03/03/2022 10:00 AM Senate EDUCATION
| Audio | Topic | 
|---|---|
| Start | |
| SB140 | |
| Adjourn | 
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 34 | TELECONFERENCED | |
| *+ | SB 140 | TELECONFERENCED | |
| + | TELECONFERENCED | 
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         March 3, 2022                                                                                          
                           10:03 a.m.                                                                                           
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Roger Holland, Chair                                                                                                    
Senator Shelley Hughes                                                                                                          
Senator Tom Begich                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Gary Stevens, Vice Chair                                                                                                
Senator Peter Micciche                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act providing for the establishment of public schools                                                                       
through state-tribal compacts."                                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 140                                                                                                             
"An Act relating to school athletics, recreation, athletic                                                                      
teams, and sports."                                                                                                             
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  34                                                                                                                  
SHORT TITLE: STATE-TRIBAL EDUCATION COMPACT SCHOOLS                                                                             
SPONSOR(s): SENATOR(s) STEVENS                                                                                                  
                                                                                                                                
01/25/21       (S)       PREFILE RELEASED 1/8/21                                                                                
01/25/21       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/25/21       (S)       EDC, JUD                                                                                               
04/21/21       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                           
04/21/21       (S)       Heard & Held                                                                                           
04/21/21       (S)       MINUTE(EDC)                                                                                            
04/23/21       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                           
04/23/21       (S)       <Bill Hearing Canceled>                                                                                
04/28/21       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                           
04/28/21       (S)       Heard & Held                                                                                           
 04/28/21       (S)       MINUTE(EDC)                                                                                           
 02/11/22       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                          
 02/11/22       (S)       Heard & Held                                                                                          
 02/11/22       (S)       MINUTE(EDC)                                                                                           
 02/16/22       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                          
 02/16/22       (S)       Heard & Held                                                                                          
 02/16/22       (S)       MINUTE(EDC)                                                                                           
 02/23/22       (S)       EDC AT 9:00 AM BUTROVICH 205                                                                          
 02/23/22       (S)       Heard & Held                                                                                          
 02/23/22       (S)       MINUTE(EDC)                                                                                           
 03/03/22       (S)       EDC AT 10:00 AM BUTROVICH 205                                                                         
                                                                                                                                
 BILL: SB 140                                                                                                                 
 SHORT TITLE: DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS                                                                         
 SPONSOR(s): SENATOR(s) HUGHES                                                                                                  
                                                                                                                                
 05/12/21       (S)       READ THE FIRST TIME - REFERRALS                                                                       
 05/12/21       (S)       EDC                                                                                                   
 03/03/22       (S)       EDC AT 10:00 AM BUTROVICH 205                                                                         
                                                                                                                                
 WITNESS REGISTER                                                                                                             
                                                                                                                                
 JULIE KITKA, President                                                                                                         
 Alaska Federation of Natives                                                                                                   
 Anchorage, Alaska                                                                                                              
 POSITION STATEMENT: Answered questions on SB 34.                                                                             
                                                                                                                                
 JOEL ISSAK, Project Coordinator                                                                                                
 Department of Education and Early Development (DEED)                                                                           
 Kenai, Alaska                                                                                                                  
 POSITION STATEMENT: Answered question on SB 34.                                                                              
                                                                                                                                
 DANIEL PHELPS, Staff                                                                                                           
 Senator Shelley Hughes                                                                                                         
 Alaska State Legislature                                                                                                       
 Juneau, Alaska                                                                                                                 
 POSITION STATEMENT: Provided a Sectional Analysis and assisted                                                               
 in presenting SB 140.                                                                                                          
                                                                                                                                
 CYNTHIA MONTELEONE, Team USA Track Athlete                                                                                     
 Hawaii                                                                                                                         
 POSITION STATEMENT: Invited testimony on SB 140.                                                                             
                                                                                                                                
 ALARY WOODS, representing self                                                                                                 
 Lexington, Kentucky                                                                                                            
 POSITION STATEMENT: Invited testimony on SB 140.                                                                             
                                                                                                                                
TANNER HART, representing self                                                                                                  
Illinois                                                                                                                        
POSITION STATEMENT: Invited testimony on SB 140.                                                                              
                                                                                                                                
LARRY WHITMORE, Retired Alaska Athlete Official                                                                                 
Hawaii                                                                                                                          
POSITION STATEMENT: Invited testimony for SB 140.                                                                             
                                                                                                                                
REPRESENTATIVE BARBARA EHARDT                                                                                                   
Idaho State Legislature                                                                                                         
Idaho Falls, Idaho                                                                                                              
POSITION STATEMENT: Invited testimony on SB 140.                                                                              
                                                                                                                                
MATT SHARP, Senior Counsel                                                                                                      
Alliance Defending Freedom                                                                                                      
Atlanta, Georgia                                                                                                                
POSITION STATEMENT: Invited testimony on SB 140.                                                                              
                                                                                                                                
JENNIFER BRACERAS, Director                                                                                                     
Independent Women's Law Center                                                                                                  
Boston, Massachusetts                                                                                                           
POSITION STATEMENT: Invited testimony on SB 140.                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR HOLLAND announced  the consideration of SENATE  BILL NO. 34                                                               
"An  Act  providing  for  the  establishment  of  public  schools                                                               
through state-tribal compacts."                                                                                                 
                                                                                                                                
Chair Holland shared an insight from  a meeting with staff at the                                                               
Bureau of Indian  Education. In the lower 48  states, tribes have                                                               
schools on  sovereign land outside  the public  education system;                                                               
they have autonomy  but lack funding. The  situation is different                                                               
in  Alaska; rural  schools have  funding but  lack autonomy.  For                                                               
Alaska, tribal  compacting is more about  self-determination than                                                               
increased funding.                                                                                                              
                                                                                                                                
10:05:08 AM                                                                                                                   
SENATOR  BEGICH said  that an  item  of discussion  had been  the                                                               
ability to  blend Bureau of  Indian Education (BIE)  funding with                                                               
state  funding.  The  idea  of  a state  statute,  similar  to  a                                                               
charter, was  mentioned in a  previous meeting. He asked  if this                                                               
idea would hamper the ability to blend funds.                                                                                   
                                                                                                                                
10:06:07 AM                                                                                                                   
At ease.                                                                                                                        
                                                                                                                                
 10:07:07 AM                                                                                                                  
 CHAIR HOLLAND reconvened the meeting.                                                                                          
                                                                                                                                
 10:07:39 AM                                                                                                                  
 JULIE KITKA, President, Alaska Federation of Natives,  Anchorage,                                                              
 Alaska, replied that the issue  of funding is not timely for  two                                                              
 reasons. A  letter was  sent to  the Solicitor  of the  Interior,                                                              
 Robert Anderson, asking  for clarification  on the Department  of                                                              
 Interior's ability to use its funding mechanisms  for compacting.                                                              
 The issue  was  also brought  up  at  the Senate  Indian  Affairs                                                              
 Committee  field  hearing,  chaired   by  Senator  Murkowski   in                                                              
 Anchorage. She stated  that the issue  of involvement would  come                                                              
 into play once  a legal  opinion is received.  She cautioned  the                                                              
 committee against  inadvertently believing  the desired  goal  of                                                              
 compacting is to go backward and create Bureau of  Indian Affairs                                                              
 schools. The  goal is to  move forward  with a  hybrid that  will                                                              
 transform  education based  on  the  needs  of  the  people.  She                                                              
 further  stated  that  testimony  had  been  given  to   end  the                                                              
 prohibition on appropriations to Alaskan Natives. It is  not fair                                                              
 for them  to be  excluded from  the funding  stream when  massive                                                              
 federal resources are distributed  throughout the country to  all                                                              
 parts of government. She clarified that tribal compacting  is not                                                              
 looking  to take  money  from  other  schools  to  establish  BIA                                                              
 schools. Funding would be  sought from the federal Department  of                                                              
 Interior and the Department of Education.                                                                                      
                                                                                                                                
 10:10:28 AM                                                                                                                  
 SENATOR BEGICH  stated  he has  no  interest  in the  failed  BIA                                                              
 system. He said his question  about the co-mingling of funds  was                                                              
 to have answers before pursuing pathways that might lead  to dead                                                              
 ends, which would mean starting  over. He said he was curious  if                                                              
 the  question had  been  asked  and  respected  waiting  for  the                                                              
 answer. However, he is  concerned about starting over because  it                                                              
 would slow  down tribal  compacting. He  stated  his belief  that                                                              
 compacting is the answer and finding the path is the key.                                                                      
                                                                                                                                
 10:12:01 AM                                                                                                                  
 MS. KITKA  said the  hybrid idea  involves a  broader search  for                                                              
 federal resources. For  instance, an  additional source might  be                                                              
 the  National  Institute  of   Health  because  it  is  a   whole                                                              
 government approach.  It is  a minor  distinction, but  education                                                              
 tribal compacting does not  look to rearrange funding within  the                                                              
 Department  of  Interior.  It  would  use  compacting  mechanisms                                                              
 already  established within  the  department  as  a  vehicle  for                                                              
 funding. Ideally, Alaska Native tribes would have  direct federal                                                              
 authority to  compact  with the  Department  of Education  for  a                                                              
 demonstration project.  However,  until authorization  is  given,                                                              
the Department of  Interior is being asked to  use its authority.                                                               
She offered  to give the committee  a copy of the  letter sent to                                                               
the Solicitor.                                                                                                                  
                                                                                                                                
MS. KITKA noted  that when the last BIA  schools were transferred                                                               
to the state  Prudhoe Bay was producing a  considerable amount of                                                               
revenue, the Permanent Fund  was experiencing significant growth,                                                               
and  the State  of Alaska's  congressional delegation  was having                                                               
difficulty  protecting  incoming   resources  since  the  state's                                                               
budget  was exploding.  When the  federal government  transferred                                                               
the  railroad to  the  state, it  also  transferred the  schools.                                                               
Although there  was wealth in  Alaska, there were other  areas in                                                               
the country with  equities. For example, California  is the fifth                                                               
or  sixth largest  economy in  the  world and  other states  have                                                               
incredible  wealth  from  gaming.  She  stated  her  belief  that                                                               
blocking  Alaska from  receiving other  resources because  of the                                                               
Permanent Fund needs to end.                                                                                                    
                                                                                                                                
