Legislature(2015 - 2016)CAPITOL 106
04/06/2015 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB44 | |
| HB85 | |
| HB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 44 | TELECONFERENCED | |
| *+ | HB 85 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 44-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
8:04:03 AM
CHAIR KELLER announced that the first order of business would be
HOUSE BILL NO. 44, "An Act relating to sexual abuse and sexual
assault awareness and prevention efforts in public schools."
8:04:23 AM
REPRESENTATIVE CHARISSE MILLETT, Alaska State Legislature,
speaking as the sponsor, introduced HB 44, paraphrasing from the
sponsor statement which read as follows [original punctuation
provided]:
Alaska has a crucial need for increased education and
awareness of the devastating problem of child sexual
abuse. According to the Office of Children's Services
in 2014, there were 2,640 allegations of child sexual
abuse with 2,110 unique victims. 897 of these cases
were sent to law enforcement and OCS went on to assess
1,028 allegations. This a problem that will only
improve with the attention and dedication of all
Alaskans, and this includes those Alaskans working in
and attending our schools.
Named in honor of child sexual abuse survivors across
the state of Alaska, this bill empowers schools to
implement a program to educate and provide resources
for students, staff, and parents about how to
recognize the warning signs of child sexual abuse. In
recognizing that every community has their own unique
needs, The Alaska Safe Children's Act allows Alaska
public schools to create age-appropriate curricula and
trainings that are the most beneficial to their
population.
Curricula should include the warning signs of sexual
abuse, referral and resource information, counseling
and educational support, methods for increasing
awareness of issues regarding sexual abuse of
children, a method through which a parent can excuse
their child from this curricula, and actions a child
may take to prevent and report sexual abuse or sexual
assault.
By utilizing the wisdom of our communities, the
experience of experts, and strengthening individuals'
knowledge and skills we can collectively work towards
an end to child sexual abuse.
8:07:03 AM
REPRESENTATIVE VAZQUEZ moved to adopt the proposed committee
substitute (CS) for HB 44, labeled 29-LS0258\E,
Strasbaugh/Glover, 4/1/15, as the working draft.
[There being no objection, Version E was before the committee.]
8:07:25 AM
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska
State Legislature, speaking on behalf of Representative Millett,
presented the changes in the proposed committee substitute to HB
44, labeled Version E. Ms. Abbott said in Version E, the bill
short title becomes "the Alaska Safe Children's Act" in section
1. Section 2 provides that a school district's school board or
governing body adopt child sexual assault prevention curriculum
as well as training for staff, and parental notices. Section 3
requires that schools provide age-appropriate information,
warning signs of abuse, resources, counseling, and opt-out
provisions for parents. Additionally, this section provides for
the adoption of dating violence and abuse prevention curriculum
for teens. Ms. Abbott closed, saying research shows that at
least 21 school districts in Alaska have already adopted related
curricula, which is available at no cost; for example, the
Anchorage School District includes teen dating violence and
child sexual abuse prevention with its health curriculum.
8:10:18 AM
REPRESENTATIVE MILLETT informed the committee Alaska school
districts that have already adopted the Alaska Safe Children's
Act include Anchorage School District, Mat-Su Borough School
District, Fairbanks North Star Borough School District, Alaska
Gateway School District, Aleutian Region School District,
Aleutian East Borough School District, Chugach School District,
Craig City School District, Delta-Greely School District, Juneau
Borough School District, Kashunamiut School District, Kenai
Peninsula Borough School District, Ketchikan Gateway Borough
School District, Kodiak Island Borough School District, Lower
Kuskokwim School District, Nenana City School District, North
Slope Borough School District, Petersburg Borough School
District, Sitka School District, Unalaska City School District,
and Valdez City School District. She opined the variety of
school districts shows that the program can be implemented at
minimal cost. Although data has not yet shown the curriculum
has lowered the number of assaults, it is important in
conjunction with other prevention programs around the state.
MS. ABBOTT added that the participating school districts have
information online that can be modeled by other school
districts.
REPRESENTATIVE DRUMMOND asked for the longest period that a
district has had the curricula in place.
REPRESENTATIVE MILLETT said she did not have dates.
MS. ABBOTT told of her personal experience while attending
school in the Anchorage School District about 10 years ago. At
that time, as now, the curriculum was provided by the Great Body
Shop.
REPRESENTATIVE DRUMMOND asked if it is known whether other
unfunded mandates would be eliminated in order to allow time and
funding for the program mandated by the bill.
REPRESENTATIVE MILLETT said she was unsure; however, these are
options on which school boards decide on a local level.
8:15:05 AM
REPRESENTATIVE SEATON acknowledged that a number of school
districts have policies in place, and asked whether the passage
of HB 44 would require those districts to revamp existing
curricula.
REPRESENTATIVE MILLETT advised that most of the school districts
have policies in place that mirror the proposed legislation.
REPRESENTATIVE SEATON asked whether there are statistics
available comparing sexual abuse or teen date violence between
districts which do, or do not, have policies in place.
MS. ABBOTT stated that the anticipated data will be anecdotal
through teachers' experience or through mandatory reporters.
She stressed that the intent of the bill is for prevention.
REPRESENTATIVE SEATON surmised data has been requested from the
school districts.
MS. ABBOTT said absolutely; however, due to privacy concerns,
data will not be widely available.
REPRESENTATIVE VAZQUEZ referred to the sponsor statement and
asked what is meant by the term "unique victims."
MS. ABBOTT explained "unique victims" refers to the children who
experienced abuse, and the numbers indicate that the children
may have been abused more than once. In further response to
Representative Vazquez, she said of the 834 cases sent to law
enforcement, she did not have information on how many were
prosecuted.
REPRESENTATIVE VAZQUEZ reread the statistics provided by the
Office of Children's Services (OCS), Department of Health and
Social Services (DHSS), and questioned their meaning.
MS. ABBOTT offered to obtain further information from OCS.
8:21:04 AM
REPRESENTATIVE SEATON directed attention to the bill on page 2,
line 10 which read:
a procedure allowing a student to be excused
REPRESENTATIVE SEATON asked whether the intent is if a parent
requests, it is mandatory that the student is excused, or "is
that optional by the district to have in their policy."
REPRESENTATIVE MILLETT said the foregoing opt-out provision was
written by Legislative Legal Services for parents, and that the
provision recognizes parental rights. This language will be
"mimicked" in school district policy for a parent to allow their
child to opt out.
REPRESENTATIVE SEATON surmised that the idea is that the
procedure to allow a student to be excused means: If an excuse
is requested, it must be granted.
REPRESENTATIVE MILLETT said correct. She returned to the
earlier discussion of statistics and added that statistics
around child sexual assault are difficult to compile. Due to
court proceedings, it is hard to identify what victims are in
the reporting requirements because of the nature of the crime,
what is prosecuted, and what is settled with plea bargains. One
of the difficulties in bringing legislation has to do with
determining the best way to teach and identify what school
teachers, social workers, and school nurses report hearing from
children. Any possibility of child sexual abuse must be
reported based on the school's requirements.
REPRESENTATIVE SEATON directed attention to page 2 of the
document found in the committee packet provided by OCS and
entitled "For State Fiscal Year 2014 Source: State of Alaska
Office of Childrens Services" and subtitled, "Allegations of
Sexual Abuse Screened In." He noted allegations of sexual abuse
screened in numbered 1,028, with 165 substantiated, 808 not
substantiated, and 55 closed without finding. Representative
Seaton asked whether total sexual abuse numbers reported in
national standings are based on substantiated cases or on
reports of sexual abuse.
MS. ABBOTT said OCS is required to gather information on all of
the cases and then they are screened.
REPRESENTATIVE SEATON observed that the state has a very broad
category of mandatory reporters. He asked whether state-to-
state comparisons are based on substantiated allegations.
MS. ABBOTT stated her understanding that it represents all of
the allegations, but she will obtain confirmation for the
committee.
8:26:11 AM
REPRESENTATIVE VAZQUEZ returned attention to page 2 of the
document found in the committee packet provided by OCS entitled,
"For State Fiscal Year 2014 Source: State of Alaska Office of
Childrens Services" and subtitled, "Unique Victims in Allegation
of Sexual Abuse Screened In." She questioned whether 152 was
the number in the OCS screening process, or in the prosecutorial
screening process. Representative Vazquez agreed that these
cases are extremely difficult to prosecute; there is a special
team in the District Attorney's office, special counselors,
special paralegals, and prosecutors who specialize in this
delicate area. She further questioned the source and meaning of
the statistics. She said this is a very good bill, but she is
"thinking about other issues that dovetail."
MS. ABBOTT said she would obtain from OCS more information in
regard to screening and the process, and possibly more
information on the screening to actual prosecution.
REPRESENTATIVE VAZQUEZ inquired as to whether any delays that
impede the prosecution of these cases are attributable to the
backlog at the state crime lab.
MS. ABBOTT deferred to OCS.
8:28:51 AM
CINDY MOORE stated that she has lived in Alaska for 30 years,
and raised three daughters. She asked the committee to vote in
favor of HB 44, the Alaska Safe Children's Act. Ms. Moore
paraphrased from her 3/11/15 letter to Senator Mike Dunleavy,
found in the committee packet, as follows [original punctuation
provided]:
This new bill will require for school districts to set
up a policy and training program for staff, students,
and parents on the topics of sexual assault and dating
violence (combining the ideas of Erin's Law and Bree's
Law.) Despite its alarmingly high incidence and
proven negative impact on healthy development and
education of our youth, Alaska law does not mandate
schools to address dating abuse. The fact is, patterns
of dating violence that start early escalate over time
and carry over into adult relationships. As this cycle
of violence continues, it deteriorates the fabric of
our families and communities. Our state is a perfect
example of this; our shockingly high rate of domestic
abuse, rape, and murder prove that we need to take
immediate action to change the social norms about the
acceptability of domestic violence. Now is the time
for us to protect our children. Now is the time to
stop the violence.
Teen dating violence has affected my family in a
profound and life changing way. About 6:00 am on June
26, 2014, my husband, pale and barely able to speak,
awakened me. His hands were shaking and in an almost
inaudible whisper he said, "Cindy, you need to come
downstairs right now!" At the bottom of the stairs,
stood two uniformed police officers, who somberly
broke the horrifying news; that our daughter Breanna
had been killed, by a single gunshot wound to the
head, at the hands of her boyfriend.
Since that fateful day, our lives have been forever
changed and with so many unanswered questions. How
could have happened to such a strong, beautiful, and
independent young woman? Why didn't she say something
about the continuing abuse we later discovered? Why
did she stay? Why did she not seek help? As parents,
we did we not see the signs? What I am learning, is
that these are all questions that can and need to be
answered. I am hoping that through the loss of my
daughter, that I can inspire the leaders of our state
to spare our young people the pain and lasting
detrimental effects of abuse. You have the power to
change this! Please fight for every young person in
our state. Doing nothing is unacceptable, as it puts
our children at increased risk of substance abuse,
depression, poor academic performance, suicide, future
violence and death.
Please think of your own daughters & sons,
granddaughters & grandsons, nieces & nephews, as I
share with you some staggering national statistics on
teen dating violence:
Girls and young women between 16-24 are four
times more likely than the general population to be
victims of partner violence.
Dating violence is the leading cause of injury to
women.
As intimate partner committed 22% of all
homicides against females 16-19.
100% of middle-schoolers thought that
possessiveness and jealousy are part of true love.
Based on testing done by Dr. Elizabeth Miller, a
leading expert on teen dating violence.
80% of girls who have been physically abused in
their intimate relationships continue to date the
abusers.
The appalling statistics here in Alaska are proof we
desperately need to shift our focus to prevention;
because how our state is currently handling domestic
violence awareness is not working! This is clearly
shown by the statistics:
Alaska most dangerous state in America. Alaska
has replaced Tennessee as the most dangerous state in
the United States in 2015. Based on FBI's four major
violent crime categories: murder, aggravated assault,
robbery, and incidents of forcible rape.
Anchorage and Fairbanks are #2 and #3 on a Forbes
list of the nation's most dangerous cities for women.
Alaska leads the nation in rapes per capita -
three times national average.
Alaska has the nation's highest rate of women
murdered by men - two times the national average.
Physical teen dating violence for high school
students in Alaska is 30% higher than the national
average, based on most current 2013 "Alaskan
Dashboard" data.
Sexual teen dating violence for high school
students in Alaska is 20% higher than the national
average, based on most current 2013 "Alaskan
Dashboard" data.
Alaska also has the highest rate of suicide per
capita in the country.
UAA Justice Center survey concluded that almost
59% of women in Alaska had experienced physical
violence, threats of it, or sexual violence from a
partner at some point in their lives.
I wish teen dating violence awareness had been
mandatory curriculum for my daughter, Breanna Moore,
in grades 7-12. If she knew what signs and patterns
to look for, that it's ok to talk about domestic
violence, and where to go to help, she might still be
alive today.
As a mother who has lost a daughter to teen dating
violence, I hope to open the eyes of others - this is
a preventable epidemic! What cost do we put on saving
an innocent human life; from saving a family from the
heartache and tragedy of losing a loved one to dating
violence? If we save one life - one family from this
fate - the return? What value do you put on your
child's life?
8:34:52 AM
BUTCH MOORE said he is Breanna Moore's father. He advised that
after his daughter was murdered, four of her friends said they
were aware that Breanna was being abused by her boyfriend. They
said they had seen her three to four different times with black
eyes, and each one expressed they didn't know what to do, or
what they could do, or what to say, and had they done something
or said anything she might be alive today. He said that the
education Breanna had in terms of teen dating violence was
potentially in 7th or 8th grade in one class. Should this
education have been in place, ten or twenty years ago, educating
both men, women, boys, and girls in high school, Breanna might
be alive today. He directed attention to [Version E] on page 2,
lines 6 and 7 which read:
(5) methods for increasing teacher, student, and
parent awareness of issues regarding sexual abuse of
children;
MR. MOORE requested the addition of specific language explaining
what to do if one is aware of teen dating violence. He
suggested the following language:
measures to prevent and stop dating violence and
abuse, and what to do when someone witnesses or knows
of a case of violence.
MR. MOORE restated that Breanna's friends were aware, but did
not know what to do. Referring to the "opt-out" procedures, he
acknowledged the rights of parents and children, and repeated a
question heard during debate in the Alaska State Senate, "who
would not want their child to receive this education. And if
someone was abusing their child, wouldn't they opt out?" Mr.
Moore turned to the subject of the time and cost of mandating
education, and advised that in 2007, Rhode Island implemented
the Lindsay Ann Burke Act for grades 7-12, which educates
students about teen dating violence. After seven years, the
physical teen dating violence in Rhode Island dropped by one-
half. Although there has been testimony from school
administrators regarding the cost, time, and energy required of
educational mandates, there has also been testimony from a
sexual assault victim that this is an emergency which requires
immediate action, and if there is a mandate of lesser
importance, to take it out and make room for this one. Mr.
Moore reminded the committee that in 1960 the National
Transportation Safety Board declared that seat belts reduced
serious crash-related injuries and death by approximately one-
half. When reviewing Rhode Island and the fact that teen dating
violence has been cut in half, the question becomes "what is the
value that we place on our children?" He stated that his
daughter was murdered and her boyfriend will probably spend the
rest of his life in prison; however, with the proposed
education, there could have been an entirely different situation
today. Mr. Moore restated that education has been shown to work
when implemented in grades 7-12. He opined that no school
superintendent would advocate that their children, their
students, and parents not wear their seat belts or not use child
safety seats, because it is known that seat belts are effective,
as is education.
8:40:13 AM
POLLY ANDREWS, Southcentral Foundation, said she is originally
from Chevak and works as an outreach advocate with the Family
Wellness Warriors Initiative (FWWI), a department of
Southcentral Foundation, which provides education and training
programs for healthy relationships, in leadership development,
parent education, and family and continued support. She
observed that there are other forms of harm that children
experience besides sexual abuse, such as domestic violence and
neglect, and advised there is a larger scope to the issue of
addressing sexual abuse awareness and prevention, and giving
children a voice. Ms. Andrews recalled statistics that Alaska
is "number one," and that sexual harm is at an epidemic level;
in fact, in the villages of Chevak and Lower Kalskag, most
families have been impacted by sexual harm and the message to
children has been to remain silent. In her personal experience,
Ms. Andrews said her trusted relatives protected those who did
harm, and her abuser told her to keep "a very dark and heavy
secret." Between four and six years of age, she said it was
instilled in her that she was bad and shameful. She said if as
a little girl, she had the tools for what to do and where to
find a trusted adult for help, it could have changed her
childhood. At the age of ten, she was in a court room with her
abuser and a jury of strangers, and for two years had to tell
her story in a frightening setting. Children should be
protected so this never happens. Ms. Andrews expressed her
support of HB 44 and stressed that the curriculum needs to be
culturally competent; Alaska Native leaders need to be involved
with the curriculum design and all cultural groups should have a
voice. Further, schools need to be ready so that when the
training starts and there are disclosures of emotional and
physical harm, children and families will receive needed
support. Teachers and first responders need training in safe
language and safe approaches. She offered assistance from
Southcentral Foundation, and closed, saying the bill will change
lives, create safety for children, and ensure that her
experience will not be repeated.
CHAIR KELLER credited the witness with originating several
programs for training and education, and thanked her.
8:49:00 AM
JEFF JESSEE, Chief Executive Officer, Alaska Mental Health Trust
Authority (the Trust), stated his organization's support for HB
44 and said it has been established that early trauma has a
lifelong effect on a child, which may translate into adult life
as depression, substance abuse, as well as health issues such as
diabetes and heart problems. He recalled the Bring the Kids
Home initiative, a partnership of the Trust and DHSS, which also
enlisted schools as partners; in fact, the two bureaucracies
that are the most challenged to meet their missions are schools
and the Office of Children's Services. Their missions are
complicated by issues of trauma, substance abuse, and mental
health issues, and when children come to school not
psychologically ready to learn, it is a problem for school
districts. Mr. Jessee said the intent was not to make schools
the state's response to child sexual abuse, dating violence, or
domestic violence, but to engage the educational system as an
"early warning system" and to prevent and identify trauma so
other agencies can intervene. He disagreed that the proposed
bill is an unfunded mandate, noting that preventing these
problems would save school districts a lot of time and effort,
and the bill would assist schools in being proactive. Also,
children who are sexually abused or experience domestic violence
often display behavioral issues in a classroom which are
misinterpreted. Mr. Jessee stressed that without understanding,
a teacher or principal risks taking an inappropriate
disciplinary approach to a student's behavior. On a national
basis, schools that are utilizing a trauma-informed approach to
discipline have found success and better performance from
students. He restated the Trust's support of the bill and urged
for the committee to move the bill forward.
REPRESENTATIVE SEATON requested information about case studies
or data related to trauma-informed [discipline].
MR. JESSEE agreed to provide further information.
8:56:52 AM
MIKE HANLEY, Commissioner, Department of Education and Early
Development (EED), stated EED's support for HB 44.
REPRESENTATIVE SEATON asked whether the teen dating violence and
healthy relationship programs that are currently offered in some
schools differ from the programs required by the bill.
COMMISSIONER HANLEY advised that the districts with those
programs would best speak to whether the programs address the
items in the bill.
REPRESENTATIVE SEATON inquired as to any duplication or extra
effort that this legislation may cause districts that already
have programs and policies in place. Statistical information is
not necessary, but an understanding of the curriculum would be
helpful.
COMMISSIONER HANLEY agreed to provide the requested information.
8:59:29 AM
REPRESENTATIVE VAZQUEZ referred to the proposed CS for HB 44,
Version E, on page 1, lines 11-13 which read:
(a) The governing body of each school district shall
adopt and implement a policy, establish a mandatory
training program for employees and students, and
provide parent, student, and staff notices relating to
sexual abuse and sexual assault awareness
REPRESENTATIVE VAZQUEZ asked what is meant by the foregoing
language.
MS. ABBOTT directed attention to an example of a parent
information notice from the Anchorage School District found in
the committee packet entitled, "Parent Information Child Sexual
Abuse Prevention Instruction from the GBS." The notice included
information on the units of instruction and provided a brief
description; for example, in kindergarten, Unit 1 is called "How
to Stay Safe," and Unit 5 is called "My Body is Special." The
parent information is available on the school district web site
and serves "as a model of the intent." This information fits in
with the opt-out provision in the bill, so parents can be aware
of what is being instructed in the classroom, and can base their
decision on this information.
REPRESENTATIVE VAZQUEZ pointed out that line 12 identified a
mandatory training program for employees and students, yet line
13 identified notices for parent, student, and staff. She asked
whether there was a distinction between these two groups.
MS. ABBOTT expressed her understanding that this is conforming
language. She was unsure of the purpose.
REPRESENTATIVE VAZQUEZ turned attention to two sponsor
statements that are found in the committee packet and that
reflect varying statistics. She assumed that the differences
may relate to the timeframe in which the statement was authored,
and asked for the specific timeframe pertaining to each sponsor
statement.
MS. ABBOTT explained the updated sponsor statement is entitled
"House Bill 44: 'The Alaska Safe Children's Act'" and contains
information from OCS, updated by one month.
9:03:46 AM
REPRESENTATIVE VAZQUEZ asked what agency keeps records of
mandatory reports filed by school employees.
MS. ABBOTT answered the Department of Public Safety (DPS), and
the training is through the Council on Domestic Violence and
Sexual Assault, DPS. In further response to Representative
Vazquez, she said a report is required to be submitted to law
enforcement.
REPRESENTATIVE VAZQUEZ said it would be helpful to understand
the data to know if the procedures are making a difference and
if so, in what way.
COMNMISSIONER HANLEY said a mandatory report is submitted to
OCS, and "there is a connection to Public Safety, as well." The
records are kept by the school district to confirm that a
mandatory reporter reported a concern of potential harm. It is
not reported for data. Commissioner Hanley said from his
personal experience at the Anchorage School District, the
purpose of maintaining the records is to prove that the
requirements regarding records of instances of potential harm
have been met.
9:06:50 AM
REPRESENTATIVE MILLETT said it is a parent's choice to opt out
as parents do have the ultimate responsibility. In the absence
of parents who are involved, the bill provides a safety net for
kids who do not have parents who are making "the ultimate good
decisions we hope all parents do." She described a situation in
which loving parents did not recognize what was happening to
their child. This is a difficult situation to discuss,
especially in certain cultures - although there have been
changes - and the bill attempts to start conversations between
generations. Representative Millett stated the intent is also
to allow parents enough comfort to talk about their children
without fear of consequences. The bill is an avenue to continue
the conversation and hopefully save a child from trauma. She
welcomed further discussion to improve the bill and stressed
that the health and safety of children is paramount to healthy
communities.
CHAIR KELLER said the Family Wellness Warrior Initiative visit
was powerful, and he said male elders in rural Alaska have
addressed this issue. He encouraged parents, who have the
ultimate responsibility, to be unafraid of the issue and to talk
within their communities.
9:11:44 AM
[Further discussion of HB 44 followed the next agenda item.]
HB 44-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
9:22:00 AM
CHAIR KELLER announced that HB 44 would be taken up for further
consideration.
REPRESENTATIVE COLVER requested that OCS testify with further
information on the statistics that have been provided on the
number of cases reported, and on the disposition of said cases
in 2014 and through March, 2015.
CHAIR KELLER clarified that the document referred to was found
in the committee packet [entitled "For January through March,
2015; Source: State of Alaska Office of Childrens Services"].
REPRESENTATIVE DRUMMOND expressed alarm at nearly 800
allegations of sexual abuse for the first quarter of 2015. She
requested seasonal information from winters of previous years in
order to determine whether there is a correlation, or whether
the statistics for 2015 are unusual.
CHAIR KELLER announced HB 44 was held over.