Legislature(1999 - 2000)
04/27/1999 03:04 PM House HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE HEALTH, EDUCATION AND SOCIAL
SERVICES STANDING COMMITTEE
April 27, 1999
3:04 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Co-Chair
Representative John Coghill, Co-Chair
Representative Jim Whitaker
Representative Joe Green
Representative Carl Morgan
Representative Tom Brice
Representative Allen Kemplen
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 191
"An Act relating to charter schools; and providing for an effective
date."
- MOVED CSHB 191(HES) OUT OF COMMITTEE
HOUSE BILL NO. 195
"An Act relating to school construction grants and to municipal
school construction debt reimbursement."
- MOVED HB 195 OUT OF COMMITTEE
HOUSE BILL NO. 165
"An Act relating to school crisis response planning."
- MOVED CSHB 165 OUT OF COMMITTEE
* HOUSE BILL NO. 208
"An Act relating to professional counselors; and providing for an
effective date."
- WAIVED HB 208 OUT OF COMMITTEE
HOUSE BILL NO. 175
"An Act requiring the Department of Health and Social Services to
provide notice to a community council on receipt of an application
for a license to operate a certain kind of foster group home."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 168
"An Act relating to actions of the Department of Health and Social
Services regarding certain health facility payments."
- BILL HEARING POSTPONED
(* First public hearing)
PREVIOUS ACTION
BILL: HB 191
SHORT TITLE: CHARTER SCHOOLS
SPONSOR(S): REPRESENTATIVES(S) DYSON, Kohring
Jrn-Date Jrn-Page Action
4/13/99 794 (H) READ THE FIRST TIME - REFERRAL(S)
4/13/99 794 (H) HES, FIN
4/20/99 (H) HES AT 3:00 PM CAPITOL 106
4/20/99 (H) HEARD AND HELD
4/20/99 (H) MINUTE(HES)
4/24/99 (H) HES AT 10:00 AM CAPITOL 106
4/24/99 (H) HEARD AND HELD
4/27/99 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 195
SHORT TITLE: SCHOOL GRANT/DEBT REIMBURSEMENT
SPONSOR(S): REPRESENTATIVES(S) DYSON
Jrn-Date Jrn-Page Action
4/13/99 795 (H) READ THE FIRST TIME - REFERRAL(S)
4/13/99 795 (H) HES, FIN
4/20/99 (H) HES AT 3:00 PM CAPITOL 106
4/20/99 (H) HEARD AND HELD
4/20/99 (H) MINUTE(HES)
4/24/99 (H) HES AT 10:00 AM CAPITOL 106
4/24/99 (H) HEARD AND HELD
4/27/99 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 165
SHORT TITLE: SCHOOL SAFETY PLAN
SPONSOR(S): REPRESENTATIVES(S) KAPSNER, Cissna, Davies, Dyson,
Joule,
Kerttula, Morgan, Phillips, Smalley, Croft, Austerman, Coghill,
Green,
Brice, Whitaker
Jrn-Date Jrn-Page Action
3/29/99 602 (H) READ THE FIRST TIME - REFERRAL(S)
3/29/99 602 (H) MLV, HES, FIN
4/13/99 (H) MLV AT 5:00 PM CAPITOL 120
4/13/99 (H) <BILL RESCHEDULED TO 4/20>
4/20/99 (H) MLV AT 5:00 PM CAPITOL 120
4/20/99 (H) MOVED OUT OF COMMITTEE
4/21/99 898 (H) MLV RPT 6DP 2AM
4/21/99 898 (H) DP: CROFT, PHILLIPS, MURKOWSKI,
COGHILL,
4/21/99 898 (H) FOSTER, CISSNA; AM: JAMES, KOTT
4/21/99 898 (H) 2 ZERO FISCAL NOTES (DOE, DMVA)
4/23/99 964 (H) COSPONSOR(S): AUSTERMAN
4/27/99 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
BRUCE JOHNSON, Director
Teaching and Learning Support
Department of Education
801 West Tenth Street, Suite 200
Juneau, Alaska 99801
Telephone: (907) 465-8689
POSITION STATEMENT: Testified in support of HB 191.
Testified on HB 165.