10:14:31 AM                                                                                                                   
JOEL  ISSAK, Project  Coordinator,  Department  of Education  and                                                               
Early  Development (DEED),  Kenai, Alaska,  said that  setting up                                                               
State  Tribal   Education  Compact   Schools  (STECs)   as  local                                                               
education  agencies aligns  with  the federal  title funds.  This                                                               
would  make STECs  the  same  type of  entity  that is  currently                                                               
funded. Being  the same  kind of  entity allows  the funds  to be                                                               
received. If a STEC were to  accept Title I funds, it must follow                                                               
all federal guidelines. A lot  of federal education title funding                                                               
is not mandatory.  However, if funds are  taken, the accompanying                                                               
obligations must be  met. Title wise this is  the thinking behind                                                               
what  districts  receive.  The  language   is  set  up  to  allow                                                               
districts to  receive funds because  it follows  federal registry                                                               
language.                                                                                                                       
                                                                                                                                
Another  area of  funding that  STECs  might bring  to Alaska  is                                                               
national  competitive  grants   that  have  federally  registered                                                               
guidelines. Only local educational  agencies serving tribal youth                                                               
are eligible for  these funds. The funds assist  with such things                                                               
as buildings,  equipment, and  operations. Alaska  cannot receive                                                               
the  funds like  BIA, and  other public  schools since  tribes in                                                               
Alaska do  not have  control over  any schools.  However, federal                                                               
registry guidelines also allow grants  specifically for tribes to                                                               
build  their  capacity  to   become  tribal  education  agencies.                                                               
Alaskan tribes  would be eligible  for these funds. Once  a tribe                                                               
became  a local  education  agency  with a  status  similar to  a                                                               
district,  it would  become eligible  for  the local  educational                                                               
agency funds. The federal registry  guidelines for the Department                                                               
of Education,  BIE, and BIA  all use different  definitions. This                                                               
 illustrates  the  importance   of  investigating  how   different                                                              
 pathways play  out  because  definitions make  certain  kinds  of                                                              
 funding  ineligible.  He  stated  that  the  information  he  has                                                              
 provided is the practical  side of the federal registry  language                                                              
 that he deals with regularly.                                                                                                  
                                                                                                                                
 10:17:40 AM                                                                                                                  
 CHAIR HOLLAND asked  if  building  referred  to brick and  mortar                                                              
 or programs.                                                                                                                   
                                                                                                                                
 MR.  ISAAK replied  that  some  grants  allow  for  non-permanent                                                              
 building construction, such as  remodeling an existing  facility,                                                              
 which may include brick and  mortar interior. There is brick  and                                                              
 mortar interior and  exterior and  then objects like  technology,                                                              
 and curriculum with separate funding streams.                                                                                  
                                                                                                                                
 10:18:34 AM                                                                                                                  
 SENATOR BEGICH stated  that the definition  section of the  final                                                              
 bill would  need to  be very  clear because  of the  complexities                                                              
 described.                                                                                                                     
                                                                                                                                
 10:19:23 AM                                                                                                                  
 CHAIR HOLLAND  asked  Mr.  Isaak  to share  his  insight  on  the                                                              
 difference between charter schools and regular schools.                                                                        
                                                                                                                                
 MR.  ISAAK  replied  that  there  are  two  pieces  to  the  term                                                              
 chartering. Charting  involves a  funding mechanism,  which is  a                                                              
 contract, and  a  statement of  objectives.  He stated  that  the                                                              
 history of  education contracting  in Alaska  was  very dark.  It                                                              
 started over 140  years ago with  Indian Education Agents  having                                                              
 federally paid  contracts  to capture  Native children  and  take                                                              
 them  to  boarding  schools.  Children  were  ripped  from  their                                                              
 parent's arms, handcuffed, and  thrown in the back of  airplanes.                                                              
 There were two  ways for students to  be disenrolled. They  could                                                              
 be hidden upon returning home for a visit, or they  could escape.                                                              
 He recounted grandparents hiding with their grandchildren  in the                                                              
 woods, communities  raising  money  to bring  back  the  neediest                                                              
 child and  homes being  spied  on, so  children could  not  learn                                                              
 their Native language. Archived documents tell of  children dying                                                              
 from exposure  while  trying to  escape. Contracting  was  deemed                                                              
 unconstitutional five years  after it began.  When Native  people                                                              
 hear the  word contract  it  is associated  with the  torture  of                                                              
 children.                                                                                                                      
                                                                                                                                
 10:23:23 AM                                                                                                                  
 CHAIR HOLLAND stated that  money paid to federal contractors  for                                                              
 removing children from their homes was a bounty.                                                                               
                                                                                                                                
MR. ISAAK  responded that contracting  carries a  strong negative                                                               
connotation   for  Native   tribes.  It   is  indisputable   that                                                               
contracting  was terrible.  In 1995,  post-BIA boarding  schools,                                                               
Alaska  statutes  were updated  to  include  charter school  law,                                                               
providing a  dual application process.  A charter is formed  by a                                                               
community of people who outline  the type of school desired. Some                                                               
latitude  is given  in hiring,  and more  is given  in curriculum                                                               
choice. The charter  must be approved by a  local school district                                                               
and  reviewed  by  the  Department   of  Education  before  being                                                               
considered  by  the  State  Board   of  Education  for  approval.                                                               
Therefore, a charter school is  a contractual relationship with a                                                               
school district.                                                                                                                
                                                                                                                                
10:25:07 AM                                                                                                                   
CHAIR  HOLLAND asked  if there  is a  negative stigma  associated                                                               
with charter schools because of the word contracting.                                                                           
                                                                                                                                
MR.  ISAAK replied  that during  meetings  on Alaska's  Education                                                               
Challenge, discussions came up on  why charters have not been the                                                               
mechanism  to   revive  Native  language  and   culture.  It  was                                                               
determined  that tribes  would not  actually operate  the charter                                                               
schools.  An entity  wanting to  teach through  its culture  must                                                               
translate the concepts linguistically  to the local school board,                                                               
then DEED,  and finally  to the State  Board of  Education. While                                                               
there are  successful charter schools  that implement  aspects of                                                               
Native  culture  and language  into  the  curriculum, the  three-                                                               
tiered  system makes  chartering  a  time-consuming process  that                                                               
does not meet the statewide  need for transformational education.                                                               
Chartering has been a mechanism for  over 25 years. Still, it has                                                               
not  revitalized  Native languages  and  cultures  because it  is                                                               
restrictive   and   restricted.   Compacting  allows   for   more                                                               
flexibility  in curriculum  development while  still adhering  to                                                               
state laws.  Like chartering, compacting also  provides a funding                                                               
mechanism.  Previously,  Ms.  Kitka talked  about  Indian  Health                                                               
Services  (IHS) and  the  transformational  change that  occurred                                                               
when it switched  from being a contracted service  to a compacted                                                               
service.  Compacting  is the  proven  mechanism  for funding  and                                                               
delivering education services.                                                                                                  
                                                                                                                                
10:29:12 AM                                                                                                                   
SENATOR HUGHES recalled  from a previous meeting  that DEED could                                                               
find itself working  with over 200 tribal compacts.  She asked if                                                               
it would  be possible  for compacting to  be less  cumbersome for                                                               
DEED.                                                                                                                           
                                                                                                                                
 MS.  KITKA  replied  that  the  demonstrated  project   would  be                                                              
 limited, and  various organizations  would evaluate  its  success                                                              
 and determine its  continuance in  its first year.  It would  not                                                              
 expand overnight.  The idea behind  a demonstration  would be  to                                                              
 meet the challenges  students face today  by looking forward  and                                                              
 using innovation, the infusion  of broadband, and empowerment  to                                                              
 make  positive   transformational   change.   Senator   Murkowski                                                              
 acknowledged that her line of  questioning in the past only  tore                                                              
 down the idea  instead of looking  for the  good that could  come                                                              
 from it.  She  said the  committee  should  ask whether  it  will                                                              
 support  the  State  Board  of  Education  and   Commissioner  of                                                              
 Education  in giving  accountability  to  the  tribes  through  a                                                              
 government-to-government relationship  with  the  state.  Such  a                                                              
 relationship would allow negotiations on a demonstration  project                                                              
 and  the  possibility  of   additional  federal  resources.   She                                                              
 suggested asking  whether the demonstration  project could  prove                                                              
 valuable  and  perhaps  lead  to  expansion.  She  affirmed  that                                                              
 chartering is not the  pathway to transformational education  for                                                              
 Native Alaskans. She asked  for educational tribal compacting  to                                                              
 be given a chance.                                                                                                             
                                                                                                                                
 10:32:53 AM                                                                                                                  
 SENATOR  HUGHES  said  she  is  open  to  tribal  compacting  and                                                              
 understands that the demonstration project would be  limited. She                                                              
 expressed a desire for the  project's success and asked DEED  how                                                              
 it would handle the increase in school districts.                                                                              
                                                                                                                                
 10:33:37 AM                                                                                                                  
 MR.  ISAAK  replied   that  the   amount  of  material   capital,                                                              
 resources, and people  to do  the work are  limiting factors  for                                                              
 Alaskan tribes. One compacted school in Washington was not  a BIA                                                              
 school at its onset, and  DEED staff have studied its model.  The                                                              
 school already had infrastructure and personnel. Starting  even a                                                              
 small school is a considerable  endeavor. It can be done  because                                                              
 tribes are doing it, and other tribes are  positioning themselves                                                              
 for it. Compacted schools need a governance structure.  Some have                                                              
 education committees,  while  others  use  tribal  councils.  The                                                              
 governing structure is identified in  the bylaws. It is a lot  of                                                              
 work and there  are risks. Although  many tribes are  supportive,                                                              
 there are some  with a "let's  wait and  see" mentality. A  tribe                                                              
 could  invest   in   compacting,  and   the  program   could   be                                                              
 discontinued.  A  tribe  must  trust  that  the  government  will                                                              
 continue to  support compacting if  it is  successful. So,  while                                                              
 some tribes are gung-ho, others will watch as it plays out.                                                                    
                                                                                                                                
 MR. ISAAK  said that  regarding capacity,  using  the term  local                                                              
 education  agencies  for  compact  schools  would  benefit   DEED                                                              
because  the  mechanisms  to communicate  with  school  districts                                                               
would be  in place.  For example,  a line  item for  the school's                                                               
budget  would  be created  in  DEED's  accounting system.  A  new                                                               
position  or system  for reporting  would  not need  to be  made.                                                               
Internally,  DEED  staff have  been  discussing  what the  impact                                                               
would look  like, and so far,  feedback from staff has  been that                                                               
it is doable.                                                                                                                   
                                                                                                                                
