SB 89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE  4:25:34 PM CHAIR DUNLEAVY announced the consideration of committee substitute for SB 89, version 29-LS0735\P, noting that it was adopted on 4/2/15. SENATOR HUGGINS moved to adopt Amendment 1, labeled 29- LS0735\P.1: AMENDMENT 1  Page 1, line 9, following "(1)": Insert "recognizing the authority of and" Page 1, line 11, following "(2)": Insert "recognizing the authority of and" Page 1, line 12: Delete "performance standard," Page 2, line 4: Delete "one month" Insert "six weeks" Delete "performance standard," Page 2, line 7: Delete "performance standard," Page 2, line 8, following "(4)": Insert "recognizing the authority of and" Page 2, line 9: Delete "performance standard," Page 2, line 15: Delete "performance standard," Page 2, line 20: Delete "performance standards," Page 2, line 22: Delete "performance standard," Page 2, line 25, following "each": Insert "separate" Page 2, line 25: Delete "performance standard," CHAIR DUNLEAVY objected for discussion purposes. BETHANY MARCUM, Staff, Senator Mike Dunleavy, Alaska State Legislature, read the explanation for Amendment 1: Replace "allowing" with "recognizing the authority of and allowing" on lines 9 and 11 of page 1, and line 8 of page 2 to reinforce that parental rights are inherent. Remove the phrase "performance standard" in 8 places and keep it in 1 place to clarify awkward syntax. Replace "one month" with "six weeks" on line 4 of page 2 to give school districts a more flexible duration of time for collecting permission from parents. Add the word "separate" on line 25 of page 2 for clarity. 4:28:26 PM CHAIR DUNLEAVY asked if anyone had any questions. 4:28:46 PM At ease 4:30:10 PM CHAIR DUNLEAVY reconvened the meeting. MS. MARCUM noted that the word "allowing" is the only major change in the bill. CHAIR DUNLEAVY removed his objection and Amendment 1 was adopted. 4:31:21 PM SENATOR HUGGINS moved to adopt Amendment 2, labeled 29- LS0735\P.2: AMENDMENT 2  Page 1, line 1: Delete "and" Page 1, line 2, following "school": Insert "; prohibiting a school district from  contracting with an abortion services provider; and  prohibiting a school district from allowing an  abortion services provider to furnish course materials  or provide instruction concerning sexuality or  sexually transmitted diseases" Page 3, following line 1: Insert a new bill section to read:  "* Sec. 2. AS 14.03.083 is amended by adding a new subsection to read: (e) A school district and an educational services organization that has a contract with a school district may not contract with an abortion services provider." Renumber the following bill section accordingly. Page 2, following line 16: Insert a new bill section to read:  "* Sec. 5. AS 14.30.360 is amended by adding a new subsection to read: (c) A school district may not permit an abortion services provider or an employee or volunteer of an abortion services provider to offer, sponsor, furnish course materials, or provide instruction relating to human sexuality or sexually transmitted diseases." CHAIR DUNLEAVY objected. BETHANY MARCUM explained that Amendment 2: Would prevent abortion service providers from contracting with school districts and educational service organizations. Would prohibit abortion service providers from supplying materials to school districts on human sexuality and sexually transmitted diseases. Abortion services providers would not be permitted to provide instruction on sexually transmitted diseases and sexuality to school districts. 4:32:30 PM SENATOR GARDNER asked if would make more sense to tell a school district what issues they are allowed to address so they don't authorize materials that contravene those issues. She suggested that a religious organization might provide materials that might be objectionable, in principle, under this amendment. She emphasized that the issue is not who provides the materials, it is the material being provided. She concluded that the underlying interest is in having control over what kind of materials and information are provided. She asked if that is correct. CHAIR DUNLEAVY said yes, but also not having industry representatives in the school. SENATOR GARDNER asked if the objection is to the industry or the materials. CHAIR DUNLEAVY said the objection is to the message in the school for a captive audience. He said parents believe their kids are going to school to learn the Three R's. He wants to have discussions regarding certain topics at home, not in school. He opined that school is not an appropriate venue for this topic or industry. SENATOR GARDNER asked what happens if it were a condom manufacturer or birth control pharmaceutical company providing information about sexuality or sexually transmitted diseases. CHAIR DUNLEAVY said it is a good question. 4:35:30 PM SENATOR GIESSEL said they are talking about an industry coming into schools to market a product to a captive audience. She thought the same philosophy would apply to other companies. CHAIR DUNLEAVY said the topic is not shared by all parents of the captive audience. SENATOR GARDNER maintained that it is not about the marketing of the product, which is not addressed by the language in the amendment, it is about the provider. She opined, given the strong language about options for parents to withdraw or not have children participate in any instruction concerning sexuality or sexually transmitted disease, and parents' right to review the materials beforehand, this language is not needed. A parent who has concerns can opt out. She stated that the amendment clearly is targeted for one particular organization. If you object to the organization, that's one thing, but a bunch of different organizations might provide objectionable material for any number of reasons. Parents already have every opportunity to know what is happening and when it is happening and can choose to not provide active consent. 4:37:53 PM SENATOR GIESSEL referred to page 1, line 2, where it discusses contracting with a provider who provides medical service and promoting the medical services to minors. That would require parental consent. She concluded that medical intervention is being discussed. CHAIR DUNLEAVY added, in some ways, we don't know what is being discussed. He said that he and others feel that schools are not an appropriate place for this industry's marketing. Kids need to learn content in schools. There is not enough time to do everything and some things should not be happening in schools. 4:40:19 PM SENATOR GARDNER suggested saying schools may not provide materials or instruction about sexuality and sexually transmitted diseases at all. CHAIR DUNLEAVY asked if Senator Gardner is offering an amendment. SENATOR GARDNER said no. She opined that there are times when that information should be available to students, such as from school nurses. There is an appropriate time to discuss those issues. She emphasized that the subtext of what has been proposed is that those topics do not belong in schools and the focus should be on reading, writing, and arithmetic. SENATOR HUGGINS spoke of schools needing written permission from parents for school nurses to dispense aspirin. He submitted that school staff should not act as medical practitioners. This bill reinforces that. SENATOR GIESSEL stated that there is a distinct difference between an educator in the school and an individual from outside the school who works for a company or industry and promotes their business and industry. The bill attempts to address that in science class a teacher in presents unbiased facts and the school would inform parents of controversial issues and there would be a consent procedure. 4:44:01 PM SENATOR GARDNER stated that Amendment 2 is about keeping Planned Parenthood out of schools. She argued, "If you want students to not be provided information on materials about sexuality or about sexually transmitted diseases in schools, then just say that. If you want the material to comply to the unbiased and approved, say that. If you want parents to know about it and give written permission for it, the bill already does that, with or without this amendment." She stated that she does not see any point to the amendment. CHAIR DUNLEAVY said it was a good discussion. SENATOR HUGGINS suggested there should be a separation of Planned Parenthood and school. SENATOR GARDNER said that is a different discussion. If the goal is to prevent outsiders, or un-vetted material, or biased material, many organizations could be listed without really capturing what you want. What you want is that the material is approved, not unbiased, and provided by qualified, competent people, she said. CHAIR DUNLEAVY said it was a good discussion. He removed his objection to Amendment 2. SENATOR GARDNER objected. A roll call vote was taken. Senators Stevens, Huggins, Giessel, and Dunleavy voted in favor of adopting Amendment 2 to SB 89, and Senator Gardner voted against it. Therefore, Amendment 2 was adopted by a 4 to 1 vote. CHAIR DUNLEAVY opened public testimony. 4:47:28 PM LINCOLN SAITO, Chief Operating Officer, North Slope Borough School District, testified against SB 89. He said it encroaches on the local school board's rights. People from the Regional Corporation and non-profit corporations are welcome to come into the schools to speak to students and do demonstrations and surveys. It is the local school district's right to control who goes into schools. He also objected to requiring written permission for surveys. 4:49:37 PM At ease 4:49:56 PM JON WATTS, representing himself, testified in support of SB 89. He said he is a member of a group called Alaskans Against the Common Core. He spoke of privacy rights of parents and opposition to the sharing of data by districts with outside organizations. 4:52:27 PM MONICA WATTS, representing herself, testified in support of SB 89. She voiced concern about Department of Education and Early Development (DEED) restrictions on parents to make decisions concerning their children. 4:53:36 PM ALLISON CURRY, Staff, Planned Parenthood, testified in opposition to SB 89. She said, as a reproductive health care provider and a sexual health educator, Planned Parenthood sees the devastating effects of sexual abuse and sexually transmitted infections every day. While the bill appears to be about parental rights, it does have dangerous consequences that put the health and future of youth at risk, especially youth with absent or disengaged parents. Parental involvement in their children's education is vital and it should be encouraged. However, Alaska has a child sexual abuse rate that is six times higher than the national average. Alaska also continues to lead the nation with the highest sexually transmitted infection (STI) rates. Teens are at the highest rates for infection. In 2013, 63 percent of new cases of chlamydia were in 15 to 19 year-olds. MS. CURRY said we should be working together to ensure that Alaska youth has the resources and information they need to lead healthy and productive lives. She opined that SB 89 does the opposite of that. The bill would affect access not only to sexual health education, but also extends to education on sexual assault and awareness like in Erin's Law. She said that Planned Parenthood does work closely with some schools, community organizations, and other social service agencies in Alaska to provide a variety of educational opportunities that are tailored for each community. Subjects that Planned Parenthood teaches are prevention, healthy relationships, consent, values and boundaries, as well as pregnancy prevention. By targeting providers of a safe and legal service, who are also qualified providers of sexual health education, this bill is cutting Alaska students off from the education and information they need to make smart choices about their health. Comprehensive sex education has consistently proven to delay the onset of sexual activity and lower rates of STI's, as well as lower teen pregnancy rates. She concluded that we cannot afford to limit access to the tools that kids need to make healthy choices. She asked the committee to consider the health and safety of all Alaskan youth and pull SB 89 from consideration. SENATOR GARDNER asked about chlamydia and teen pregnancy rates in Alaska. MS. CURRY said Alaska has twice the national average for chlamydia rates, and higher rates than that in some areas. She said she would have to follow up with teen pregnancy rate information. CHAIR DUNLEAVY asked how long Planned Parenthood has been in Alaska. MS. CURRY replied that it has been in Juneau since June 2009, but she did not know how long it has been in the state. SENATOR GARDNER asked what the consequences of untreated, undiagnosed chlamydia are. MS. CURRY said infertility is the direst impact. Chronic pelvic pain is another. She noted that chlamydia is asymptomatic, which is an issue. 