Legislature(2015 - 2016)BUTROVICH 205
04/02/2015 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB37 | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 37 | TELECONFERENCED | |
| += | SB 79 | TELECONFERENCED | |
| += | SB 80 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
April 2, 2015
3:33 p.m.
MEMBERS PRESENT
Senator Charlie Huggins, Vice Chair
Senator Cathy Giessel
Senator Gary Stevens
Senator Berta Gardner
MEMBERS ABSENT
Senator Mike Dunleavy, Chair
COMMITTEE CALENDAR
SENATE BILL NO. 37
"An Act relating to sexual abuse and sexual assault awareness
and prevention efforts in public schools."
- HEARD & HELD
SENATE BILL NO. 89
"An Act relating to a parent's right to direct the education of
a child; and relating to questionnaires administered in
schools."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 37
SHORT TITLE: SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
SPONSOR(s): SENATOR(s) MCGUIRE
02/04/15 (S) READ THE FIRST TIME - REFERRALS
02/04/15 (S) EDC, FIN
04/02/15 (S) EDC AT 3:30 PM BUTROVICH 205
BILL: SB 89
SHORT TITLE: PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE
SPONSOR(s): SENATOR(s) DUNLEAVY
03/25/15 (S) READ THE FIRST TIME - REFERRALS
03/25/15 (S) EDC, STA
03/31/15 (S) EDC AT 3:30 PM BUTROVICH 205
03/31/15 (S) Scheduled but Not Heard
04/02/15 (S) EDC AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SENATOR LESIL MCGUIRE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 37.
LAUREN RASMUSSEN, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Anchorage
POSITION STATEMENT: Presented information related to SB 37.
CINDY MOORE, representing herself
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of SB 37.
BUTCH MOORE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of SB 37.
DAVID HOLTHOUSE, representing himself
Anchorage, Alaska
POSITION STATEMENT: Testified in favor of SB 37.
ROBERT BOYLE, Superintendent
Ketchikan School District
Ketchikan, Alaska
POSITION STATEMENT: Testified against the mandated training
required in SB 37.
KEVIN SHIPLEY, Superintendent
Kake City Schools
Kake, Alaska
POSITION STATEMENT: Testified in support of SB 37, but against
the unfunded mandate.
LAURIE MORTEN, Executive Director
State Council on Domestic Violence and Sexual Assault
POSITION STATEMENT: Testified on SB 37.
LISA SKILES-PARADY, Executive Director
Alaska Superintendent Association
POSITION STATEMENT: Testified against SB 37.
BETHANY MARKUM, Staff
Senator Mike Dunleavy
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 89 on behalf of the sponsor.
SCOTT MACMANNUS, Assistant Superintendent
Gateway School District
Tok, Alaska
POSITION STATEMENT: Testified against the requirement in SB 89
to get permission from parents.
ACTION NARRATIVE
3:33:13 PM
VICE CHAIR HUGGINS called the Senate Education Standing
Committee meeting to order at 3:33 p.m. Present at the call to
order were Senators Huggins, Giessel, Gardner, Stevens.
SB 37-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
3:33:58 PM
VICE CHAIR HUGGINS announced the consideration of SB 37.
SENATOR GIESSEL moved to adopt the CS for SB 37, labeled 29-
LS0488\N, as the working document.
3:34:27 PM
SENATOR LESIL MCGUIRE, Alaska State Legislature, sponsor of SB
37, introduced her staff, Lauren Rasmussen.
SENATOR MCGUIRE related that SB 37 is known as the Alaska Safe
Children's Act and the main part of the bill is from what is
known as Erin's Law. She said that sexual assault victims
requested that the bill's name be changed to the Alaska Safe
Children's Act. She related that the root of the bill is to
institute a policy and a training program for teachers,
administrative staff, students, and parents on the topic of
sexual assault.
She pointed out that Alaska still leads the nation in numbers of
sexual assault on children in every age group, across both
genders, and in every economic level, in all parts of the state.
She related that the main point expressed by sexual assault
victims is that they were not able to tell anyone about the
assault or bad things would happen to their family. They said
they felt that if they had had a class in sexual abuse
prevention it would have helped them. She shared that the
experience was an isolating experience and knowing it had
happened to other people would have helped.
SENATOR MCGUIRE said the other part of the bill is from a
request of a mother of a girl who was killed by her boyfriend -
a victim of dating violence. The girl's mother, Ms. Moore, is on
line and will testify about her experience with dating violence,
stalking and harassment. The bill requires school districts to
implement age-appropriated training and curricula on teen
violence, stalking, and abuse. She shared that girls between the
ages of 16 and 24 are four times more likely than the general
population to be victims of partner violence. Only 33 percent of
those teens have ever told another person about their abuse.
