Legislature(2015 - 2016)HOUSE FINANCE 519
04/18/2015 08:30 AM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB46 | |
| HB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 46 | TELECONFERENCED | |
| + | HB 44 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 44
"An Act relating to sexual abuse and sexual assault
awareness and prevention efforts in public schools."
9:45:37 AM
Co-Chair Neuman MOVED to ADOPT the proposed committee
substitute for HB 44, Work Draft 29-LS0258\P (Glover,
4/17/15). There being NO OBJECTION, it was so ordered.
JANE PIERSON, STAFF, REPRESENTATIVE STEVE THOMPSON,
explained the changes in the legislation. She shared that a
section had been added to address dating violence and abuse
awareness and prevention efforts in public school. She
noted that the changes could be found on Page 2, line 15.
REPRESENTATIVE CHARISSE MILLETT, SPONSOR, testified that
the legislation had been crafted closely to Erin's Law,
with the addition of the dating violence curriculum. She
reminded the committee that the state face an epidemic in
the area of child abuse and child sexual assault. She
believed that the legislation was important to address the
plight of sexual assault, and the subsequent social issues
that stemmed from abuse.
9:48:58 AM
Co-Chair Neuman shared a constituent story pertaining to
dating violence.
9:50:24 AM
CINDY MOORE, SELF, ANCHORAGE (via teleconference), urged
the committee to support the legislation. She revealed that
21 other states currently mandated schools to address
dating violence. She furthered that patterns of dating
violence staring in the teen years carried over into adult
relationships as domestic violence. She shared that her
daughter, Breanna, had been shot and killed by her abusive
boyfriend. She lamented that she and her husband had not
been aware of the abuse. She asserted that ignoring the
vastness of dating violence and its devastating
consequences sent the message to young people that dating
violence was a legitimate behavior. She hoped that
lawmakers would use their power to fight for the lives of
young people. She offered national statistics related to
teen dating violence. She contended that, statistically,
Alaska was the most dangerous state in the nation based on
the Federal Bureau of Investigations (FBI) four major
violent crime categories of murder, aggravated assault,
robbery, and forcible rape. She added that Anchorage and
Fairbanks were on the Forbes 2015 list of the nation's most
dangerous cities for women. Alaska leads the nation in
rapes per capital at three times the national average.
Alaska has the nation's highest rate of women murdered by
men at two and a half times the national average. She
believed that teen dating violence awareness curriculum
could have saved her daughter's life.
BUTCH MOORE, SELF, ANCHORAGE (via teleconference),
testified that 81 percent of parents were unaware of teen
dating violence. He spoke to a proposed amendment to the
legislation that would help educate peers about what to do
if they suspected a friend was being abused. He noted that
his daughter's friends had been aware of the abuse, but had
not known how to reach out for help. He believed that the
education and tools contained in the legislation would
immediately save lives. He likened the dating violence
prevention to seat belts being installed in cars to prevent
fatal accidents. He spoke to a national study performed by
the National Conference of State Legislators that found
that 75 percent of all youth grades 7 through 12, were
dating; in the prior 12 months of the survey, 10 percent of
those people experienced teen dating violence and another
10 percent experience some sort of sexual assault or rape.
The numbers in Alaska were much higher.
9:59:23 AM
Co-Chair Neuman shared that families had approached him
before concerning the issue of sexual abuse. He asserted
that the problem needed to be addressed.
Co-Chair Thompson CLOSED public testimony.
Representative Wilson thought that there was already
someone within the Department of Education that was
assisting on the development of curriculum related to
Erin's Law.
MICHAEL HANLEY, COMMISSIONER, DEPARTMENT OF EDUCATION AND
EARLY DEVELOPMENT, relayed that the department had one
staff member that focused on health in Alaska's schools
through the previous administration's Choose Respect
campaign. He added healthy relationships had been added
into a small percentage of the state's high school and
middle school curriculum. He said that the program was
optional for districts and, while making a difference where
offered, was not reaching all schools or elementary
schools. He said that the currently optional programs were
not comprehensively reaching all of the schools in the
state in the way that was suggested in the legislation.
Representative Wilson wondered how much the curriculum in
the bill would cost. She asked why oversight of the program
by the department had not been written into the bill.
Commissioner Hanley responded that the question would be
more appropriately addressed to the bill sponsor. He said
that he had seen examples of curriculum that could be
available at little, to no, cost. He understood that
several school districts had K-12 sexual abuse prevention
programs already in place. He conceded that some districts
had testified that there would be additional cost to
implement the legislation.
10:05:26 AM
Representative Wilson expressed discomfort with the sexual
abuse prevention part of the legislation. She asserted that
teachers were not social workers; she believed that the
committee needed to hear from the Office of Children's
Services (OCS) concerning mandatory reporting.
Representative Pruitt asked how the bill would change
current policies.
Commissioner Hanley replied that it would solidify and
quantify what was expected from each of the school
districts so that all students, across the state, had
access to the education.
Representative Pruitt understood that teachers were already
mandatory reporters of sexual abuse.
Commissioner Hanley replied in the affirmative.
Representative Pruitt queried whether teachers were already
required to undergo training specific to recognizing signs
of sexual assault or dating violence.
Commissioner Hanley replied that mandatory reporters:
certificated staff, administrators, athletic coaches, went
through training to recognize signs of potential abuse and
neglect, and to know when they were obligated to report
instances. He said that the bill spoke to training for
teachers, which could overlap with training they had
already received, but also highlighted the teacher's
responsibility to educate students on the issues of sexual
abuse and dating violence.
Representative Pruitt noted that the Erin's Law portion of
the bill pertained to grades K-12. He expressed concern for
exposing children to issues surrounding sexual abuse. He
worried about the age appropriateness of the material for
certain children.
10:09:32 AM
Commissioner Hanley replied that children should be
informed but not exposed to inappropriate material. He
stated that the language in the bill directed local school
boards to determine the best way to move forward for the
students under their per view. He relayed that he had
experienced healthy, age appropriate materials with
programs already in schools. He noted that parents already
had the choice to option out of the current offerings. He
pointed out to the committee that the current legislation
also maintained the parent's choice to option out of the
proposed programs. He asserted that the bill did not
mandate inappropriate curriculum, but rather required
school districts understand their responsibility in meeting
the needs of their students in regard to health education
and sexual abuse.
Representative Gara asserted that under the legislation the
training would be under local control and age appropriate.
He asked whether that language covered the issue of
teaching children things beyond the scope of their years.
Commissioner Hanley answered in the affirmative.
Vice-Chair Saddler noted a provision on Page 2, line 10,
which offered parents the choice to option out of school
sexual awareness training for their children. He called on
parents to be active in the lives of their children.
Representative Wilson felt that the bill was moving too
quickly through committee. She argued that the bill could
have negative repercussions.
Representative Wilson MOVED to ADOPT conceptual Amendment
1:
Page 1, line 11
Delete "shall"
Insert "may"
Page 2, line 16
Delete "shall"
Insert "may"
Representative Gara OBJECTED for the purpose of discussion.
Representative Wilson believed that the proposed
legislation would burden school districts with a program
that would have no oversight by the state.
10:15:29 AM
Co-Chair Thompson clarified where the amendment would
affect the bill.
Co-Chair Neuman believed the amendment would be considered
friendly by the bill sponsor.
Representative Edgmon wondered whether the amendment would
negate the intent of the bill.
GRACE ABBOTT, STAFF, REPRESENTATIVE CHARISSE MILLETT,
believed that the amendment would make the bill
unnecessary. She asserted that school districts already had
the capacity to implement the programs laid out in the
bill; 50 percent of the state's districts already had
active programs.