EDDY JEANS, Manager
School Finance Section
Department of Education
801 West Tenth Street, Suite 200
Juneau, Alaska 99801
Telephone: (907) 465-2891
POSITION STATEMENT: Testified in support of changes to the
program, but in opposition to changes to the
foundation formula.
LARRY WIGET, Executive Director
Public Affairs
Anchorage School District
4600 DeBarr Road
Anchorage, Alaska 99519
Telephone: (907) 259-2255
POSITION STATEMENT: Testified on HB 191.
WES KELLER, Researcher
for Representative Dyson
Alaska State Legislature
Capitol Building, Room 104
Juneau, Alaska 99801
Telephone: (907) 465-2199
POSITION STATEMENT: Provided information.
KATHY GILLESPIE
Anchorage School Board
4600 DeBarr Road
Anchorage, Alaska 99519
Telephone: (907) 333-9561
POSITION STATEMENT: Discussed the charge back system in Anchorage.
BETTYE DAVIS
2240 Foxhall Drive
Anchorage, Alaska 99504
Telephone: Not provided.
POSITION STATEMENT: Discussed concerns with HB 191.
BRUCE CAMPBELL, Legislative Assistant
for Senator Phillips
Alaska State Legislature
Capitol Building, Room 103
Juneau, Alaska 99801
Telephone: (907) 465-4949
POSITION STATEMENT: Testified on HB 195.
REPRESENTATIVE KAPSNER
Alaska State Legislature
Capitol Building, Room 424
Juneau, Alaska 99801
Telephone: (907) 465-4942
POSITION STATEMENT: Testified as Sponsor of HB 165.
JOHN ANGAIAK
Lower Kuskokwim School District Board
Alaska Association of School Boards
PO BOX 1233
Bethel, Alaska 99555
Telephone: (907) 543-3459
POSITION STATEMENT: Supported the concept of HB 165.
CARL ROSE, Executive Director
Association of Alaska School Boards
316 West Eleventh Street
Juneau, Alaska 99801
Telephone: (907) 586-1083
POSITION STATEMENT: Supported the proposed CSHB 165.
JOHN CYR, President
National Education Association-Alaska
114 Second Street
Juneau, Alaska 99801
Telephone: (907) 586-3090
POSITION STATEMENT: Supported HB 165.
DARROLL HARGRAVES, Executive Director
Alaska Council of School Administrators
326 Fourth Street
Juneau, Alaska 99801
Telephone: (907) 586-9702
POSITION STATEMENT: Supported HB 165.
ACTION NARRATIVE
TAPE 99-45, SIDE A
Number 0001
CO-CHAIRMAN COGHILL called the House Health, Education and Social
Services Standing Committee meeting to order at 3:04 p.m. Members
present at the call to order were Representatives Dyson, Coghill,
Whitaker and Brice. Representatives Kemplen, Morgan and Green
joined the meeting at 3:06 p.m., 3:07 p.m. and 3:18 p.m.
respectively.
HB 191 - CHARTER SCHOOLS
CO-CHAIRMAN COGHILL announced the first order of business as House
Bill No. 191, "An Act relating to charter schools; and providing
for an effective date."
Number 0156
BRUCE JOHNSON, Director, Teaching and Learning Support, Department
of Education, came forward to testify. Mr. Johnson said that the
Alaska State Board of Education has indicated the need to expand
educational opportunities for students, including the expansion of
charter schools. The only caveat of the department is to ensure
that any expansion that occurs does so with high program standards
and in the best interest of the students being served. Mr. Johnson
noted that the department has prepared a fiscal note which totals
in the fiscal year (FY) 2000, $161,000. The fiscal note ensures
that the department has the resources to guide and facilitate the
successful implementation of additional charter schools. If HB 191
were to pass, the charter schools would move beyond the
experimentation phase and become institutionalized in Alaska. Upon
such, the department would expect to see a number of new charter
school applications and work required by the state board. The goal
is to facilitate the expansion of charter schools.
MR. JOHNSON stated, in response to Co-Chairman Dyson, that would
amount to one program specialist and support staff. The department
also believes that some on-site support involvement is important.
