.m.
8:44:13 AM
CO-CHAIR ALLARD asked Representative Prax whether he maintained
his objection.
REPRESENTATIVE PRAX maintained his objection. He shared his
belief that it is a good idea for legislators to pay attention
to their districts; however, he disagreed with the requirement
that a superintendent must meet with a legislator. He explained
that it is not [the legislature's] primary responsibility to
look at each school district, and said it was not a good idea to
put it in statute.
8:46:43 AM
REPRESENTATIVE MCKAY questioned the penalty for not meeting with
the superintendent.
8:46:56 AM
REPRESENTATIVE HIMSCHOOT replied it would be the same penalty as
the legislature not finishing session in 90 days.
8:47:09 AM
CO-CHAIR ALLARD observed that the proposed amendment requires a
legislator to review the budget, which has nothing to do with
the online checkbook; therefore, she stated she would not
support Amendment 1.
8:47:54 AM
The committee took an at-ease from 8:47 a.m. to 8:50 a.m.
8:50:35 AM
A roll call vote was taken. Representatives Himschoot, and
Story voted in favor of Amendment 1. Representatives Prax,
McKay, Allard, and Ruffridge voted against it. Therefore,
Amendment 1 failed by a vote of 2-4.
8:51:21 AM
The committee took a brief at-ease at 8:51 a.m.
8:51:53 AM
CO-CHAIR ALLARD opened public testimony on HB 71.
8:52:36 AM
SARAH MONTALBANO, Education Policy Analyst, Alaska Policy Forum,
testified in support of HB 71, and gave a brief description of
the forum. She stated that transparency helps residents
understand their government and hold it accountable, and
explained that it is often difficult and expensive for the
public to obtain financial information about their government.
Transparency requirements do not have to be burdensome to
districts, she said, but the statute should list minimum data
requirements that must be provided. Other states and school
districts nationwide have recognized the value of providing
checkbooks online, she said. She opined that Alaska would do
well to follow suit.
8:54:48, AM
HERMAN MORGAN, representing self, testified during the hearing
on HB 71. He opined that rural districts were being failed and
urged the legislature to fix the education system.
8:58:13 AM
CASSEE OLIN, Administrative Services Director, Juneau School
District, testified during the hearing on HB 71. She expressed
concern that the const for school districts would be hard to
estimate; additionally, she expressed concern that smaller
school districts with only one business manager would be
affected. Lastly, she expressed concern about cybersecurity.
She stated that she lacked clarity as to how the checkbook would
be set up. She offered to remain available for any questions.
9:00:59 AM
CO-CHAIR ALLARD closed public testimony on HB 71.
9:01:11 AM
REPRESENTATIVE STORY asked Representative Rauscher what level of
detail is in the checkbook and requested an example of one that
had been done for school districts.
REPRESENTATIVE RAUSCHER gave examples of the type of entries
that might be shown in the checkbook.
9:02:08 AM
CO-CHAIR ALLARD announced that HB 71 was held over.
9:02:17 AM
The committee took a brief at-ease at 9:02 a.m.
HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS
9:02:40 AM
CO-CHAIR ALLARD announced that the final order of business would
be HOUSE BILL NO. 105, "An Act relating to parental rights in a
child's education; relating to access to school records;
relating to sex education, human reproduction education, and
human sexuality education; relating to school disciplinary and
safety programs; and providing for an effective date."
9:03:14 AM
HEIDI TESHNER, Acting Commissioner, Department of Education and
Early Development (DEED), stated that she wished to address a
few misconceptions about HB 105 before invited testifiers
joined. She began by summarizing the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
The bill requires school districts to allow parental
access to school records and to develop policies
requiring written consent prior to providing
instruction related to human reproduction and sexual
matters.
Parental involvement initiatives in public education
have been increasing nationwide. In Alaska, parents
are becoming more actively involved in the content and
quality of instruction provided in public schools.
This involvement has resulted in an increased focus on
the presentation of content and materials that may not
be age-appropriate for all children. This bill
addresses these concerns by placing matters of
personal identification and sexual education directly
in the hands of parents at the local level.
Under the terms of the bill, school districts must
adopt rules that provide for notice and affirmative
written consent prior to any activity, class, or
program that includes sensitive and personal content
involving gender identity, human reproduction, or
sexual matters, and a class involving sex education
may not be attended by a child enrolled in a grade
below fourth grade. In addition, the bill recognizes
the rights of parents to designate the official name
used by schools when addressing or referring to
enrolled students. The bill authorizes the enforcement
of these policies through the use of civil litigation
by parents against school districts that knowingly or
recklessly refuse to comply with the statute.