MR.  ISAAK  stated that  DEED  has  learned from  charter  school                                                               
applications that  not all applications  are approved  because it                                                               
takes time  to build a solid  plan. The commissioner will  have a                                                               
year  to  develop  the application,  negotiations,  and  approval                                                               
processes. A powerful element of  compacting is that a successful                                                               
application  is built  on cooperation  and communication  between                                                               
the tribe  and the state. This  process will limit the  number of                                                               
schools approved in  a year because not all tribes  will have all                                                               
the pieces  in place before  the start of  a school year.  He has                                                               
spoken with  ten tribes that  are eager to participate  in tribal                                                               
compacting. He  advised them to  prepare themselves in  every way                                                               
possible so  that when legislation  passes, they will be  able to                                                               
start. They have  begun by sending students to  college to become                                                               
teachers,  acquiring  buildings,  working on  certification,  and                                                               
other  legwork  required  to  become  a  compact  school.  Tribal                                                               
leadership  has expressed  not  wanting to  limit  the number  of                                                               
compact schools  because it would  create competition  instead of                                                               
collaboration. If compacting  is successful, it would  be good to                                                               
involve  as many  schools as  possible. Compacting  is a  dynamic                                                               
relationship that DEED is responsive to and is within its scope.                                                                
                                                                                                                                
10:39:11 AM                                                                                                                   
SENATOR BEGICH stated that he  did not realize chartering was not                                                               
desired  based  on  what  he  heard  in  the  previous  committee                                                               
meeting. He  said he was  a little  put out and  disarmed because                                                               
chartering  would be  a more  straightforward route  to resolving                                                               
issues  and providing  protections. He  understands the  negative                                                               
connotation of  contracting and  is willing to  move on  to other                                                               
dialogues. However, he is disturbed  by what he has heard because                                                               
school  boards,   assemblies,  and  the  state   provide  elected                                                               
representation to uphold  laws. He opined that if  the state laws                                                               
apply in  this process, the  legislature has a  responsibility to                                                               
know the  project's scope. He  opined that the  scope description                                                               
entailed  being open  and adding  more schools  depending on  the                                                               
number of applications submitted, which is not a scope.                                                                         
                                                                                                                                
SENATOR BEGICH said  it was also mentioned that  compacting was a                                                               
proven  mechanism  for  education.  He asked  if  data  would  be                                                               
provided  to show  that it  does what  it is  intended to  do. He                                                               
 agreed that the state should  experiment and move forward with  a                                                              
 demonstration project,  but the  scope needs  to  be precise.  He                                                              
 asked Mr.  Isaak  and Ms.  Kitka  to share  the  scope as  it  is                                                              
 perceived  and  then   provide  evidence   that  the   compacting                                                              
 mechanisms improve  lives.    Without a  clear  understanding  of                                                              
 these  two elements,  he  would  not  be  comfortable  abrogating                                                              
 responsibility. He  opined that the  demonstration project  would                                                              
 take more  than  a year  to prove  successful  and hoped  to  see                                                              
 outcomes that enable children  to live successfully in  whichever                                                              
 community they choose.                                                                                                         
                                                                                                                                
 10:42:53 AM                                                                                                                  
 MR. ISAAK  replied that  compacting government  to government  is                                                              
 different from other educational models, though success  has been                                                              
 seen  in Washington.  There  need  to  be  gauges  for  measuring                                                              
 success in  thinking about the  scope and  how students  benefit.                                                              
 Gauges  for  success  could  be  indicators  such   as  increased                                                              
 graduation rates or class attendance. Data from STEC  programs in                                                              
 Washington show  that  all  graduation rates  increased,  as  did                                                              
 attendance. These  are among  the most  important indicators  for                                                              
 measuring student  learning  success.  Feedback  from  struggling                                                              
 school districts says  that kids  are not in  the classroom.  The                                                              
 mechanism of compacting has shown increased attendance,  which is                                                              
 a critical first step. There are two parts to  assessing students                                                              
 in  the demonstration  project.  One  part  would  be  using  the                                                              
 assessments required  by the state  for all  schools. The  second                                                              
 would be an assessment of success as defined and negotiated  by a                                                              
 tribe.                                                                                                                         
                                                                                                                                
 This assessment could be different for each school. He  shared an                                                              
 example  of   education  success  from   the  Dena'ina   people's                                                              
 education model. It  included: being  prepared for the  realities                                                              
 of today's  world,  gaining  the  ability to  focus  one's  mind,                                                              
 learning  to  help  others,   encouraging  family  members,   and                                                              
 comparing all living things and  showing how they grow. A  tribal                                                              
 assessment allows the tribes  to customize what success means  in                                                              
 tandem with state assessments.                                                                                                 
                                                                                                                                
 SENATOR BEGICH commented that the reply was reassuring.                                                                        
                                                                                                                                
 10:47:00 AM                                                                                                                  
 MS. KITKA  stated that  the Alaska  Federation  of Natives  (AFN)                                                              
 would be  comfortable  with  a  limit of  ten  tribal  compacting                                                              
 applications in the first  year. However, during that time,  DEED                                                              
 should maintain readiness to proceed with compacting.  She stated                                                              
 she could envision  the commissioner  returning to the  Education                                                              
Committee and reporting  how excited DEED is to  have another ten                                                               
schools ready to compact.                                                                                                       
                                                                                                                                
CHAIR  HOLLAND   stated  he  appreciates  the   clarification  on                                                               
compacting versus  chartering and  the determination by  DEED and                                                               
the AFN  that compacting is  the better fit  for transformational                                                               
education.                                                                                                                      
                                                                                                                                
10:48:40 AM                                                                                                                   
CHAIR HOLLAND held SB 34 in committee.                                                                                          
                                                                                                                                
        SB 140-DESIGNATE SEX FOR SCHOOL-SPONSORED SPORTS                                                                    
                                                                                                                                
10:48:47 AM                                                                                                                   
CHAIR HOLLAND announced the consideration  of SENATE BILL NO. 140                                                               
"An  Act  relating  to  school  athletics,  recreation,  athletic                                                               
teams, and sports."                                                                                                             
                                                                                                                                
10:49:39 AM                                                                                                                   
SENATOR  HUGHES speaking  as  the  sponsor of  SB  140, read  her                                                               
opening statement:                                                                                                              
                                                                                                                                
     Fifty  years ago,  women's sports  changed forever.  In                                                                    
     1972,  slightly over  300,000  women  and girls  played                                                                    
     college and  high school sports  in the  United States.                                                                    
     As of  2022, the  number of female  athletes in  the US                                                                    
     has  increased by  over 900  percent to  more than  3.5                                                                    
     million  women  and girls,  thanks  to  the passage  of                                                                    
     Title IX  and the  end of discrimination  against girls                                                                    
     and  women  in  sports.  When  I  was  a  child  and  a                                                                    
     teenager, I  loved basketball, and  I shot hoops  in my                                                                    
     driveway a  lot, but there  was no option for  a female                                                                    
     to  play  at  school.  The  only option  was  to  be  a                                                                    
     cheerleader and  root for the boy's  team. Fortunately,                                                                    
     my  daughter had  options due  to Title  IX and  played                                                                    
     varsity girls' basketball in high school.                                                                                  
                                                                                                                                
     But  this  year,  as  we   celebrate  Title  IX's  50th                                                                    
     anniversary, women and girls  stand, once more, at risk                                                                    
     of  being  discriminated  against, of  losing  an  even                                                                    
     playing field  in sports.  An ever-increasing  trend of                                                                    
     male-bodied  athletes   in  women's   sports  threatens                                                                    
     competition and  fairness. Girls  and women  should not                                                                    
     be robbed of  the chance to be selected for  a team, to                                                                    
     win  a  championship,  or  to   be  awarded  a  college                                                                    
      scholarship due  to  the  physical advantage  of  male-                                                                   
      bodied athletes.                                                                                                          
                                                                                                                                
      Title IX  promises,  "No person  in the  United  States                                                                   
      shall,  on  the   basis  of   sex,  be  excluded   from                                                                   
      participation, or  be  denied the  benefits of,  or  be                                                                   
      subjected  to   discrimination  under   any   education                                                                   
      program  or   activity  receiving   federal   financial                                                                   
      assistance." SB 140 seeks to ensure we don't  revert to                                                                   
      discriminating against  girls  and  women, as  was  the                                                                   
      case pre- 1970s.                                                                                                          
                                                                                                                                
      Now, for  those of  you who  think this  bill is  about                                                                   
      discriminating against those who  identify as a  gender                                                                   
      different from  their biological  sex at  birth, it  is                                                                   
      not. I want to put on the record that I love  and value                                                                   
      every person,  including  these individuals.  They  are                                                                   
      precious and  should  have access  to an  even  playing                                                                   
      field as  well  and  opportunities  to  participate  in                                                                   
      athletics. I  am  not  transphobic  and  believe  every                                                                   
      person deserves  an even  playing field.  This bill  is                                                                   
      not about blocking anyone from athletic  opportunities,                                                                   
      that would be in violation  of Title IX. This is  about                                                                   
      ensuring Title IX is upheld.                                                                                              
                                                                                                                                
 10:53:00 AM                                                                                                                  
 SENATOR HUGHES continued reading.                                                                                              
                                                                                                                                
        Thanks  to  Title  IX,  transgender  athletes  are                                                                      
        protected   from  discrimination  in   sports  and                                                                      
        promised equal access  to athletic programs. Their                                                                      
        inclusion in sports  absolutely must be protected,                                                                      
        but   it   must   not   come   at  the   cost   of                                                                      
        discrimination against women.                                                                                           
                                                                                                                                
        The  goal of  SB 140  is to  ensure discrimination                                                                      
        against girls and  women does not occur. That they                                                                      
        are  treated   fairly  and  not   disadvantage  in                                                                      
        athletic   programs    compared   to   male-bodied                                                                      
        athletes whether they  identify as male or female.                                                                      
        Undeniable   evidence   and  scientific   research                                                                      
        concluded  that the  average biological  male body                                                                      
        is stronger,  larger, and faster  than the average                                                                      
        female   body  even   after   multiple  years   of                                                                      
        testosterone suppression treatment.                                                                                     
                                                                                                                                