3:42:43 PM
SENATOR MCGUIRE said the bill would require school districts to
implement age appropriate training on sexual abuse and sexual
assault K - 12. There is a provision in the bill that allows
parents to opt out of the training. The training is age
appropriate and is borne out of requests by abused young people
who felt that if they would have been told about some of the
tools they could have used, their lives would have been vastly
improved.
She said another section of the bill adds volunteer athletic
coaches to the existing mandatory reporting statute under AS
47.17.020(a). The bill would provide for four hours in a four
consecutive week period, or twenty hours in a one-month period,
of training for volunteer coaches. She shared that there were
examples of abuse situations that could have been stopped at an
earlier point had there been training available.
3:45:40 PM
SENATOR MCGUIRE noted there are some controversial aspects of
the bill. School districts are being asked to do more with
respect to children. She asked the committee to think about how
the bill's provisions can be gradually added to the districts,
whether as a voluntary policy now or included in existing
curriculum.
SENATOR MCGUIRE noted some additions to the bill. The bill
repeals a requirement that school districts pay for physical
examinations for teachers and repeals a requirement that
certificated preschool teachers are fingerprinted a second time.
It also repeals AS 14.30.070(a), which says that school
districts shall provide for and require a physical examination
of every child attending a school in the district. However, AS
14.30.070(b), which says the Department of Health and Social
Services (DHSS) may require school districts to conduct
additional examinations it considers necessary, remains in the
bill, but provides that DHSS will reimburse the districts for
those costs.
3:48:10 PM
CHAIR MCGUIRE concluded that Alaska Safe Children's Act will
empower children, parents, and teachers by providing a structure
for pulling the stories of abuse out of the shadows. She
recalled her work on this issue. The bill shows Alaskans that
the legislature is a leader in prevention. She hoped to see
Alaska go to last place for numbers of sexual assault. She used
an example of changing the culture surrounding drunk driving as
a comparison to changing the culture around sexual abuse. She
spoke of "soul death" when children are abused. She also
addressed the cost of abuse to the state.
She asked the committee to consider creative, alternative
solutions to financing this curriculum in schools.
3:52:17 PM
VICE CHAIR HUGGINS asked for questions.
SENATOR STEVENS questioned who would not want their child to
have this education or inquiries into personal family
information.
SENATOR MCGUIRE said she agreed with Senator Steven's concern,
but does not want to see the rights of parents eroded. She said
she has accepted it as a compromise in the bill. She hoped that
the level of awareness will rise and the societal norm will be
changed.
3:56:15 PM
SENATOR GARDNER gave an example of a student who was behaving
sexually inappropriately and the school called her parents
instead of reporting it. There is a concern about parent rights,
but also a concern about kids that most need the help.
She questioned adding volunteer coaches to the program. The
statutory requirement for training says to train employees in
the first six months of employment and coaches often do not
follow that schedule. She did not know if it was practical to
train volunteer coaches.
3:59:12 PM
SENATOR MCGUIRE said she has tried to make the training less
onerous. She commented on the appropriateness of the
requirements of volunteer coaches. She said she has been
compelled by testimony that said this training could help. In
this case, the devastation to children is so great that the
training is needed.
4:02:02 PM
LAUREN RASMUSSEN, Staff, Senator Lesil McGuire, Alaska State
Legislature, presented information related to SB 37. She assumed
the training was done within the first six months of employment.
She said she would check on it.
SENATOR GARDNER pointed out that the training for coaches
applies to those in a public or private school, or with teams
sponsored by the state, municipality or other local government
or a sports team that receives public funding. She said there
are also private sport clubs and those coaches would not be
covered by the bill. She said athletic teams share a lot and are
very close and the coach/team relationship might reveal
information.
4:04:23 PM
SENATOR MCGUIRE said the bill does include a broader definition
of volunteer coaches. She said it is a discussion for the
committee. She agreed with the description of a close coaching
relationship. She said it is a question, culturally, of how we
want to deal with this issue.
She said, as the bill is worded on page 3, she agreed a coach
might miss out on the training. She was open to suggestions.
SENATOR GARDNER related that she used to be a mandated reporter
and the training took much longer than an hour. She cautioned
not to make the training onerous.
SENATOR MCGUIRE agreed it was a fair point. A volunteer might
not want to go through the training. She said if there was no
training, a child might be missed. It is an additional burden on
schools and on society. She stressed that it is important to
proceed for the right reason and to save lives.