A variety of school districts have indicated that starting a
charter school is a major effort and endeavor. The department has
been unable to provide much help in that regard and therefore has
been left to the individual school districts. Mr. Johnson was
certain that in some cases, some good ideas never materialized
because there was not enough time to address them. If HB 191 and
the accompanying fiscal note were to pass, the department would be
able to provide a helping hand for districts and individuals
starting charter schools.
REPRESENTATIVE BRICE referred to page 2 of the fiscal note and
asked if the one range 15 FTD grant administrator is $8,200.
MR. JOHNSON clarified that the $8,200 is for a part-time position.
Therefore, that grant administrator would only spend a small
portion of their time dealing specifically with the charter school.
REPRESENTATIVE BRICE said then it should be .15.
MR. JOHNSON indicated agreement.
Number 0459
EDDY JEANS, Manager, School Finance Section, Department of
Education, informed the committee that with the passage of SB 36
last year, the department has taken a position in opposition to any
changes in the funding formula at this time. The reason for that
position is that there are some specific reports that the
department must compile and report to the legislature in FY 2001.
One of the reports is a comparison between the old foundation
formula, instructional units versus the new adjusted student. The
department's position is that if amendments continue as time
passes, the base from which the analysis is to be done is being
lost. As Mr. Johnson testified, the department is in support of
the change in the program while in opposition to the change in the
foundation formula.
Number 0575
LARRY WIGET, Executive Director, Public Affairs, Anchorage School
District, testified via teleconference from Anchorage. Mr. Wiget
noted that a number of questions were raised regarding the
Anchorage School District. In conversations with the Anchorage
Assistant Superintendent, Carol Comeau the questions regarding
equity have not been clearly delineated for everyone. Ms. Comeau
indicated that she would be willing to come to Juneau to work
through these issues with the committee and the department.
CO-CHAIRMAN DYSON noted that since the Saturday meeting some of the
concerns have been addressed in some amendments to Section 4 which
would be faxed to Mr. Wiget. Co-Chairman Dyson announced that
after a few amendments, he intended to have the committee forward
HB 191 on to the House Finance Committee. He offered to work with
Mr. Wiget and Ms. Comeau in order to clarify the language because
there is no intent to create an accounting nightmare.
The committee took an at-ease from 3:15 p.m. to 3:16 p.m.
CO-CHAIRMAN COGHILL requested that Co-Chairman Dyson explain his
proposed amendment.
CO-CHAIRMAN DYSON referred to page 3, line 13 which with his
amendment would read as follows: "The budget shall not be less
than the aggregate, prorated amount generated by the students
enrolled in the charter school relative to the educational services
selected by that school". He explained that the intent is to
clarify that all the funds that the student generates, whether
state, local or federal grant monies, is prorated to the school.
He noted that the charter school does not take all the services
that the school operates. This amendment would allow, "That they
would get that share for those services that they utilize."
REPRESENTATIVE BRICE asked if that is what is meant by prorated,
but not as used in other forms by which all charter schools would
be reduced by the same amount.
CO-CHAIRMAN DYSON continued with the explanation of his proposed
amendment. He pointed out the following changes:
Page 3, line 17
Delete "the",
Insert "all"
Page 3, line 18
Delete the first "the"
Page 3, line 18
Delete "school"
Insert "schools"
Page 3, line 18
Delete "a"
Page 3, line 19
Delete "student"
Insert "students"
CO-CHAIRMAN DYSON noted, in reference to the language added on page
3, lines 13-14, that students bring different funding streams.
Conversely, different schools avail themselves of different
services. Co-Chairman Dyson said that the intention is to be fair.
Number 0997
CO-CHAIRMAN DYSON moved his proposed amendments to Section 4 of
HB 191.
REPRESENTATIVE BRICE objected in order to determine if there is a
cleaner way to accomplish this.
REPRESENTATIVE BRICE removed his objection. Representative Brice
said that he did not oppose the concept.
CO-CHAIRMAN DYSON commented that his amendment is a conceptual
amendment.
CO-CHAIRMAN COGHILL noted then that there being no objection, the
amendment was adopted.
CO-CHAIRMAN COGHILL referred to page 2, line 23, and asked if the
questions regarding the itemization of the cost of administrative
services based on a contract was addressed. Further, how would
that fit with the conceptual amendment.
