Legislature(2021 - 2022)BUTROVICH 205
04/04/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB196 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 196 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE EDUCATION STANDING COMMITTEE
April 4, 2022
9:05 a.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Gary Stevens, Vice Chair
Senator Shelley Hughes
Senator Tom Begich (via teleconference)
MEMBERS ABSENT
Senator Peter Micciche
COMMITTEE CALENDAR
SENATE BILL NO. 196
"An Act relating to transparency and compelled speech in public
education."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 196
SHORT TITLE: PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL
SPONSOR(s): SENATOR(s) REINBOLD
02/15/22 (S) READ THE FIRST TIME - REFERRALS
02/15/22 (S) EDC, JUD
03/25/22 (S) EDC AT 9:00 AM BUTROVICH 205
03/25/22 (S) Heard & Held
03/25/22 (S) MINUTE(EDC)
04/04/22 (S) EDC AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
CINDY FULLER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 196.
BARBARA TYNDALL, representing self
North Pole, Alaska
POSITION STATEMENT: Testified in support of SB 196.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 196.
KENDAL KRUSE, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 196.
KELLY NASH, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 196.
PAMELA SAMASH, representing self
Nenana, Alaska
POSITION STATEMENT: Testified in support of SB 196.
PHIL MOSER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in opposition to SB 196.
SENATOR LORA REINBOLD
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 196.
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on SB 196 on behalf of
the sponsor.
ACTION NARRATIVE
9:05:28 AM
CHAIR ROGER HOLLAND called the Senate Education Standing
Committee meeting to order at 9:05 a.m. Present at the call to
order were Senators Stevens, Hughes, Begich (via
teleconference), and Chair Holland.
SB 196-PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL
9:06:16 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 196
"An Act relating to transparency and compelled speech in public
education."
He asked the sponsor to refresh the committee's recall of SB
196.
9:06:51 AM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 196, stated that the bill was related to
transparency and compelled speech in public education.
9:07:06 AM
CHAIR HOLLAND asked the sponsor to elaborate.
9:07:21 AM
SENATOR REINBOLD stated that SB 196 would require public
schools, including charter schools, to provide transparency by
posting regularly updated curricula, teacher training materials,
school procedures, and a brief description of the material
online, including the organizations or teachers that produced
the materials. She highlighted that this was helpful for parents
to be able to pull this information up online during COVID-19.
SENATOR REINBOLD explained that the compelled speech section of
the bill was aligned to AS 14 and AS 18. She said Title 18
relates to prohibition against discrimination based on sex or
race in public education. The bill would provide specificity on
what is prohibited. She referred to page 4, line 3, that
teachers or school employees may not force a student to affirm,
adopt, or adhere to the belief or concept that the United States
or the state' "is fundamentally or irredeemably racist or
sexist." She read subparagraphs (C), (D), and (E) on page 4,
lines 9-17:
(C) an individual, by virtue of sex, race, ethnicity,
religion, color, or national origin, is blameworthy
for actions committed in the past by other members of
the same sex, race, ethnicity, religion, color, or
national origin;
(D) an individual's moral character is necessarily
determined, in whole or in part, by the individual's
sex, race, ethnicity, religion, color, or national
origin;
E) a sex, race, ethnicity, religion, color, or
national origin is inherently superior or inferior; or
9:10:08 AM
SENATOR REINBOLD stated that the bill covers the strict and
narrow guidelines that schools must follow to ensure that
students are not compelled to [affirm, adopt, or adhere to the
belief or concepts] listed in the bill.
9:10:43 AM
CHAIR HOLLAND opened public testimony on SB 196.
9:11:15 AM
CINDY FULLER, representing self, Juneau, Alaska, stated that she
was raised in Alaska and has four children and ten grandchildren
who live in Alaska. Her children primarily attended public
school, but she homeschooled two for part of their high school
years.
MS. FULLER offered her belief that things are happening in the
schools that are not right. She noted that the education system
was established to teach reading, writing, arithmetic, science,
and history and to learn how to work with others and become
productive members of society. Every child was given the same
opportunity. However, the school system has expanded to teach a
wide spectrum of subjects. She opined that schools had taught
fewer academics and more about social values and morals in
recent years.
MS. FULLER said she was raised as an American and her values are
based on that upbringing. Today, students are no longer taught
to identify as Americans but according to their nationality,
race, or ethnicity. She noted that her grandchildren are being
taught to identify by their gender. She expressed concern that
teachers give students attention for being different, that
students like the attention, so other students notice and are
inclined to do likewise. She related several personal scenarios
to illustrate the harm, including suicide attempts, when
adolescents are confused and vulnerable to being brainwashed to
believe certain philosophies.
9:14:59 AM
MS. FULLER expressed concern that schools are calling students
by their gender choices without parental awareness. She offered
her view that SB 196 would address these issues. She said
parents need to know what is being taught at school and what is
happening to their children.
9:18:03 AM
BARBARA TYNDALL, representing self, North Pole, Alaska, stated
that she moved to Alaska as a child, has five children, 14
grandchildren, and is a former teacher. She spoke in support of
SB 196 because it requires schools to put their curricula on
their website. This allows parents and grandparents to know what
schools are teaching students. She offered her view that this is
a reasonable request that protects children and families from
objectionable and harmful ideology. She expressed concern that
theories, such as critical race, were being taught in schools,
including the concepts that America is racist or sexist and that
people are inherently racist because of their skin color.
9:19:30 AM
MS. TYNDALL stated that SB 196 protects children from hating
each other based on race, ethnicity, or religion and promotes a
healthy respect for all races. She agreed with the previous
speaker regarding the reasons for education. She expressed
concern that Alaska students have low reading scores. She said
teaching reading is not difficult, but it does take time.
Education needs to stick to academics, and teachers need time to
teach reading and not be overwhelmed with other tasks.
MS. TYNDALL voiced support for SB 196.
9:21:18 AM
MIKE COONS, representing self, Palmer, Alaska, stated that he
agreed with Cindy Fuller, and he shared his views about
transgender people.
MR. COONS said he loves SB 196 because it would put into statute
that teachers, administrators, school districts, and school
boards cannot force their views on students in public schools.
He expressed concern that the Critical Race Theory was being
taught in school. He shared his opinions about various aspects
of CRT and white privilege and his personal experiences with
racism in the 1960s.
MR. COONS said he fully endorses SB 196. He thanked Senators
Reinbold and Costello for sponsoring the bill.
9:28:16 AM
KENDAL KRUSE, representing self, Palmer, Alaska, spoke in
support of SB 196. She stated that she is the mother of three
children who she home-schools. She related her experience trying
to obtain the curricula from the school and Anchorage School
District when her children were school-age. She stated that she
is a health care provider, so she was not trained in childhood
education. She contacted private schools and several homeschools
she was considering for her children, who provided her with
their curricula.
9:30:19 AM
MS. KRUSE related her friends' experiences in trying to obtain
school curriculum to no avail. She said SB 196 is important. She
offered her belief that there wasn't any reason not to post
school curriculum online since it provides transparency. It
would also allow parents to teach their children at home,
providing consistency with the classroom curriculum.
MS. KRUSE expressed concern that one reason schools were not
doing so was because it might reveal waste or ways students are
being indoctrinated sexually, or as social or political
activists.
MS. KRUSE referred to Article 2, Sec. 14.18.150 (d), which read:
(d) This section does not require a school to
digitally reproduce or post a copy of instructional
material if the reproduction or copying is prohibited
by copyright.
MS. KRUSE related that she attended a conference and learned
about a safe adult sex education course Planned Parenthood
created in partnership with another woman. She pointed out that
it is copyrighted. She expressed concern that this creates a
loophole to hide teaching materials. She stated that parents
should not be burdened by the cost or time to obtain access to
materials that are not allowed to be copied or posted online.
MS. KRUSE thanked the sponsors for introducing the bill.
9:34:31 AM
KELLY NASH, representing self, Fairbanks, Alaska, spoke in
support of SB 196. She stated that she is a lifelong Alaskan and
has two children and just became a grandmother. She agreed with
previous testifiers. She said teachers are asking students to
voice their pronouns. She expressed concern that some students
are confused and Alaska has higher suicide rates. She related
her experience visiting her daughter's classroom where students
had posted how they hate their life, and since schools lack
dress codes cross-dressing happens. She acknowledged that some
information is disseminated via social media. She urged members
to pass SB 196.
