2023-03-08                     House Journal                      Page 0347
HB 105                                                                                                                        
HOUSE BILL NO. 105 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to parental rights in a child's education; relating                                                       
     to access to school records; relating to sex education, human                                                              
     reproduction education, and human sexuality education; relating                                                            
     to school disciplinary and safety programs; and providing for an                                                           
     effective date."                                                                                                           
                                                                                                                                

2023-03-08                     House Journal                      Page 0348
was read the first time and referred to the Education and Judiciary                                                             
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Fiscal, Dept. of Education & Early Development                                                                              
                                                                                                                                
The Governor's transmittal letter dated March 7 follows:                                                                        
                                                                                                                                
"Dear Speaker Tilton:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill amending Alaska's education                                                              
statutes to increase opportunities for parental involvement in their                                                            
children's education by creating meaningful notice and consent                                                                  
requirements. The bill requires school districts to allow parental access                                                       
to school records and to develop policies requiring written consent                                                             
prior to providing instruction related to human reproduction and                                                                
sexual matters.                                                                                                                 
                                                                                                                                
Parental involvement initiatives in public education have been                                                                  
increasing nationwide. In Alaska, parents are becoming more actively                                                            
involved in the content and quality of instruction provided in public                                                           
schools. This involvement has resulted in an increased focus on the                                                             
presentation of content and materials that may not be age-appropriate                                                           
for all children. This bill addresses these concerns by placing matters                                                         
of personal identification and sexual education directly in the hands of                                                        
parents at the local level.                                                                                                     
                                                                                                                                
Under the terms of the bill, school districts must adopt rules that                                                             
provide for notice and affirmative written consent prior to any activity,                                                       
class, or program that includes sensitive and personal content                                                                  
involving gender identity, human reproduction, or sexual matters, and                                                           
a class involving sex education may not be attended by a child                                                                  
enrolled in a grade below fourth grade. In addition, the bill recognizes                                                        
the rights of parents to designate the official name used by schools                                                            
when addressing or referring to enrolled students. The bill authorizes                                                          
the enforcement of these policies through the use of civil litigation by                                                        
parents against school districts that knowingly or recklessly refuse to                                                         
comply with the statute.                                                                                                        

2023-03-08                     House Journal                      Page 0349
A parent's right to information about a student's physical, medical, and                                                        
mental health is absolutely critical to ensure the safety and privacy of                                                        
their children. Given the complex and dynamic nature of the modern                                                              
school environment, it is counterproductive to create situations where                                                          
a child's various caregivers are not all operating on the same page. To                                                         
that end, this bill also prevents school districts from refusing to release                                                     
sensitive and personal student records to the child's legal parent or                                                           
guardian.                                                                                                                       
                                                                                                                                
Finally, the bill recognizes every child's right to privacy by requiring                                                        
school districts to adopt procedures addressing the physical safety and                                                         
privacy of students in locker rooms and restrooms in public schools.                                                            
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"