WES KELLER, Researcher for Representative Dyson, Alaska State
Legislature, explained that the concern was that a different
accounting system would be imposed. Mr. Keller said that he
discussed the issue with the drafter who indicated that the intent
with the itemization is similar to a bid for the cost of specific
educational services.
CO-CHAIRMAN COGHILL inquired as to whether "itemized" should be
deleted and replaced with "including an estimated cost of
administrative services". This seemed to be appropriate with the
aggregate language in the adopted amendment.
CO-CHAIRMAN DYSON stated that in drafting HB 191, the intention is
for the district to provide the charter school with an itemized
list of the cost options.
CO-CHAIRMAN COGHILL asked, "Then, if it was going to be the amount
of labor costs, for example, they would just say; if we're going to
spend anytime, it would be this much per hour rather than saying an
accumulation of time spent on facilitating things."
CO-CHAIRMAN DYSON said that he would guess that it would be both in
some categories.
Number 1285
KATHY GILLESPIE, Anchorage School Board, informed the committee
that it has already developed a system of charge backs for the
charter schools. This allows the charter school the option to
contract out the services or contract with the district for
services. She believed Co-Chairman Dyson was correct. The
district is flexible in that the charter schools can take an entire
service or portions of a service if appropriate.
CO-CHAIRMAN COGHILL said that if statute will specify an itemized
list, the proper things should be identified whether it is the cost
of the service or the amount of the service.
MS. GILLESPIE commented that the district is already spending much
time developing billable hour processes and administrative cost
processes for charter schools. This has to be taken care of on an
individualized basis. Therefore, Ms. Gillespie indicated support
of anything that would allow flexibility for individual charter
schools.
CO-CHAIRMAN DYSON reiterated his intention to move HB 191 from
committee and take care of any additional areas that need
clarification in the House Finance Committee.
REPRESENTATIVE GREEN recalled that the word "itemized" was of
concern due to the detail and the cost associated with determining
costs. Representative Green concurred with Ms. Gillespie.
CO-CHAIRMAN DYSON requested that Ms. Davis, who had a large part in
the passage of the original charter school legislation, come
forward.
Number 1430
BETTYE DAVIS informed the committee that although she is with the
Anchorage School District and the Board of Education, she is not
speaking on behalf of either of those affiliations. Although Ms.
Davis recognized that Co-Chairman Dyson was interested in passing
HB 191 out of committee today, she did not believe there is any
urgency in passing it out without addressing some of the fiscal
concerns. With regard to the itemized list, Ms. Davis did not
believe there is a need for it. She agreed with Ms. Gillespie's
comments. Ms. Davis recognized that the cap has been lifted, but
they have not reached 30 schools yet. Ms. Davis indicated the need
to provide the charter schools with start-up money in order to
avoid complications. This is particularly important in Anchorage,
where there are local regulations to which the charter schools must
adhere.
CO-CHAIRMAN DYSON noted that the department has provided a $3.6
million fiscal note. He indicated that it would be very helpful if
that fiscal note could be forwarded to the House Finance Committee.
He noted that he has been in correspondence with the planning
department in the Municipality of Anchorage in order to change the
fire safety codes in order to allow the charter schools to occupy
the same quality spaces that private schools are allowed to occupy.
MS. DAVIS said that she appreciated the review of the charter
schools, but noted that without the extra funding this cannot be
accomplished.
CO-CHAIRMAN COGHILL announced his intention to report HB 191 out of
committee with or without the itemization.
REPRESENTATIVE WHITAKER inquired as to the bottom line of HB 191.
CO-CHAIRMAN DYSON explained that this legislation would extend the
contract date due to the difficulties for some schools in obtaining
leases. Furthermore, the upper limit is lifted. Co-Chairman Dyson
said that the large fiscal note is the result of last year's SB 36
which placed the small schools, which is the case with most of
these charter schools, in with the largest school in the district.
Therefore, these small schools have to deal with the administrative
and overhead cost of being a small school while falling under the
financial share of the largest school in the district. ????? That
is what made the $3,000 difference in the amount of money received.
Number 1681
REPRESENTATIVE WHITAKER moved to report HB 191 as amended out of
committee with individual recommendations and the attached fiscal
note. There being no objection, it was so ordered.