        We see the  imbalance, the  male body  advantages,                                                                      
        particularly  in   high  school   athletics.   For                                                                      
        example, many  male high  school track  and  field                                                                      
        athletes consistently beat the  times of the best                                                                       
        female Olympians, who've  trained intensively  for                                                                      
        years. Male-bodied  athletes  have  a  substantial                                                                      
        advantage  over   female   athletes   in   sports,                                                                      
        regardless of  the  beliefs that  the  male-bodied                                                                      
        athlete may hold about  their sexuality or gender                                                                       
        identity  and  regardless  of  multiple  years  of                                                                      
        testosterone suppression therapy.                                                                                       
                                                                                                                                
        As many of you are  aware, this topic has come  to                                                                      
        the forefront of public  debate online and in  the                                                                      
        news  lately.  Transwomen  are  dominating  in   a                                                                      
        variety of women's sports, both at the  collegiate                                                                      
        and high school levels. To that end, I would  like                                                                      
        to read a section of a letter written by 16  UPenn                                                                      
        Swim Team  Members regarding  their teammate,  Lia                                                                      
        Thomas, a male-bodied athlete who identifies as  a                                                                      
        female:                                                                                                                 
                                                                                                                                
          We fully  support Lea Thomas in  her decision                                                                         
          to   affirm  her   gender  identity   and  to                                                                         
          transition from  a man to  a woman.  Leah has                                                                         
          every right to live her life authentically.                                                                           
                                                                                                                                
          However,  we  also  recognize  that  when  it                                                                         
          comes   to  sports   competition,  that   the                                                                         
          biology  of  sex  is a  separate  issue  from                                                                         
          someone's gender  identity. Biologically, Lia                                                                         
          holds  an unfair  advantage over  competition                                                                         
          in the women's category,  as evidenced by her                                                                         
          rankings that  have bounced  from 462nd  as a                                                                         
          male  competitor to  number one  as a  female                                                                         
          competitor.  Leah's   inclusion  with  unfair                                                                         
          biological advantage means  that we have lost                                                                         
          competitive  opportunities. Some  of us  have                                                                         
          lost records.                                                                                                         
                                                                                                                                
10:55:36 AM                                                                                                                   
SENATOR HUGHES continued reading:                                                                                               
                                                                                                                                
     This is  the concerns addressed  by SB 140. Only  18 of                                                                    
     the 40  members of the  U Penn  team will be  chosen to                                                                    
     compete  at the  Ivy  Championships. If  Lea Thomas  is                                                                    
     selected,   a   biological   female   will   lose   her                                                                    
      opportunity to  compete without an  option for  another                                                                   
      category in which they could hope to qualify.  Again, I                                                                   
      emphasize that  Lea  Thomas  and other  trans  athletes                                                                   
      deserve the  opportunity  to  compete and  win  fairly.                                                                   
      However, it  must not  come at  the  cost of  excluding                                                                   
      otherwise qualifying biological  females from the  only                                                                   
      category of sports in which they can hope to succeed.                                                                     
                                                                                                                                
 10:56:19 AM                                                                                                                  
 SENATOR HUGHES continued reading:                                                                                              
                                                                                                                                
      I'd like to take a moment to point out one  familiar to                                                                   
      us  in   this  imbalance   of  the   male  and   female                                                                   
      physiological  makeup.  Lydia  J.  Kobe  from   Seward,                                                                   
      Alaska, won  the gold  medal for  her time  in the  100                                                                   
      meters in  Tokyo, was about  seven and  a half  seconds                                                                   
      longer than her counterpart, who won the gold  medal in                                                                   
      the 100 meters, an American, Adam Peaty. There  is just                                                                   
      a vast difference.                                                                                                        
                                                                                                                                
      This issue  at  hand doesn't  just impact  college  and                                                                   
      world competitions. It can  be traced all the way  down                                                                   
      to K-12  sports. Public  school  athletic programs  are                                                                   
      the  primary  opportunity  for  biological  females  to                                                                   
      compete,  win   and   earn   scholarships   for   their                                                                   
      accomplishments. Not only are physiological  advantages                                                                   
      of male-bodied athletes a  consideration when it  comes                                                                   
      to a  level  and  fair, and  true  competitive  playing                                                                   
      field, but safety is another concern. When it  comes to                                                                   
      team  sports   and   contact   sports,   the   physical                                                                   
      advantages, such as strength, size, and speed  of male-                                                                   
      bodied athletes,  can  put  female-bodied  athletes  at                                                                   
      risk of physical harm.                                                                                                    
                                                                                                                                
      SB 140 addresses the issue from several  angles. First,                                                                   
      the bill  requires public schools  and private  schools                                                                   
      competing against  public  schools to  designate  their                                                                   
      teams as either male,  female, or co-ed.  Subsequently,                                                                   
      the  bill   stipulates  that  membership   on  a   team                                                                   
      designated female  must be based  on the  participant's                                                                   
      biological sex.  The bill  also protects  schools  from                                                                   
      the threat of legal  action for upholding the  proposed                                                                   
      law. Finally,  students  are  guaranteed the  right  to                                                                   
      seek legal  action  if they  are deprived  of  athletic                                                                   
      opportunity or  suffer  retaliation  or  other  adverse                                                                   
      action due to a school's lack of compliance with law.                                                                     
                                                                                                                                
     These  protections   would  maintain   competition  and                                                                    
     present Alaskan  girls and women  with an  even playing                                                                    
     field.   For  decades   Title  IX   law  ensured   that                                                                    
     biological  sex-specific separations  in athletics  are                                                                    
     legal.  This has  preserved competition  while allowing                                                                    
     women the  chance to  win. Senate Bill  140 is  in line                                                                    
     with Title IX. In  case you're wondering, the Emergency                                                                    
     Order  13988  issued at  the  federal  level that  tied                                                                    
     funding  to allow  male-bodied athletes  to participate                                                                    
     in  girls' and  women's  sports was  based  on a  court                                                                    
     ruling  pertaining to  employment  law,  not to  school                                                                    
     sports law, and it is in direct violation of Title IX.                                                                     
                                                                                                                                
10:59:06 AM                                                                                                                   
SENATOR HUGHES continued reading:                                                                                               
                                                                                                                                
     I want  to point out  too, SB  140 stands for  an equal                                                                    
     opportunity for all. The liability  section of the bill                                                                    
     would  actually  give  a   trans  student  athlete  the                                                                    
     ability  to  file  suit  if  deprived  of  an  athletic                                                                    
     opportunity from a violation  of this legislation. This                                                                    
     bill  is not  designed  to  preclude trans  individuals                                                                    
     from participation in sports  but rather to ensure that                                                                    
     participation  in any  category  is fair  based on  the                                                                    
     athletics    physiological    ability.    Enabling    a                                                                    
     disadvantaged    group     should    not    necessitate                                                                    
     disadvantaging  another  group.  The great  triumph  of                                                                    
     Title  IX  and the  success  of  millions of  women  in                                                                    
     athletics must not  be discarded in the  name of social                                                                    
     progress. In closing, I want to make two final points:                                                                     
                                                                                                                                
         I have nothing  against anyone who  wishes to  be                                                                      
        transgender.  However,   I   believe   there's   a                                                                      
        fundamental  difference  between  the  binary  sex                                                                      
        you're born with and  the gender you may  identify                                                                      
        as. To protect  women's sports those  with a  male                                                                      
        sex advantage  should not  be able  to compete  in                                                                      
        women's sport.  It's not  a transphobic  thing.  I                                                                      
        really want to  say we have  no issue with  people                                                                      
        who are  transgender. Every  single woman  athlete                                                                      
        I've spoken to,  and I've spoken  to many, all  of                                                                      
        my friends  in  international  sports,  understand                                                                      
        and feel the same way as me.                                                                                            
                           Sharon Davis, Olympic medalist                                                                       
                                                                                                                                
         I was bumped to third place in the 55-meter  dash                                                                      
        in 2019,  behind  two  transgender  runners.  With                                                                      
        every  loss,  it gets  harder  and  harder to  try                                                                      
        again. That's  a devastating experience.  It tells                                                                      
        me  that I'm not  good enough  that my  body isn't                                                                      
        good enough.  And that no matter how  hard I work,                                                                      
        I am unlikely to succeed because I'm a woman.                                                                           
            - Chelsea Mitchell, Canton High School Student                                                                      
                                                                                                                                
 11:01:22 AM                                                                                                                  
SENATOR HUGHES continued reading:                                                                                               
                                                                                                                                
      The mental health of girls  and women is at stake.  The                                                                   
      argument regarding  mental  health  has  been  made  on                                                                   
      behalf of  male-bodied  athletes  who, via  this  bill,                                                                   
      could still  participate  in co-ed  or boys  and  men's                                                                   
      sports but  not female  sports, but  we  often fail  to                                                                   
      think about  what  happens  if we  don't  address  this                                                                   
      issue when  it comes  to girls  and women.  How are  we                                                                   
      impacting girls and  women   their  mental health -  if                                                                   
      we allow  male-bodied  athletes  to beat  them  out  of                                                                   
      spots, on  rosters, out  of championships,  and out  of                                                                   
      scholarships?  That's  one  point   I  wanted  you   to                                                                   
      consider.                                                                                                                 
                                                                                                                                
      The  final  point  is  if  we  do  not   address  this,                                                                   
      eventually, over time, girls'  and women's sports  will                                                                   
      be, frankly, totally eroded. Coaches are hired  to take                                                                   
      teams to  victory. When one  women's team  has a  male-                                                                   
      bodied athlete  giving that  team  an advantage,  other                                                                   
      coaches will be  pressured to  have the same  advantage                                                                   
      and will  recruit  male-bodied athletes.  Rosters  will                                                                   
      eventually fill  up  with  more  and  more  male-bodied                                                                   
      athletes to  increase  this  advantage  and  victories,                                                                   
      robbing   more   and   more   females   from   athletic                                                                   
      opportunities.                                                                                                            
                                                                                                                                
      We do not want this trend to take hold in  Alaska. Your                                                                   
      support to  ensure  discrimination  against  girls  and                                                                   
      women does  not occur  in our  state  is needed.  Thank                                                                   
      you.                                                                                                                      
                                                                                                                                