9:38:25 AM
PAMELA SAMASH, representing self, Nenana, Alaska, spoke in
support of SB 196. She said she favored parental involvement in
education and that increased transparency translates into
parental involvement. According to the Public School Review,
"Parental involvement plays a critical role in student success."
She stated that substantial research has been done on this
issue.
MS. SAMASH related that in her experience visiting schools, it
is easy to tell which parents were interested and engaged in
their children's education and those who were disinterested. She
spoke off topic about religion. She expressed concern that
schools promote racism by teaching evolution. She said she
agrees with previous testifiers. She urged members to support SB
196.
9:40:50 AM
PHIL MOSER, representing self, Juneau, Alaska, spoke in
opposition to SB 196. He expressed concern that the language in
the bill would not serve the purpose of transparency. The
language appears to penalize or promote litigation against
schools, teachers, or districts. He noted that some testifiers
called the Critical Race Theory (CRT) curriculum as hidden,
which was untrue.
MR. MOSER stated that the language in SB 196 appeared to have
been copied and pasted from Christopher F. Rufo, an activist who
laid out a strategy to use "curriculum transparency" to raise
questions about what schools are trying to hide. He found
language similar to the bill's language on his website. He
offered his belief that this bill is not about transparency but
about giving political actors the ability to intimidate and
threaten teachers. He expressed concern that the language in the
bill requires teachers developing their curriculum to list their
names, which could invite intimidation, threats, and violence.
MR. MOSER expressed concern that teachers could not teach
specific historical facts in their classrooms, including that
any of the founding fathers were slaveholders, because the
language in the bill was ambiguous. He pointed out that this
bill would control the information presented to teenagers. Yet,
testimony on another bill before the legislature suggested that
14-year-olds had the right to decide whether to marry.
MR. MOSER, in closing, said he does not support the bill because
it would not provide the transparency in education that it
claims would occur.
9:47:15 AM
CHAIR HOLLAND closed public testimony on SB 196.
9:47:37 AM
SENATOR HUGHES expressed concern about the provision in [Sec.
14.18.170] that would allow the attorney general to take action
or provide an advisory opinion. She wondered how this section
would affect due process rights.
9:48:18 AM
SENATOR REINBOLD read Sec. 14.18.170(a):
The attorney general may commence a civil action in
the superior court to enjoin a state agency, school
district's governing body, charter school, or public
school from violating AS 14.18.150 or 14.18.160.
SENATOR REINBOLD said she was unsure about Senator Hughes's
concerns.
9:48:51 AM
SENATOR HUGHES referred to page 6, lines 1-3, which read:
... A person may rely on, and the attorney general may
not commence a civil action under (a) of this section
that is inconsistent with, an advisory opinion issued
under this section.
SENATOR HUGHES noted that attorneys general don't always agree.
She pointed out that an attorney general could issues an opinion
that a subsequent attorney general may not agree with but the
incoming attorney general would have to abide by it.
9:49:40 AM
SENATOR REINBOLD referred to subsection (c) on page 5, beginning
on line 28, which read:
(c) Within 60 days after receiving a complete written
request under (b) of this section, the attorney
general shall issue an advisory opinion on the
question. The attorney general may reconsider, revoke,
or modify an advisory opinion at any time, including
upon a showing that material facts were omitted or
misstated in the request for the opinion. A person may
rely on, and the attorney general may not commence a
civil action under (a) of this section that is
inconsistent with, an advisory opinion issued under
this section.
9:50:16 AM
SENATOR REINBOLD offered her view that this language provided
some flexibility. She said she would consider an amendment.
SENATOR HUGHES noted that it sounded as though the sponsor
intended that a subsequent attorney general could modify an
advisory opinion issued by an attorney general. She suggested
that this section might need clarification. She further noted
that the language used "may" rely on rather than "shall."
9:51:18 AM
SENATOR STEVENS highlighted the importance of civics education
because one of the main reasons for educational systems was to
create citizens. He asked whether civics education would not be
allowed. He referred to the language on page 4, line [23] that
read "activism or advocacy." He wondered if that would prevent
advocating that people become citizens.
SENATOR REINBOLD responded that civics can be taught. The bill
would institute some restrictions, or bookends. She offered her
belief that the Anchorage School District policies reject all
forms of racism. She indicated that was what SB 196 was
addressing. She offered her belief that teaching Critical Race
Theory (CRT) is reverse racism. She referred to an [Alaska
Public Media] article entitled "Anchorage School Board passed an
anti-racism equity policy with overwhelming support." She quoted
Dave Donley's comments in the article: He wrote that, "Critical
race theory, a form of reverse racism, is already in the
Anchorage School District with a vengeance. New proposed
'equity' and 'anti-racism' policies to be voted on April 20 may
officially empower the district's use of this discriminatory
pedagogy." She noted that Mr. Donley attempted to amend the
policy but it failed on a 1-4 vote. She said CRT typically views
white supremacy as maintaining power through culture and law.
9:54:18 AM
SENATOR REINBOLD said she included quotes from books used by the
Anchorage School District in her opening remarks. Although the
ASD says it does not teach CRT, she offered her belief that it
teaches the tenets of the theory. She read a list of books whose
authors were considered the standard bearers for the CRT
ideology. She stated that the bill would require transparency
for parental review. She said SB 196 would align with the US
Constitution and current state and federal statutes. She
highlighted that the intent of the bill was to try to prevent
extremism.
9:56:37 AM
SENATOR STEVENS surmised that they agreed on the importance of
civics in education. However, he was unsure of the definition of
some terms in the bill, including political activism or
advocacy. He asked whether he would be considered an activist if
he was a high school teacher trying to get students to vote in
an election. He asked for assurances that SB 196 would not
adversely impact civics education.
SENATOR REINBOLD responded that civics is critical. She read
paragraph 2 on page 4 to emphasize her point.
(2) direct or otherwise compel a student or a teacher,
administrator, or other employee to affirm, adopt, or
adhere to the belief or concept that
(A) the United States or the state is
fundamentally or irredeemably racist or sexist;
(B) an individual, by virtue of sex, race,
ethnicity, religion, color, or national origin,
is, consciously or unconsciously, inherently
racist, sexist, or oppressive;
(C) (an individual, by virtue of sex, race,
ethnicity, religion, color, or national origin,
is, consciously or unconsciously, inherently
racist, sexist, or oppressive;
SENATOR REINBOLD emphasized that the bill relates to a specific
area to prevent teaching divisiveness. She offered her view that
this language aligns with AS 18.
9:58:37 AM
SENATOR HUGHES acknowledged that she understood the parameters
on page 4. She referred to the language on page 3 because it was
broader. She suggested that the language in paragraph (1) might
prevent a student from writing in support of moving SB 196 from
committee. She suggested the language may need further
clarification to ensure that students can weigh in on a bill but
not be forced to take a position, allowing them to make up their
own minds. She offered her belief that civics education was
essential. She recalled the commissioner had emphasized the
importance of civics education.
10:00:39 AM
SENATOR REINBOLD responded that the language was clear. She
stated that Sections 1 and 2 of the bill provide the bookends or
parameters. She referred to page 5, which identified what was
not prohibited. She offered her belief that the bill would not
hinder civics education, and the language was very clear. The
bill would prohibit teachers from teaching curricula that were
divisive or discriminatory.
10:01:57 AM
SENATOR BEGICH expressed concern about some misinformation or
falsehoods being stated. He stated that the idea that Critical
Race Theory (CRT) was being taught was because teachers were
teaching history. He noted that the sponsor listed books that
could be taught or would not be taught. He wondered if teachers
could even teach or discuss teachings or speeches by Martin
Luther King (MLK) because he identified specific racism in
America. He emphasized that it raises the question of whether
anything could be discussed, including Jim Crowe and civil
rights laws, because these topics become questionable under the
bill's vague language.
SENATOR BEGICH said the sponsor says the bill would prevent
extremism. However, he said it would do the opposite,
specifically related to compelled speech in Sec. 14.18.160, by
giving one person the ability to say what can and can't be
taught in a classroom. He recalled one testifier had suggested
that the theory of evolution was directly connected to racism.
He was unsure of the true goal of SB 196. He indicated that the
six school board members were elected citywide, and the citizens
can reject them. Instead, the legislature would remove local
government's ability to determine how best to educate their
children. He said he thinks this bill is wrong, misguided, and
he was deeply disappointed that the committee was discussing
this bill instead of talking about helping kids to read and
solve the fiscal gap.
SENATOR REINBOLD responded that when she worked on the common
core issues, she had asked to review the ASD's books, but was
not allowed to take photos or videos of any materials. She
reiterated her belief that CRT was a form of reverse racism,
quoting excerpts from "White Fragility" by Robin DiAngelo to
illustrate her point. She stated that SB 196 would not prohibit
teaching about civil rights, rereading portions of AS 14.18.160,
paragraph (2).
10:08:22 AM
SENATOR REINBOLD reiterated that SB 196 had specific parameters
and that the bill was clearly written.
SENATOR BEGICH offered his belief that SB 196 was designed to
divide people and not unite them.
10:08:54 AM
CHAIR HOLLAND stated that he would work with the sponsor on
minor amendments, including on page 1, line 13, to ensure that
the Board of Regents was the accurate body. He said he
appreciated Senator Steven's concern about limiting student
participation because he would like to encourage student
involvement. He asked whether "White Fragility" by Robin
DiAngelo was included as part of any school district's
curriculum.
SENATOR REINBOLD responded that it was on the list of approved
books.
CHAIR HOLLAND related his understanding that the goal of SB 196
was transparency and to protect against extremes.
10:10:35 AM
SENATOR REINBOLD noted that having each classroom curriculum
posted online would provide easier access to classroom
materials.
10:11:14 AM
SENATOR HUGHES recalled reading a letter from a Black woman to
the Anchorage School District who opposed CRT because it divided
people. She said she did not recall the person's name, but it
was a compelling letter. She offered her view that one issue was
that the posted books only showed one side of the issue. She
said since then, she had been attuned to viewpoints of Black
Americans throughout the nation who think CRT goes in the wrong
direction. She opined that it was important for teachers to
teach the significance of leaders like Martin Luther King.
10:12:52 AM
SENATOR STEVENS expressed concern that the language on 1, line
13 would require the University of Alaska (UA) Board of Regents
to adopt rules. He indicated he needed to understand that
provision better because the public school system and UA were
separate.
10:13:44 AM
At ease
10:14:20 AM
CHAIR HOLLAND reconvened the meeting.
10:14:26 AM
SENATOR REINBOLD clarified that SB 196 does not include UA. She
offered her view that this provision was included because UA was
asked to comment on Common Core Standards previously being
considered. She noted that some high school students could take
college courses.
10:14:59 AM
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, stated that Legislative Legal Services (Leg
Legal) indicated that the Board of Regents is referenced in the
existing law under anti-discrimination. He noted that this new
section of law is within the same chapter but not within the
same range. He stated that Leg Legal indicated it was referenced
but it would not affect the new language being added.
MR. KING responded to a question that was raised at the last
hearing about whether the Board of Education or the school
districts had the authority to adopt regulations on the new
language. He informed members that existing law provides broad
authority throughout the chapter to adopt regulations, so it was
not an issue.
10:16:09 AM
SENATOR REINBOLD remarked that SB 196 was meant to unite people
based on the foundations and principles of the US Constitution
and existing statutes in AS 14 and AS 18. She offered her belief
that some extremism has infiltrated the schools and this bill
would address it.
10:16:48 AM
CHAIR HOLLAND held SB 196 in committee.
10:17:00 AM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Education Standing Committee
meeting at 10:17 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 196 Kevina Mitchell testimony to asd board.pdf |
SEDC 4/4/2022 9:00:00 AM |
SB 196 |
| SB 196 Written Public Testimony - SEDC 4.4.22.pdf |
SEDC 4/4/2022 9:00:00 AM |
SB 196 |