Legislature(2013 - 2014)CAPITOL 120
03/11/2014 01:00 PM House MILITARY & VETERANS' AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB313 | |
| HB318 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 318 | TELECONFERENCED | |
| *+ | HB 313 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE SPECIAL COMMITTEE ON MILITARY AND VETERANS' AFFAIRS
March 11, 2014
1:05 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Co-Chair
Representative Pete Higgins
Representative Shelley Hughes
Representative Lora Reinbold
Representative Dan Saddler
Representative Max Gruenberg
MEMBERS ABSENT
Representative Neal Foster, Co-Chair
COMMITTEE CALENDAR
HOUSE BILL NO. 313
"An Act relating to mitigation at sentencing in a criminal case
for a defendant found by the court to have been affected by
combat-related post-traumatic stress disorder or combat-related
traumatic brain injury."
- HEARD & HELD
HOUSE BILL NO. 318
"An Act relating to public school reports of students whose
parents are members of the active duty military service."
- MOVED HB 318 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 313
SHORT TITLE: MITIGATING FACTOR: COMBAT-RELATED PTSD
SPONSOR(s): REPRESENTATIVE(s) GARA
02/19/14 (H) READ THE FIRST TIME - REFERRALS
02/19/14 (H) MLV, JUD
03/11/14 (H) MLV AT 1:00 PM CAPITOL 120
BILL: HB 318
SHORT TITLE: ANNUAL SCHOOL REPORT: MILITARY FAMILIES
SPONSOR(s): REPRESENTATIVE(s) SADDLER
02/21/14 (H) READ THE FIRST TIME - REFERRALS
02/21/14 (H) MLV, EDC
03/11/14 (H) MLV AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE LES GARA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor of HB 313, introduced the
bill.
RIC DAVIDGE, State Director
Government Affairs
Vietnam Veterans of America, Alaska
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 313.
BRANT MCGEE, Attorney
Anchorage, Alaska
POSITION STATEMENT: Speaking on his own behalf, testified in
support of HB 313.
CINDY STROUT, Attorney
Anchorage, Alaska
POSITION STATEMENT: Speaking on her own behalf, testified in
support of HB 313.
MCHUGH PIERRE, Deputy Commissioner
Office of the Commissioner/Adjutant General
Department of Military and Veterans Affairs
Joint Base Elmendorf-Richardson, Alaska
POSITION STATEMENT: Answered questions during the hearings on
HB 313 and HB 318.
PAUL PRESSING, Deputy Director
Teaching and Learning Support
Department of Education and Early Development
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
313.
MARK SAN SOUCI, Regional Liaison
State Liaison Office
U.S. Department of Defense
Tacoma, Washington
POSITION STATEMENT: Testified in support of HB 318.
LIEUTENANT COLONEL KAY SPEAR BUDD
State Family Program Director
Alaska National Guard; Member,
Coalition for Alaska Service Members, Veterans and Families
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 318.
ACTION NARRATIVE
1:05:29 PM
CO-CHAIR GABRIELLE LEDOUX called the House Special Committee on
Military and Veterans' Affairs meeting to order at 1:05 p.m.
Representatives Hughes, Reinbold, Higgins, and LeDoux were
present at the call to order. Representatives Gruenberg and
Saddler arrived as the meeting was in progress.
HB 313-MITIGATING FACTOR: COMBAT-RELATED PTSD
1:06:11 PM
CO-CHAIR LEDOUX announced that the first order of business would
be HOUSE BILL NO. 313, "An Act relating to mitigation at
sentencing in a criminal case for a defendant found by the court
to have been affected by combat-related post-traumatic stress
disorder or combat-related traumatic brain injury."
1:06:26 PM
REPRESENTATIVE LES GARA, Alaska State Legislature, prime sponsor
of HB 313, informed the committee the bill creates a mitigating
factor in law. When a judge is considering the sentence to be
imposed on a felon, the judge can increase the sentence if the
felon has done something especially bad, and can reduce the
sentence if there is a sympathetic factor, called a mitigator.
In law there are about 35 aggravators that can increase a
sentence, and about 20 mitigators that can decrease a sentence.
The bill creates a mitigator related to military veterans that
if a military veteran can prove that his or her crime is related
to, and in part caused by, combat-related post-traumatic stress
disorder (PTSD) or combat-related traumatic brain injury (TBI),
the judge can take that into consideration and decide either not
to reduce the sentence, or to reduce the sentence.
Representative Gara pointed out that roughly 60-80 percent of
Vietnam veterans who returned home with PTSD have some level of
substance abuse problems; in fact, in some, PTSD creates long-
term anxiety, fear, aggravation, or depression, and can
contribute to suicide. He advised that some veterans come home
changed, and that is a relevant mitigating circumstance if
caused by one's military service. Although the bill does not
absolve one of responsibility for the crime, the judge should be
able to consider mitigating factors. The bill is modeled after
the mitigating circumstances for felons who suffer from fetal
alcohol syndrome (FAS), and which exclude the crimes that cause
someone serious injury or are sex crimes. The mitigator would
apply to crimes of burglary, theft, and felony driving while
intoxicated (DWI).
CO-CHAIR LEDOUX surmised that someone with PTSD caused by combat
would most likely be engaged in violent crime.
1:10:59 PM
REPRESENTATIVE GARA responded that he had no statistics on that
and acknowledged that some crimes will be violent crimes.
Violent crimes were not included in the FAS legislation because
the legislature decided that for a certain level of crime, there
could be no mitigator; however, the committee can choose whether
to agree. He added that with the increased firepower at use in
military conflicts today, military blasts cause about twice the
number of brain injuries than during the time of the Vietnam
conflict; veterans returning from Afghanistan and Iraq have
higher levels of brain injury, and these injuries happened
during their service to the U.S., which justifies a reduced
sentence if proven to be a factor in criminal behavior.
REPRESENTATIVE REINBOLD agreed that the intent of the bill is
good, however, many crimes involve drugs and alcohol and the
perpetrators may be self-medicating or hiding their symptoms.
She asked how much risk there is to the public when shorter
sentences are imposed.
1:14:42 PM
REPRESENTATIVE GARA reminded the committee that the bill only
applies in felonies, and those with reduced sentences will still
serve jail time and will receive treatment while in jail. Many
of these offenses carry presumptive five- to eight-year jail
sentences, so reducing the amount of jail time by 20 percent
will not have an effect on the public, he opined, but is
recognition of their condition. If the bill extended to rape or
murder and to violent criminals, there may be an argument that
there is a danger to society; on the other hand, confinement,
jail, and solitary living in a cell can exacerbate the symptoms
of PTSD.
REPRESENTATIVE REINBOLD inquired as to whether felons receive
treatment through veterans' benefits at an equal level if not in
jail.
REPRESENTATIVE GARA was unsure if veterans' benefits apply while
in jail, but expressed his hope that veterans' benefits and
substance abuse treatment would be offered in jail and
afterward. In further response to Representative Reinbold, he
said he would get a definitive answer.
REPRESENTATIVE HUGHES noted a benefit of the bill is that more
veterans may be properly diagnosed with PTSD and receive
treatment. She asked for information on the treatment available
to veterans while incarcerated, and whether other states have
similar legislation.
1:19:28 PM
REPRESENTATIVE GARA was unsure whether mitigators in other
states address combat-related PTSD or TBI injuries. The bill
was written in response to reports from practitioners on the
increased rate of clients with PTSD.
REPRESENTATIVE HUGHES questioned if mitigators may impact
whether treatment during or following incarceration is [mandated
as] part of the sentence.
REPRESENTATIVE GARA advised that after leaving jail, one is
still under the jurisdiction of the state because there are
periods of probation or parole. It is very common to have a
treatment requirement of release and it must be proven to a
probation or parole officer that substance abuse or counseling
programs are completed; refusal will lead to re-arrest on a
probation or parole violation.
REPRESENTATIVE GRUENBERG opined PTSD is an important issue from
other points of view such as health. The state has a high
percentage of veterans and PTSD affects others as well.
REPRESENTATIVE REINBOLD supported the use of the word "may"
instead of "shall" on the first page of the bill.
REPRESENTATIVE GARA affirmed that mitigators are not automatic
but are "based on the facts."
1:23:42 PM
REPRESENTATIVE GRUENBERG called attention to page 1, line 6 of
the bill which read:
(d) The following factors shall be considered by the
sentencing court if proven
REPRESENTATIVE GRUENBERG clarified that mitigators are required
to be considered, but are not required to be applied.
REPRESENTATIVE REINBOLD said correct.
CO-CHAIR LEDOUX opened public testimony on HB 313.
1:24:25 PM
RIC DAVIDGE, State Director, Government Affairs, Vietnam
Veterans of America, Alaska, informed the committee he is a
combat veteran and has held other positions with various
organizations representing Vietnam veterans. He suggested that
had this legislation been law after the Vietnam conflict, many
Vietnam veterans incarcerated today might not still be
incarcerated. Mr. Davidge said he has been diagnosed with 75
percent PTSD after his service as a combat medic in Vietnam, but
with personal effort he is able to manage the syndrome. He
described the actions of those with PTSD as "appropriate
behavior which has been trained or learned as a result of
combat, but is now not appropriate in civil society." Symptoms
are detected and managed only with great effort and a lot of
support from fellow veterans. In response to an earlier
question, he said there are incarcerated chapters of Vietnam
Veterans of America and their members qualify and receive
Veterans Health Administration benefits for the treatment of
PTSD. He described how a sufferer suddenly experiences a
trigger, which could be stress, a sound, or a smell.
Unfortunately many who suffer are not diagnosed or willing to
admit that they need help, even though now veterans are
encouraged to do so. The opportunity for a judge to consider a
mitigator to a crime when it is clear that someone suffers from
PTSD or TBI would be a great help in veteran courts. Mr.
Davidge pointed out veterans today have often served in combat
for four or six years after multiple deployments and this is a
reason for the high divorce and suicide rates among new
veterans. He expressed his organization's full support for HB
313, and said forty-nine other states are considering similar
legislation.
1:30:09 PM
REPRESENTATIVE HUGHES asked whether this is a recent effort.
MR. DAVIDGE responded that PTSD and "minor" TBI as mitigators
for criminal sentencing have been discussed nationwide for three
to five years; however, this is the first bill to his knowledge.
REPRESENTATIVE GRUENBERG assumed that a service member could
acquire PTSD during military service even if it were not
"combat-related."
MR. DAVIDGE said yes, PTSD could be acquired through a training
incident, but it is not classified combat-related unless the
nature of the incidences that cause triggers is repetitive.
Combat-related PTSD has done more damage to the brain.
1:33:09 PM
REPRESENTATIVE GRUENBERG related his personal experience on an
aircraft carrier. He asked whether the term "combat-related" is
limited to those under enemy fire, since others can acquire PTSD
from stressful and dangerous assignments.
MR. DAVIDGE advised that service members who are in a combat
theatre are eligible for consideration for combat-related PTSD,
because anyone in a combat situation deals with an enormous
amount of stress. In further response to Representative
Gruenberg, he said the term is defined with the PTSD diagnosis;
however, if one is in a combat zone or a theatre of combat,
one's experience is relative to one's military occupation. The
definition has been expanded some since the Vietnam conflict,
and the diagnoses for PTSD and combat-related PTSD are extremely
precise and accurate.
1:36:49 PM
BRANT MCGEE, speaking for himself, informed the committee he is
a lifelong Alaskan who served as a combat medic in the Central
Highlands of Vietnam in 1969, and is an attorney. He encouraged
the committee to review literature on PTSD and TBI. Mr. McGee
described in detail the experience of a combat veteran returning
home: during the tour of duty the veteran dreams of an idyllic
life at home; after coming home everyday life is strange and
different; family and friends have changed; the tour is a hole
in the veteran's life; family and friends do not understand
combat experiences; the veteran survives with fear and paranoia,
remembering horrible sights that prevent sleep; there is
exhaustion; there are lapses in memory; there is a different
fear than in combat, in that the veteran cannot act as in
combat, and actions are unacceptable; the veteran is alone,
cannot hold a job, cannot control her or her emotions, and the
only relief is from drugs and alcohol which leads to illegal
activities; the best case is that this lasts only a few years.
REPRESENTATIVE GRUENBERG assumed Mr. McGee represented clients
who suffer from PTSD in his criminal defense law practice, and
asked whether there is a definition for PTSD in the Diagnostic
and Statistical Manual of Mental Disorders (DSM), third or
fourth edition.
1:42:12 PM
MR. MCGEE said yes, it is well-defined in the DSM, fifth edition
(DSM-5).
REPRESENTATIVE GRUENBERG urged for the definition to be entered
into the record.
MR. MCGEE said there is a source for the definition regarding
PTSD on the Department of Veterans Affairs (VA) web site:
www.PTSD.VA.GOV.
REPRESENTATIVE REINBOLD restated her belief that the intent of
the bill is good; however, her question was whether [substance
abuse] treatment for veterans is better delivered inside or
outside of jail. She again questioned the amount of risk to
family members and the public "if for some reason they get out
early without treatment ...."
1:44:47 PM
MR. MCGEE answered that time in jail has been found to aggravate
combat-related PTSD in veterans, and jail is not an appropriate
place for treatment. There are programs through VA and other
sources that are effective; in fact, VA Health Administration is
much better prepared now than during the Vietnam era, and
today's veterans are more willing to acknowledge the problem and
get treatment. He opined a sentencing judge may shorten the
jail term, but also mandate treatment because there are risks to
family and community from those with PTSD symptoms. He affirmed
that many who are affected turn to alcohol and drugs, and for
those who end up in the criminal justice system it is important
to recognize their service so that judges may consider the
mitigator. Mr. McGee reminded the committee that in Alaska
judges cannot determine treatment after one is committed to the
Department of Corrections (DOC).
1:47:45 PM
CINDY STROUT, speaking for herself, informed the committee
working as a criminal defense attorney she has had contact with
many young men who are in the criminal justice system for
offenses involving controlled substances. Many of these clients
suffer from PTSD; and her experience, experts, and studies have
shown that combat-related PTSD and substance abuse generally go
hand-in-hand. In order to return a soldier to mental health,
both conditions require treatment. The treatment for combat-
related PTSD is specific and needs to take place in a setting
with other combat veterans at VA, and is beyond the programs
available at DOC. Ms. Strout opined the intent of the bill is
to give a judge the flexibility to reduce a jail sentence and
require treatment in an appropriate setting. In response to an
earlier question, she said her experience with clients is that
VA psychologists in this field have developed a specific tool to
make a diagnosis of combat-related PTSD. She agreed with the
previous speaker that PTSD is a pervasive mental illness that
affects the soldier's life and must be treated. Ms. Strout was
encouraged by promising new treatments for PTSD; however, the
mitigator provided by HB 313 would allow the sentencing judge to
recognize the specialized treatment a soldier needs.
1:52:10 PM
REPRESENTATIVE GRUENBERG referred to a U.S. Supreme Court ruling
stating that "for aggravators" one has a federal constitutional
right to a jury trial if there are new facts. He asked whether
the mitigator proposed in HB 313 would entitle a defendant to a
jury trial.
MS. STROUT answered that the case is Blakely v. Washington 542
U.S. 296(2004). She opined that the defendant has to prove the
mitigator by clear and convincing evidence; in addition, the
Blakely analysis would not apply because the defendant is
seeking to decrease the sentence.
REPRESENTATIVE GRUENBERG then asked whether those who would be
affected by the bill have a constitutional right to treatment.
MS. STROUT advised that the Alaska State Constitution carries a
requirement of rehabilitation, and answered in the affirmative.
REPRESENTATIVE HIGGINS inquired as to whether there is
mitigation in existing law for those who have acquired PTSD
while working in other fields such as law enforcement officers,
firefighters, and first responders, because others may need this
help also.
MS. STROUT said no, and agreed that many others suffer from PTSD
including victims of sex abuse and rape. There are mitigating
factors for duress and coercion.
1:56:34 PM
MR. MCGEE acknowledged that many others are affected by PTSD due
to a variety of causes; however, it is appropriate to set
combat-related PTSD sufferers aside from others because they
suffer due to their service at the bidding of the nation, thus
the nation bears some responsibility for their care.
REPRESENTATIVE HUGHES added that the factors of the frequency
and duration of combat-related events are another reason. She
then asked Mr. Pierre how many Alaskan veterans are coming home
with PTSD and whether diagnoses are made previous to their
discharge, and if a veteran can request a diagnosis by medical
professionals other than VA personnel.
2:00:22 PM
MCHUGH PIERRE, Deputy Commissioner, Office of the
Commissioner/Adjutant General, Department of Military and
Veterans Affairs (DMVA), answered that a veteran must be
diagnosed by a VA doctor in order to determine the level of
disability for disability claims. He said he was unsure of how
many Alaskans are returning, but all service members are given
thorough treatment and examinations. Mr. Pierre stressed that
DMVA and the Alaska National Guard encourage returning veterans
to acknowledge their injuries and seek treatment. Along with
increased weapons technology, advances in medical care mean more
veterans survive combat, but return with complex and serious
injuries that must be addressed in every way possible.
2:02:22 PM
CO-CHAIR LEDOUX, after ascertaining no one else wished to
testify, closed public testimony on HB 313. She announced that
HB 313 was heard and held.
HB 318-ANNUAL SCHOOL REPORT: MILITARY FAMILIES
2:03:13 PM
CO-CHAIR LEDOUX announced that the final order of business would
be HOUSE BILL NO. 318, "An Act relating to public school reports
of students whose parents are members of the active duty
military service.
2:03:24 PM
REPRESENTATIVE SADDLER introduced HB 318 as the prime sponsor.
He informed the committee that military families in Alaska face
special challenges such as: frequent transfers; overseas
deployment on short notice; students must transfer schools and
adjust to different graduation criteria and class requirements;
and students face social dislocations and social pressures.
These challenges can impede students' normal progress toward
graduation. Military parents may be very aware of these
challenges to their children's educational progress, but they
are largely hidden from school districts, and state and federal
governments. Although state law requires annual reports on
school and student performance regarding accreditation,
achievement test scores, proficiency, retention, attendance,
drop-out and graduation rates, and enrollment changes, the
Department of Education and Early Development (EED) does not
specifically track the performance of military students thus
there is no indicator linking school performance to military
status. The U.S. Department of Education (DOE), Impact Aid
Program seeks to collect information on military families and
their students for tax purposes, but it does not identify the
specific school or individual students' performance.
Representative Saddler said there are about 37,000 military
dependents in Alaska including a significant number of
kindergarten through twelfth-grade students. The bill seeks to
capture information on students of active-duty military families
and require school districts to gather and report to EED on the
number, attendance, and performance of students in public
schools. Also, the information would be posted on the worldwide
web with other reports. The families affected are those on
active duty in the armed forces of the U.S., the U.S. Coast
Guard, the Alaska National Guard, the Alaska Naval Militia, or
the Alaska State Defense Force. He concluded that having this
information would benefit local school districts, help school
districts design programs, generate federal tax assistance, and
provide guidance to incoming military families. Furthermore,
educational organizations connected with military students
endorse identifying and tracking students, and seven states have
similar laws or executive orders.
2:07:39 PM
REPRESENTATIVE HUGHES asked whether the U.S. Department of
Defense (DoD) or DOE has requested this information, and if this
information has been proven to be helpful to military families.
REPRESENTATIVE SADDLER deferred to a representative of DoD.
REPRESENTATIVE HIGGINS observed that HB 318 directs certain
information to be gathered that is already known by school
districts.
REPRESENTATIVE SADDLER responded that EED does not gather this
information on students from military families, although local
schools may on a voluntary basis. In further response to
Representative Higgins, he said EED would create new forms and
questionnaires to collect the required information.
2:10:56 PM
PAUL PRESSING, Deputy Director, Division of Teaching and
Learning Support, EED, affirmed that the department now gathers
the following information: sex, race, original spoken language,
and migrant status, but not whether a student is part of a
military family. This would require a new data element to be
incorporated into the department's data collection system.
REPRESENTATIVE HIGGINS expressed his belief that a military
transfer would be part of a student's school registration.
MR. PRESSING explained EED could request certain information
that schools already have. In further response to
Representative Higgins, he noted that the state report cards on
each school and school district show the academics for subgroups
such as English Language Learners. A military student subgroup
would reveal reading, writing, and math scores, and could be
compared to other students or subgroups on the state report
card.
REPRESENTATIVE SADDLER added that other performance comparisons
could be on graduation rates, attendance, and higher or lesser
achievement than peers.
REPRESENTATIVE HUGHES cautioned that even if the information is
gathered by group, when the information is used a pattern may
inadvertently identify individual students.
MR. PRESSING assured the committee that all student data is
confidential, and districts use this type of data to drive their
educational programs.
2:16:16 PM
CO-CHAIR LEDOUX opened public testimony on HB 318.
2:16:33 PM
MARK SAN SOUCI, Regional Liaison, State Liaison Office, DoD,
informed the committee this issue arose in 2012 and 2013 as one
of the key issues towards improving the quality of life for
military families. He said there are school districts in Alaska
that document military families, but these are typically schools
near military installations that do so in order to apply for and
receive military impact aid from DoD or DOE; this aid totals
about $2 million, however, DoD and DOE do not know about the
population in schools that do not request money. Tracking of
this type reveals trends such as absenteeism based on parental
deployments or other military service. In addition, this
information can facilitate the distribution of DoD and local
resources. In the 2014 DoD budget, $25 million is designated to
school districts and the first step is to know how many
military-connected kids are in a school district. Mr. San Souci
pointed out the bill has a low fiscal note because most schools
would just need to add a code to their information-gathering
system. He added that the intent of the bill is to protect
privacy, and similar legislation is too new to provide
supporting documentation. In response to Representative
Higgins, Mr. San Souci confirmed that this information is
important to the education agency of DoD.
2:20:35 PM
REPRESENTATIVE HIGGINS asked whether DoD has funds to contribute
to the cost of gathering this information.
MR. SAN SOUCI recalled in 2013 the DoD Impact Aid Program gave
Alaska EED $1.5 million and the Delta/Greely School District
$48,000, and DOE provided approximately $106 million in federal
aid to school districts.
2:22:23 PM
LIEUTENANT COLONEL KAY SPEAR BUDD, State Family Program
Director, Alaska National Guard, said she was representing the
Coalition for Alaska Service Members, Veterans and Families.
The purpose of the coalition is to support Joining Community
Forces, a national initiative, which seeks to educate community
members about the military throughout Alaska, to identify gaps
in services, and to encourage collaboration between agencies.
From its outreach efforts, the coalition has identified the gap
in information addressed by HB 318, which is to identify all
students of parents who have served in the past or are currently
serving in the military. She stated that the benefits of
collecting this data are to connect and communicate with
teachers and schools to aid children of military families and
provide resources and referrals. The U.S. has been at war for
over 12 years and the coalition is looking at the long-term
effects of war on the children of military families and at the
community support that is needed now more than ever.
CO-CHAIR LEDOUX inquired as to how to prevent the disclosure of
an individual's performance information in a small school
setting.
2:26:05 PM
MR. SAN SOUCI responded that there would be the same protection
of information as there is for any other subgroup of kids. He
added that some military families live away from the base, and
their children attend school in a district not highly-impacted
by the military.
REPRESENTATIVE HUGHES cautioned that publicly reporting
performance in a school with two or three military-family
students could reveal their identities easier than other
subgroups. She asked if a school with very low numbers of these
students could be exempted.
REPRESENTATIVE SADDLER acknowledged that the reporting of small
samples is a challenge in Alaska; he was unsure if there are
provisions in existing protective laws for the non-public
disclosure of small populations, but said this situation is "in
the clutter of statistical reporting ... information."
REPRESENTATIVE HUGHES requested that Co-Chair LeDoux discuss her
concerns with EED at the next committee of referral. In
response to Representative Saddler, she agreed that being in a
military family is honorable, but frequent moves can be hard on
students.
CO-CHAIR LEDOUX said she and the sponsor will ensure that this
issue is thoroughly vetted at the next committee of referral.
2:30:49 PM
REPRESENTATIVE HIGGINS opined that in Alaska there are many
studies that are completed and paid for, but that are without
value. He stressed that when the military deploys a service
member there are not many choices of location for the family,
and questioned how spending $80,000 - and $10,000 per year
subsequently - to collect information, will help military
families. Representative Higgins remarked:
... and when it goes to the next committee, I want ...
to hear specifics, how does it help you? ... It all
sounds good, but until we actually put pen to paper,
how does it help?
REPRESENTATIVE SADDLER answered that the information will help
parents know whether or not to live on base. Further, DoD wants
to know at which locations the kids of soldiers and airmen are
getting a good education, because a good education for their
family members is a significant element for morale.
REPRESENTATIVE HIGGINS interjected that the military cares most
about the service member.
REPRESENTATIVE SADDLER acknowledged that the service member is
most important, but his experience shows that the military does
value a strong family. Another value of HB 318 is to school
districts; for example, DoD has programs at schools near Joint
Base Elmendorf-Richardson (JBER) for counseling for kids of
deployed parents through Impact Aid resources.
2:34:32 PM
CO-CHAIR LEDOUX asked whether there are any statistics that show
that there are high-performing schools that are not working for
students of military families, or vice-versa. She suggested
that the school reports that show a school is doing well in
general should be sufficient.
REPRESENTATIVE SADDLER said identifying students with the unique
challenges of military families provides the metrics required to
measure outcomes. There are benefits to knowing the
performances of subgroups, because "what gets measured gets
managed."
REPRESENTATIVE GRUENBERG read from AS 14.60.010(6) as follows:
Public schools include elementary schools, high
schools, citizenship night schools for adults and
other public educational institutions that may be
established;
REPRESENTATIVE GRUENBERG questioned whether the bill includes
charter schools or only affects non-charter schools.
2:38:19 PM
CO-CHAIR LEDOUX said charter schools are public schools.
REPRESENTATIVE GRUENBERG then referred to the bill on page 2,
lines 25-28, paragraph 11, which read:
(11) information on the number, attendance, and
performance of students enrolled in the school whose
parents or guardians are on active duty in the armed
forces of the United States, the United States Coast
Guard, the Alaska National Guard, the Alaska Naval
Militia, or the Alaska State Defense Force.
REPRESENTATIVE GRUENBERG said paragraph 11 would only require
EED to provide information on "number, attendance, and
performance" of the students. Paragraph 10 [page 2, lines 24
and 23] read:
(10) other information concerning school performance
and the performance of the school's students as
required by the state board in regulation
REPRESENTATIVE GRUENBERG questioned whether the information
required in paragraph 11 was equal to the information required
in paragraph 10.
CO-CHAIR LEDOUX suggested the sponsor review the order of
paragraphs 10 and 11.
REPRESENTATIVE GRUENBERG asked supporters of the bill whether
any additional information is desired.
2:41:37 PM
LIEUTENANT COLONEL SPEAR BUDD said there is a lot of confusion
with the term "active duty." For example, service members in
the National Guard or Reserve that are not deployed, are not
considered active duty. She suggested that the language,
"parents or guardians, serving or have served in the armed
forces" would ensure that all of the families and students get
the services that they have earned as former or current military
service members.
2:43:28 PM
MCHUGH PIERRE, Deputy Commissioner, Office of the
Commissioner/Adjutant General, Department of Military and
Veterans Affairs (DMVA), added that the goal of [paragraph] 11
is to include those affiliated with DoD or the U.S. Coast Guard
that are active service members. He clarified that the Alaska
Naval Militia and the Alaska State Defense Force are state
entities that are not technically considered military. They are
the organized state militia as far as the State of Alaska is
concerned, but not by DoD, thus including these services might
glean more information than is necessary. Additionally, members
of the Alaska Naval Militia serve under a memorandum of
understanding with the Navy Reserve and any of its Reserve
members will already be counted.
REPRESENTATIVE SADDLER, in additional response, said veterans or
traditional [U.S. Coast Guard] service members do not transfer
as much so - at this time - the proposed legislation is focused
on active military.
REPRESENTATIVE HUGHES asked for affirmation that a deployed
member of the Reserve fits the bill's definition of "active duty
in the armed forces."
REPRESENTATIVE SADDLER said the Alaska National Guard has
deployed service members.
MR. PIERRE clarified that the effort [of the bill] is to
acknowledge that some service members in the Alaska National
Guard do move across the state; he agreed that the sponsor of
the bill is correct to include members of the Alaska National
Guard. In further response to Representative Hughes, he
confirmed that if Reserve members of the Alaska National Guard
are deployed, they meet the definition of active duty in
[paragraph] 11 of the bill.
2:46:41 PM
CO-CHAIR LEDOUX, after ascertaining that no one else wished to
testify, closed public testimony on HB 318.
REPRESENTATIVE GRUENBERG urged the sponsor to closely review the
language of the bill.
REPRESENTATIVE SADDLER said Representative Gruenberg's question
would be posed to EED.
2:47:23 PM
REPRESENTATIVE HUGHES moved to report HB 318 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 318 was reported from the
House Special Committee on Military and Veterans' Affairs.
2:48:13 PM
ADJOURNMENT
There being no further business before the committee, the House
Special Committee on Military and Veterans' Affairs meeting was
adjourned at 2:48 p.m.