HB 195-SCHOOL GRANT/DEBT REIMBURSEMENT
CO-CHAIRMAN COGHILL announced that the next order of business as
HOUSE BILL NO. 195, "An Act relating to school construction grants
and to municipal school construction debt reimbursement."
BRUCE CAMPBELL, Legislative Assistant for Senator Phillips, Alaska
State Legislature, noted that Representative Brice was going to
refer to the Fairbanks School District regarding some questions.
REPRESENTATIVE BRICE informed the committee that, upon discussions
with the Fairbanks School District, there is potential for impact
which would be covered in the increased funding provided by the
state. Therefore, the district did not have tremendous problems
one way or the other.
Number 1789
REPRESENTATIVE WHITAKER moved to report HB 195 out of committee
with individual recommendations and accompanying fiscal notes.
There being no objection, it was so ordered.
HB 165-SCHOOL SAFETY PLAN
CO-CHAIRMAN COGHILL announced that the next order of business as
HOUSE BILL NO. 165, "An Act relating to school crisis response
planning."
REPRESENTATIVE KAPSNER, Sponsor of HB 165, Alaska State
Legislature, read the sponsor statement as follows:
In February of 1997 gunfire exploded in the hallways of
the Bethel Regional High School, ending the lives of
principal Ron Edwards and promising athlete Josh
Palacios. The actions that took place immediately
following this tragedy still haunt the residents of
Bethel with questions such as, "Should we...?" and "Why
didn't we...?"
I sincerely hope that no other school or community will
experience this type of trauma and the pain that
accompanies it. If, however, a crisis which affects the
life, health and emotional well-being of students does
happen, schools must be prepared to respond. Some
schools in Alaska have planned for such crises. Others
have not. House Bill 165 would make sure that every
school does so.
House Bill 165 adds a new section to the education
statutes requiring each school to develop a site specific
crisis response plan. The Department of Education would
provide the standards. Each school district would
develop a template for use by their schools. But the
real work would be done at each school, with the
involvement of those individuals at the school who will
respond to the tragedy.
House Bill 165 has had valuable input from numerous
individuals and organizations involved in school safety
issues. In fact, it became obvious early in my work on
this bill, that school safety is a multifaceted issue.
As communities and schools work on the wide range of
safety issues on an ongoing basis, HB 165 targets one
critical component: It asks each school to engage in the
forethought and planning to be prepared to meet the needs
of students in times of tragedy and crisis.
Number 1916
REPRESENTATIVE BRICE moved to adopt CSHB 165, Version LS0506\I,
Ford, 4/22/99, as the working document before the committee. There
being no objection, it was so ordered.
CO-CHAIRMAN COGHILL requested that Representative Kapsner walk the
committee through the bill and the changes incorporated in the
proposed committee substitute (CS).
REPRESENTATIVE KAPSNER referred to page 1, lines 7-13 which relates
to the crisis response team. The proposed CS divides the
membership of the committee into two components: those who shall
serve and those who may serve. Those who must be included are the
school principal or designee, one teacher, one classified employee,
and a parent of a child attending the school. The team may also
include a member from the local school board or advisory committee,
one student if the school has grade 10 or higher, a school
counselor, a member from the local law enforcement authorities,
and any other members at the discretion of the governing body.
REPRESENTATIVE KAPSNER said that the next major change in the
proposed CS is on page 2, lines 7-8 which adds the language, "or
faculty". This requires protocols for responding to immediate
physical harm of students or faculty. On page 2, line 9, paragraph
(5) was removed. Page 2, lines 17-23 the proposed CS makes changes
and requirements for updating the plan. The plan must be reviewed
annually and updated as appropriate. The proposed CS, on page 2,
line 24, removes the specific time requirement for annual training
and crisis response. With regard to the appropriate level of
training for school crisis, she indicated the in-service training
has been varied such that initial training may be two days and
subsequent training would require less time. Representative
Kapsner said that the goal of HB 165 is to engage every adult in
the decisions regarding how to respond to a crisis at a school
site. With the requirement that the plan be reviewed annually,
she hoped that this would be accomplished without a specific time
mandate.
REPRESENTATIVE GREEN expressed concern with the zero fiscal note
when the development and training of a plan will certainly cost
money. Furthermore, he was concerned with the definition of
"crisis" on page 2, lines 26-27. The definition's reference to
"hardship" could be interpreted to mean difficulty with finances to
get to school. With regard to the definition's reference to
"grief"; Representative Green asked if this legislation would cover
an aunt's death. Representative Green expressed great concern that
someone could hold the school responsible if the plan was not
followed to the letter of the law. He suggested that a disclaimer
could be placed in the bill. He also indicated the need for review
of this legislation in the House Judiciary Committee.
REPRESENTATIVE KAPSNER deferred to the Department of Education with
regard to the zero fiscal note. She believed that so many school
districts are in favor of this that they will find money to
implement the plan and properly train everyone. With regards to
litigation, she pointed out that those required to participate in
the plan are from the community. With community involvement, there
should be less threat of litigation. Representative Kapsner
suggested that perhaps, some of the clean-up could occur in this
committee.
TAPE 99-45, SIDE B
REPRESENTATIVE GREEN asked if there is a plan and a tight budget;
from where do we take the money.
REPRESENTATIVE KAPSNER said that someone from the department would
address the funding source.
REPRESENTATIVE BRICE referred to page 2, line 8 and asked if
"faculty" included support staff.
REPRESENTATIVE KAPSNER said that she did have the staff included in
the "faculty", but she was amenable to include the language, "and
staff".
Number 2185
REPRESENTATIVE WHITAKER referred to page 2, line 14 and inquired as
to the meaning of "crisis policies for enforcing school discipline
and maintaining a safe and orderly environment."
REPRESENTATIVE KAPSNER said that with her limited experience in
Bethel, "crisis policies for enforcing school discipline" means
ensuring the students, faculty and staff of the school are safe and
that total chaos does not occur. She explained that subsection (b)
discusses the procedures the crisis response team follows after a
crisis. The role of the team is defined and someone must be in
charge. In Bethel, the principal was down and no one was in
charge. Subsection (b) also identifies "the names of the crisis
response team members and their specific job functions relating to
a crisis" which means there is a delineation of who does what in a
crisis and when notifications occur. She believed that paragraph
(4) which includes protocols for the time following a crisis is
important. The crisis is usually a short time frame while the
trauma can last for years or a lifetime.
REPRESENTATIVE KAPSNER informed the committee that paragraph (5)
mainly refers to natural disasters, but could include things like
suicide. In a village of 300, the death of one person is extremely
traumatic. Paragraph (6) would among other things develop a plan
for a lock down. In Bethel, someone pulled the fire alarm
scattering everyone which was not appropriate for that crisis. She
explained that paragraph (7) hopes to keep the crisis from
escalating.
Number 2031
REPRESENTATIVE WHITAKER clarified then that subsection (b) only
relates to policies during and after the crisis.
REPRESENTATIVE KAPSNER replied yes. She informed the committee
that paragraph (7) was taken from the Department of Education's
manual and its recommendations. She indicated that the manual had
been provided to the committee for review.
CO-CHAIRMAN COGHILL suggested that the following language,
"policies for enforcing school discipline and maintaining a safe
and orderly environment during a crisis" be utilized for paragraph
(7) on page 2. The current language could be construed to mean
that as the policy is being made, "a discipline for the fact" must
be created. He felt that language needs to be clarified because
there will probably be disciplines that will be recommended before
the fact such as fire alarm training.
REPRESENTATIVE GREEN said that he apologized for misreading this.
REPRESENTATIVE KAPSNER stated that this draft has evolved a lot
since the initial legislation which was very broad. She believed
this to be a good step in requiring communities to review the
possibility of such a crisis as Bethel had.
Number 1905
CO-CHAIRMAN COGHILL commended Representative Kapsner for carrying
HB 165. He referred to page 2, line 26 which is the definition of
"crisis". Co-Chairman Coghill suggested that the language, "a
traumatic event" be replaced by "an emergency condition" in order
to alleviate any question regarding the definitions of "hardship,
fear, or grief".
REPRESENTATIVE KAPSNER said that she believed that a crisis
response team would be pivotal in defining crisis and which are
applicable to this legislation.
CO-CHAIRMAN COGHILL stated the need to give the crisis response
team the clearest direction possible. Questions may arise with
regard to the definition of a "hardship".
REPRESENTATIVE KEMPLEN asked if any of the school districts had
been asked how much time would be involved in the creation of these
site specific crisis response plans.
REPRESENTATIVE KAPSNER noted that she made one presentation to an
assembly of superintendents from across Alaska as well as
discussions with various school districts. She indicated that the
Department of Education would create a template. Furthermore, many
school districts, especially in Anchorage, have done much planning
in this area. The time spent tailoring the template to a specific
school would be the most consuming.
CO-CHAIRMAN COGHILL commented that most school districts probably
have something in the works. Also the department will share ideas
which may facilitate the development of a good plan. Co-Chairman
Coghill noted that Fairbanks has a fairly good plan, but that it
has areas that still need to be addressed.
REPRESENTATIVE KAPSNER said that Bruce Johnson would have the
specifics, but she believed that 47 of 54 school districts have
begun work in this area.
Number 1734
BRUCE JOHNSON, Director, Division of Teaching and Learning Support,
Department of Education, stated that the department is interested
in school districts providing the protection for students that
result from proactive planning in each school community. He noted
that the department has been working with Representative Kapsner on
this bill and on the companion bill in the Senate. Mr. Johnson
believed that the proposed CS allows for the latitude necessary for
the diversity within the state. As Co-Chairman Coghill indicated,
many school districts already have natural disaster plans in place.
He said that this is being viewed on an incremental basis and
components could be added easily. It is important for each
community to consider what to do in a disaster of this nature on a
school campus.
CO-CHAIRMAN COGHILL asked if it is necessary to deal with the
amendments mentioned earlier.
MR. JOHNSON said that the department has two staff members which
are prepared to lend technical support and assistance to school
districts and individual schools with this process. As
Representative Kapsner indicated, much of that can be accomplished
by providing a guide or template so that the department does not
have to go on site. Mr. Johnson suspected that the greater the
specificity of the bill the easier it will be for everyone to
understand the intent. He believed that the plans would look very
different from community to community which makes sense.
Number 1546
JOHN ANGAIAK, Lower Kuskokwim School District Board, Alaska
Association of School Boards, said the tragedy in Colorado is a sad
reminder of what happened in Bethel. Currently, there are 135,000
students in the 53 school districts in Alaska. This legislation
would impact many. He indicated the need to ensure the safety of
students in order that the students can pursue education and
excellence. Also this legislation would provide a better workplace
for its employees. This legislation would have a positive effect
for all. Mr. Angaiak indicated support of the concept encompassed
in the legislation.
CO-CHAIRMAN COGHILL said that he believed by doing this more
stability and calmness would be brought to some communities.
Number 1421
CARL ROSE, Executive Director, Association of Alaska School Boards
(AASB), said that his comments would be directed at the proposed
CS. The AASB supports school safety. He noted that Representative
Kapsner has worked with many groups in the various drafts of HB
165. The initial draft created some concern regarding the
diversity of the state in terms of the size and magnitude of issues
in small and large schools. Mr. Rose believed that Representative
Kapsner attempted to give latitude in the bill. The AASB supports
this effort and others to address school safety. Mr. Rose
indicated that the department will be relied upon with regard to
how regulations will be promulgated. Mr. Rose said that the AASB
supports the bill. Mr. Rose believed that if the efforts are
directional and the details are provided through regulation, the
legislature would be released of the aforementioned litigation
concerns.
REPRESENTATIVE BRICE said that it seemed that a school district
would be less likely to be shown as negligent, if a crisis plan is
implemented. The crisis plan would illustrate the intent of the
school district to be proactive. Representative Brice indicated
that the framework of HB 165 would establish some insulating factor
to a school district. He asked if Alaska school boards have faced
such lawsuits.
MR. ROSE replied no, but noted that it is an issue for the future.
This is a public policy issue. There is concern across the state
and the nation and addressing it through Representative Kapsner's
bill is appropriate.
Number 1248
JOHN CYR, President, National Education Association-Alaska
(NEA-AK), stated that school safety is one of the number one
concerns of NEA-AK. Mr. Cyr said that NEA-AK supports HB 165. He
appreciated Representative Kapsner working with all the different
constituencies to work through this issue. He reminded the
committee that this is a crisis response bill. Therefore, before
this legislation goes into effect, there will have to be a crisis
in a school. After which, a way to prevent some of those crisis
from happening.
Number 1171
DARROLL HARGRAVES, Executive Director, Alaska Council of School
Administrators, discussed a situation in Nome in 1974 in which the
Bering Sea came over the sea wall and residents were placed in the
school for safety. One of the problems was food service for the
residents as well as those dealing with the safety needs such as
electricity. Mr. Hargraves informed the committee that he broke
into the school kitchen and fed those folks USDA commodities. They
survived the crisis, but it took many months to complete all the
necessary paperwork for allowing that food to be eaten. After that
incident, the City of Nome and the school district developed a
crisis plan.
MR. HARGRAVES commented that without the broad definition of
"crisis" it would be difficult to deal with all the problems that
arise in schools. For example, Mr. Hargraves informed the
committee of an incident in which a student held a gun to a
teacher's head as well as two suicides. He believed that
techniques for dealing with those type of situations can be
incorporated. He noted that most superintendents would have
learned about this in a graduate school administration class.
However, the truth may be that many school districts would have no
idea how to deal with such a crisis. Mr. Hargraves supported the
proposed CS. With regards to the liability, he pointed out that in
a couple of suits the plaintiff charged that the school did not
have a plan addressing the problem.
REPRESENTATIVE BRICE believed that passage of legislation such as
this would provide insulation rather than exposure to litigation.
Number 0884
MR. HARGRAVES stated that development of a plan would take time and
a fiscal note could be attached to the legislation. However, there
are many areas from which help can be derived. For instance, the
Department of Education is developing a template for the plan.
Furthermore, this will be an appendix to many community plans. He
noted that the American Psychology Association (APA) does have good
protocols to put in place after such incidents.
CO-CHAIRMAN DYSON asked if Mr. Hargraves believed this would be an
unnecessary burden on the few districts which do not already have
a plan in place.
MR. HARGRAVES said that for some it will be a burden and will
require some work. There are willing workers who would have the
plan through the hearing process. Although larger areas would face
a larger task, he suspected that those areas would have the
rudiments in place.
CO-CHAIRMAN DYSON commented that he was impressed with his school
district in this regard.
REPRESENTATIVE GREEN asked if the smaller communities would face a
burden with the implementation of drills of the plan.
MR. HARGRAVES said he did not think so. Currently, statute
requires certain things and those may become part of this plan as
well. There must be maps on the wall to direct folks out of a
building and there must be nine fire drills a year. If there are
some additional parts in this plan, Mr. Hargraves indicated those
additions would be appropriate in order to determine how to call on
expertise in the community.
REPRESENTATIVE BRICE noted that Co-Chairman Coghill had mentioned
some technical amendments. He asked if Co-Chairman Coghill was
ready for motions on those technical amendments.
Number 0561
REPRESENTATIVE BRICE moved that the committee adopt Amendment 1
which reads as follows:
Page 2, line 14
Delete "crisis"
Page 2, line 15
After "environment";
Insert, "during a crisis"
Page 2, line 26
After "or";
Insert "emergency"
REPRESENTATIVE KAPSNER indicated that she was amenable to those
changes.
CO-CHAIRMAN COGHILL asked if there was any objection. There being
no objection, Amendment 1 was adopted.
REPRESENTATIVE BRICE moved that the committee adopt Amendment 2
which would make paragraph (4) on page 2 read as follows:
"protocols for responding to immediate physical harm of students,
faculty and staff".
REPRESENTATIVE KAPSNER said that she believed that clarification
made the bill better.
CO-CHAIRMAN COGHILL asked if there was any objection to Amendment
2. There being no objection, Amendment 2 was adopted.
Number 0427
REPRESENTATIVE BRICE moved to report CSHB 165 as amended out of
committee with individual recommendations and the accompanying zero
fiscal notes.
The committee took an at-ease from 4:28 p.m. to 4:29 p.m.
CO-CHAIRMAN COGHILL asked if there was any objection to the motion
to report CSHB 165 as amended out of committee. There being no
objection, it was so ordered.
ADJOURNMENT
Number 329
There being no further business before the committee, the House
Health, Education & Social Services Standing Committee meeting was
adjourned at 4:30 p.m.
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