Legislature(2015 - 2016)BUTROVICH 205
02/25/2016 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB103 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 103 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
February 25, 2016
3:31 p.m.
MEMBERS PRESENT
Senator Mike Dunleavy, Chair
Senator Charlie Huggins, Vice Chair
Senator Cathy Giessel
Senator Gary Stevens
Senator Berta Gardner
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 103
"An Act relating to school boards; relating to approval of
educational programs at residential psychiatric treatment
centers; providing for funding of educational services for
students in residential psychiatric treatment centers; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 103
SHORT TITLE: RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING
SPONSOR(s): SENATOR(s) GIESSEL
04/10/15 (S) READ THE FIRST TIME - REFERRALS
04/10/15 (S) EDC, JUD
02/17/16 (S) SPONSOR SUBSTITUTE INTRODUCED-REFERRALS
02/17/16 (S) EDC, JUD
02/25/16 (S) EDC AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR GIESSEL, Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, presented SB 103.
KARI NORE, Staff
Senator Giessel
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information on SB 103.
EVELYN ALSUP, Educational Director
North Star Behavioral Health
Anchorage, Alaska
POSITION STATEMENT: Presented information on SB 103.
MICHAEL LYONS, Vice President for Specialty Education
Universal Health Services of Delaware and North Star Behavioral
Health System
Melbourne, Florida
POSITION STATEMENT: Presented information on SB 103.
CAELA NIELSEN, Parent
North Star student
Eagle River, Alaska
POSITION STATEMENT: Testified in support of SB 103.
COMMISSIONER MIKE HANLEY, Department of Education and Early
Development (DEED)
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 103.
ACTION NARRATIVE
3:31:59 PM
CHAIR MIKE DUNLEAVY called the Senate Education Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Huggins, Giessel, Gardner, and Chair
Dunleavy.
SB 103-RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING
3:32:31 PM
CHAIR DUNLEAVY announced the consideration of a sponsor
substitute for SB 103. He noted there was a zero fiscal note.
3:32:51 PM
SENATOR GIESSEL, Alaska State Legislature, as sponsor, presented
SB 103. She shared a story about a ride-along with the Anchorage
Police Department and a call regarding a young man in foster
care who was having a meltdown and was transported to a
residential treatment center. She pointed out that had he been
required to stay in a long-term treatment facility, he would
have missed school. She said some school districts are not
adequately meeting the educational needs of such students and
the bill aims to fill that gap.
3:34:08 PM
KARI NORE, Staff, Senator Giessel, Alaska State Legislature,
presented information on SB 103. She said Senate Bill 103
addresses a gap in the current way we provide education services
to children admitted to residential psychiatric treatment
centers (RPTC's). She related that currently the RPTC's are
finding that local school districts sometimes fail to provide
adequate education services to children suffering from serious
mental illness who have been confined by a doctor or court order
to an RPTC for treatment that can last between 30 days to one
year.
She stated that version I of SB 103 amends AS 14.032.083, which
deals with contracting for services, to authorize a three-year
pilot project for school districts to contract with the RPTC's
in order to provide educational services to patients confined to
RPTC's. The bill calls for the RPTC to submit a proposed
contract to the local school district, which meets 21 rigorous
educational standards and accountability measures - found in AS
14.30.800. In addition, the contract must include a proposed
reimbursement rate to the RPTC. The local school board must then
issue a decision within 30 days, including findings of fact and
conclusions of law. The RPTC can appeal an adverse decision to
the commissioner of the Department of Education (DOE). The State
Board of Education must provide an appeals process similar to
that of a charter school. She said that this approach
streamlines and simplifies the process from the earlier version
of SB 103.
MS. NORE explained that there are a total of 12 RPTC's statewide
that could choose to educate their approximately 200 student
patients. She expected only a few of the larger facilities to
participate in this option. The pilot project will sunset in
three years and will provide data to DOE for future use.
CHAIR DUNLEAVY noted the committee has a quorum.
3:37:01 PM
SENATOR GARDNER referred to written testimony from Timothy
Cline, the Alaska AdvanceED Director, who talked about the
impact he has seen in 36 years of education in Alaska when
students in residential treatment centers return to their
neighborhood schools having had a good educational plan in place
when they were absent. She asked if the bill includes elements
of working with neighborhood schools.
MS. NORE explained that the RPTC's would work with local school
districts and the Center for Education Services in order to
ensure that the curriculum is matching up with the home schools.
CHAIR DUNLEAVY asked for a definition of home school.
SENATOR GARDNER clarified that it is the school in which the
student was previously enrolled.
She asked if there was a provision in the bill for a temporary
education program in order to communicate with a teacher or with
the school a child returns to upon release.
3:39:16 PM
EVELYN ALSUP, Educational Director, North Star Behavioral
Health, presented information on SB 103.
SENATOR GARDNER related that Mr. Cline's letter describes the
difference between a student who does or does not have a good
school program during residential treatment. She restated her
question.
MS. ALSUP replied that there are provisions in the school
contract for on-going communication between the school and the
treatment facility. The contract would begin upon admission and
would continue throughout the student's residency and discharge.
CHAIR DUNLEAVY suggested using "neighborhood school."
MS. NORE pointed out that the contract requirements are found on
page 4, line 10, of the bill.
3:41:15 PM
SENATOR HUGGINS spoke of the Mat-Su Centers that have a process
for on-site education.
MS. ALSUP said there are problems with that process.
SENATOR HUGGINS asked if the Mat-Su model is exportable.
MS. ALSUP said they have taken a look at the process and have
tried to improve upon it.
SENATOR HUGGINS asked if RPTC's process is the answer.
MS. ALSUP believed that melding education with mental health
treatment would increase the educational opportunity for the
child.
3:42:53 PM
CHAIR DUNLEAVY inquired if there were situations where mental
health issues would exceed the structure of the neighborhood
school and mental health treatment would take precedence over
that education. He concluded that the goal is to integrate
education and mental health treatment.
MS. ALSUP said that is correct.
3:43:45 PM
MICHAEL LYONS, Vice President for Specialty Education, Universal
Health Services of Delaware and North Star Behavioral Health
System, presented information on SB 103. He thanked the sponsor
and her staff for their hard work on this legislation. He
described the services provided by his programs and the need to
provide a free and appropriate public education to RPTC
students, comparable to students in regular schools. He said
RPTC is more effective at providing those programs than public
schools. He said there were many problems with the services
provided to residential students by the Anchorage School
District. He described the process used to find a solution to
those problems in forming a House Education Subcommittee to work
with the district and North Star.
He stated that SB 103 will allow RPTC's to enter into a contract
with local school districts to provide equitable education
service with measurable outcomes. He said his organization
operates over 200 behavioral health facilities throughout the
nation. Their program has a comprehensive academic
accountability system that includes a set of national standards
for educational services in residential settings, a school
improvement planning process, and an outcome management system.
He concluded that they have shared their system with the
Anchorage School District and DOE.
3:48:58 PM
SENATOR HUGGINS asked about student count and how money is
allocated. He suggested vouchers as a solution.
MR. LYONS said under their model all children would be counted
in the Anchorage School District. SB 103 simply allows a
contract between North Star and the district.
3:50:29 PM
CAELA NIELSEN, Parent, North Star student, testified in support
of SB 103. She described her background as an educator and her
son's disorders and the services provided for him by the
Anchorage School District. She recalled his suspension when he
was 13 and the process they followed in his IEP in the regular
school district. He was in various treatment programs, including
North Star and Palmer, which put him behind in school where he
ended up in a manic state and tried to overdose. She recalled
his history in and out of treatment centers. She listed what she
needed for her son and what she hoped to receive for him at
treatment centers. She strongly encouraged support for the
educational project found in SB 103.
3:59:27 PM
CHAIR DUNLEAVY asked if Ms. Nielsen is a public school teacher.
MS. NIELSON said yes.
CHAIR DUNLEAVY opened public testimony.
SENATOR GARDNER referred to Ms. Nielsen's testimony and asked if
RPTC's would have contracts with all schools.
4:01:24 PM
MS. ALSUP replied that the bill will allow contracts to various
districts, if needed. There would be communication with all
schools and each child would have a case manager.
SENATOR GARDNER asked how educational records would transfer
between the school and the RPTC.
MS. ALSUP said the records would be in RPTC's possession and
they would be responsible to gather them.
SENATOR GARDNER asked if schools would have access to records
upon a child's discharge.
MS. ALSUP clarified that the receiving school would be given all
academic records and be involved in the discharge process.
4:03:31 PM
CHAIR DUNLEAVY noted the presence of Senator Stevens. He asked
Ms. Alsup if she is a teacher.
MS. ALSUP said she has worked in the district as an educator for
26 years.
4:04:25 PM
MS. ALSUP shared how stressful it is to a family when a child
needs inpatient mental health treatment and the importance of
equitable access to school curriculum during this time. She said
a student's education should not be compromised during
treatment; education plays an essential part in successful
treatment.
She shared an example of a student in treatment who was not
taking classes that counted toward graduation. The Anchorage
School District made a conscious effort to correct situations
like this after the last legislative session, but there are
still areas of deficiency. She addressed how North Star would
address the deficiencies and improve educational opportunities
for students in treatment.
4:07:01 PM
SENATOR GARDNER asked whether the appeals process mirrors the
language of charter schools.
MS. ALSUP said they align closely.
SENATOR GARDNER said she has drawn a blank from her local school
district when trying to find out their perspective regarding
this issue.
4:08:24 PM
COMMISSIONER MIKE HANLEY, Department of Education and Early
Development (DEED), answered questions regarding SB 103.
SENATOR STEVENS asked if the appeals process is an "end run"
around districts.
COMMISSIONER HANLEY said it does not feel like it is an end run,
but an opportunity to pursue what the RPTC feels is the proper
treatment for students, much like strengthening charter school
laws in HB 278. There was language in HB 278 that required
districts to make their decisions based on findings of fact and
conclusions of law, and the same language is in SB 103. In the
funding language in the bill, the school board needs to find
that the funding requested is reasonable. What is appealable is
relatively narrow.
4:10:07 PM
SENATOR GARDNER asked if there is anything in the bill that
gives concern.
COMMISSIONER HANLEY said not from the state's perspective. Even
though the bill provides that the district "shall" enter a
contract, the rest of the bill speak to the components of the
contract. He said he has spoken extensively with the Anchorage
School District about the bill.
4:11:15 PM
CHAIR DUNLEAVY kept public testimony open.
4:11:42 PM
SENATOR GIESSEL provided closing comments, saying as a nurse
practitioner, she is very aware that some of her clients very
often have behavioral health issues. There is a huge deficiency
in the state in addressing behavioral health issues and there
are barriers that are preventing qualified clinicians and
educators from serving these children. She concluded that SB 103
is an opportunity to begin to meet the significant behavioral
health problems in Alaska.
4:12:59 PM
SENATOR GARDNER appreciated the sponsor's bringing the bill
forward and for Ms. Alsup's help in addressing concerns.
CHAIR DUNLEAVY set SB 103 aside.
4:13:24 PM
There being no further business to come before the committee,
Chair Dunleavy adjourned the Senate Education Committee at 4:13
p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1. SB 103 Sponsor Statement.pdf |
SEDC 2/25/2016 3:30:00 PM |
SB 103 |
| 2. SB 103 Sectional Analysis.pdf |
SEDC 2/25/2016 3:30:00 PM |
SB 103 |
| 3. SB 103 Sponsor Statement.pdf |
SEDC 2/25/2016 3:30:00 PM |
SB 103 |
| 5. SB 103 Fiscal Note.pdf |
SEDC 2/25/2016 3:30:00 PM |
SB 103 |
| 6. ASD Testimony on SB 103.pdf |
SEDC 2/25/2016 3:30:00 PM |
SB 103 |