A parent's right to information about a student's
physical, medical, and mental health is absolutely
critical to ensure the safety and privacy of their
children. Given the complex and dynamic nature of the
modem school environment, it is counterproductive to
create situations where a child's various caregivers
are not all operating on the same page. To that end,
this bill also prevents school districts from refusing
to release sensitive and personal student records to
the child's legal parent or guardian.
Finally, the bill recognizes every child's right to
privacy by requiring school districts to adopt
procedures addressing the physical safety and privacy
of students in locker rooms and restrooms in public
schools.
9:06:04 AM
MS. TESHNER clarified that the bill would not change anything
related to the requirements of Bree's Law; those remain as an
opt-out. The bill would not prevent sexual abuse awareness or
prevention classes from being taught. The bill would not
contribute to child abuse by forcing a teacher to "out" a gender
conforming child to their parents, and the bill explicitly
permits school personnel from withholding this information if
they knowingly believe it would result in abuse or neglect of
that child. The bill would not aim to take away the rights of
any student demographic. In closing, she explained, the rights
of parents to be involved and informed about what children are
being taught in school should not be controversial. The bill
would make a key change, she said, by changing the requirement
from the right to opt-out, to the requirement that parents must
opt-in. She shared her observation that parent involvement
often results in more successful, well-rounded children.
9:08:50 AM
CO-CHAIR ALLARD thanked Ms. Teshner for her clarifications and
welcomed invited testimony.
9:09:05 AM
DEENA BISHOP, retired, representing self, informed the committee
that she had retired from working in the Office of the Governor.
She summarized her years of service and background, and gave her
testimony in support of HB 105, supporting parents' rights and
transparency in Alaska schools. She stated that one of her
goals today was to share what the bill would not do, which she
believed would be useful in combatting disinformation. Parental
rights are not new in education, and parental involvement is key
to a child's educational success, she said, adding that parents
are the first and primary teachers of their children. The
governor's education bill empowers the people who are asked to
be partners to engage in schools and choose for their children
to educate them of personal matters, she conveyed.
9:15:17 AM
MS. BISHOP, explained that Alaska has laws that protect children
and teachers, noting that teachers are mandatory reporters by
way of their professional certification. She said HB 105, a
bill that guarantees the rights of parents to be involved, would
not remove duties to keep children safe nor would it remove the
instruction in personal safety or sexual abuse training. She
reiterated that it would not remove Bree's Law. All of these
[statements] have been false assertions, she said, adding that
the bill supports what the federal government already has
ensured. She emphasized that the bill is not a prohibition, it
is about parental permission. She urged the committee to
support HB 105 for what it does, and opined that it would
empower Alaska's parents and strengthen Alaska schools.
9:19:00 AM
KENDAL KRUSE, representing self, stated that she strongly
supported HB 105 for many reasons, and echoed the sentiments of
the previous testifier. She expressed concern about the
negative view of parents within school systems, and pointed out
that parental involvement increases the outcomes for children
academically and economically later in life. She mentioned the
declining state of mental health throughout Alaska, and asked
how children can be helped if [parents and teachers] are not
united. Pitting parents against teachers, she said, is not
going to unite or increase mental health statistics or result in
happy and healthy children.
9:23:28 AM
MS. KRUSE reflected on her work in healthcare the past nine
years and confirmed that she is also a mandatory reporter. She
stated that it is important to acknowledge that some children
are abused, some parents are involved, and there are systems in
place to help these children, which is critical. She noted the
diversity that exists in Alaska, and respected that there are
parents that object to certain things, as well as parents who
would like "those things" to be taught. She stressed that she
wanted both sets of parents to be able to make those decisions
for themselves. She thanked the committee for their service.
9:26:32 AM
TAMMY BUNKER, representing self, informed the committee that she
was a retired teacher, and gave invited testimony in support of
HB 105. She explained that she came from a long line of public
educators, and most of her life she had been invested in public
education. She added that she currently volunteers twice a week
at an elementary school. She stated that she is specifically in
support of the portion [of the bill] that would require written
permission for a child to participate in an activity, class, or
program that pertains to human reproduction, sexual matters, or
gender identity. She applauded the governor's desire to
increase transparency between schools and parents, and opined
that the bill would allow parents to make informed decisions
that are best for their child as well as allow parents and
educators to work together to help students reach their full
potential.
9:30:14 AM
TERRI LYONS, representing self, gave invited testimony on HB 105
and expressed her belief that parents have all the rights from
birth to be their child's moral, emotional, and financial
center. She stated her support for HB 105 except for the
provision indicating that sex education would start in the 4th
th
grade. She said she believed that 4 grade is far too young
with or without approval from a parent, and that children should
have a bit more maturity to be able to handle that information.
9:33:12 AM
LYNN HALFORD, representing self, provided a brief background and
began her testimony in support of HB 105. She noted that she
currently spends her retirement helping to care for six
grandchildren, which added to the reason why she cared about the
bill and wanted it passed into law. She stated that she
appreciated the grade level guidelines and did not want the
innocence of children violated by subjects that are not age
appropriate. She agreed with the testifiers that preceded her
and thanked the governor and the committee.
9:36:09 AM
CO-CHAIR ALLARD invited questions from the committee.
9:36:30 AM
REPRESENTATIVE PRAX requested that the testifiers submit
transcripts of their testimony.
9:36:50 AM
CO-CHAIR RUFFRIDGE referred to the statement that the bill would
not change Bree's Law; however, he noted that he did not hear
any reference to the "children's safety act" [Erin's Law]. He
asked whether there would be any effect on that particular piece
of legislation.
MS. BISHOP confirmed that it would not alter that legislation.
CO-CHAIR RUFFRIDGE asked how to teach a child how to spot and
report signs of abuse without being in violation of the proposed
legislation, should it become law.
MS. BISHOP replied that teaching materials are quite complex.
She explained that there are age-appropriate books and videos
used in regard to "good touch bad touch."
9:40:09 AM
CO-CHAIR RUFFRIDGE expressed concern that, as drafted, HB 105
would prevent conversations about good touch bad touch with
th
children under 4 grade because it would imply that there is
such a thing as a "bad touch." If HB 105 were to pass, he asked
whether teachers and parents would still be able to have that
conversation.
MS. BISHOP replied that the bill was about sexual matters and
personal maturation, two things that are present in the
education system and would require parent's permission instead
of opting out. It is not about abolishing or prohibiting
anything, she said, it is about parents understanding what is
being taught.
CO-CHAIR RUFFRIDGE referred to the statement that there was no
prohibition in the bill; however, Section 5 prohibited children
under grade four from participation in a class or program that
involves sex education, human reproduction or human sexuality
education. He opined that "good touch bad touch" still falls
under the realm that there are dangers that exist in regard to
sexual matters. He stated that he was having a hard time
reading the bill and not thinking that it would prohibit those
conversations.
MS. BISHOP explained that for children under the fourth grade,
educators teach them about safety and focusing on the basics of
[reading, writing, arithmetic]. She stated that as an educator,
personal safety and instruction on sexual matters are two very
different constructs.
9:44:27 AM
REPRESENTATIVE STORY emphasized the importance of teaching age
appropriate personal safety information and sough to confirm
that there would still be an opt-out option for child abuse
prevention and Brees Law.
9:46:23 AM
MS. TESHNER confirmed that is correct.
9:46:31 AM
REPRESENTATIVE HIMSCHOOT asked Ms. Tesher to speak to a legal
memo regarding the constitutionality of the proposed bill.
MS. TESHNER replied that she had not looked at the memo yet.
9:47:27 AM
REPRESENTATIVE PRAX expressed concern that the mandatory
reporting requirements had not been totally successful.
9:50:17 AM
MS. BISHOP responded that many reports are investigated that
turn out to be unfounded; however, the law was designed to
benefit children's safety first. She added that if a teacher
had information about endangerment, they were to report it.
9:55:04 AM
REPRESENTATIVE PRAX offered a personal anecdote about a homeless
teenager who needed a dad. He explained that he chose not to
foster the teen because he didn't want the hassle of the
government looking into his [family]. He shared his belief that
this concern required further conversation.
9:56:27 AM
REPRESENTATIVE MCKAY offered final comments regarding
organization and rules for the upcoming public testimony.
9:58:25 AM
CO-CHAIR ALLARD [announced that HB 105 was held over.]
9:58:47 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:59 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Amendment #1.pdf |
HEDC 3/29/2023 8:00:00 AM |
Amendment #1 - HB71 |
| HB0071A.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Sponsor Statement.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Sectional Analysis.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Fiscal Note.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB105- House Education Hearing Request 3-8-2023.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105 Sponsor Statement.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105-Fiscal Note.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB0105A.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105 - Sectional Analysis.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |