Legislature(1999 - 2000)
01/20/2000 03:10 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
January 20, 2000
3:10 p.m.
MEMBERS PRESENT
Representative Fred Dyson, Chairman
Representative Jim Whitaker
Representative Joe Green
Representative Allen Kemplen
Representative John Coghill
MEMBERS ABSENT
Representative Carl Morgan
Representative Tom Brice
COMMITTEE CALENDAR
HOUSE CONCURRENT RESOLUTION NO. 15
Requesting the governor to proclaim March as Developmental
Disability Awareness Month.
- MOVED HCR 15 OUT OF COMMITTEE
HOUSE BILL NO. 253
"An Act establishing a school disciplinary and safety program; and
providing for an effective date."
- MOVED CSHB 253(HES) OUT OF COMMITTEE
PREVIOUS ACTION
BILL: HCR 15
SHORT TITLE: DEVELOPMENTAL DISABILITY AWARENESS MONTH
Jrn-Date Jrn-Page Action
1/10/00 1885 (H) READ THE FIRST TIME - REFERRALS
1/10/00 1885 (H) HES
1/10/00 1885 (H) REFERRED TO HES
1/12/00 1909 (H) COSPONSOR(S): CROFT
1/20/00 (H) HES AT 3:00 PM CAPITOL 106
BILL: HB 253
SHORT TITLE: SCHOOL DISCIPLINARY AND SAFETY PROGRAM
Jrn-Date Jrn-Page Action
5/19/99 1653 (H) READ THE FIRST TIME - REFERRAL(S)
5/19/99 1653 (H) HES
1/18/00 (H) HES AT 3:00 PM CAPITOL 106
1/18/00 (H) Heard & Held
1/20/00 (H) HES AT 3:00 PM CAPITOL 106
WITNESS REGISTER
JENNIFER STRICKLAND, Legislative Assistant
to Representative Brian Porter,
Alaska State Legislature
Capitol Building, Room 208
Juneau, Alaska 99801
POSITION STATEMENT: Presented sponsor statement for HCR 15.
CONNIE ANDERSON, Developmental Disabilities Program Administrator
Division of Mental Health & Developmental Disabilities
Department of Health & Social Services
P.O. Box 110620
Juneau, Alaska 99811
POSITION STATEMENT: Testified in support of HCR 15.
DAVID MALTMAN, Executive Director
Governor's Council on Disabilities & Special Education
Office of the Commissioner
Department of Health & Social Services
P.O. Box 240249
Anchorage, Alaska 99524
POSITION STATEMENT: Testified in support of HCR 15.
ERNEST DUMMANN, Chair
Governor's Council on Disabilities & Special Education
Office of the Commissioner
Department of Health & Social Services
P.O. Box 240249
Anchorage, Alaska 99524
POSITION STATEMENT: Testified in support of HCR 15.
KATHLEEN FITZGERALD, President
Key Coalition
4521 Southpark Bluff Drive
Anchorage, Alaska 99516
POSITION STATEMENT: Testified in support of HCR 15.
KATHI GILLESPIE, Member
Anchorage School District
Anchorage School Board
4600 DeBarr Road
Anchorage, Alaska 99519
POSITION STATEMENT: Testified on HB 253.
BRUCE JOHNSON, Deputy Commissioner
Department of Education & Early Development
801 West Tenth Street, Suite 200
Juneau, Alaska 99801
POSITION STATEMENT: Provided information on HB 253.
RUSSELL BOWDRE
P.O. Box 1048
Delta Junction, Alaska 99737
POSITION STATEMENT: Testified in support of HB 253.
DARROLL HARGRAVES, Executive Director
Alaska Council of School Administrators (ACSA)
326 Fourth Street, Suite 404
Juneau, Alaska 99801
POSITION STATEMENT: Answered questions on HB 253.
JOHN CYR, President
National Education Association (NEA)-Alaska
114 Second Street
Juneau, Alaska 99801
POSITION STATEMENT: Commented on some amendments.
CARL ROSE, Executive Director
Association of Alaska School Boards
316 West Eleventh Street
Juneau, Alaska 99801
POSITION STATEMENT: Commented on some amendments.
BETH LAPE, Special Assistant
Office of the Commissioner
Department of Education & Early Development (EED)
801 West Tenth Street, Suite 200
Juneau, Alaska 99801
POSITION STATEMENT: Provided information on HB 253.
