02/03/2021 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB14 | |
| Overview: Disaster Declaration - Extensions & Liability Related to Covid-19 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | SB 14 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 3, 2021
1:36 p.m.
MEMBERS PRESENT
Senator Lora Reinbold, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Roger Holland
Representative Andy Josephson
COMMITTEE CALENDAR
SENATE BILL NO. 14
"An Act relating to the selection and retention of judicial
officers for the court of appeals and the district court and of
magistrates; relating to the duties of the judicial council;
relating to the duties of the Commission on Judicial Conduct;
and relating to retention or rejection of a judicial officer."
HEARD AND HELD
OVERVIEW: DISASTER DECLARATION~ EXTENSIONS & LIABILITY RELATED
TO COVID-19
HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 14
SHORT TITLE: SELECTION AND REVIEW OF JUDGES
SPONSOR(s): SENATOR(s) SHOWER
01/22/21 (S) PREFILE RELEASED 1/8/21
01/22/21 (S) READ THE FIRST TIME - REFERRALS
01/22/21 (S) JUD
02/03/21 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SCOTT OGAN, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a sectional analysis on SB 14.
KATHLEEN CAMPBELL, representing self
Eagle River, Alaska
POSITION STATEMENT: Testified on the impacts of COVID-19
mandates from a teacher's perspective.
SARAH PRICE, Student
Eagle River High School
Anchorage School District
Eagle River, Alaska
POSITION STATEMENT: Testified on the impacts of COVID-19
mandates from a student's perspective.
ACTION NARRATIVE
1:36:46 PM
CHAIR LORA REINBOLD called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Hughes, Shower, Myers, Kiehl and Chair
Reinbold.
CHAIR REINBOLD recognized Representative Andy Josephson.
SB 14-SELECTION AND REVIEW OF JUDGES
1:38:24 PM
CHAIR REINBOLD announced the consideration of SENATE BILL NO.
14, "An Act relating to the selection and retention of judicial
officers for the court of appeals and the district court and of
magistrates; relating to the duties of the judicial council;
relating to the duties of the Commission on Judicial Conduct;
and relating to retention or rejection of a judicial officer."
1:38:44 PM
CHAIR REINBOLD recognized Senator Holland.
1:39:47 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, introduced himself.
1:40:00 PM
SENATOR SHOWER introduced SB 14. He read the sponsor statement,
as follows [Original punctuation provided]:
Alaska's constitution is clear, Superior Court Judges
and Supreme Court Justices must be vetted by the
Judicial Council and the Governor can only select from
a list of two or more submitted by the Judicial
Council. However, the Constitution also left the door
open for legislative discretion with jurisdictional
issues with how Appellate Court and magistrates are
selected and how all judges are screened. Currently,
the Judicial Council prescribes 100% of the screening
criteria. One section of this bill gives direction to
the Judicial Council on that subject.
Currently, Magistrates serve at the discretion of the
Chief Justice, and Appellate Court Judges are
nominated in a statute defined process that mirrors the
Constitutional Judicial Council process. The Judicial
Council is structured to give a permanent majority of
Bar members the control of who gets to be a judge or
Justice. Additionally, judge's names are subject to a
Bar member-controlled prescreening process. Bar
members are appointed internally by the Bar with no
legislative or administrative oversight. Non-Bar
members (the public) are in a minority position to
influence final decisions.
1:41:26 PM
SENATOR SHOWER remarked that this essentially meant that three
attorneys and three non-attorneys, with the Alaska Supreme Court
justice acting as tie-breaker, could make the final decision or
basically that four attorneys make the final decisions on
judges.
1:41:43 PM
SENATOR SHOWER continued to read the sponsor statement:
Senate Bill 14 strikes more of a balance in letting the
governor and the people have a small say in who sits in
judgment on the bench when they appear before them. It
allows the governor to appoint and the legislature to
confirm who fills magistrates and appellate judges. It
still allows the JC to recommend candidates, but the
governor does not have to appoint them. The governor
can appoint his own appellate judges.
1:42:05 PM
This bill also takes the judicial retention rating
process from the Judicial Council, and gives it to the
Commission on Judicial Conduct, as the Judicial
Council ratings tend to be noncritical. The CJC
receives complaints about judges, and they are the
best qualified to rate them.
With judicial elections deemed "nonpartisan" virtually
no political effort or mechanism to mount such effort,
is ever directed toward educating the public about
activist judges during their retention election.
A conflict of interest may arise with evaluating
attorneys because when lawyers on the Council rates a
judge with a critical rating, will that lawyer ever
get a fair hearing before that judge? It has to be a
factor in the backs of their minds.
The sponsor respectfully suggests that lawyers may
have a conflict of interest when they rate judges for
retention. The Sponsor also very respectfully suggests
that a better group to write reviews of a judge's
performance would be the Commission on Judicial
Conduct. They are the people that field complaints
about judges. Critics of this legislation will say it
politicizes the process. But with recent rulings
affecting political races, that ignore or nullify
clear legislative intent, there is little doubt the
justice process is politicized and needs some balance
from the representatives and governors that the people
elect.
1:43:42 PM
At ease
1:44:15 PM
CHAIR REINBOLD reconvened the meeting. She said she was having a
hard time hearing the sponsor's testimony. She said people must
socially distance themselves in committee, but she will allow
people to remove their masks.
SENATOR SHOWER agreed to remove his mask. He asked if he should
repeat his testimony, but no one answered.
1:45:06 PM
MR. OGAN read the sectional analysis for SB 14.
[Original punctuation provided:
Section 1. Amends AS 15.15.030(10) by adding
magistrates to the nonpartisan ballot designed for
each judicial district in which a justice, judge, or
magistrate is seeking retention.
Section 2. Amends AS 15.35.100 by making magistrates
subject to retention election.
Section 3. Amends AS 15.35.110 by requiring a
magistrate seeking retention to file a declaration of
candidacy for retention.
Section 4. Amends AS 15.35.120 by requiring the
director of elections to place the name of a
magistrate seeking retention to pay a $30 filing fee.
Section 5. Amends AS 15.35.130 by requiring the
director of elections to place the name of a
magistrate who has properly filed a declaration of
candidacy on the ballot in the judicial district
designated in the declaration of candidacy.
1:46:14 PM
Section 6. Amends AS 15.35.135 by permitting a
magistrate to withdraw from candidacy for retention in
writing unless the notice of withdrawal is received
less than 64 days before the date of the election.
Section 7. Amends AS 15.58.050 by requiring that the
Commission on Judicial Conduct, rather than the
Judicial Council, file a statement with the lieutenant
governor that includes information about each supreme
court justice, court of appeals judge, superior court
judge, district court judge, and magistrate who will
be subject to a retention election.
1:47:01 PM
Section 8. Amends AS 15.58.060(a) by requiring
magistrate judges seeking retention to pay a $150 fee
to the lieutenant governor at the time of filing under
AS 15.58.
Sections 9 and 10. Amends AS 15.58.060(c) and AS
22.05.100 by replacing "Judicial Council" with
"Commission on Judicial Conduct."
Section 11. Amends AS 22.07.060 by authorizing the
Commission on Judicial Conduct, rather than the
Judicial Council, to conduct an evaluation and provide
information and a recommendation regarding a court of
appeals judge subject to retention election. Adds
magistrate to the positions a judge may not be
appointed to for four years following rejection of the
judge's candidacy.
1:48:12 PM
MR. OGAN continued:
Section 12. Amends AS 22.07.070(b) by allowing the
Judicial Council to submit the name of a judicial
candidate to the governor for consideration for the
court of appeals only if the council determines that
the candidate understands and is committed to strict
constitutional interpretation of statutes and
regulations and adhering to legislative intent. Amends
AS 22.07.070(a) by allowing the governor to appoint a
person who was not nominated by the council, but is
qualified under AS 22.07.040, requiring confirmation
by a majority of the members of the legislature
meeting in joint session, and making an appointment
effective upon the later of either legislative
confirmation or actual vacancy.
1:49:11 PM
Section 13. Amends AS 22.10.150 by authorizing the
Commission on Judicial Conduct, rather than the
Judicial Council, to conduct an evaluation and provide
information and a recommendation regarding a superior
court judge subject to retention election.
Section 14. Amends AS 22.15.170(a) by allowing the
governor to appoint a person to a district court or
magistrate vacancy who was not nominated by the
Judicial Council, but is qualified under AS 22.15.160,
requiring confirmation by a majority of the members of
the legislature meeting in joint session, and making
an appointment effective upon the later of either
legislature confirmation or actual vacancy.
1:50:09 PM
MR. OGAN continued:
Section 15. Amends AS 22.15.170(e) by allowing the
Judicial Council to submit the name of a judicial
candidate to the governor for a district court or
magistrate position only if the council determines the
judicial candidate understands and is committed to
strict constitutional interpretation of statutes and
regulations and adhering to legislative intent.
Section 16. Amends AS 22.15.195 by authorizing the
Commission on Judicial Conduct, rather than the
Judicial Council, to conduct an evaluation and provide
information and a recommendation regarding district
court and magistrate judges subject to retention
election.
1:50:55 PM
Section 17. Amends AS 22.15.205 to allow the
impeachment of magistrates.
Section 18. Amends AS 22.30.011(a) to allow an inquiry
into the potential misconduct of a magistrate.
Section 19. Amends AS 22.30.011(b) to allow the
Commission on Judicial Conduct to exonerate or
admonish a magistrate or recommend counseling and to
hold a disciplinary hearing to consider potential
misconduct of a magistrate.
Section 20. Amends AS 22.30.011(c) to entitle a
magistrate to counsel at a hearing before the
Commission on Judicial Conduct.
Section 21. Amends AS 22.30.011(d) to allow for the
exoneration or discipline of a magistrate after a
hearing described in AS 22.30.011(b).
1:52:02 PM
Section 22. Amends AS 22.30.011(g) to allow an
exonerated magistrate to request that the Commission
on Judicial Conduct's proceedings and report be made
public.
Section 23. Amends AS 22.30.070 to provide for the
disqualification, suspension, removal, retirement, and
censure of a magistrate.
1:52:32 PM
MR. OGAN continued:
Section 24. Amends AS 22.35 by adding a new section
prohibiting the use of state funds to support or
oppose the retention or rejection of a judicial
officer in an election under AS 15. This section does
not apply to the duties of the Commission on Judicial
Conduct under AS 15.58.050, AS 22.05.100, AS
22.07.060, AS 22.10.150, and AS 22.15.195.
Section 25. Repeals AS 22.15.170(c), AS 22.15.170(d),
and AS 22.30.011(h).
1:54:10 PM
SENATOR MYERS referred to Section 25. He asked why the bill
would repeal AS 22.30.011(h). He said this provision creates the
reports for judicial conduct, which should be retained.
SENATOR SHOWER deferred to his staff to respond to any technical
questions.
1:55:24 PM
MR. OGAN offered to confer with the Legislative Legal Services
attorney and report back to the committee.
1:56:45 PM
SENATOR HUGHES related that many of her constituents have raised
concerns. She said one could argue that this will politicize the
process, but she does not see it that way. The process has
already been somewhat politicized. She asked about moving the
duties from the Alaska Judicial Council to the Alaska Judicial
Conduct Commission (AJCC). She indicated that the AJCC is
comprised of three justices or judges, three attorneys, and
three members of the public. This means the AJCC consists of six
attorneys and three public members, she said. She asked for the
composition of the AJC.
SENATOR SHOWER said the AJC is composed of six members, with
three selected by the Alaska Bar Association and three non-
attorney members. In the case of a tie, the Supreme Court chief
justice would cast the tie-breaking vote.
SENATOR HUGHES pointed out that SB 14 would effectively change
the decision-making ability to six attorneys and three public
members. She asked whether the AJCC would have information on
every judicial appointee or judge coming before them. She stated
that the AJCC considers complaints against judges. She asked
whether the sponsor would be open to some type of combination of
duties, such as both the commission and council would have
duties.
SENATOR SHOWER answered that the bill addresses this. The AJC
would still provide information. AJCC consists of nine members,
but the bill does not restrict members to select the names of
potential judges. Under the bill, the AJC would make
recommendations based on the [nominee's or judge's] record
rather than the [Alaska Bar Association] making the decisions.
Finally, the legislature, consisting of elected officials, would
have the final say. He offered his view that the current process
is already politicized, but SB 14 would provide more balance,
providing public input.
2:02:43 PM
MR. OGAN said he could not recall AJC providing any critical
views on [prospective judges] and judges. He suggested that the
current system creates a bit of a conflict. Since the AJCC makes
determinations on complaints about judges, it makes more sense
for the AJC to evaluate and recommend judges. He said he is not
opposed to Senator Hughes's suggestion to create a hybrid. He
stated that this bill would not change the selection structure
for Supreme Court justices or superior court judges. This bill
relates to selection and retention for the court of appeals,
district court, and magistrates.
2:05:34 PM
SENATOR SHOWER advised members that he is open to amendments to
improve the bill.
2:06:30 PM
SENATOR KIEHL said he looks forward to hearing from the Alaska
Court System at a later date. Although the sponsor's staff could
not recall the AJC ever issuing any negative reviews on judges,
at least three instances occurred in recent years in the
communities of Bethel, Anchorage, and Kenai. He stated that SB
14 would treat some courts differently than others. He
questioned why the bill would set up a bifurcated system and not
include all judges.
SENATOR SHOWER argued that the current system is politicized and
gave an example. He then explained that to address all courts
would require changing the Alaska Constitution, which would be
difficult. He favored having the legislature exercise its
constitutional authority by appointing judges to the lower
courts. He said he will continue to work on a constitutional
amendment, but it may only have a slim chance of passing.
2:09:13 PM
MR. OGAN opined that the constitutional founders were clear in
establishing the Superior Court and ASC appointment process. The
founders gave future legislatures discretion since changes might
be necessary as the state grew. The bill would establish a
bifurcated system because of the prescriptive constitutional
sideboards. He offered his belief that clear constitutional
authority allows the legislature to establish the court
jurisdictions as it sees fit.
He characterized SB 14 as providing a better balance in the
selection and retention process. He said the appellate judges
handle criminal cases although [the sponsor] is considering an
amendment to include civil cases. When a person loses his/her
court case, the person can appeal it to the ASC, but that appeal
will be limited to issues in which the lower court erred in
interpreting a statute or constitutional provision. However, the
court cannot consider additional factual information that may
arise. Adding civil cases would allow a second opinion, which is
closer to how the federal court system operates. At the
Department of Natural Resources (DNR), where he previously
worked, he often appeared in federal district court and appeals
would go to two levels of appeals court, a 3-member panel or an
11-member circuit court, prior to an appeal to the US Supreme
Court. This bill moves more toward that federal process. The
bill would also ask the AJC to evaluate whether a judge could
consider strict interpretation of statutes, regulations, and the
Constitution of the State of Alaska. He reiterated that it would
provide for a more balanced approach.
2:14:04 PM
At ease
2:15:24 PM
CHAIR REINBOLD reconvened the meeting.
2:15:39 PM
SENATOR KIEHL disagreed with the sponsor that the process is
politicized.
He asked for further clarification of the terms, "a strict
constitutional interpretation and "adhering to legislative
intent." He related his understanding that those terms tend to
be judicial philosophies in conflict.
2:16:56 PM
CHAIR REINBOLD remarked that legislative bills are not supposed
to conflict with the constitution, so she did not see any issue
with the terms.
2:17:09 PM
SENATOR SHOWER continued to press his point that the process is
politicized and how it happened. Still, he acknowledged it is a
matter of interpretation. He asked his staff to speak to the
terms listed in the bill.
MR. OGAN said the language regarding strict interpretation is in
the bill because of some recent cases. The legislature does not
currently give any direction to the AJC.
SENATOR SHOWER offered to provide additional information on the
terms at a later date since time is limited today.
CHAIR REINBOLD held SB 14 in committee.
2:20:24 PM
At ease
^OVERVIEW: DISASTER DECLARATION - EXTENSIONS & LIABILITY RELATED
TO COVID-19
OVERVIEW: DISASTER DECLARATION - EXTENSIONS & LIABILITY RELATED
TO COVID 19
2:21:14 PM
CHAIR REINBOLD reconvened the meeting and announced the next
item for consideration, OVERVIEW: DISASTER DECLARATION~
EXTENSIONS & LIABILITY RELATED TO COVID-19. She turned to
invited testimony to give a perspective on the COVID-19 mandates
on teachers and students. She introduced Kathleen Campbell, who
has taught at Eagle River High School for twenty years. She said
Ms. Campbell was her mentor when she served as a substitute
teacher.
2:23:09 PM
KATHLEEN CAMPBELL, representing self, Eagle River, Alaska, said
she would provide comments on the impact of the series of
emergency executive emergency disaster declarations from a
teacher's perspective.
MS. CAMPBELL expressed concern that missing classroom experience
during the COVID-19 school closures has adversely affected
student academic development and advancement. She said the
school districts could not respond quickly to virtual Zoom
learning so ASD [Anchorage School District] students missed
planned instruction, including 20th-Century history. These
students missed civil rights instruction so when the January 6
riots happened; students lacked context.
She estimated that students essentially missed six weeks of
contact time. Teachers were teaching four 90-minute Zoom
sessions per week during the semester. Instead of 36 weeks of
instruction, the courses were condensed into two 8.5 week
sessions. Students did not have the means to make up sessions.
Students who did not readily understand the material generally
lacked teacher access. However, she provided her phone number to
students for help.
MS. CAMPBELL pointed out that cheating has escalated because
students can search the internet for answers. She expressed
concern that students missed out on interpersonal communication
skills and collaborative work, including events such as proms,
athletic banquets and other extra-curricular activities.
2:31:47 PM
MS. CAMPBELL expressed concern about student safety since
teachers are trained to recognize child abuse. She said some
students being taught at home were at risk in their homes.
Lastly, she expressed alarm that screen time during COVID-19
reportedly increased by at least 60 percent.
2:34:41 PM
CHAIR REINBOLD recapped the problems for students during the
pandemic, including that student screen time increased by 60-70
percent, high-risk children lacked teacher intervention, social
interaction was interrupted and subject content was lost.
CHAIR REINBOLD asked how many teachers currently work in the
Eagle River High School building.
MS. CAMPBELL answered that she has physically been in the
building most days and routinely saw three to five teachers.
Several weeks ago, after some underachieving students returned
to the school for labs it increased to 8-9 teachers working in-
person.
2:36:58 PM
SENATOR SHOWER asked if she had any suggests or solutions to
improve things.
MS. CAMPBELL emphasized the need to assess risk, open brick-and-
mortar schools as soon as possible and reduce the number of
students per classroom to allow teachers to provide individual
attention. She remarked that some Advanced Placement (AP)
students dropped out from a lack of teacher support. She stated
that teachers have options to provide for student safety from
COVID-19. For example, plastic barriers could be installed
around desks. She expressed concern that students are falling
behind academically and recommended extending the academic
school year as a remedy.
2:40:45 PM
SENATOR HUGHES reported that the Mat-Su Valley Borough School
District (MSBSD) did not close its schools. She has heard
anecdotally that some Anchorage families have established
temporary residence in the Mat-Su to allow their children to
enroll in school in the valley. When a COVID-19 case arises, the
schools shift to online classes and then shift back after the
quarantine. This transition has gone quite smoothly, she said.
She predicted this will result in better academic achievement in
the MSBSD as compared to other districts. She asked if any
teachers have expressed an interest in working in the MSBSD to
teach in-person classes. She offered that the Anchorage mayor
and school board appear to be subject to home rule. She
understood that the Anchorage School Board (ASB) closed the
Anchorage schools, not the Anchorage Assembly.
MS. CAMPBELL answered that all ASB members except for one
supported closure. From her perspective, keeping the MSVSD's
schools open has worked well. Some teachers, but not the
majority, would like face-to-face teaching. However, the
teacher's union has a lot of power and some teachers do side
with the union, she said. She indeed would have decided to
transfer to the valley rather than do online teaching.
2:43:32 PM
CHAIR REINBOLD stated that Ms. Campbell's views align with the
Great Barrington Declaration, a paper based on Sweden's model.
She said her constituents expressed concern that students are
failing. She advised members that the attorney general approved
the disaster declarations and mandates.
2:44:55 PM
CHAIR REINBOLD asked if she would be a resource for the Senate
Education Committee.
MS. CAMPBELL agreed.
2:45:39 PM
CHAIR REINBOLD introduced an Eagle River High School student.
2:47:19 PM
SARAH PRICE, Student, Eagle River High School, Anchorage School
District, Eagle River, Alaska, gave a student's perspective on
the effects of mandates. She read her testimony:
[Original punctuation provided]
My name is Sarah Price and I am a junior from Eagle
River High School. I am here today because my
education and the safety of Alaska's children has been
made into a political game. This committee job is to
uphold our laws and fulfill your oath of office to
defend not only our national constitution, but our
state one as well. In Article 7 Section 1 of Alaska's
constitution. It defines the legislature's
responsibility to "by general law establish and
maintain a system of public schools open to all
children of the State." Over the last 10 months school
which was supposed to serve as every child's safe
haven and a source of equal opportunity has diminished
to a virtual system in which with mental health
issues, discrimination, and neglect are seen as the
new normal. When local district and school boards fail
this responsibility, the duty to protect our children
falls on you.
2:47:55 PM
In March 2020, schools everywhere were closed because
we truly did not know what this virus would bring, but
now we do know, and we know schools are safe. The CDC
and WHO have recommended since the summer that if
possible, communities should send their students back
without delay as "the harms attributed to closed
schools on the social, emotional, and behavioral
health, economic well-being, and academic achievement
of children, in both the short- and long-term, are
well-known and significant." From NY to Texas and
Washington to Florida children have been back in
school for months, so why not all of Alaska?
In the Anchorage School District, the largest district
in the state, they have fallen back on every back to
school plan they have made. In the fall they told the
community this was for our safety, but upon inquiry of
top administrators, I was informed that it was the
teacher unions who would not let them reopen. Despite
all that has changed in our community, the same is
true today, and they have exploited the citizens'
concerns of COVID-19 to keep our doors shut. However,
the reality of children with COVID-19 in Alaska is
that the ages of 0-19 makeup 27.5 percent of the
population yet only 18.5 percent of all cases, 1.6
percent of hospitalization, and 0 percent of deaths.
Through closing schools, they are not saving lives,
they are ruining tens of thousands.
It is well known and thoroughly analyzed that virtual
school is not an efficient method of education. In the
Anchorage School District failure rates and
absenteeism has doubled in every grade, while in the
groups of economically disadvantaged, minorities, and
disabled students these numbers are even higher. Even
before COVID-19 High School students in my district
were 64 percent and 73 percent below proficient in
Language Arts and Mathematics. Nationally, Alaska
falls 46th in mathematics, 49th in Language Arts, and
50th overall. There is no 51st place, we cannot afford
this kind of academic decline.
2:50:11 PM
And while these grades alone may shock you, I can tell
you that far more students can no longer find the
motivation to do their work or see a purpose in their
lives.
The real safety hazard caused by failed administrative
leadership is keeping adolescents in despondent
conditions where depression is catalyzed and at home
abuse goes unseen. We live in a State where suicide is
the 2nd leading cause of adolescent deaths and abuse
is far too common. As a result of school closure both
these have increased, except you cannot tell through a
zoom camera whether someone is suffering--and many
are. Other students and I have witnessed a wave of
depression and suicidal thoughts spread through our
young community. I could sit here and tell you the
tragic stories of students in my community getting on
medication and going to therapy instead of school,
friends who must constantly convince each other it
will get better, and those who we could not save and
took their lives, but we do not have enough time.
Knowing for several months what children are enduring
alone, only in this last week did my district allow k-
2 back. They stated that students do not learn and
they need socialization, however, for the other 32,000
students they have deemed these conditions acceptable.
2:51:23 PM
The legislature fulfilled its Constitutional duties
when they created AS 14.03.010, however, if
superintendents are allowed to abuse AS 14.03.030 to
keep our schools closed in the interest of teacher
unions, and if school board members do not have to
fulfil their oaths of office as designated in AS
14.12.090, then your efforts nullified. It is up to
you to make sure these laws are followed and act
accordingly when they are violated.
As representatives of the people, you must come
together and stand up to protect our most valuable
assets: our children. Teacher unions, politics, and
personal agendas must be put aside and we must come
together as Alaskans to ensure that every child has a
safe place and the opportunities to obtain an
education regardless of their zip code or age. Most
students are too young or too exhausted to stand up
for themselves, so will you stand up for those who do
not yet have a voice?
2:52:51 PM
SENATOR SHOWER commended her testimony. He appreciated her
raising the issue of domestic violence, depression, and suicide.
He hoped she would continue as a student advocate. He
acknowledged that the legislature needed to hear suggestions and
understand what students need.
2:55:21 PM
SENATOR KIEHL commended her testimony. He appreciated that she
provided citations because many testifiers do not do so. He gave
an example.
SENATOR KIEHL pointed out that Article 7, Constitution of the
State of Alaska, requires the state to provide for public health
and welfare. Although Sweden and the United Kingdom kept their
schools open, these countries discovered that students brought
the virus home to their parents and grandparents. This has had
terrible consequences, he said. He asked how the legislature
should balance providing for vulnerable Alaskans' public health
and welfare with students' social and educational needs.
MS. PRICE answered that risk analysis was important. In this
one, while her heart goes out to the vulnerable, students want
the choice to attend school. No one is being forced to go back
to school, she said. However, the large majority of the people
who recovered from COVID-19 did not suffer any symptoms. She
continued to press her point that students should have the
option to attend in-person school. She argued that the harms of
virtual learning far outweigh any risk of spreading COVID-19.
She offered her belief that students do not bring COVID-19 from
school to home. Instead, studies have shown that the virus is
spread at home and later brought to school. In her school
district, 80 percent of families considered these risks and
chose to send their children to school because of the benefits.
She stated that more kids die from suicide than COVID-19.
2:59:00 PM
SENATOR HUGHES gave her an "A+" on that response. She indicated
that families with a vulnerable member can make the choice. She
said the ASD has options for public and private correspondence
and homeschool. She encouraged her to speak before the Anchorage
School Board and Anchorage Assembly since school closure
decisions are made by them.
MS. PRICE answered that she has called or met with the Anchorage
School Board members during the last five months. She reported
that one or two members said they were eager to have students
return, but others had safety concerns. Cases and
hospitalizations have dropped by 50 percent. She said she has
heard anecdotally that the teacher's union is responsible for
keeping the district schools closed and that teachers do not
want to work. She expressed concern that fostering fear also
keeps the schools closed. She acknowledged that it is difficult
to investigate this. She continued to press her position that it
is important to open schools as soon as possible for the sake of
the communities.
3:02:07 PM
HAIR REINBOLD spoke in opposition to the disaster declarations
and will oppose legislation to do so. She restated her concern
that she cannot bear to see the collateral damage and ongoing
suffering in her community, including suicides. She
congratulated the Mat-Su district for keeping the schools open
without a mask policy. She continued to press her position on
the Great Barrington Declaration that provides focused
protection for vulnerable populations.
3:05:45 PM
There being no further business to come before the committee,
Chair Reinbold adjourned the Senate Judiciary Standing Committee
meeting at 3:05 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 14 - Sponsor Statement.pdf |
SJUD 2/3/2021 1:30:00 PM |
SB 14 |
| SB 14 ACJC Brochure (002).pdf |
SJUD 2/3/2021 1:30:00 PM |
SB 14 |
| SB 14 Sectional Analysis.pdf |
SJUD 2/3/2021 1:30:00 PM |
SB 14 |
| SB14.pdf |
SJUD 2/3/2021 1:30:00 PM |
SB 14 |