4:58:23 PM SENATOR GIESSEL said despite Planned Parenthood's efforts, chlamydia is rising. She said she has seen the undercover videos of Planned Parenthood, which document inappropriate advice. She asked if it was an issue for Planned Parenthood Northwest. MS. CURRY asked for an example of the evidence. SENATOR GIESSEL said there were many examples, such as underage females being told not to disclose their age and abortion advice. MS. CURRY said Planned Parenthood has a strict requirement for reporting sexual abuse of underage girls and no one would instruct a young girl to keep that to herself. She pointed out that Planned Parenthood is not at liberty to promote abortion. The health care staff provides all pregnancy options and it is up to the patient to make that decision. They abide by Alaska state law regarding minors and notify parents if a minor were to request abortion services. 5:01:25 PM TARYN LUSKDEET, representing herself, testified in support of SB 89. She said she is a part of the IDEA Action Group and a member of Alaskans Against the Common Core. She said she helped work on a version of the bill, which would affirm parents' natural rights. She did not think it was intended, but one version of the bill puts parameters on parents' rights. Parental rights trump local school boards' rights. She suggested changes to the bill, such as Department of Education and Early Development (DEED) shall recognize the natural rights of parents to direct the education of their children. 5:06:02 PM DR. BARBARA HANEY, representing herself, testified in support of SB 89. She spoke strongly of parents' rights. She testified in favor of the amendments. She spoke of a case in Oregon related to Planned Parenthood where a teacher was fired. She said the Planned Parenthood curriculum ties to the Common Core standards. SENATOR GARDNER asked how the national sexuality standards are tied to Common Core. She understood that Common Core standards deal with language arts and math only. DR. HANEY said that embedded in those standards is something called "informational text." Planned Parenthood put together a reading curriculum that is tied to the informational text in the school district and they tie into the Common Core. She said other providers use informational text that are keyed to Alaska standards through the Common Core standards. SENATOR GARDNER suggested that those materials have more to do with curriculum, but not standards. DR. HANEY spoke of the Medicaid expansion curriculum. 5:12:51 PM JACK WALSH, Superintendent, Craig City School District, testified against Amendment 2. He was hoping the providers would be defined so that the helpers who come into the school would not be banned. He said he does not wish to eliminate skilled providers from talking to kids about important issues. SENATOR GARDNER asked Mr. Walsh and other school districts what the impact of all the provisions in the bill would be; the cost of providing notice and tracking permission slips, the validity of test results, particularly when they are used to measure student progress and to evaluate teachers. She asked if there were concerns about distorted data if parents pull their children out of testing and about the overall impact on student education and cost. MR. WALSH said the Craig district is unique in that it serves 300 in Craig and 300 students across the state in a correspondence program. If too many parents opt out on assessments or surveys, the district doesn't get a good picture of the school's climate or connectedness as a small district. He added that mailing costs would be significant. 5:17:11 PM ED GRAY, representing himself, testified in support of SB 89, including the two amendments. He shared his experience with the abortion industry. He said they have students make bad decisions. He asked the legislature to help protect his children. 5:20:52 PM MIKE COONS, representing himself, testified in support of SB 89 and the two amendments. He spoke in favor of parental control regarding education. He spoke against a variety of other subjects taught. 5:23:56 PM RACHELLE SIEBER, representing herself, testified in support of SB 89, including the amendments. She spoke in favor of parental rights and against Planned Parenthood. She recommended the undercover program called Live Action. 5:25:35 PM POISE BOGGS, representing herself, testified in opposition to SB 89. She questioned the wording in Section 1 regarding test assessments. She question whether Section 1 would require teachers to show parents the content of the tests, which isn't allowed. CHAIR DUNLEAVY said the intent is not to have anyone breech protocols or test security. MS. BOGGS asked where the intent is. MS. MARCUM said Legislative Legal chose the language because it is consistent with tests that are not measured by teachers. 5:29:07 PM SACHA PETTITT, Teacher, Mat-Su Borough School District, testified in support of SB 89. She suggested a correction to the language to allow parents' natural rights. She pointed out that parents' opting out indicates a need for a revision in the curriculum. CHAIR DUNLEAVY held SB 89 in committee.