Representative Wilson did not believe it took away the
effectiveness of the bill. She contended that the
Department of Education would not be monitoring the
implementation of the program throughout the state. She
wondered whether schools could lose funding if parents
complained to the department about the program.
Ms. Abbott replied that the teeth of the bill lay in the
word "shall" and requiring that school districts implement
the curriculum.
Representative Wilson disagreed. She feared that there
would be negative repercussions for schools that did not
adopt the curriculum laid out in the bill. She believed
that the language was inconsequential if there was no one
from the department that would be monitoring the bill.
10:18:20 AM
Co-Chair Neuman noted the zero fiscal note and agreed that
the conceptual amendment was unnecessary.
Representative Wilson maintained her argument.
Commissioner Hanley replied that the department worked with
districts to build the capacity to implement programs and
maintain compliance with state statute.
Representative Wilson understood that if a district was out
of compliance the department would withhold funding.
Commissioner Hanley reiterated that the department would
work with the district in order to bring that district into
compliance. He asserted that one tool available to the
department was the ability to withhold funding;
Commissioner Hanley stressed that the tool was not favored,
and had never been applied. He recognized that when
districts were intentionally out of compliance with state
law the department had the responsibility to respond.
10:20:34 AM
Representative Wilson felt that the fiscal note was not
really zero because the department would have to provide
oversight for the legislation. She opined that the bill
created an unfunded mandate that could lead to the
potential withholding of funds to districts.
Representative Pruitt wondered whether the department had
information on the proposed programs that could be provided
to the various districts in order for them to determine
whether they wanted to facilitate the programs.
Commissioner Hanley replied that it would be up to local
districts whether or not to implement the programs, but
that the department would work alongside each district to
work through challenges.
Representative Kawasaki reiterated concerns that the
amendment would weaken the intent of the bill.
Vice-Chair Saddler requested further clarity in the
department's answer.
Commissioner Hanley reiterated that the department had
never withheld funding from a school district, but retained
the capability to do so if districts were out of compliance
with the law.
Vice-Chair Saddler demanded a yes or no answer to the
question of whether the department would withhold funding
from schools that did not implement the programs laid out
in the bill.
Commissioner Hanley replied that the question begged
something more than a yes or no answer.
Co-Chair Neuman wondered whether school would be considered
in compliance by simply providing to students documents on
the subject matter.
Ms. Abbott replied in the affirmative.
Representative Munoz wondered whether there were provisions
in state law that would allow a community to opt out of the
policy.
Commissioner Hanley replied that statute would have to be
changes to reflect the possibility of schools to opt out of
a state law.
10:25:03 AM
Representative Wilson wondered whether a school would be in
compliance by sending home age appropriate materials to be
discussed at home.
Ms. Abbott believed that if the materials were sent home
without any classroom discussion time the school would not
be in compliance.
Representative Wilson understood that classroom time would
be necessary for both the dating violence and the sexual
assault pieces of the bill.
Ms. Abbott clarified a teacher hanging out documents during
class would qualify as class time. If the materials were
placed in a mailbox or back pack without any discussion,
the school would be out of compliance.
A roll call vote was taken on the motion to adopt
conceptual Amendment 1.
IN FAVOR: Wilson, Gattis, Pruitt
OPPOSED: Edgmon, Gara, Guttenberg, Kawasaki, Munoz,
Saddler, Neuman, Thompson
The MOTION FAILED (3/8).
Co-Chair Neuman noted that the Rasmuson Foundation had
committed funds to help support the legislation.
Co-Chair Neuman MOVED to REPORT CSHB 44(FIN) out of
committee with individual recommendations and the
accompanying fiscal note.
Representative Wilson OBJECTED. She spoke to her objection.
She WITHDREW her OBJECTION.
There being NO further OBJECTION, CSHB 44(FIN) was REPORTED
out of committee with a "do pass" recommendation and with
one new zero fiscal note from the Department of Education
and Early Development.