 11:02:38 AM                                                                                                                  
 SENATOR HUGHES stated  the presentation of  SB 140 would  include                                                              
 invited testimony of athletes,  coaches, and legal and  technical                                                              
 experts.  The  presentation  would   also  include  slides   from                                                              
 research studies, articles, and quotes.                                                                                        
                                                                                                                                
She began the presentation by sharing quotes from the document                                                                  
Competition: Title IX, Male-Bodied Athletes, and the Threat to                                                                  
Women's Sports, slides 1-13:                                                                                                    
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     [T]here will always be significant  numbers of boys and                                                                    
     men who  would beat the  best girls and women  in head-                                                                    
     to-head competition. Claims to  the contrary are simply                                                                    
     a denial of science.                                                                                                       
                 MARTINA NAVRATILOVA Winner of 18 Grand Slam                                                                    
                                       Tennis Singles Titles                                                                    
                                                                                                                                
     I would have  won my first ever high  school track meet                                                                    
     if it  weren't for this [male-bodied]  athlete...It was                                                                    
     very disappointing.                                                                                                        
                                       MARGARET ONEAL Hawaii                                                                    
                                                                                                                                
     Those with a  male sex advantage should not  be able to                                                                    
     compete in women's sport.                                                                                                  
              SHARRON DAVIES British Olympic Silver Medalist                                                                    
                                                                                                                                
     We're all about  equality for women in  sport but right                                                                    
     now that  equality is being taken  away from us. .  . .                                                                    
     Unfortunately, there's nothing we  can do because every                                                                    
     time we voice it we get told to be quiet.                                                                                  
                     TRACEY LAMBRECHS Former Women's Olympic                                                                    
                        Weightlifter (2016 Rio), New Zealand                                                                    
                                                                                                                                
11:04:56 AM                                                                                                                   
SENATOR HUGHES noted the distance of the 2nd and 3rd place                                                                      
finishers behind CeCe in slide 5.                                                                                               
                                                                                                                                
     NCAA Division  II runner  CeCe (formerly  Craig) Telfer                                                                    
     of  Franklin  Pierce  University  wins  the  400  meter                                                                    
     hurdles on May 25, 2019.                                                                                                   
                                                                                                                                
     I don't know of a  woman athlete who doesn't want trans                                                                    
     girls to be treated fairly...  But the cost of treating                                                                    
     her   fairly   should  not   come   at   the  cost   of                                                                    
     discriminating  against a  biologically-female-at birth                                                                    
     woman.                                                                                                                     
         DONNA LOPIANO Former CEO, Women's Sports Foundation                                                                    
                                                                                                                                
     I  didn't feel  it was  fair for  [this athlete]  to be                                                                    
     playing  [and taking]  away a  position from  girls who                                                                    
      could have  started, which  to me  was so  wrong on  so                                                                   
      many levels.                                                                                                              
                                    DESTINY LABUANAN Maui, HI                                                                   
                                                                                                                                
      We know  who's going  to win  the race  before it  even                                                                   
      begins...It just seems like all our hard work  is going                                                                   
      down the drain.                                                                                                           
                                     ALANNA SMITH Danbury, CT                                                                   
                                                                                                                                
      In 2017,  men and  boys around  the world  outperformed                                                                   
     Allyson Felix's best 400-meter more than 15,000 times.                                                                     
                                                                                                                                
      I knew that  I was the  fastest girl  here, one of  the                                                                   
      fastest in the state....Then,  the gun went off. And  I                                                                   
      lost.                                                                                                                     
                                  CHELSEA MITCHELL Canton, CT                                                                   
                                                                                                                                
      Coaches  at  the  collegiate  level  are  rewarded  for                                                                   
      winning, so these coaches will choose biological  males                                                                   
      in order  to remain  competitive in  their  conference.                                                                   
      Where are the spaces for biological females  then? What                                                                   
      does this mean for equal opportunity for women?                                                                           
           CYNTHIA MONTELEONE Team USA Masters Track Athlete,                                                                   
                            Coach, and Metabolic Practitioner                                                                   
                                                                                                                                
      When it comes to women's sports, biology matters.                                                                         
               INGA THOMPSON 10x National Champ, 3x Olympian,                                                                   
                        3x World Medalist, 2x Podium Finisher                                                                   
                                in the Women's Tour de France                                                                   
                                                                                                                                
       [When  it   comes  to   competitive  athletics,]   sex                                                                   
      segregation is  the only  way to  achieve equality  for                                                                   
      girls and women.                                                                                                          
                             MARTINA NAVRATILOVA Winner of 18                                                                   
                             Grand Slam Tennis Singles Titles                                                                   
                                                                                                                                
 11:07:21 AM                                                                                                                  
 At ease.                                                                                                                       
                                                                                                                                
 11:08:00 AM                                                                                                                  
 CHAIR HOLLAND reconvened the meeting.                                                                                          
                                                                                                                                
 11:08:05 AM                                                                                                                  
 DANIEL  PHELPS,  Staff,  Senator  Shelley  Hughes,  Alaska  State                                                              
 Legislature,   Juneau,   Alaska,   stated   that    peer-reviewed                                                              
 scientific reports  support SB  140. In  the  British Journal  of                                                              
 Sports  Medicine, in  a  report  titled  "The  Effect  of  Gender                                                              
Affirming  Hormones on  Athletic  Performance  in Transwomen  and                                                               
Transmen,"  researchers  found  that prior  to  hormone  therapy,                                                               
transwomen  had  a  15  to 31  percent  athletic  advantage  over                                                               
biological females.  After one year of  testosterone suppression,                                                               
transwomen  still  had 9  percent  faster  mean run  speeds  than                                                               
biological  women. One  year of  suppression  is the  recommended                                                               
time  for transwomen's  inclusion  into women's  sports by  world                                                               
athletics.                                                                                                                      
                                                                                                                                
MR. PHELPS  said another study  done by Drs. Hilton  and Lundberg                                                               
titled  "Transgender  Women  in  the Female  Category  of  Sport"                                                               
reviewed the differences between  biological males and females in                                                               
athletics and  assessed whether testosterone  suppression removed                                                               
the performance  advantage of male-bodied athletes.  It was found                                                               
that the performance gap between  male and female-bodied athletes                                                               
becomes significant  at puberty. The gap  is as much as  10 to 50                                                               
percent,  depending  on the  sport.  The  study also  found  that                                                               
strength, lean body mass, muscle  size, and bone density are only                                                               
trivially affected by testosterone suppression.                                                                                 
                                                                                                                                
MR.  PHELPS advanced  to a  slide titled  Table 4.  He said  that                                                               
research at  Duke Law compared  male and  female-bodied athletes'                                                               
data  from track  and  field events  across  various levels.  The                                                               
research   revealed   that   female-bodied   athletes   are   not                                                               
competitive for the win against  males. He stated that the second                                                               
column from  the left showed the  best results across a  range of                                                               
events for the top female athlete  in each event. The next column                                                               
showed boys,  which would be  male-bodied athletes under  the age                                                               
of 18, and the best result for  each event. The best boy beat the                                                               
best  woman  in the  world  in  every  event. The  difference  is                                                               
greater when the  top woman athlete results are  compared to men.                                                               
The fourth column  shows the number of boys who  in one year beat                                                               
the best  woman in the world  in her event. The  far-right column                                                               
is  a tally  across time  of the  number of  instances where  men                                                               
outperformed  female-bodied  athletes.  The numbers  are  in  the                                                               
1000s.                                                                                                                          
                                                                                                                                
11:11:22 AM                                                                                                                   
SENATOR HUGHES  mentioned that  a male  tennis player  who ranked                                                               
203rd in  the world beat both  Serena and Venus Williams.  A high                                                               
school  boy beat  Florence Griffith-Joyner's  world record  time,                                                               
and a  male competitor  ranked 5606th tied  with her  time, which                                                               
illustrates the differences in body types using data.                                                                           
                                                                                                                                
11:12:29 AM                                                                                                                   
CHAIR HOLLAND turned to invited testimony.                                                                                      
                                                                                                                                
 11:12:38 AM                                                                                                                  
 CYNTHIA MONTELEONE, Team  USA Track  Athlete, Maui, Hawaii,  read                                                              
 her op-ed published by Fox News:                                                                                               
                                                                                                                                
      I'm a mom, a coach  and a Team USA World Masters  track                                                                   
      athlete who  is  fighting  for something  greater  than                                                                   
      another gold medal: I'm standing for the protection  of                                                                   
      women's sports.                                                                                                           
                                                                                                                                
      If male-bodied  athletes continue  competing on  female                                                                   
      teams, it will  be the end of  women's sports. This  is                                                                   
      no exaggeration;  this is reality,  and it's  happening                                                                   
      right now.                                                                                                                
                                                                                                                                
      At the  2018 World Masters  Athletics Championships  in                                                                   
      Malaga,  Spain,  I  competed  in  the   200-meter  race                                                                   
      against a male-bodied  athlete, whom I  beat by only  a                                                                   
      few  tenths of  a  second.  The  next  year,  the  same                                                                   
      athlete beat my teammate in the hurdles for a  place on                                                                   
      the podium at the  2019 World Championship indoor  meet                                                                   
      in Poland.                                                                                                                
                                                                                                                                
 MS. MONTELEONE added that people argue that if she won,  there is                                                              
 no issue. However, one female beating one male does not  mean all                                                              
 elite  females  can  beat  all  elite  males.  Furthermore,   the                                                              
 individual she  won against  was approximately  6'5" tall,  which                                                              
 gave him the advantage in the hurdles.                                                                                         
                                                                                                                                
 MS. MONTELEONE resumed reading:                                                                                                
                                                                                                                                
      My teammate had trained  harder than anyone I know.  It                                                                   
      wasn't just on the  world stage that I experienced  the                                                                   
      demoralizing trend of  male-bodied athletes  displacing                                                                   
      females from their own competitions; it was also  on my                                                                   
      home island of Maui, Hawaii.                                                                                              
                                                                                                                                
      A year  and a  half after  my experience  in Spain,  my                                                                   
      daughter lost  to  a  biological  male  identifying  as                                                                   
      female in her first-ever high school track race.                                                                          
                                                                                                                                
 11:14:34 AM                                                                                                                  
 MS. MONTELEONE  noted  that  due  to COVID,  this  had  been  her                                                              
 daughter's only  track race,  and  it was  lost to  a  biological                                                              
 male.                                                                                                                          
                                                                                                                                