4:08:46 PM
SENATOR GIESSEL related that she has examined children who have
suffered this abuse. She said government can't protect everyone
from everything. She said parents are sometimes afraid of
reporting due to the ramifications that could happen to the
family. She stressed that she has sometimes been afraid of
reporting and that it is a huge responsibility to be a reporter.
She did not oppose teachers and coaches being trained because it
would prevent frivolous claims. She concluded it is a very
difficult issue.
SENATOR MCGUIRE thanked Senator Giessel. She reiterated that
even having a committee hearing is an improvement from the past.
She agreed it is a very serious issue.
MS. RASMUSSEN stated that the language that deals with Erin's
Law and dating violence has been clarified. It clarifies that
notices are sent to parents instead of student/parent/teacher
notifications. It replaces "employees" and clarifies that
training is required for mandated reporters; teachers,
administrators, and athletic coaches. It clarifies the frequency
of training.
4:13:41 PM
VICE CHAIR HUGGINS questioned how to address liability. He asked
about the backlog of rape kits. He wondered if date rape in
college should be included in the bill. He stressed the
importance of taking time on the bill.
VICE CHAIR HUGGINS told how he heard the story of Ms. Moore.
CINDY MOORE, representing herself, testified in favor of SB 37.
She thanked the sponsor of the bill for adding dating violence
education language to the bill. She noted that 21 states now
include this in their curriculum. She spoke of the cycle of
dating violence and the need to change the social norms
surrounding it. She described how dating violence has affected
her family when her daughter was killed by a boyfriend. She
questioned why her daughter did not seek help. She hoped that
with her story she could inspire leaders of the state to help.
4:19:38 PM
MS. MOORE shared dating violence statistics. She related that
Alaska is the most dangerous state in the country for women.
Alaska needs to educate youth about healthy relationships. She
said prevention holds the promise for improvement and dating
violence is a preventable epidemic.
4:22:53 PM
BUTCH MOORE, representing himself, testified in favor of SB 37.
He noted that his daughter's friends all knew about the abuse.
He suggested adding to the list, "knowing who to tell" as a
measure of stopping abuse. He hoped that the program would be
instituted in schools. He asked what the cost is to not have the
program. He thanked the committee for considering the bill and
adding dating violence.
VICE CHAIR HUGGINS noted the bill would be before the committee
again.
4:26:45 PM
DAVID HOLTHOUSE, representing himself, testified in favor of SB
37. He stressed the importance of including the curriculum in
schools. He shared a personal experience about others who
experienced abuse by the same person as he did. He suggested
removing another unfunded mandate and replacing it with this
one. He compared sexual abuse of children to murder.
4:30:49 PM
ROBERT BOYLE, Superintendent, Ketchikan School District,
testified against the mandated training required in SB 37. He
noted that public schools are the "go to agency" when it comes
to efficiency, quality, and creating massive changes in society.
It is unfair for districts to have to foot the cost for another
mandated training. He said including volunteer coaches protects
them legally as mandated reporters.
4:32:58 PM
KEVIN SHIPLEY, Superintendent, Kake City Schools, testified in
support of SB 37, but against the unfunded mandate. He shared
how the district works with other agencies to provide the
training on Domestic Violence. He said domestic and dating
violence should be high on the list and the state or other
agencies should bear the cost of funding it. He encouraged the
legislature to do it right.
4:35:05 PM
VICE CHAIR HUGGINS listed the number of people on line to answer
questions.
4:35:37 PM
LAURIE MORTEN, Executive Director, State Council on Domestic
Violence and Sexual Assault, testified on SB 37. She shared
information about various programs the Council provides on
preventing teen dating violence. She referred to a handout
called "Start the Conversation," which is for parents. She
discussed suggestions by teens on how to address prevention.
She said the Council did a three-year evaluation of the "Fourth
R," a healthy relationships curriculum, and found promising
practices proven to work in Alaska to reduce dating violence
among teens.
4:38:26 PM
LISA SKILES-PARADY, Executive Director, Alaska Superintendent
Association, testified against SB 37. She spoke of the stress on
teachers' instructional time and the unfunded mandates. She
noted a resolution by ASA opposing unfunded mandates.
VICE CHAIR HUGGINS closed public testimony, but noted it would
open again next Tuesday.
VICE CHAIR HUGGINS held SB 37 in committee.
SB 89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE
4:42:36 PM
VICE-CHAIR HUGGINS announced the consideration of SB 89.
SENATOR GIESSEL moved to adopt the CS for SB 89, labeled 29-
LS0735/P, as the working document.
VICE CHAIR HUGGINS objected for discussion.
