04/11/2011 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB15 | |
| HJR16 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 15 | TELECONFERENCED | |
| *+ | HB 224 | TELECONFERENCED | |
| + | HJR 16 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 11, 2011
1:11 p.m.
MEMBERS PRESENT
Representative Carl Gatto, Chair
Representative Steve Thompson, Vice Chair
Representative Wes Keller
Representative Bob Lynn
Representative Lance Pruitt
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Mike Chenault (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 15
"An Act relating to prevention and evaluation of and liability
for traumatic brain injuries in student athletes."
- MOVED CSHB 15(JUD) OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 16
Proposing amendments to the Constitution of the State of Alaska
relating to state aid for education.
- MOVED HJR 16 OUT OF COMMITTEE
HOUSE BILL NO. 224
"An Act relating to the prohibition of selling or giving tobacco
or a product containing nicotine to a minor unless prescribed by
a licensed physician."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 15
SHORT TITLE: STUDENT ATHLETE TRAUMATIC BRAIN INJURIES
SPONSOR(S): REPRESENTATIVE(S) DOOGAN
01/18/11 (H) PREFILE RELEASED 1/7/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) EDC, HSS
03/16/11 (H) EDC AT 8:00 AM CAPITOL 106
03/16/11 (H) Heard & Held
03/16/11 (H) MINUTE(EDC)
03/30/11 (H) EDC AT 8:00 AM CAPITOL 106
03/30/11 (H) Moved CSHB 15(EDC) Out of Committee
03/30/11 (H) MINUTE(EDC)
03/31/11 (H) EDC RPT CS(EDC) NT 4DP 2AM
03/31/11 (H) DP: PRUITT, SEATON, FEIGE, DICK
03/31/11 (H) AM: P.WILSON, KAWASAKI
03/31/11 (H) RECOMMEND JUD REFERRAL
03/31/11 (H) HSS REFERRAL REMOVED
03/31/11 (H) JUD REFERRAL ADDED AFTER EDC
04/11/11 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HJR 16
SHORT TITLE: CONST. AM: EDUCATION FUNDING
SPONSOR(S): REPRESENTATIVE(S) KELLER
02/09/11 (H) READ THE FIRST TIME - REFERRALS
02/09/11 (H) EDC, JUD, FIN
03/25/11 (H) EDC AT 8:00 AM CAPITOL 106
03/25/11 (H) Heard & Held
03/25/11 (H) MINUTE(EDC)
04/04/11 (H) EDC AT 5:00 PM CAPITOL 106
04/04/11 (H) Heard & Held
04/04/11 (H) MINUTE(EDC)
04/06/11 (H) EDC AT 8:00 AM CAPITOL 106
04/06/11 (H) Moved Out of Committee
04/06/11 (H) MINUTE(EDC)
04/06/11 (H) EDC RPT 1DP 3DNP 2NR
04/06/11 (H) DP: DICK
04/06/11 (H) DNP: P.WILSON, SEATON, KAWASAKI
04/06/11 (H) NR: PRUITT, FEIGE
04/11/11 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE MIKE DOOGAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 15.
FRANK AMEDURI, Staff
Representative Mike Doogan
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 15 on behalf of the sponsor,
Representative Doogan.
STANLEY A. HERRING, M.D., Professor
University of Washington;
Member
NFL Head, Neck and Spine Committee
Seattle, Washington
POSITION STATEMENT: Provided comments and responded to
questions during discussion of HB 15.
KEN EDMONDS, Director
Government Relations and Public Policy
National Football League (NFL)
(No address provided)
POSITION STATEMENT: Testified in Support of HB 15.
JEAN MISCHEL, Attorney
Legislative Legal Counsel
Legislative Legal and Research Services
Legislative Affairs Agency (LAA)
Juneau, Alaska
POSITION STATEMENT: As the drafter of HB 15, responded to
questions.
JILL HODGES, Executive Director
Alaska Brain Injury Network, Inc. (ABIN)
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 15.
BRUCE JOHNSON, Executive Director
Alaska Council of School Administrators (ACSA)
Juneau, Alaska
POSITION STATEMENT: Provided comments and responded to
questions during discussion of HB 15.
JOHN ALCANTRA, Director
Government Relations
NEA-Alaska (National Education Association, Alaska Affiliate)
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HJR 16.
TOM FINK
Anchorage, Alaska
POSITION STATEMENT: Relayed that he endorses HJR 16.
DAVID BOYLE
Anchorage, Alaska
POSITION STATEMENT: Asked the committee to pass HJR 16.
BOB FLINT
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HJR 16.
KATHLEEN TODD
Valdez, Alaska
POSITION STATEMENT: Testified in opposition to HJR 16.
ACTION NARRATIVE
1:11:08 PM
CHAIR CARL GATTO called the House Judiciary Standing Committee
meeting to order at 1:11 p.m. Representatives Gatto, Thompson,
Gruenberg, Keller, and Pruitt were present at the call to order.
Representatives Holmes and Lynn arrived as the meeting was in
progress.
HB 15 - STUDENT ATHLETE TRAUMATIC BRAIN INJURIES
1:11:26 PM
CHAIR GATTO announced that the first order of business would be
HOUSE BILL NO. 15, "An Act relating to prevention and evaluation
of and liability for traumatic brain injuries in student
athletes." [Before the committee was CSHB 15(EDC).]
1:12:32 PM
REPRESENTATIVE MIKE DOOGAN, Alaska State Legislature, sponsor of
HB 15, in response to a request, confirmed that because some
questions were raised in the House Education Standing Committee
(HEDC) regarding one of CSHB 15(EDC)'s provisions, the bill's
referral to the House Health and Social Services Standing
Committee (HHSS) was replaced with a referral to the House
Judiciary Standing Committee (HJUD).
1:14:24 PM
FRANK AMEDURI, Staff, Representative Mike Doogan, Alaska State
Legislature, on behalf of the sponsor of HB 15, Representative
Doogan, concurred that the language of Section 2's proposed new
AS 14.30.143 - Concussions in student athletes: school district
immunity - raised concerns regarding liability. He offered his
belief that HB 15's liability language would essentially reduce
liability because currently there are no laws, regulations, or
guidelines addressing concussions, and thus liability to a
school district or one of its contractors is total. [This
proposed new AS 14.30.143] was included in the bill in order to
address the fact that almost every school in Alaska contracts
with nonprofit organizations for sport-related activities,
including activities extending beyond the regular school year.
MR. AMEDURI explained that under the bill, in order for such
organizations to receive the same immunity as would be provided
to school districts, the organizations must show proof of having
the proper amount of insurance [as outlined in proposed
AS 14.30.143(a)(3)(A), and proof of having complied with the
provisions of, and the subsequently-developed-guidelines
referenced in, Section 2's proposed AS 14.30.142 - which
addresses the prevention and reporting of concussions in student
athletes, and] which would require that coaches, parents, and
students be educated regarding [the nature and risks of]
concussions. Under proposed AS 14.30.142, [subsection (c)]
requires that a student suspected of having sustained a
concussion shall be removed from play, and [subsection (d)]
stipulates that any such student shall not be allowed to return
to play until he/she has been evaluated and cleared to do so in
writing by a qualified person.
CHAIR GATTO questioned whether the requirements outlined in the
bill would have to be followed for all sports, even those that
don't typically have an inherent risk of concussion.
MR. AMEDURI said yes, and pointed out that the bill would ensure
that once a student is suspected of suffering an initial
concussion - which can't really be protected against and could
happen in any sport - he/she is removed from play so as to
mitigate the risk that he/she will suffer a second concussion,
which can result in permanent brain damage. In response to
questions, he explained that the requirements of proposed
AS 14.30.142(b) would apply to all students - regardless of age
- and to the parents or guardians of students under the age of
18; and concurred that under proposed AS 14.30.142(c), anyone
would have standing to - and in fact would be required to -
insist that a student suspected of having sustained a concussion
be removed from play.
1:22:47 PM
MR. AMEDURI, in response to comments, explained that regardless
that the oft-times intense rivalry associated with school sports
could lead someone to try to use this legislation in an
unscrupulous manner, the primary intent of HB 15 is to protect
children from serious brain trauma, and thus part of the
training required under the bill includes how to recognize the
symptoms of a concussion - it's not just about whether a student
has sustained a blow to the head - so that in situations where a
child is exhibiting the signs of a concussion, steps can be
taken to protect him/her from further injury to the head. He
mentioned that there are training resources available on the
Internet, with various groups including the National Football
League (NFL) having contributed to the development of that
training material, which includes assessment guidelines that
would be used to determine whether a student really is
exhibiting signs of having sustained a concussion before taking
him/her out of play. In response to further comments and
questions, he indicated that because the health and safety of
the child is paramount, it would be better to err on the side of
caution.
REPRESENTATIVE HOLMES noted that proposed AS 14.30.142(a)
requires the governing body of a school district, in
consultation with the Alaska School Activities Association
(ASAA), to develop and publish guidelines and other information
regarding the nature and risks of concussions.
[Members then discussed various ways in which one could sustain
a head injury while playing soccer.]
REPRESENTATIVE DOOGAN explained that the bill isn't intended to
eliminate the occurrence of head injuries in sports activities
altogether; instead, the goal is to ensure that a student who
has sustained a concussion has recovered completely before being
allowed to play again.
MR. AMEDURI mentioned that members' packets include a handout
from the Centers for Disease Control and Prevention (CDC)
entitled, "Heads Up: Concussion in Youth Sports"; this handout
includes information about the signs observed by
parents/guardians, and the symptoms reported by the student
athletes themselves. Before a student is removed from play, he
assured the committee, the signs and symptoms outlined must be
present.
CHAIR GATTO, mentioning that he's served as a first responder,
noted that with some brain injuries, slow bleeding can occur
after the fact and therefore remain undetected.
1:33:43 PM
STANLEY A. HERRING, M.D., Professor, University of Washington;
Member, NFL Head, Neck and Spine Committee, characterizing the
work being done on HB 15 as important and critical in terms of
keep sports safe, explained that the state of Washington adopted
the Zackery Lystedt Law - concussion legislation he'd been
working on - and became the first state in the nation to adopt
such legislation. Since then, similar legislation has been
adopted in 15 other states. In response to a comment, he
indicated that the protocols followed for suspected brain
injuries are also followed for suspected spinal injuries. It
has been observed, he went on to say, that coaches, parents, and
students, once educated, become good advocates of efforts
towards keeping sports safe. Since passage of the Zackery
Lystedt Law, there haven't been any subdural hematomas occurring
during the last five [scholastic] football seasons.
Furthermore, there have not been any problems with coaches of
opposing teams demanding that a particular player be removed
from the game, and such problems are unlikely to occur at all
because coaches must account for their actions to their
governing/licensing organizations. Instead, coaches are
relieved that they no longer have the burden of returning an
injured student to play, and education efforts have resulted in
increased awareness by everybody involved regarding the dangers
of continuing to play with a head injury.
DR. HERRING, in conclusion, said that the experience in the
state of Washington and the other states that have passed
similar legislation has been an increased awareness that paying
proper attention to an injury can prevent significant and
serious trauma, even death, and yet without any decrease in
contact-sport participation/interest. In response to a
question, he clarified that since passage of the Zackery Lystedt
Law, [schools] have been able to stop athletes from continuing
to participate in a role that could result a subdural hematoma;
in other words, the early reporting of a suspected concussion
removes the athlete before he/she can sustain a subsequent blow,
which is often the blow that causes the internal bleeding.
Every year prior to the enactment of the Zackery Lystedt Law,
there was at least one subdural hematoma occurring during the
[scholastic] football season, but, again, there have been none
occurring since passage of that law. Such legislation has
contributed to the prevention of these types of preventable
brain injuries.
1:38:55 PM
DR. HERRING, in response to another question, relayed that aside
from sometimes providing a description of how a concussion can
occur - as Section 1 of HB 15 does - no state has thus far felt
it necessary to further statutorily define the term,
"concussion" in its legislation, the idea being that if there is
even a suspicion that a student has sustained a concussion, the
safest thing to do is to remove him/her from play. In response
to another question, he reiterated that there have not been any
problems with coaches of opposing teams using the pretext that a
particular player might have sustained a concussion in order to
demand that that player be removed from the game. This issue
was discussed during the debate on the Zackery Lystedt Law, but
experience has shown instead that coaches are very interested in
understanding the nature and risks of concussion because none of
them want to hurt their own athletes - none of the coaches have
misused this law.
REPRESENTATIVE GRUENBERG asked whether the language of proposed
AS 14.30.142(e) is sufficient in terms of providing immunity to
the person conducting the evaluation of the student; proposed
subsection (e) reads:
(e) A person who conducts an evaluation under (d) of
this section and who is not paid for conducting the
evaluation may not be held liable for civil damages
resulting from an act or omission during the
evaluation, except that the person may be held liable
for reckless or intentional misconduct and for gross
negligence.
DR. HERRING said he has seen similar language used without any
problems in the legislation adopted elsewhere.
REPRESENTATIVE GRUENBERG questioned whether cheerleaders would
be covered under the bill.
MR. AMEDURI said that HB 15 only covers student athletes.
However, members of the Alaska School Nurses Association (ASNA)
have relayed that if the bill passes, they would be interested
in approaching school districts with the concept of having the
same rules/guidelines contained in the bill apply to students in
general. Furthermore, in states which have passed similar
legislation, the rules/guidelines therein tend to be adopted by
various scholastic-sports groups/organizations and applied to
all students, regardless of whether they are on school property,
simply because those rules/guidelines make sense, particularly
in terms of preventing additional concussions and [resultant]
serious brain injuries.
1:46:01 PM
KEN EDMONDS, Director, Government Relations and Public Policy,
National Football League (NFL), referring to Dr. Herring as the
leading expert, relayed that his organization has been active in
other states on this issue, with the main objective being to
help those states pass laws like the Zackery Lystedt Law, which
Alaska's proposed law is very similar to, containing the same
three core principles: requiring education regarding the risks
and signs of concussion, requiring immediate removal from play
upon suspicion of having sustained a concussion, and requiring
medical evaluation and clearance before returning to play. His
organization therefore supports HB 15 and would like to see it
pass as soon as possible, particularly given the impact such
legislation has had in other states. In response to a question,
he provided a list of some of the states that have passed such a
law, and noted that should Alaska do so as well, it would be
among the first 20 states to do so, and thereby be in the
forefront of protecting its student athletes.
MR. AMEDURI, in response to a question, explained that in order
to address the issue of scholastic sports played in rural and
oft-times remote areas of the state, changes were made to the
bill such that proposed AS 14.30.142(d)(1)-(2) of CSHB 15(EDC)
now defines the term, "qualified person" - as used in subsection
(d) - as meaning either a healthcare provider licensed in the
state or one who by law is exempt from such licensure - such as
a visiting doctor on rotation - or a person acting at the
direction and under the supervision of a physician licensed in
the state or one who by law is exempt from such licensure - such
as a village nurse or a village health aide or a certified
athletic trainer. This language should ensure that only
qualified people are conducting the required evaluations. In
response to another question, he reiterated that the bill itself
only addresses student athletes, and that many
communities/organizations in the other states that have passed
similar legislation tend to adopt/apply the same
rules/guidelines contained in their state's legislation.
1:56:40 PM
JEAN MISCHEL, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, Legislative Affairs Agency (LAA),
as the drafter of HB 15, in response to questions and comments,
indicated that language could be added to proposed AS 14.30.143
in order to clarify that the immunity provided therein only
pertains to concussions.
REPRESENTATIVE GRUENBERG expressed interest in doing so.
1:57:46 PM
JILL HODGES, Executive Director, Alaska Brain Injury Network,
Inc. (ABIN), after providing some information about the ABIN,
expressed appreciation for the work being done on HB 15, and
relayed that there is a need for this bill and that it makes
complete sense, particularly if one has met someone who has been
impacted by a concussion in which the second impact was
devastating. She reported that she's heard testimony from young
adults across the country who, as student athletes in high
school, sustained traumatic brain injuries, and all say that
they wished that they'd had more information back when they'd
suffered the [initial injury], and all have spent years
attempting to restore their brain function to what it was before
their head trauma occurred. Although it is hard right now to
track just how many student athletes have sustained a
concussion, it is estimated that every year, 3,000 Alaskans go
to the emergency room due to a concussion or a traumatic brain
injury, with approximately 800 of those Alaskans having to be
hospitalized for more than 24 hours because the injury was
severe.
MS. HODGES said that once one learns to recognize the signs of
concussion, it becomes very easy to tell that a child has
sustained a concussion: for example, he/she may be
disorientated, may be unable to remember the plays called, may
look dazed, or may be unable to see normally. These are huge
signs that the child is indeed concussed. She relayed that as a
former student athlete herself, she wishes that she and her team
and school had had the knowledge and resources to recognize that
there were times when maybe sitting out of the game/practice for
a few days/weeks/months would have been best, particularly given
how short a period of time that is compared to losing one's life
or [suffering permanent brain damage/loss].
MS. HODGES, noting that the ABIN encourages the committee to
support HB 15, relayed that the ABIN has worked very closely
with some of the states that have already adopted similar
legislation. In those other states, as mentioned earlier,
[groups/organizations] are going above and beyond what's
required by law, resulting in more and more people - both kids
and adults - becoming educated about the vulnerability of the
brain and about the seriousness of concussion, whether occurring
on the field or off. House Bill 15 would be a good bill for
Alaska, helping it get control over traumatic brain injury,
which is viewed as a silent epidemic and a public-health crisis.
DR. HERRING, in response to a question, concurred that until
fully recovered from an initial injury, the brain is
particularly vulnerable to re-injury, and that the brains of
children take longer to recover. During this period of
vulnerability, certain and unique things can happen to the child
that can be devastating - if not deadly. This is particularly
relevant, both for this type of injury and for youth athletes.
It's not the first blow to the head - it's the second or third
blow [that can cause terrible damage] - and thus there's a
chance of being able to prevent these types of head injuries,
which, again, are preventable.
2:04:57 PM
BRUCE JOHNSON, Executive Director, Alaska Council of School
Administrators (ACSA), relayed that the ACSA and the Association
of Alaska School Boards (AASB) have been working closely with
the sponsor of HB 15 to ensure that it will work well for
student athletes, and provide for adequate protections and
protocols. The ACSA would like to lend its support, he relayed.
In response to a question, he relayed that legal counsel has
recommended that the language of proposed AS 14.30.142(d) that
reads, "is currently certified in the evaluation and management
of concussions" be amended by adding the phrase, "as verified in
writing by the qualified person". This additional language
should ensure that the person evaluating a concussed student
really is properly trained in performing such evaluations.
DR. HERRING indicated that he was amenable to such a change,
surmising that it could be helpful in ensuring that the person
doing the evaluations has the proper knowledge. He offered his
understanding that such trained personnel are readily available
through various organizations.
MR. JOHNSON, in response to a question, indicated that a form
for such verification could be developed and used.
MS. MISCHEL, in response to a question, relayed that if the
committee wished to allow for such verification to be provided
in an electronic format, then that should be specified in the
proposed additional language. She pointed out, however, that
having the person who is claiming to be qualified merely state
in writing that he/she is qualified doesn't provide any
reassurance that such is actually the case. She suggested
instead that requiring the person to provide proof of current
certification to the school district would be the better
approach.
REPRESENTATIVE GRUENBERG indicated a desire to add language that
would allow for electronic delivery of the necessary paperwork.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HB 15.
MR. AMEDURI, noting that Mr. Johnson's suggested language has
already been incorporated into the Senate companion bill,
cautioned against changing HB 15 to the point where a school
district no longer has the flexibility it needs to develop
guidelines appropriate to its own circumstances, or can no
longer obtain the services of a qualified person due to
liability issues.
2:16:19 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual
Amendment 1, to amend proposed AS 14.30.143(a) - specifically
the words, "an injury to or the death of a person" located on
page 3, line 11 - [such that the immunity provided for would
pertain only to concussive injuries or deaths caused by
concussion]. There being no objection, Conceptual Amendment 1
was adopted.
2:20:50 PM
REPRESENTATIVE HOLMES [made a motion to adopt] Conceptual
Amendment 2, to amend proposed 14.30.142(d) such that the words,
"as verified in writing by the qualified person" would be added
to page 2, line 30, after the word, "certified".
REPRESENTATIVE GRUENBERG objected.
REPRESENTATIVE GRUENBERG then made a motion to amend Conceptual
Amendment 2 such that the words, "or electronically" would be
added after the word, "writing". There being no objection,
Conceptual Amendment 2 was so amended.
REPRESENTATIVE GRUENBERG removed his objection to the motion to
adopt Conceptual Amendment 2, as amended.
REPRESENTATIVE KELLER objected, and sought clarification
regarding who would be providing the verification.
REPRESENTATIVE HOLMES offered her understanding that it would be
provided by the qualified person himself/herself.
REPRESENTATIVE KELLER removed his objection.
2:23:51 PM
CHAIR GATTO, after ascertaining that there were no further
objections, announced that Conceptual Amendment 2, as amended,
was adopted.
REPRESENTATIVE GRUENBERG questioned whether the bill should be
amended such that a definition of concussion would get added to
the statutes themselves.
REPRESENTATIVE HOLMES expressed a preference for not doing so,
predicting that it could create problems.
2:27:04 PM
REPRESENTATIVE THOMPSON moved to report CSHB 15(EDC), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection,
CSHB 15(JUD) was reported from the House Judiciary Standing
Committee.
The committee took an at-ease from 2:27 p.m. to 2:30 p.m.
HJR 16 - CONST. AM: EDUCATION FUNDING
[Contains mention of HB 145, which would provide the necessary
statutory changes for the establishment of a "parental choice
scholarship program", but which first requires voter approval of
HJR 16's proposed changes to the Alaska State Constitution.]
2:29:59 PM
CHAIR GATTO announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 16, Proposing amendments to the
Constitution of the State of Alaska relating to state aid for
education.
2:30:17 PM
REPRESENTATIVE KELLER, speaking as the sponsor, explained that
if passed by the legislature, HJR 16 would place before the
voters proposed amendments to the Alaska State Constitution
[that would then allow for statutory changes to be made via
HB 145, which is proposing to establish a "parental choice
scholarship program", thereby enabling public funds to be spent
on private schools; without prior voter approval of HJR 16, the
changes proposed via HB 145 would be unconstitutional].
Specifically, Section 1 of HJR 16 is proposing to amend Article
VII, Section 1, of the Alaska State Constitution by deleting the
sentence, "No money shall be paid from public funds for the
direct benefit of any religious or other private educational
institution."; and Section 2 is proposing to amend Article IX,
Section 6, by adding the words, "; however, nothing in this
section shall prevent payment from public funds for the direct
educational benefit of students as provided by law". Although
the proposed "parental choice scholarship program" would be
limited to providing public funding for private K-12 schools,
the constitutional changes proposed by HJR 16 address the issue
of public funding as it relates to all private schools. In
conclusion, he asked the committee to pass HJR 16 so that
Alaskans will have an opportunity vote on its proposed changes
to the Alaska State Constitution.
2:35:37 PM
JOHN ALCANTRA, Director, Government Relations, NEA-Alaska
(National Education Association, Alaska Affiliate), relayed that
the members of the NEA-Alaska strongly oppose HJR 16. The
resolution doesn't ensure that religious or other private
schools will accept every child, or that the teachers in those
schools are certified, or that those schools will have the same
testing requirements as public schools. Public schools make a
commitment to all children - regardless of a child's religious
background or learning capabilities - whereas private schools
don't. He opined that because over 90 percent of Alaska's
children attend public school, education-reform efforts should
instead focus on the schools that benefit the majority of
Alaska's children - public schools. He then provided some
suggestions regarding what those efforts ought to entail. In
conclusion, he opined that the Alaska State Constitution should
be left as is, and reiterated that the members of the NEA-Alaska
oppose HJR 16.
MR. ALCANTRA, in response to questions, offered his belief that
passage of HJR 16 would result in significantly less funding
being available for public schools; relayed that the NEA-Alaska
would oppose any resolution that would funnel public funds
towards private or religious schools; and opined that because
HJR 16's proposed constitutional amendment references law that
doesn't yet exist, HJR 16 shouldn't move forward without being
accompanied by HB 145, which would establish that as-yet-
nonexistent law.
2:46:55 PM
TOM FINK said he endorses HJR 16, and hopes that the committee
will pass it out soon. Characterizing the existing prohibition
against public funding for private schools as discriminatory, he
relayed that he is in support of HB 145, which requires the
passage of HJR 16. He opined that the problem with the current
education system, which he characterized as an un-improvable
monopoly, is that it continues to receive funding. The proposed
legislation could provide an alternative, he ventured, in that
once the aforementioned "parental choice scholarship program" is
in place, parents could pick the private school of their choice
and public funding for that school would be forthcoming but
without any new governmental restrictions. Currently, only 10
percent of parents nationally can afford to send their children
to private school. This is wrong and ought to be changed, he
opined, because although all parents pay taxes, only those who
don't send their children to public school have to then pay
extra for their children's education.
2:50:13 PM
DAVID BOYLE expressed disfavor with the existing prohibition
against public funding for private schools, and provided his
understanding of how that prohibition came to be; of how
different courts over time have ruled in cases involving that
prohibition; and that in some states, parents can receive public
funds for the private schools of their choice, schools which
they could not otherwise afford. In conclusion, he asked the
committee to pass HJR 16 so that the public could vote on the
issue.
2:55:19 PM
BOB FLINT indicated that he views the legislation's proposal as
a help to parents and students, enabling them obtain the
education that best fits them, not as an attack on the public
school system - the normal and dominant way people are educated.
The constitutional duty is to educate students, not maintain a
particular educational institution. In conclusion, he indicated
a belief that HJR 16's proposed constitutional amendments were
worthy of going before the voters.
2:57:32 PM
KATHLEEN TODD said she opposes both HB 145 and HJR 16, offering
her belief that the legislation would create chaos in the school
system and be a detriment to a lot of children. Specifically,
HJR 16 would allow for a draw on public funds for private
purposes but without also providing any guidelines regarding
what is actually taught or requiring verification that the
teaching methods are successful. She predicted that people
would not be in favor of such legislation if they knew that it
would result in their public funds being provided to private
schools that teach their students [to engage in military] jihad,
or to private schools that teach their male students more than
their female students, or to private schools that refuse to
teach students with disabilities. Furthermore, even if such
private schools could be required to teach only "the main
subjects" with public funding being restricted to just those
subjects, there is no guarantee that students would be taught
together and be allowed to interact with each other, rather than
being segregated because of ideology, gender, or religion. On
the question of why not simply let the proposed constitutional
amendment go before the voters so that they can decide the
issue, she characterized that as an abdication of legislature's
responsibility to make decisions regarding appropriations after
having first analyzed all the ramifications. In conclusion, she
urged the committee to vote "No" on HJR 16.
CHAIR GATTO, after ascertaining that no one else wished to
testify, closed public testimony on HJR 16.
REPRESENTATIVE KELLER clarified that although HJR 16 and HB 145
are supplemental to each other, they not the same; furthermore,
the policies, standards, and guidelines associated with HB 145 -
which he characterized as being about school choice - are still
to be decided upon. He shared his belief that if [both pieces
of legislation pass and] parents choose to send their child to
an Islamic school - for example - as long as that school meets
state and federal education standards, that would be completely
consistent with the values of the United States and with the
intent of the legislation.
REPRESENTATIVE HOLMES - expressing favor with the concept of
school choice - said her concern, however, is that passage of
HJR 16 would result in education funding being diverted away
from public schools, and thus she would be voting against it.
REPRESENTATIVE KELLER, in response to questions and comments,
relayed that there is a significant fiscal note attached to
HB 145, and offered his understanding that there is information
available documenting that [passage of legislation pertaining to
school choice] does not harm the public school system and
instead improves it.
3:08:09 PM
REPRESENTATIVE THOMPSON moved to report HJR 16 out of committee
with individual recommendations and [the accompanying fiscal
notes].
REPRESENTATIVE HOLMES objected.
A roll call vote was taken. Representatives Pruitt, Thompson,
Lynn, Keller, and Gatto voted in favor of reporting HJR 16 from
committee. Representatives Gruenberg and Holmes voted against
it. Therefore, HJR 16 was reported out of the House Judiciary
Standing Committee by a vote of 5-2.
3:09:21 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:09 p.m.