 MS. MONTELEONE resumed reading:                                                                                                
                                                                                                                                
     I had watched proudly as  my strong and determined girl                                                                    
     did  all the  right things    made  personal, difficult                                                                    
     sacrifices to train  her body to be as fast  and fit as                                                                    
     possible for her first race.                                                                                               
                                                                                                                                
     Yet all her  hard work seemed to drift  away along with                                                                    
     the male-bodied athlete, who  had just transferred from                                                                    
     the  boys'  volleyball  team to  the  girl's  team  the                                                                    
     season before.                                                                                                             
                                                                                                                                
MS. MONTELEONE added that the issue is also about safety. The                                                                   
same male-bodied athlete spiked the ball so hard it gave a girl                                                                 
a concussion.                                                                                                                   
                                                                                                                                
MS. MONTELEONE resumed reading:                                                                                                 
                                                                                                                                
     The athlete  breezed right by  her to win  first place,                                                                    
     leaving her to finish second.                                                                                              
                                                                                                                                
     How can you  win as a female when you're  lined up next                                                                    
     to  a   male  body  whose  strength,   heart  and  lung                                                                    
     capacity, and  pace are  all greater  than your  own no                                                                    
     matter what the "treatment"?                                                                                               
                                                                                                                                
     It's not only  the fact that my  daughter placed second                                                                    
     behind this individual  in her first race,  but we also                                                                    
     began  to witness  all the  other  ways this  injustice                                                                    
     impacts families  like ours:  the mental  health impact                                                                    
     on  girls who  have to  race male-bodied  athletes, the                                                                    
     personal   lessons  in   effort   rewarded  and   goals                                                                    
     achieved,   and   future   scholarships,   awards   and                                                                    
     accolades.                                                                                                                 
                                                                                                                                
11:16:05 AM                                                                                                                   
MS. MONTELEONE continued reading:                                                                                               
                                                                                                                                
     Numerous  studies have  shown  males  continue to  hold                                                                    
     large  physical  advantages  over  females,  even  when                                                                    
     suppressing  their  testosterone.   A  male's  muscular                                                                    
     advantage is  only minimally reduced  when testosterone                                                                    
     is suppressed,  and males are  still 12  percent faster                                                                    
     than  their  female  counterparts after  two  years  of                                                                    
     feminizing hormones.                                                                                                       
                                                                                                                                
     We are not just hormones.  What about the impact of our                                                                    
     cycle on  sports performance? What about  the impact of                                                                    
     birth  control  or  pregnancy?   These  are  all  valid                                                                    
      obstacles that  males  identifying  as females  do  not                                                                   
      have to address.                                                                                                          
                                                                                                                                
      The most  important factor is  the psychological  toll.                                                                   
      Many of  the girls  I coach  suffer  from anxiety  over                                                                   
      having to compete against male-bodied athletes. We  all                                                                   
      know   the    powerful   scientific    neurotransmitter                                                                   
      connection between our minds  and our bodies: When  you                                                                   
      think you  can  win, it  is scientifically  proven  you                                                                   
      have a better chance of doing it.                                                                                         
                                                                                                                                
      Yet those  of  us who  dare  speak out  that  competing                                                                   
      against males is  unfair are told,  "Oh, it's not  that                                                                   
      big of  a deal. It  doesn't happen  that often."  "Just                                                                   
      keep your mouth shut and  be quiet." That's what I  was                                                                   
      told when I  raised questions as  to the unfairness  of                                                                   
      running next  to  a male-bodied  athlete at  the  World                                                                   
      Masters.                                                                                                                  
                                                                                                                                
      From coast  to coast,  we see  college  administrators,                                                                   
      coaches, the National Collegiate Athletic  Association,                                                                   
      and many  others in  the media  and  culture trying  to                                                                   
      downplay our stories  and sweep us  under the rug.  But                                                                   
      know this:?There is  a groundswell.  From my  very  own                                                                   
      daughter raising her voice  along with the young  track                                                                   
      stars Chelsea Mitchell, Selina  Soule and Alanna  Smith                                                                   
      in Connecticut, to Lainey  Armistead, who plays  soccer                                                                   
      in  West  Virginia,  to  the  female  swimmers  at  the                                                                   
      University of  Pennsylvania  who  are stressed  by  the                                                                   
      presence  of a  male  in  their  locker  room  (not  to                                                                   
      mention the women who compete, and often  lose, against                                                                   
      this male-bodied athlete).                                                                                                
                                                                                                                                
 11:17:50 AM                                                                                                                  
 MS. MONTELEONE continued:                                                                                                      
                                                                                                                                
      Yes,  indeed,  there's  a  chorus  of   voices  bravely                                                                   
      recounting the missed opportunities, lost  scholarships                                                                   
      and titles, and the enormous challenge of  competing in                                                                   
      the sport you  love on a playing  field you know  isn't                                                                   
      level.                                                                                                                    
                                                                                                                                
      How does this affect how girls think about the future?                                                                    
                                                                                                                                
      My daughter is  a junior  in high school  and plans  to                                                                   
      follow in  my  footsteps  and  pursue  collegiate-level                                                                   
     track.  But she  is already  worried about  whether she                                                                    
     will be able to compete for and receive scholarships.                                                                      
                                                                                                                                
     After  all, we  know college  athletic departments  get                                                                    
     funding  from producing  champions     so what's  their                                                                    
     motivation  to recruit  biological women  like her  for                                                                    
     their  female  teams  when male-bodied  athletes  could                                                                    
     bring a  better chance  of victory  and more  money? We                                                                    
     are  already seeing  this trend  at  the University  of                                                                    
     Pennsylvania.                                                                                                              
                                                                                                                                
     It is  wrong for high  school girls    or women  at any                                                                    
     age, for  that matter    to worry about not  being good                                                                    
     enough  simply  because  they  are   a  woman.  We  are                                                                    
     witnessing  the nail  in  the coffin  in  the death  of                                                                    
     Title IX.                                                                                                                  
                                                                                                                                
     Female  athletes   deserve  their  chance   to  receive                                                                    
     accolades, awards  and scholarships. We must  raise our                                                                    
     voices on behalf of fairness  and equal opportunity for                                                                    
     all  women,  before  the  entire  category  of  women's                                                                    
     sports is erased.                                                                                                          
                                                                                                                                
11:18:58 AM                                                                                                                   
ALARY WOODS,  representing self, Lexington, Kentucky,  stated she                                                               
underwent   full   gender-affirming   surgery  to   legally   and                                                               
clinically be female, something she  has desired since the age of                                                               
four. She  said she  is grateful for  the advancements  that made                                                               
the transformation possible. She  opined that fairness in women's                                                               
sports  needs to  be  preserved.  A balance  needs  to be  struck                                                               
between the support of transwomen  and the goodwill essential for                                                               
promoting   long-term   integration   efforts  based   on   solid                                                               
foundational  principles.   The  first  principle  is   that  the                                                               
history, suffrage,  setbacks, and  fears of women,  by extension,                                                               
are  the struggles  of transwomen.  Therefore, transwomen  should                                                               
speak up for  fellow sisters, daughters, and  mothers when rights                                                               
and accomplishments are being systemically  rolled back. She said                                                               
it is  distressing to her  that women's voices are  being coerced                                                               
into silence for an ideology  that is untenable and unsustainable                                                               
in its present form.                                                                                                            
                                                                                                                                
11:21:37 AM                                                                                                                   
MS.  WOODS said  that not  considering  the voices  and needs  of                                                               
fellow  females is  the antithesis  of  being a  woman. She  said                                                               
being  welcomed into  womanhood made  her a  woman, not  make-up,                                                               
pronouns,  or   surgeries.  Women  that  supported   her  in  her                                                               
transition have  confided to her  that it  is not fair  for male-                                                               
 bodied athletes  to  compete  in female  sports.  Therefore,  she                                                              
 desires to support  the collective of all  women in the  struggle                                                              
 to maintain female-bodied sports. The barriers ideologues  impose                                                              
 to segregate and tarnish goodwill  and trust should be broken  by                                                              
 constructive dialogue and collaboration  with no voice  silenced.                                                              
 Everyone should be  heard so that  fears imposed by  academicians                                                              
 and others  can be released  from relationships.  Trans and  non-                                                              
 trans voices should be heard to discover the best outcome.                                                                     
                                                                                                                                
 11:24:44 AM                                                                                                                  
 TANNER HART, representing  self, Illinois,  said she competed  in                                                              
 women's track and field  in high school  and won 13 Alaska  State                                                              
 women's track  and  field  titles.  She went  on  to  compete  at                                                              
 college and competed against  a biological male. She opined  that                                                              
 it is unfair  because physiologically,  their hearts are  larger,                                                              
 and their lungs  have more capacity. These  two facts are  enough                                                              
 for male and  female sports to be  kept separate. Allowing  male-                                                              
 bodied athletes in  female sports  forces women to  compete at  a                                                              
 disadvantage.                                                                                                                  
                                                                                                                                
 11:26:26 AM                                                                                                                  
 LARRY WHITMORE, Retired Alaska Athlete Official, Hawaii,  said he                                                              
 is a former  teacher and coach in  the Anchorage School  District                                                              
 who supports the  Alaska Even Playing Field  Act. He has  coached                                                              
 various sports  for boys and  girls. He  has also  been a  cross-                                                              
 country running, track and field official. The mission  statement                                                              
 for track and  field officials  states they are  to regulate  and                                                              
 administer  interscholastic  athletic   competition  fairly   and                                                              
 safely. This is  not possible when  biological males are  allowed                                                              
 to  compete  with  biological  females.  We  already   know  that                                                              
 biological males  have greater  bone density,  bigger hearts  and                                                              
 lungs, and more  muscle strength  than biological females.  Other                                                              
 aspects make  competition between  biological males  and  females                                                              
 unfair. Girls' bodies begin changing  between the ages of 12  and                                                              
 15 to prepare  for childbearing. As  a coach  he became aware  of                                                              
 the physical  and  emotional challenges  some girls  face  during                                                              
 their monthly cycle and the  affect it had on their  performance.                                                              
 From experience coaching track  and field, he noticed many  girls                                                              
 performed their  best in  their first  two years  of high  school                                                              
 before their  hip area developed.  He stated  that these  changes                                                              
 only  occur  in  biological  females,  which  makes   competition                                                              
 between men  and  women unfair.  Common  sense dictates  that  to                                                              
 protect Title IX  and save women's  sports from being  destroyed,                                                              
 biological males must not compete in women's sports.  He strongly                                                              
 supports  allowing  everyone  to   participate  and  compete   in                                                              
 interscholastic sports by having transgender or co-ed teams.                                                                   
                                                                                                                                
11:31:22 AM                                                                                                                   
MR. PHELPS shared slides containing quotes from court cases that                                                                
establish precedent for SB 140:                                                                                                 
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     There  are   [i]nherent  differences  between  men  and                                                                    
     women,   and  these   differences   remain  cause   for                                                                    
     celebration, but not for denigration  of the members of                                                                    
     either  sex   or  for  artificial  constraints   on  an                                                                    
     individual's opportunity.                                                                                                  
     United States v. Virginia 518 U.S. 515.533 (1996).                                                                         
                                                                                                                                
     Because of  innate physiological differences,  boys and                                                                    
     girls  are   not  similarly  situated  as   they  enter                                                                    
     athletic competition.                                                                                                      
     Kieczek v. Rhode Island Interscholastic League, Inc.                                                                       
     612 A.2d 734.738 (R.I. 1992)                                                                                               
                                                                                                                                
     It takes  little imagination to realize  that were play                                                                    
     and competition  not separated by  sex, the  great bulk                                                                    
     of  the  females  would   quickly  be  eliminated  from                                                                    
     participation  and  denied any  meaningful  opportunity                                                                    
     for athletic involvement.                                                                                                  
     Cape v.  Tenn. Secondary Sch. Athletic  Ass'n. 563 F.2d                                                                    
                th                                                                                                              
     793, 795 (6 Cir. 1977)                                                                                                     
                                                                                                                                
11:32:35 AM                                                                                                                   
MR. PHELPS presented the sectional analysis for SB 140 as                                                                       
follows:                                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Section 1  Page 1, Lines 3  4                                                                                          
     Adds subsection  (d) to AS  14.18.040 stating  the word                                                                    
     "sex" to mean biological sex.                                                                                              
                                                                                                                                
      Section 2  Page 1, Lines 5  15; Page 2, Lines 1  25                                                                   
     Amends  AS 14.18  by adding  Article 2.  Designation of                                                                    
     Athletic   Teams   and   Sports   and   the   following                                                                    
     subsections:                                                                                                               
                                                                                                                                
     Sec. 14.18.150. Page 1, Lines 7  14                                                                                      
          (a) Students or teams from a public or private                                                                        
               school whose teams compete against a public                                                                      
               school must designate each school-sponsored                                                                      
               team or sport as follows:                                                                                        
                (1) male, men or boys' team or sport                                                                            
                (2) female, women, or girls' team or sport;                                                                     
                    or                                                                                                          
                (3) coeducational or mixed team or sport                                                                        
                                                                                                                                
           (b) Any student who participates in an athletic                                                                      
                team or sport that is designated "female,                                                                       
                women, or girls" must be female, based on                                                                       
               the participant's biological sex.                                                                                
                                                                                                                                
      Sec.14.18.160. Page 1, Line 15; Page 2  Lines 1  3                                                                      
      Protects schools and school districts from  complaints,                                                                   
      investigations, or  any adverse  actions for  complying                                                                   
      with AS 14.18.150.                                                                                                        
                                                                                                                                
      Sec. 14.18.170. Page 2  Lines 4  19                                                                                     
      Discusses  liability   and  recourse   for  a   student                                                                   
      deprived of an athletic  opportunity or suffers  direct                                                                   
      or indirect  harm  resulting  from a  violation  of  AS                                                                   
      14.18.150; or  for a  student who  suffers  retaliation                                                                   
      for  reporting  a  violation  of  the   aforementioned.                                                                   
      Discusses same  liability and recourse  for schools  or                                                                   
      school districts  that suffer direct  or indirect  harm                                                                   
      as a result of a violation of AS 14.18.150.  Allows for                                                                   
      a two-year statute of limitations.                                                                                        
                                                                                                                                
      Sec. 14.18.180. Page 2  Lines 20  25                                                                                    
      Defines  "school"  as   an  elementary,  junior   high,                                                                   
      secondary, or  post-secondary school.  Defines  "school                                                                   
      district" as  a borough  school  district, city  school                                                                   
      district, regional educational  attendance area,  state                                                                   
      boarding    school,     and/or    state     centralized                                                                   
      correspondence study program.                                                                                             
                                                                                                                                
 11:35:18 AM                                                                                                                  
 SENATOR HUGHES  stated  the next  three presenters  are  national                                                              
 experts familiar with legal issues, including Title IX.                                                                        
                                                                                                                                
 11:36:31 AM                                                                                                                  
 REPRESENTATIVE BARBARA  EHARDT,  Idaho State  Legislature,  Idaho                                                              
 Falls, Idaho,  stated Title  IX  passed when  she was  eight.  It                                                              
 changed her life because she played sports in school,  in college                                                              
 on  scholarship,  and  had  a  Division  One  women's  basketball                                                              
 coaching career  for  15  years  at four  universities.  She  has                                                              
 testified in other  states. It is  gratifying to see  legislation                                                              
 similar to what she brought forward pass in other  states because                                                              
 it is an  important matter.  She opined that  sports first  begin                                                              
with competition  and then  winning; if this  were not  the case,                                                               
players would  not get cut, and  coaches would not get  fired. To                                                               
say  sport is  about humanity,  community, and  inclusivity is  a                                                               
false narrative.  Competition is a  key element that needs  to be                                                               
protected in  the sex-segregated opportunities that  Title IX has                                                               
provided.                                                                                                                       
                                                                                                                                
MS. EHARDT said  that Idaho women runners were  forced to compete                                                               
against June  Eastwood. June competed  as a male for  three years                                                               
at the University of Montana  before switching to the female team                                                               
as  a senior.  In 2020,  June  ran in  the indoor  track Big  Sky                                                               
Championships. June  annihilated the  Idaho women, much  like Lia                                                               
Thomas did in  the sport of swimming. She theorized  that if June                                                               
Eastwood and Lia Thomas had  started competing as freshmen women,                                                               
coaches  would have  been forced  to  find a  biological male  to                                                               
compete against them,  because coaches who do not  win lose their                                                               
jobs. In  the world  of NCAA athletics  repeating the  actions of                                                               
others is a truism.                                                                                                             
                                                                                                                                
11:40:18 AM                                                                                                                   
MS. EHARDT noted  that in 1995 Nike was  incredibly supportive of                                                               
girls  and  women in  an  ad  called "If  You  Let  Us Play."  It                                                               
documented  benefits  to  girls  that play  sports,  such  as  60                                                               
percent less likely to get breast  cancer, more likely to leave a                                                               
man that beats them, and less  likely to get pregnant before they                                                               
want  to.  These are  all  things  indicative  of women  and  why                                                               
opportunities in women's sports must be protected.                                                                              
                                                                                                                                
She then pointed out that  biological males and females each have                                                               
an opportunity  to compete.  However, what  is happening  is that                                                               
biological males  can choose  to compete  in either,  which gives                                                               
them  two opportunities.  The problem  is  not that  men get  two                                                               
opportunities, and  women only get  one. The problem is  that men                                                               
get  two  opportunities, and  the  women's  opportunity is  taken                                                               
away, which  is unfair.  As a collegiate  coach who  holds camps,                                                               
clinics, and  tournaments for  kids, the  difference in  male and                                                               
female  abilities starts  before puberty.  A second-grade  girls'                                                               
team  cannot successfully  compete against  a second-grade  boys'                                                               
team,  so she  has  the girls  compete  against the  kindergarten                                                               
boys' team.  It is  not a matter  of puberty; it  is a  matter of                                                               
whether a  person has  XX or XY  chromosomes. This  is inherently                                                               
important  to  who  we  are  as  men  and  women  and  should  be                                                               
celebrated.  She  stated  she could  answer  questions  regarding                                                               
economic effects and reactions from the NCAA.                                                                                   
                                                                                                                                
11:43:29 AM                                                                                                                   
 MATT SHARP, Senior Counsel, Alliance Defending Freedom,  Atlanta,                                                              
 Georgia, said women deserve to compete on a level  playing field.                                                              
 Males competing in  women's sports  destroy fair competition  and                                                              
 women's athletic  opportunities. His law  firm represents  female                                                              
 athletes like  Selena  Soule of  Connecticut, Madison  Kenyon  of                                                              
 Idaho,  and  several  others  in  lawsuits  seeking  to  preserve                                                              
 fairness in  women's sports.  He opined  that  it is  unfortunate                                                              
 that the number  of women who  have lost championships,  records,                                                              
 and athletic opportunities is increasing across the  country. For                                                              
 example,  in   Connecticut,  two   males  captured   15   Women's                                                              
 Championship  titles, set  17  new  records,  and  took  over  80                                                              
 opportunities  to   advance  in   competitions  that   rightfully                                                              
 belonged  to  females.  While  everyone  should  be   allowed  to                                                              
 participate in  sports, biology matters  when organizing  sports.                                                              
 When the reality of biological science is ignored, women  pay the                                                              
 price. SB 140 would ensure that all female athletes have  an even                                                              
 playing field to  compete and  win. It would  set an  eligibility                                                              
 standard for female teams so that male-bodied athletes  would not                                                              
 take spots  on Alaskan  teams, and  taxpayer-funded  scholarships                                                              
 would be  awarded to  female athletes  who  earned them.  States,                                                              
 including  Montana,  South  Dakota,  Idaho,  Florida,   Arkansas,                                                              
 Mississippi, and Iowa,  have passed laws like  SB 140 to  protect                                                              
 fairness in K-12 and collegiate sports.                                                                                        
                                                                                                                                
 SB 140  is  consistent with  the  Constitution and  federal  law.                                                              
 Federal courts have long recognized that it is  constitutional to                                                              
 provide separate programs based  on sex, including sports  teams,                                                              
 locker rooms,  and  even  single-sex schools.  For  example,  the                                                              
 Supreme Court in the  Virginia Military Institute (VMI)  decision                                                              
 said that  women must  be  permitted to  enroll in  VMI.  Justice                                                              
 Ginsburg authored the main opinion for the court. She  wrote that                                                              
 once  women  were   admitted  to   VMI,  female  students   would                                                              
 undoubtedly require  separate physical standards  because of  the                                                              
 "physiological differences between  male and female  individuals.                                                              
 It is just for the same reason men and women  undoubtedly require                                                              
 separate physical competitions," in other words, athletics.                                                                    
                                                                                                                                
 MR. SHARP said  that the  Ninth Circuit Court  of Appeals,  which                                                              
 has jurisdiction over  Alaska, upheld  an Arizona policy  several                                                              
 years ago like SB  140, which noted  that males are not  eligible                                                              
 to  compete   on   female  teams.   The  court   concluded   that                                                              
 physiologically males  would have  an undue  advantage  competing                                                              
 against females  and  substantially displace  them if  they  were                                                              
 allowed to compete for  a position. The court further  recognized                                                              
 the importance  of government in  redressing past  discrimination                                                              
 against  women   in   athletics   and   promoting   equality   of                                                              
opportunities between  sexes as  legitimate and vital.  He stated                                                               
that SB 140 supports these precedents and other court decisions.                                                                
                                                                                                                                
11:47:01 AM                                                                                                                   
MR.  SHARP  said  attorney generals  from  14  states,  including                                                               
Alaska, filed  a brief supporting the  constitutionality of Idaho                                                               
women's  sports legislation  enacted in  2020, but  that recently                                                               
the  NCAA did  not stand  with female  athletes. Therefore,  this                                                               
body must  urgently set a  clear, fair, and  scientifically based                                                               
policy  to guide  Alaska's schools  and colleges  in guaranteeing                                                               
equal opportunities  for women to  participate and  win. Allowing                                                               
males on female teams means a  girl loses a spot and the benefits                                                               
of participation. In an Inc.com  survey of women business leaders                                                               
and  CEOs,  94  percent  said they  participated  in  sports  and                                                               
described   their  athletic   experiences  as   vital  to   their                                                               
professional development.  Girls in  Alaska should have  the same                                                               
athletic  opportunities for  experiences that  will help  them be                                                               
successful.                                                                                                                     
                                                                                                                                
11:49:19 AM                                                                                                                   
JENNIFER  BRACERAS,  Director,  Independent Women's  Law  Center,                                                               
Boston, Massachusetts read her testimony:                                                                                       
                                                                                                                                
     Competitive  score  is  a  zero-sum  game,  where  some                                                                    
     athletes make the cut and  others do not. Someone wins,                                                                    
     and  others  lose.  In   a  zero-sum  competition,  the                                                                    
     inclusion  of male-bodied  athletes  in women's  sports                                                                    
     inevitably means that females lose out.                                                                                    
                                                                                                                                
     Almost  50 years  ago, Title  IX transformed  sports by                                                                    
     guaranteeing   women  the   right  to   equal  athletic                                                                    
     opportunities. Congress enacted Title  IX to end unjust                                                                    
     discrimination in  education and to  expand educational                                                                    
     opportunities  for   women  and  girls.   Although  the                                                                    
     statute  originally made  no mention  of athletics,  in                                                                    
     1974, Congress passed an  amendment proposed by Senator                                                                    
     Jacob Javits  of New York that  directed the Department                                                                    
     of Health, Education, and  Welfare to issue regulations                                                                    
     regarding  athletics.  Those   regulations  state  that                                                                    
     schools  and   educational  institutions   may  operate                                                                    
     single-sex  athletic  teams  so long  as  they  provide                                                                    
     equal athletic  opportunity for members of  both sexes.                                                                    
     Notice  that the  regulation says  both sexes,  meaning                                                                    
     two.                                                                                                                       
                                                                                                                                
     11:50:40 AM                                                                                                              
     MS. BRACERAS continued reading:                                                                                            
                                                                                                                                
      Title  IX's  binary  conception  of  sex,  under  which                                                                   
      schools may operate separate teams for male and  female                                                                   
      athletes, helped  usher in  a period  of  unprecedented                                                                   
      athletic opportunity  and  achievement  for  women  and                                                                   
      girls, which you have already heard quite a  bit about.                                                                   
      That progress  today is  at risk.  It is  at risk  from                                                                   
      schools, athletic associations, and leagues that  allow                                                                   
      transgender athletes who were born male to  participate                                                                   
      in  women's  sports.  But   it  is  not  simply   about                                                                   
      transgender participation  under  women's  sports.  One                                                                   
      thing you have  not heard about today  is the way  that                                                                   
      male  participation  in  women's  sports  is  happening                                                                   
      outside of the transgender context.                                                                                       
                                                                                                                                
      Across the United States,  there are many schools  that                                                                   
      operate field  hockey  or  volleyball  teams  only  for                                                                   
      women and  do  not  offer  those teams  for  men.  It's                                                                   
      significant because many of these teams were  initially                                                                   
      created by  schools in  the 1970s  in  order to  comply                                                                   
      with  Title  IX,  so   they  added  field  hockey   and                                                                   
      volleyball for women  in order  to increase the  number                                                                   
      of spots for female athletes. But sports like  this are                                                                   
      today at risk  in states  like Massachusetts and  other                                                                   
      areas across  the country that  require women's  teams,                                                                   
      such as  field hockey  and volleyball,  to roster  male                                                                   
      players when the school does  not offer a male team  in                                                                   
      that particular sport.  Last fall, Independent  Women's                                                                   
      Forum and  Independent  Women's  Law  Center  issued  a                                                                   
      report  called  Competition:  Title  IX,  Male   Bodied                                                                   
      Athletes and the Threat to Women's Sports, and  in that                                                                   
      report,  we   talk  about   this  phenomenon.   There's                                                                   
      actually a  photo  in  the  report of  a  female  field                                                                   
      hockey player, who happens  to be my daughter,  playing                                                                   
      against male field  hockey players  in high school.  My                                                                   
      daughter is  now a  Division One  field hockey  player.                                                                   
      She's  now  in  college.  But  even  a  person  of  her                                                                   
      athletic ability who  plays at a  Division 1 level  had                                                                   
      trouble going  up against  high  school male  athletes,                                                                   
      boys who play hockey, boys who play lacrosse,  and just                                                                   
      thought, "Oh, well  why don't  I take on  a Fall  sport                                                                   
      and go out  for field hockey." There  was not just  one                                                                   
      team her  high  school had  to  play against  that  had                                                                   
      [indiscernible]. There were at  least three teams  that                                                                   
      had multiple male field hockey players on a team.                                                                         
                                                                                                                                
 11:53:27 AM                                                                                                                  
     MS. BRACERAS continued reading:                                                                                            
                                                                                                                                
     Defenders  of  policies  like these  say  that  they're                                                                    
     necessary to  promote fairness and inclusion,  but what                                                                    
     these  policies actually  do is  treat female  athletes                                                                    
     unfairly and  deny them  equal opportunity  to compete.                                                                    
     So not only did my daughter  have to go up against male                                                                    
     field  hockey  players,  but there  were  female  field                                                                    
     hockey players at those other  schools that didn't make                                                                    
     Varsity because a boy did.                                                                                                 
                                                                                                                                
     As  you've heard  today, the  average  male is  bigger,                                                                    
     stronger, and  faster than the average  female. Because                                                                    
     of  this  scientific  fact, when  male-bodied  athletes                                                                    
     compete  against  women,  women most  often  lose.  But                                                                    
     Title  IX   not  only  protects   our  right   to  fair                                                                    
     competition, it protects our right to play at all.                                                                         
                                                                                                                                
     Allowing  biological  men  to compete  as  athletes  on                                                                    
     women's  teams with  limited rosters  means that  there                                                                    
     are fewer  spots on those  teams for females,  so women                                                                    
     get relegated to the JV team  or don't make the team at                                                                    
     all. Perhaps  if they do  make the team, they  get less                                                                    
     playing time  when a man  takes the field, or  they may                                                                    
     receive less  scholarship money.  The fight  to protect                                                                    
     women's   sports  is   not  simply   about  transgender                                                                    
     politics.  It's about  fairness  and equal  opportunity                                                                    
     for  women  to  play  competitive sports.  And  if  the                                                                    
     federal government isn't going  to protect Title IX and                                                                    
     stop discrimination  against female athletes,  then the                                                                    
     states must  step up and prohibit  the participation of                                                                    
     all   male-bodied   athletes    in   women's   athletic                                                                    
     competitions.                                                                                                              
                                                                                                                                
11:55:34 AM                                                                                                                   
SENATOR  HUGHES  thanked  the  committee for  its  time  and  the                                                               
testifiers for  presenting the dilemma facing  women's sports and                                                               
the solution.                                                                                                                   
                                                                                                                                
11:55:54 AM                                                                                                                   
SENATOR BEGICH  stated he  has been patient  in listening  to the                                                               
discussion from the  experts and hopes for an  opportunity to ask                                                               
questions regarding SB  140 because there is a  different side to                                                               
the  transgender  women  in  sports  argument.  Recent  case  law                                                               
controverts the  cases presented from  1977, 1992, and  1996. The                                                               
Idaho bill enjoined  in 2020 by the Ninth Circuit  Court is under                                                               
full panel  review. The  B.P.J v. West  Virginia case  was struck                                                               
 down  in  West  Virginia,  and  the  current  administration  has                                                              
 interpreted Bostock v. Clayton as protecting transgender  rights.                                                              
 He said  that Legislative  Legal Services  had  provided a  legal                                                              
 memorandum underscoring  the unconstitutionality of  SB 140  that                                                              
 he would provide for discussion.  He stated there is direct  data                                                              
 connecting legislation like SB  140 to suicide among  transgender                                                              
 youth that  he  would share  since safety  was  brought up  as  a                                                              
 concern.                                                                                                                       
                                                                                                                                
 CHAIR HOLLAND stated  that the committee  will spend  significant                                                              
 time on SB 140.                                                                                                                
                                                                                                                                
 11:57:45 AM                                                                                                                  
 SENATOR HUGHES  requested  that  time  be allotted  in  a  future                                                              
 hearing for expert testifiers  to address the concerns that  were                                                              
 mentioned.                                                                                                                     
                                                                                                                                
 CHAIR HOLLAND replied  that it would depend  on the limited  time                                                              
 in the schedule and the availability of the testifiers.                                                                        
                                                                                                                                
 CHAIR HOLLAND held SB 140 in committee.                                                                                        
                                                                                                                                
 11:58:19 AM                                                                                                                  
 There being  no further business  to come  before the  committee,                                                              
 Chair Holland adjourned the  Senate Education Standing  Committee                                                              
 meeting at 11:58 p.m.