ACTION NARRATIVE
TAPE 00-3, SIDE A
Number 0001
CHAIRMAN FRED DYSON called the House Health, Education and Social
Services Standing Committee meeting to order at 3:10 p.m. Members
present at the call to order were Representatives Dyson, Whitaker,
Green and Kemplen. Representative Coghill joined the meeting as it
was in progress.
HCR 15 - DEVELOPMENTAL DISABILITY AWARENESS MONTH
CHAIRMAN DYSON announced the first order of business as House
Concurrent Resolution No. 15, Requesting the governor to proclaim
March as Developmental Disability Awareness Month.
Number 0088
JENNIFER STRICKLAND, Legislative Assistant to Representative Brian
Porter, Alaska State Legislature, explained that the resolution
before the committee is simple and straightforward. It establishes
March as Developmental Disability Awareness Month as described in
the sponsor statement included in committee packets. A resolution
has been requested instead of a citation in order to promote
greater understanding of and bring more recognition to this issue.
Number 0147
REPRESENTATIVE GREEN said he had read the letter from David Maltman
in which the Governor's Council on Disabilities and Special
Education indicates that they would like March 2000 to be
designated Developmental Disability Month. However, the first line
of HCR 15 doesn't indicate the year. He wondered whether HCR 15
refers to all Marches hereafter or just March 2000.
Number 0185
MS. STRICKLAND answered that HCR 15 applied to March of this year.
If the request had been for every March hereafter, the request
would need to be presented in bill form.
Number 0210
REPRESENTATIVE GREEN recommended the year 2000 be added to line 1.
MS. STRICKLAND had no objection to that.
CHAIRMAN DYSON asked if the committee had any objections and they
did not. [This was not a formal motion so HCR 15 was not amended
at this point.]
Number 0266
CONNIE ANDERSON, Developmental Disabilities Program Administrator,
Division of Mental Health and Developmental Disabilities,
Department of Health & Social Services, read the following
testimony:
The resolution is important because it recognizes nearly
12,000 Alaskans with developmental disabilities and their
importance in community life. The Division of Mental
Health and Developmental Disabilities welcomes the
advocacy that consumers, families, the Key Campaign and
the Key Coalition bring to the Developmental Disabilities
service arena. The Division also supports the efforts of
consumers, families, service provider agencies, and the
Governor's Council on Disabilities and Special Education
to ensure that more Alaskans with developmental
disabilities are able to participate in and contribute to
community life. The services and programs funded by the
Developmental Disabilities Program in the Division of
Mental Health and Developmental Disabilities are an
important part of the twin goals of integration and
inclusion of people with developmental disabilities in
one's community.
Recognition of March as Developmental Disability
Awareness Month will demonstrate the power of community
that is exemplified by people with developmental
disabilities, their families, friends, and advocates.
Number 423
DAVID MALTMAN, Executive Director, Governor's Council on
Disabilities and Special Education, Office of the Commissioner,
Department of Health & Social Services, testified via
teleconference from Anchorage. He explained that people with
developmental disabilities have severe mental or physical
disabilities which create limitations for their participation in
community activities. The Governor's Council on Disabilities and
Special Education wants to use HCR 15 as an opportunity to join
other public awareness events occurring in March to draw attention
to not only the needs of people with developmental disabilities but
also their capability to participate in the community. Committee
support for HCR 15 would go a long way in assisting the Governor's
Council to present the best aspects of what people with
developmental disabilities and their families have to offer. The
Council would appreciate committee support on HCR 15.
Number 0497
REPRESENTATIVE GREEN asked if the month of March is dedicated for
any other recognition such as is being requested. If so, he
wondered if the committee would be creating a problem by honoring
the HCR 15 request.
Number 0526
MR. MALTMAN replied he was not aware of any other awareness
campaigns scheduled in the month of March for the community of
people with disabilities; though there may be other activities
scheduled for March which recognize other groups and other
purposes. March is a national disability awareness month.
Therefore, the Council is trying to make its activities compatible
with national activities. The Key Campaign in support of people
with disabilities occurs in the first week of March so the Council
is trying to be supportive of that, thus maintaining some
consistency in approach.
Number 0589
ERNEST DUMMANN, Chair, Governor's Council on Disabilities and
Special Education, Office of the Commissioner, Department of Health
& Social Services, testified via teleconference from Anchorage in
support of the Council and as a parent of a child with a severe and
lifelong disability. He said statements have been made in HRC 15
which will definitely bring additional awareness to the public and
to the legislature about problems encountered by people with
developmental disabilities. There is language that gives
recognition to these people, many of whom will be on lifelong
support systems, and language that advocates an interest in
including people with developmental disabilities in commerce,
politics, local culture and education. Mr. Dummann speaks for
himself, his son, and for people with developmental disabilities in
supporting this resolution.
Number 0682
KATHLEEN FITZGERALD, President, Key Coalition, testified via
teleconference from Anchorage in support of HCR 15 as a
representative of Key Coalition and as a parent of a young lady who
experiences multiple disabilities. She explained that Key
Coalition sponsors the Key Campaign every year in March. She feels
HCR 15 does help support families and individuals with disabilities
regarding awareness in daily struggles, and in commitment to being
part of schools and communities. Key Coalition takes the
opportunity every year to meet with individual legislators to
discuss issues relevant to people with disabilities since those
people are unable to speak on their own behalf. Many families of
persons with disabilities finance their own way to visit
legislators, and some spend time all year raising money for that
visit. Key Coalition believes that HCR 15 is a fine way to help
support persons with disabilities and their families.
Number 819
REPRESENTATIVE GREEN made a motion to move HCR 15 from committee
with unanimous consent. There being no objection HCR 15 moved from
the House Health, Education and Social Services Committee.
HB 253-SCHOOL DISCIPLINARY AND SAFETY PROGRAM
Number 856
CHAIRMAN DYSON announced the next order of business as CS For House
Bill No. 253(HES),"An Act relating to a school disciplinary and
safety program; and providing for an effective date."
Number 0932
KATHI GILLESPIE, Member, Anchorage School District, Anchorage
School Board, testified via teleconference from Anchorage. She
read the following testimony:
The Anchorage School District through ASD Board policy,
administrative enforcement and negotiated agreement with
the Anchorage Education Association (AEA), the local
teacher's union:
Maintains community-based standards for school behavior;
and,
Protects and supports teachers who enforce standards of
student behavior and safety in the classroom.
The Anchorage School District's Statement of Rights and
Responsibilities guides students in following standards
of conduct that respect the rights of others and the
rules of the school community. The Statement of Rights
and Responsibilities constitutes School Board policy on
matters pertaining to students' rights and
responsibilities and outlines the consequences for
violating the standards of student behavior and insures
"Due Process," the opportunity for the student to: find
out about the charges against him/her; to present his/her
side of the story; and, be assured that the school will
insist upon good reasons for imposing discipline.
The consequences for violating the Standards of Student
Behavior are decided by the teacher or the principal, and
when possible, in collaboration with the parent,
depending on the degree of seriousness of the violation
and the consequences. Each case is reviewed and
determined individually. The final discipline decision
rests with the principal or other school administrator.
As ASD Board policy, the Statement of Rights and
Responsibilities was developed with teacher,
administration, parent and public input and formally
adopted at a publicly noticed regular ASD School Board
meeting.
Section 419 of the negotiated AEA teacher's contract,
outlines the discipline procedure for students and
clearly states that a teacher may exclude a student from
the classroom for the class period or activity when the
teacher judges the students' behavior to be disruptive to
the instructional program. The contract further states
that "if a teacher and the administrator concur that the
learning environment has been severely disrupted by a
student(s), the student(s) shall be suspended from the
classroom." It also states under "G" that "the Safety
Committee of each school shall develop and annually
review a plan for providing emergency support to any
teacher who calls for assistance when facing a potential
danger from violence, either to students or to self."
Section 420 of the AEA Agreement states that "no teacher
shall be disciplined or deprived of an employment right
or benefit without just cause."
We understand the intent of the bill to insure community
input into disciplinary procedures and to support
teachers who enforce those standards and believe these
issues are one of local control and are adequately
addressed in ASD School Board Policy and through our
negotiated agreement with the AEA. The Anchorage
community and staff were given multiple opportunities to
help develop the revisions to our current School Board
Policy, Section 450, the Student Rights and
Responsibilities. We do that on an annual basis. We
believe our process works and does not need to be
changed.
We do, however, have some concerns about this particular
bill that need to be addressed as it moves through the
legislative process. For instance,
Section 14.33.120 (3), line 11, page 2: Policies
and procedures for authorizing a teacher to remove
a student from the classroom for failure to follow
the school behavior and safety standards is an
administrative responsibility, not a decision for
the teacher alone.
Section 14.22.120(6), line 18, page 2 authorizing
the use of "reasonable and appropriate nondeadly
force to maintain classroom safety and discipline"
raises liability questions.
Section 14.33.130 (a), line 22-25, "a teacher...may
not be terminated or otherwise punished for
enforcement of an approved school disciplinary and
safety program," precludes the school district
administration and the School Board from exercising
its authority in taking what it believes to be
appropriate action in disciplining a teacher, or
others if they fail to appropriately handle the
student discipline situation.
Finally, the issue of making it a class A misdemeanor for
a member of the governing body of a school district who
knowingly allows a teacher, or others to be terminated to
punished in violation of Sec. 14.130(a) and indemnifying
a teacher, or others from civil damage resulting from an
act or omission arising out of enforcement of an approved
school disciplinary and safety program raises for us both
legal and ethical questions which need further
clarification.
In essence, the Anchorage School District understands the
intent of the bill. We're all concerned about school
safety, but we do believe that this particular bill
raises the legal questions as well as potentially usurps
school board and administrative authority and
responsibility.
We do believe the few instances this bill is designed to
remedy are best left to the local school board to handle.
As evidenced by our testimony, the Anchorage School
District has done just that. Thank you for your interest
and your time.
Number 1185
REPRESENTATIVE GREEN asked Ms. Gillespie if any of her concerns
would be relieved if the fact that the school board would be a
party to and have to approve such a plan.
MS. GILLESPIE answered no that they currently have policy in place
that is approved to go through public process. The issue for the
Anchorage School District is criminalizing the elected school board
members if that policy was not followed or if there was a charge
that the policy wasn't followed; it wouldn't go through an
administrative process and potentially they would be in front of a
judge.
Number 1221
REPRESENTATIVE GREEN said he is concerned her dialog was primarily
on the various other issues than criminality, and he wonders if
they can talk just about the fact that any discipline program would
be approved by that very school board would negate the negative
attitude for the other parts of the bill.
MS. GILLESPIE believes that every school district should go through
a public process and have a written policy on school discipline.
It needs to be agreed to by the employees in the school district,
the parents and the larger community. That is absolutely
necessary.
REPRESENTATIVE GREEN reiterated that her main concern is the
legality issue.
Number 1268
MS. GILLESPIE agreed her main concern is the legality issue. She
is also concerned about the definition of "reasonable and
appropriate nondeadly force." That could have a real broad
interpretation, and she is concerned about that issue.
REPRESENTATIVE GREEN noted that might be an issue for the Judiciary
Committee.
CHAIRMAN DYSON indicated that there will be a referral to the
Judiciary Committee. If the proposed CS moves out of this
committee, it will get an almost immediate hearing in the Judiciary
Committee.
CHAIRMAN DYSON asked Ms. Gillespie how the Anchorage School
District goes about getting community and parental input on the
behavior standards that are expected in school.
MS. GILLESPIE answered that there is a process done annually where
the school board sits down with the administration, principals and
teachers of the elementary, middle and high schools who bring forth
their concerns with the policy and how it is working. The board
makes any potential changes necessary and puts it out for two
public hearings. At that time the PTA [Parent-Teacher
Association], the Minority Concerns Committee and the special
education people are informed of the potential changes and are
given the opportunity to read it ahead of time and make comments.
After two public hearings, it is adopted by the school board.
CHAIRMAN DYSON suggested that the PTA's also review this on an
annual basis to give the school board input. He asked Ms.
Gillespie why she objects to the use of "nondeadly force."
Number 1429
MS. GILLESPIE related a situation in Louisiana that happened while
her son was in elementary school where the teacher locked
particular children (not her son) in the bathroom all day. Another
time when the teacher was at her wit's end, she picked up the
children by the hair and hit them with a ruler. Eleven children
transferred out of that class. It took many years for her son get
over that experience and be excited about going to school again.
She understands that reasonable standards for safety have to be
enforced. Giving a blank check to employees to treat children in
ways that parents would be considered abusive if they treated the
children that way in the home is not the answer.
CHAIRMAN DYSON wondered how that relates to what they are talking
about.
MS. GILLESPIE asked if that teacher's behavior could not be
described as reasonable and appropriate nondeadly force. When Ms.
Gillespie reported the teacher's behavior to the principal, he had
no problem with this kind of discipline. The principal's comment
to her was, "This teacher opened the school with me, and I'm not
going to do anything about it." What is reasonable force to one
person is not necessarily reasonable force to another, particularly
when the benchmark is nondeadly. It appears to her that any force
up to nondeadly would be considered reasonable. She doesn't think
that is a standard the parents and communities want to adopt in the
schools.
CHAIRMAN DYSON asked Ms. Gillespie if a child is terrorizing and
threatening the health and safety of another child, should the
staff be able to intervene in a reasonable and appropriate way to
save other children from being harmed.
MS. GILLESPIE answered that they do that now. The teachers and
security people are being trained now how to restrain students who
are out of control until the police can come. These words in HB
253 say to her that in any classroom situation and for any reason
the teacher can impose this level of force in order to maintain
discipline. That is very different than if there is a child who is
out of control and is a threat to others. This language is much
broader than that.
CHAIRMAN DYSON asked Ms. Gillespie if ASD has language in their
policy manual that they could substitute there.
MS. GILLESPIE said they could get language to them, but if it was
directly tied to if the child was a threat to himself or others,
then a reasonable expectation would be that type of force would be
used to protect either the child or the school at large. She
believes to just make that a general policy for general classroom
behavior is extending it too far. It is reasonable if the child is
a threat.
CHAIRMAN DYSON asked her if removing the word discipline would make
it better.
MS. GILLESPIE said she would like to see a reference to the child
being a danger to himself or others.
CHAIRMAN DYSON asked her what she would do if the child is not a
threat to others but stands in the middle of the classroom and
screams at the top of his lungs and refuses to leave or be quiet.
He wondered if the staff should be able to use any physical means
to remove the child.
MS. GILLESPIE said according to the ASD negotiated agreement, the
teacher can remove the child from the class. If the child makes a
habit of doing this, the teacher and principal can then suspend the
student. There would have to be a process for the student to have
a behavior contract to come back into the school. She can't recall
any incidents in the Anchorage schools where a student stood up and
screamed in class and the staff wasn't able to deal with it. She
is sure there have been incidents where a student had to be
escorted out of the classroom, but that is not what the proposed CS
says. It says that the teacher can use reasonable and appropriate
nondeadly force so the limit is anything other than deadly force.
CHAIRMAN DYSON noted that her testimony seemed to indicate to him
that protecting teachers who enforce the pre-agreed standards and
use the established disciplinary procedure somehow robs the school
board or administration of their management prerogatives,
referencing line 21, page 2. He believes she was getting at the
idea that if a teacher enforced the wrong standards, or didn't
follow the procedures, that the administration would not be able to
correct that teachers professional conduct.
MS. GILLESPIE replied it is assumed that the teachers would follow
school board policy including the student rights and
responsibilities. If teachers don't follow school board policy,
then they are subject to the evaluation process. She is concerned
that it is really not necessary because there is a process in place
now to hold the teachers and the school board accountable after
they adopt policy to follow that policy.
CHAIRMAN DYSON said this is all aimed at protecting the teacher
from retribution when he/she follows the rules. He asked her what
she objected to.
Number 1810
MS. GILLESPIE said she can't remember an incident where the
Anchorage school board has disciplined a teacher for following
school board policy. Normally what happens is there is
disagreement about school board policy, and they try to work it out
first administratively. If that doesn't work, there is a grievance
process. The board is there to enforce school board policy, and
they expect the employees to follow it. The employees would not be
disciplined for doing that.
CHAIRMAN DYSON commented they tried for a long time to figure out
what would be the "or else" for a school board or administration
that doesn't back up the teachers. They thought about trying to
increase their vulnerability under civil law, but Legislative Legal
and Research Services suggested the criminal sanctions. He asked
Ms. Gillespie for a suggestion on the penalty for a school board or
administration that exercises retribution against a staff member
that does the right thing and follows the right procedure.
MS. GILLESPIE indicated that was already outlined in law and the
school board member can be recalled. If the community is not
satisfied with the enforcement or development of school board
policy, then the members will have to stand for election. It is
the community's job to take care of a situation rather than
criminalize the policy makers.
CHAIRMAN DYSON noted the problem in several communities is the
community doesn't appear to want to enforce reasonable standards,
and teachers have been assaulted and treated disrespectfully to the
detriment of the education process. He encouraged Ms. Gillespie to
participate in the Judiciary Committee hearing.
Number 2017
BRUCE JOHNSON, Deputy Commissioner, Department of Education & Early
Development (EED) came forward to testify. He gave the following
testimony:
The Department continues to support an incremental
approach to better ensuring that all Alaska's children
are attending schools that have safe and respectful
learning environments. This bill assists with that goal.
I'd also like to note that the zero fiscal note that has
been handed out just prior to your taking testimony is
based on the notion that we believe that we are already
collecting the information that's requested of the
department through other grant requirements that we have
from the federal level. So that specifically refers to
Representative Whitaker's amendments on page 3, line 6
that had been proposed. That will not require extra
effort on our part; we're already doing it for our drug
safe schools grants so we believe that we are in good
shape. The kinds of data that are being collected
include prohibited behaviors such as fighting, drinking,
battery, assault, breaking and entering, vandalism,
things of that nature as well as weapon-related
incidents. So again we believe that these data are being
gathered and can be reported by school levels.
CHAIRMAN DYSON asked Mr. Johnson if the department also gets
reports of sexual harassment.
MR. JOHNSON answered yes. One of the things EED finds is how
incidences are categorized and reported district by district. This
needs continued definition. For example, one district will report
zero suspensions for any reason and a smaller district might report
a thousand suspensions. They will continue to work on the area of
reporting.
Number 2125
REPRESENTATIVE GREEN asked Mr. Johnson if he supported
Representative Whitaker's amendments.
MR. JOHNSON answered yes. The amendments seem to make good sense
and continue to follow their incremental approach to this.
CHAIRMAN DYSON asked Mr. Johnson how long he has been with EED.
Number 2149
MR. JOHNSON answered he has been associated with the department the
last four years. The first three were at Mt. Edgecumbe High School
as Director/Superintendent. Last January he worked in EED in
Juneau on a part-time basis as the director of teaching and
learning, and in July he assumed the role of deputy commissioner.
CHAIRMAN DYSON asked Mr. Johnson where would be the most
appropriate place for the buck to stop.
MR. JOHNSON answered that EED would support the amendment that
includes principals in the statute. He believes that
superintendents are aligned with the school board. They are hired
and retained by the school board, therefore they stand at that
level with the school board.
Number 2211
CHAIRMAN DYSON asked him how the use of force by the teachers and
staff should be defined.
MR. JOHNSON answered the use of force should be defined and not
left to the discretion to each individual teacher, but he is not
suggesting that it be defined in statute. It should be defined at
the local level and people should receive the necessary training.
CHAIRMAN DYSON asked if the terms reasonable and appropriate are
reasonable and appropriate in the proposed CS.
MR. JOHNSON replied that in the broadest sense, it says policies
need to ensure that individuals are using reasonable and
appropriate force to the situation. He assumes discussion will
occur in the communities as to what that looks like.
CHAIRMAN DYSON stated that the intention is that every district
and/or school will be expected to define in its own policy and
regulations what is reasonable and appropriate. He asked Mr.
Johnson if the word nondeadly should be taken out.
MR. JOHNSON answered he believes personally that reasonable and
appropriate force conveys a message to him if he were charged with
the responsibility of developing this either as a principal or
superintendent. Deadly force is never used.
TAPE 00-3, SIDE B
Number 2321
REPRESENTATIVE KEMPLEN referred to page 2, line 31 where it
mandates reporting to a law enforcement agency if a school employee
observes a crime being committed. He asked Mr. Johnson what type
of potential crimes, like drinking beer, smoking cigarettes or
physical violence, would constitute a misdemeanor and require
school employees to report to law enforcement.
MR. JOHNSON answered that drinking and smoking are clearly
violations that most school districts now report and are required
by law to report them. A law has been broken and most communities
have a good working relationship with the law enforcement agencies.
At Mt. Edgecumbe, staff were given authority to actually write
those citations on the campus rather than taking the time of a law
enforcement officer to respond to that level. It was a very
systematic approach. In Sitka the staff had a good relationship
with the magistrate who heard those issues. In regard to fighting,
it seems to him, it is the degree and intensity of the fight that
would cause a teacher or administrator to say this was so severe
that it needs to be reported. There is a lot of slapping, pushing
and those types of things that go on that are overlooked and dealt
with through the rules and regulations established within the
school environment. If it gets to a point that it would
potentially bring serious harm to an individual, the staff would
consider involving law enforcement. Even then charges may not be
filed; it will be an instructive moment for the student to interact
with the higher authority of law enforcement about how dangerous
that kind of behavior can be. Reasonableness prevails in this
regard.
CHAIRMAN DYSON indicated that the opinion from Legislative Legal
and Research Services is it is a crime if successful prosecution
would result in jail time; it is a violation if it doesn't. That
was the reason the drafters put crime in.
REPRESENTATIVE COGHILL reminded the committee HB 253 is to protect
teacher if there is criminal activity, not to go out and identify
criminals.
CHAIRMAN DYSON noted that the current culture tends to let things
slide and the need is to get people's attention.
Number 2056
RUSSELL BOWDRE testified via teleconference from Delta Junction.
He agreed this is a good bill and all school districts need good
solid guidelines. He read the following testimony:
We have all been saddened by the terrible tragedies that
have occurred in the schools across the nation. There
are many hurting, troubled and just plain disruptive
children in our school system. We have that in every
school system. They have it in Anchorage too. Something
must be done to identify and help them while protecting
the teachers, their aides and other students. By
establishing and enforcing behavioral guidelines we tell
children what is acceptable behavior for our society,
thereby training them for life. Strict enforcement of
good rules and quick disciplinary action will help teach
self-control to the students and the real truths of
consequences for their actions. The schools should be an
extension of the home: a safe, moral place for a child
to spend so much of his time. There are many
opportunities to influence a child for good and certainly
the hours spent at school each day should be used to the
utmost in this.
And unfortunately, in today's "sue-happy" society there
needs to be protection for those enforcing the rules.
I hope you will support this bill.
Number 1918
CHAIRMAN DYSON made a motion to strike the word nondeadly, on page
2, line 19.
CHAIRMAN DYSON asked whether there was any objection. There being
none, Amendment 1 was adopted.
Number 1784
REPRESENTATIVE WHITAKER made a motion to adopt Amendment 2, which
read:
Page 2, line 5: after the word "program", before the period,
add- "developed by the community with input from parents,
teachers and other persons responsible for students"
CHAIRMAN DYSON asked whether there was any objection. There being
none, Amendment 2 was adopted.
Number 1753
REPRESENTATIVE WHITAKER made a motion to adopt Amendment 3, which
read:
Page 3, line 6: add new subsection which read:
"School districts will report information related to the
school disciplinary and safety program as required by the
Department of Education & Early Development (EED) to include
reporting of incidents of disruptive and violent student
behavior. Procedures for reporting will be developed by EED."
CHAIRMAN DYSON asked whether there was any objection. There being
none, Amendment 3 was adopted.
Number 1724
REPRESENTATIVE WHITAKER made motion to adopt Amendment 4, which
read:
Page 3, line 6: add new subsection, which reads:
"The Department of Education & Early Development (EED) may
provide schools with character development curriculum,
behavior intervention strategies, and alternative programs and
services that emphasize prevention, early intervention, and
long term reduction of disruptive and violent behavior."
REPRESENTATIVE COGHILL objected for discussion purposes. He asked
if this is already happening, if it is now mandated and if it is
necessary.
CHAIRMAN DYSON answered no. They were asked to put it in to let
school districts involved in this process know that there are
resources available. He added that the National Education
Association (NEA) will also offer experts to individual schools.
REPRESENTATIVE COGHILL asked if it is necessary to put it in
statute.
CHAIRMAN DYSON answered no it is not necessary but asked Mr.
Johnson for his comments.
Number 1644
MR. JOHNSON agreed it is not necessary; it is part of the support
service that EED provides. If it were excluded, EED would continue
to perform that function using school boards, NEA and other
organizations to get that job done.
REPRESENTATIVE GREEN asked if it is there, does it add anything
that is not already available.
MR. JOHNSON answered that he suspects it is there to communicate
that there is support there; it is permissive whether or not they
do that.
REPRESENTATIVE COGHILL said he was reluctant to put it in statute.
Number 1584
A roll call vote was taken. Representatives Whitaker and Dyson
voted for the amendment. Representatives Green, Kemplen and
Coghill voted against it. Therefore, Amendment 4 failed by a vote
of 3-2.
Number 1525
CHAIRMAN DYSON made a motion to adopt a conceptual amendment,
Amendment 5, "Page 2, lines 22 and 26, insert the word "principal"
before the word "or".
REPRESENTATIVE GREEN asked if excluding the principals on page 3
was for a reason or an oversight. He also asked if a problem is
created by adding the word principal; would a counselor or others
not specifically mentioned be excluded.
Number 1387
DARROLL HARGRAVES, Executive Director, Alaska Council of School
Administrators, responded that the category of teachers includes
counselors in state statute.
Number 1344
CHAIRMAN DYSON amended his motion to include adding principal on
page 3, lines 4 and 8.
MS. GILLESPIE expressed her concern about where is the front line
of management. If principals are included in line 8, she pointed
out that the Anchorage School Board's firm understanding is the
principal is the first line of management at the school level to
enforce the policy. If principals are absolved from civil
liability for not enforcing that policy, where does the line of
management begin. Most school disciplinary issues are handled at
the school level; the principal is the one in charge of enforcing
policy.
Number 1283
The committee took a brief at-ease.
Number 1274
CHAIRMAN DYSON said ultimately those held responsible would be the
school board and their executive officer, the superintendent.
MS. GILLESPIE pointed out that she wouldn't include principal in
this list. If there is a problem enforcing school board policy, to
absolve the principal, who was probably the one who interpreted and
enforced the policy, is very difficult. The school board or
superintendent may or may not know of how the policy was enforced
by that principal. To absolve the principal of the consequences is
to not put the onus where it needs to be.
CHAIRMAN DYSON said as he reads it, the principals are only
protected here if they are not negligent or reckless or intentional
in their misconduct. He suggested that the Judiciary Committee can
deal with the legal issues.
Number 1148
CHAIRMAN DYSON asked if there were any objections to Amendment 5
which adds "principal" in four places in HB 253. There being none,
Amendment 5 was adopted.
Number 1120
CHAIRMAN DYSON made a motion to adopt a conceptual amendment,
Amendment 6, on page 2, Section 14.33.120, add a subsection which
read: "the governing body of a school may develop uniform school
disciplinary and safety programs for all schools within a given
population center if the behavior standards portion of the program
are a product of a collaborative school and community effort.
These community approved behavior standards will be clearly posted
in the schools and at a minimum, must included basic requirements
for respect and honesty."
Number 1073
JOHN CYR, President, National Education Association (NEA)-Alaska,
expressed concern that Amendment 6 would allow districts to have
blanket policies for entire districts without involving local
schools. Children don't go to districts; they go to schools. He
would like to be ensured that each school has an opportunity to
develop those policies that it sees fit and that those policies are
then adopted by the local school board.
CHAIRMAN DYSON asked Mr. Cyr if "individual" was inserted so it
read "collaborative individual school" would help.
MR. CYR indicated that would be wonderful.
CHAIRMAN DYSON amended the motion on Amendment 6 to include the
word individual between collaborative and school and pluralize
"effort."
REPRESENTATIVE GREEN asked a question about all the schools in a
district not having the exact policies.
CHAIRMAN DYSON explained his intention is that a relatively
homogeneous school district can have consistent standards across
the district if it wants, but there could be varying standards
between the schools. He intends that it would be the call of the
school board if it wants to allow individual variation between
schools.
Number 0877
CARL ROSE, Executive Director, Association of Alaska School Boards,
pointed out that some of what is in Amendment 6 was adopted in
Amendment 2. This amendment deals with uniformity, but Amendment
2 describes the involvement of the people who will be involved.
Number 0376
CHAIRMAN DYSON withdrew Amendment 6.
CHAIRMAN DYSON made a motion to adopt a conceptual amendment,
Amendment 7, which read:
Page 2, Section 14.33.120 add a subsection which read:
"A school disciplinary and safety program must be approved by
the governing body of a school district."
Page 2, Section 14.33.120 add a subsection which read:
"Schools which do not adopt a school disciplinary and safety
program as described may not be eligible for state funds."
Number 0321
MS. GILLESPIE suggested that "school districts" instead of schools
be used because it is the districts that receive state funds.
CHAIRMAN DYSON asked Beth Lape how that applies to the REAAs [Rural
Education Attendance Area].
BETH LAPE, Special Assistant, Office of the Commissioner,
Department of Education & Early Development (EED), agreed that Ms.
Gillespie is correct. School districts receive state funds, so it
would be the districts that would not receive the funds.
REPRESENTATIVE GREEN asked if all schools in the state fall into
some district.
MS. LAPE indicated that all schools are in districts except for Mt.
Edgecumbe and Alyeska Central School.
Number 0143
REPRESENTATIVE GREEN made a motion to add the word "district" to
Amendment 7.
CHAIRMAN DYSON asked whether there was any objection. There being
none, Amendment 7 was adopted.
Number 0071
REPRESENTATIVE COGHILL commented that on page 2, Section 14.22.120,
it still says "each school shall" so it doesn't change the intent.
It is still demanding a school's action.
TAPE 00-4, SIDE A
Number 0023
REPRESENTATIVE COGHILL made a motion to move CSHB 253, version
1-LS0599\1, Ford, 1/17/00, as amended, out of committee with
individual recommendations and zero fiscal note. There being no
objection, CSHB 253(HES) moved from the House Health, Education and
Social Services Committee.
ADJOURNMENT
Number 0134
There being no further business before the committee, the House
Health, Education and Social Services Committee meeting was
adjourned at 4:45 p.m.
| Document Name | Date/Time | Subjects |
|---|