Legislature(2015 - 2016)Anch LIO Auditorium
05/20/2015 11:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| 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 44-SEX ABUSE/ASSAULT/DATING VIOL PREV. PROGS
[Contains discussion regarding the inclusion of language from
HB 80, SB 89, and SB 102 into the proposed Senate committee
substitute (SCS) for HB 44, Version G.]
11:02:38 AM
CHAIR DUNLEAVY announced that the only order of business would
be CS FOR HOUSE BILL NO. 44(FIN), "An Act relating to sexual
abuse and sexual assault awareness and prevention efforts in
public schools; and relating to dating violence and abuse
awareness and prevention efforts in public schools." Left
pending from the meeting on 5/19/15 was the motion to adopt as
the working document the proposed Senate committee substitute
(SCS) for HB 44, labeled 29-LS0258\G, Glover, 5/18/15.
CHAIR DUNLEAVY, with regard to the proposed Senate committee
substitute (SCS) for HB 44, referred to Section 23's proposed
repeal of AS 14.03.075(a)-(c) and (e)(1) and AS 14.07.165(a)(5)
and (b) - which together require students to undergo a college
and career readiness assessment in order to obtain a high school
diploma - and offered his understanding that this proposed
repeal [originally in HB 80] was added to HB 44 as a cost-
savings' measure.
SENATOR STEVENS referred to the bill's proposed new AS 14.30.355
- addressing training programs for sexual abuse/assault
awareness/prevention - and expressed a preference for passing
only that provision. He also opined that since some school
districts are currently providing sexual abuse/assault
awareness/prevention training and absorbing the costs, that all
school districts should do so. Offering his understanding that
there are private entities willing to assist with such training
programs, he expressed frustration over school districts that
are unwilling to absorb the costs of providing this type of
training.
11:07:28 AM
CHAIR DUNLEAVY removed his objection to the motion made on
5/19/15 to adopt the proposed Senate committee substitute (SCS)
for HB 44 - labeled 29-LS0258\G, Glover, 5/18/15 - as the
working document. After ascertaining that there were no further
objections, he relayed that Version G was before the committee.
CHAIR DUNLEAVY reiterated that Section 23's proposed repeal of
AS 14.03.075(a)-(c) and (e)(1) and AS 14.07.165(a)(5) and (b) -
requiring students to undergo a college and career readiness
assessment in order to obtain a high school diploma - was added
to the bill as a cost-savings' measure. Repealing this
requirement won't preclude students from undergoing such
assessments, nor will it preclude school districts from helping
students undergo such assessments.
11:10:58 AM
CINDY MOORE, mentioning that her daughter Breanna Moore was
killed last summer by her boyfriend in what Ms. Moore referred
to as an incidence of dating violence, explained that she's been
working with legislators to add to HB 44 the provision
addressing dating violence/abuse; this provision, along with the
provision addressing sexual abuse/assault, may be known as the
"Alaska Safe Children's Act". She offered her beliefs that
passage of these provisions would result in teachers having more
time to teach instead of having to deal with the behavior
problems sexually abused students exhibit; that their passage
would not cost the State any money; and that other entities
would pick up all the costs of the associated
awareness/prevention training. With regard to victims of sexual
abuse of a minor, she offered her beliefs that the first step
toward recovery is knowing there are people in authority to talk
to, and that passage of these provisions of the bill would
ensure that students have that knowledge. In conclusion, she
indicated disfavor with Version G of HB 44 because of the
provisions that were added, and a preference for having CSHB
44(FIN) be the bill that moves from committee, because under it,
it would be mandatory for school districts to provide students
with sexual abuse/assault and dating violence/abuse
awareness/prevention training.
11:15:02 AM
BUTCH MOORE, mentioning that he is Breanna Moore's father,
expressed disfavor with Version G of HB 44, and asked that CSHB
44(FIN) be the vehicle that moves from committee, both because
of its limited focus and because under it, it would be mandatory
for school districts to provide students with the aforementioned
awareness/prevention training. He expressed concern that if
Version G is the vehicle that moves from committee, the bill
would no longer have sufficient support to pass because it now
includes language from unrelated bills.
11:19:18 AM
SENATOR LESIL MCGUIRE, Alaska State Legislature, noting that
other iterations and previous versions of HB 44 have garnered
broad bipartisan support, expressed concern that because
Version G now includes language from unrelated pieces of
legislation, it could put passage of the bill at risk or render
it unconstitutional, particularly given that those unrelated
pieces of legislation, in themselves controversial, were not
included in the governor's call to special session. With regard
to the bill's proposal to provide for sexual abuse/assault and
dating violence/abuse awareness/prevention training in Alaska's
schools, she pointed out that Alaska leads the nation in sexual
assault and sexual abuse of a minor, and ventured that the
bill's proposed Alaska Safe Children's Act is intended to
empower victims and make Alaska a safer place to live. The
language comprising the Alaska Safe Children's Act constitutes a
good bill, one that should pass, she opined, and reiterated her
concern that Version G's inclusion of language from three
unrelated bills could prove problematic. In conclusion, she
asked the committee to reconsider its actions in adopting
Version G, and instead have CSHB 44(FIN) be the version that
moves from committee.
SENATOR MCGUIRE, in response to comments and questions, offered
her understanding that the same private entities that are
currently providing and/or paying for sexual abuse/assault
awareness/prevention training in some of Alaska's schools could
also provide and/or pay for dating violence/abuse
awareness/prevention training. Also, options are being sought
for those schools districts that are still concerned about the
cost of providing sexual abuse/assault and dating violence/abuse
awareness/prevention training. The provision that makes training
discretionary rather than mandatory, as in Section 16 of Version
G, will help address those concerns. Furthermore, the language
allowing parents to excuse their children from such training,
and from receiving associated notifications, was included in
order to address concerns about the right of parents to
determine what their children are being taught. Characterizing
HB 44's proposed Alaska Safe Children's Act as constituting a
good, stand-alone bill that should pass in order to provide a
safety net for Alaska's children, she again reiterated her
concern that it could prove problematic to include language from
three unrelated controversial bills that were not part of the
governor's call to special session.
11:41:35 AM
SENATOR MCGUIRE, in response to further comments and questions,
indicated that she had some concern regarding the provisions of
Version G that propose to repeal the requirement that students
undergo a college and career readiness assessment in order to
obtain a high school diploma, because such assessments can often
highlight for students new career/education opportunities.
SENATOR HUGGINS remarked, however, on the potential cost-savings
of $525,000 that could result from repealing that requirement.
Furthermore, students would still be able to undergo college and
career readiness assessments at their own expense, and
assessment-fee waivers are available for students [meeting
certain criteria].
CHAIR DUNLEAVY concurred, offered his understanding that the
requirement has only been in place for a year, and again
reiterated that its proposed repeal was added to HB 44 as a
cost-savings' measure.
SENATOR MCGUIRE, in response to comments regarding Version G,
once again reiterated her concern that it could prove
problematic to include language from three unrelated
controversial bills that were not part of the governor's call to
special session.
SENATOR GIESSEL disagreed.
11:53:57 AM
SHEILA PETERSON, Staff, Senator Mike Dunleavy, Alaska State
Legislature, on behalf of Senator Dunleavy, and in response to
questions, relayed that Legislative Legal and Research Services
has indicated that should the bill pass and then undergo a court
challenge, it is not yet known how the court might rule on the
question of whether all of the bills now included in Version G
of HB 44 comply with the governor's call, regardless that they
might all address public education.
CHAIR DUNLEAVY asked if Legislative Legal said Version G was
unconstitutional.
MS. PETERSON replied that he did not. In response to a further
question, she said that the fiscal note for Version G of HB 44
is still forthcoming, and that it is expected to be a zero
fiscal note.
CHAIR DUNLEAVY mentioned that cost-savings was a prime
consideration in developing Version G, and characterized the
inclusion of language from HB 80 - repealing the requirement
that students undergo a college and career readiness assessment
in order to obtain a high school diploma - as therefore good.
In response to comments and questions regarding the
accountability of Alaska's public-education system, he offered
his understanding that college and career readiness assessments,
though briefly taking the place of "exit" exams, were never
designed to measure academic performance in high school.
12:04:53 PM
LES MORSE, Deputy Commissioner, Office of the Commissioner,
Department of Education and Early Development (EED), added that
an "accountability system" for schools is, and would still be,
in place. With regard to student accountability, once the bill
passes and undergoing a college and career readiness assessment
is no longer required, students will be able to obtain a diploma
simply by meeting their own high school's graduation criteria,
and the State has already set minimum-credit requirements for
graduating. College and career readiness assessments merely get
students thinking about and preparing for their future after
high school, and don't assess students' basic skills, and
neither those assessments nor the [since repealed] "exit" exams
address accountability with regard to whether Alaska's public
schools are doing a good job, he concluded.
12:18:52 PM
SENATOR HUGGINS moved to report the proposed Senate committee
substitute (SCS) for HB 44, labeled 29-LS0258\G, Glover,
5/18/15, from committee with individual recommendations and
forthcoming fiscal note(s). There being no objection, SCS
CSHB 44(EDC) was reported from the Senate Education Standing
Committee.
CHAIR DUNLEAVY, in closing, characterized SCS CSHB 44(EDC) as a
very good bill that would go a long way towards addressing
sexual assault, sexual abuse of a minor, and domestic violence
crimes in Alaska; and expressed favor with the provisions to the
bill that address parental rights.
SCS CSHB 44(EDC) was reported from the Senate Education Standing
Committee.