4:43:16 PM
BETHANY MARKUM, Staff, Senator Mike Dunleavy, Alaska State
Legislature, presented SB 89 on behalf of the sponsor. She read
from the sponsor statement:
The purpose of SB 89 Parental Rights in Education, is
to codify in state statute the inherent rights of
parents to direct the upbringing and education of
their children. As parents are the ultimate authority
regarding their children, this bill requires local
school boards to adopt policies which promote the
involvement of parents.
A child's parents (be they biological or not) are, in
most cases, best suited to understand what is in their
child's best interest. It may seem unnecessary that
this would need to be re-stated in law. However, too
often we see parents pitted against government in
decisions regarding children's education and
upbringing. I am thus sponsoring this bill to re-
balance that relationship. I feel it essential to
ensure that our educational system acknowledges the
essential rights of parents, and that schools adopt
policies to encourage parental involvement.
These policies must accommodate the following:
Parents will be given the chance to review content of
any activity, class, performance standard, program, or
standards-based assessment or test required by the
department.
Parents can object to and withdraw children from any
standards-based assessment or test required by the
department, and the absence cannot be counted as
unlawful.
If parents have a concern about any activity, class,
performance standard, or program that covers human
reproduction or sexual matters, or which inquiries
into personal or private family affairs, they can
object and keep their child out of that particular
activity, and the absence cannot be counted as
unlawful.
Parents will be allowed to withdraw children for
religious holidays, and the absence cannot be counted
as unlawful.
Parents must provide written permission before
children may attend each human reproduction or sex
education instruction or presentation.
Existing law requires parents to provide written
permission before students take part in certain
questionnaires and surveys administered by schools.
This bill extends that requirement to all
questionnaires and surveys administered by schools.
As the stewards of their children, parents must be
guaranteed the right to make the decisions they feel
are best for their children's education. I request
your support for SB 89.
She described changes in the bill found in Section 1:
Modifies language to use existing statute language for
"tests and assessments".
Removes references to Health education.
Adds language to allow objection and withdrawal due to
concern regarding "inquiries into personal and private
family matters".
Adds language to clarify the timeframe within which
permission must be obtained.
Adds language to require separate permission or
objection for each event.
4:46:42 PM
VICE CHAIR HUGGINS noted parents have rights and legislators
need to be sensitive to that. He shared a personal story about
taking his own kids out of school for Veterans Day events.
MS. MARKUM said the sponsor has strong feelings about the bill
and parents' rights, as does she.
VICE CHAIR HUGGINS shared his support for the bill.
MS. MARKUM thought parents should be reminded of their rights.
4:50:07 PM
SENATOR GIESSEL shared a personal story about parents attending
classes with their children as an important strategy.
SENATOR GARDNER recalled the testimony on child abuse and who
the children talked to about it. She questioned how teachers and
parents can gather vital information about abuse without being
able to get that information anonymously. She questioned the
need to get permission every time.
MS. MARKUM said it is a concern, but parents should make the
choice of who best to reveal that information to. She did not
think the data would be invalidated by parents who chose not to
participate.
VICE CHAIR HUGGINS shared a story of people not wanting to get
involved with abuse. He spoke of the duty to not rat on peers.
4:54:40 PM
At ease
4:54:59 PM
VICE CHAIR HUGGINS withdrew his objection to adopting version P.
There being no further objection, version P was adopted.
SCOTT MACMANNUS, Assistant Superintendent, Gateway School
District, testified against the requirement in SB 89 to get
permission from parents, in terms of time and money. Parents are
always allowed to participate in the content of the curriculum
and can exclude their children if they wish. He suggested there
needs to be a balance struck.
[VICE CHAIR HUGGINS held SB 89 in committee.]
4:57:02 PM
There being nothing further to come before the committee, Vice
Chair Huggins adjourned the Senate Education Standing Committee
at 4:57 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1. SB 37 Legislation.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 2. SB 37 Fiscal Note.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 3. CS for SB 37 - Legislation.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 4. CS for SB 37 Sponsor Statement.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 5. CS for SB 37 - Explanation of Changes.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 10. CS for SB 37 - Sectional Analysis.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 7. CS for SB 37 - David Holthouse Article.pdf |
SEDC 4/2/2015 3:30:00 PM |
SB 37 |
| 8. CS for SB 37 - Cindy Moore Teen Dating Violence Letter.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 12. CS for SB 37 - Nebraska Lindsay Ann Burke Act.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 13. CS for SB 37 - ANDVSA Letter of Support.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| SB 89 Legislation.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Legislation.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Sponsor Statement.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Explanation of Changes.pdf |
SEDC 4/2/2015 3:30:00 PM |
SB 89 |
| SB 89 Fiscal Note.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| SB 89 Emails of Support.pdf |
SEDC 4/2/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |