03/14/2022 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB312 | |
| SB36 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 36 | TELECONFERENCED | |
| += | HB 108 | TELECONFERENCED | |
| += | HB 48 | TELECONFERENCED | |
| += | HB 350 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| *+ | HB 312 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
March 14, 2022
8:05 a.m.
MEMBERS PRESENT
Representative Harriet Drummond, Co-Chair
Representative Andi Story, Co-Chair
Representative Tiffany Zulkosky
Representative Grier Hopkins
Representative Mike Prax
Representative Mike Cronk
Representative Ronald Gillham
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 312
"An Act relating to dress codes and natural hairstyles."
- HEARD & HELD
CS FOR SENATE BILL NO. 36(EDC)
"An Act relating to reporting requirements of the Board of
Regents of the University of Alaska."
- HEARD & HELD
HOUSE BILL NO. 108
"An Act relating to concurrent vocational education, training,
and on-the-job trade experience programs for students enrolled
in public secondary schools; relating to child labor; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 48
"An Act relating to the Alaska performance scholarship program."
- SCHEDULED BUT NOT HEARD
HOUSE BILL NO. 350
"An Act relating to school bond debt reimbursement; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
BILL: HB 312
SHORT TITLE: ALLOW NATURAL HAIRSTYLES
SPONSOR(s): REPRESENTATIVE(s) TARR
02/09/22 (H) READ THE FIRST TIME - REFERRALS
02/09/22 (H) EDC, L&C
03/11/22 (H) EDC AT 8:00 AM DAVIS 106
03/11/22 (H) Scheduled but Not Heard
03/14/22 (H) EDC AT 8:00 AM DAVIS 106
BILL: SB 36
SHORT TITLE: U OF A REGENTS REPORTING REQUIREMENTS
SPONSOR(s): SENATOR(s) STEVENS
01/25/21 (S) PREFILE RELEASED 1/8/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) EDC, FIN
03/08/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/08/21 (S) Heard & Held
03/08/21 (S) MINUTE(EDC)
03/17/21 (S) EDC AT 9:00 AM BUTROVICH 205
03/17/21 (S) Moved CSSB 36(EDC) Out of Committee
03/17/21 (S) MINUTE(EDC)
03/19/21 (S) EDC RPT CS 5DP SAME TITLE
03/19/21 (S) DP: HOLLAND, HUGHES, STEVENS, MICCICHE,
BEGICH
03/22/21 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/22/21 (S) Heard & Held
03/22/21 (S) MINUTE(FIN)
03/29/21 (S) FIN RPT CS(EDC) 3DP 1NR
03/29/21 (S) DP: STEDMAN, BISHOP, WIELECHOWSKI
03/29/21 (S) NR: WILSON
03/29/21 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/29/21 (S) Moved CSSB 36(FIN) Out of Committee
03/29/21 (S) MINUTE(FIN)
04/07/21 (S) TRANSMITTED TO (H)
04/07/21 (S) VERSION: CSSB 36(EDC)
04/09/21 (H) READ THE FIRST TIME - REFERRALS
04/09/21 (H) EDC, STA
03/14/22 (H) EDC AT 8:00 AM DAVIS 106
WITNESS REGISTER
REPRESENTATIVE GERAN TARR
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 312.
DAVID SONG, Staff
Representative Geran Tarr
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Tarr, prime
sponsor, gave a sectional analysis of HB 312.
WENDY GREENE, Professor of Law
Thomas R Kline School of Law
Drexel University
Philadelphia, Pennsylvania
POSITION STATEMENT: Testified in support of HB 312.
ROZLYN GRADY-WYCHE, Vice President
Alaska Coalition of BIPOC Educators
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
ALYSSA QUINTYNE, representing self
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 312.
MORGAN LIM, Lobbyist
Government Affairs Manager
Planned Parenthood Alliance Advocates
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 312.
LISA RUSH
Alaska Black Caucus
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
JACQUELINE RAY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
PHIL MOSER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 312.
MARKITA WYCHE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
DANYELLE KIMP, President
Alaska Coalition of BIPOC Educators
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
NORIA CLARK, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of HB 312.
DAVID NEES, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition of HB 312.
ROSALYN CAROL WYCHE, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 312.
SENATOR GARY STEVENS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSSB 36(EDC).
PAUL LAYER, PhD, Vice President
Academics, Students, and Research
University of Alaska System
Fairbanks, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 36(EDC).
ACTION NARRATIVE
8:05:13 AM
CO-CHAIR ANDI STORY called the House Education Standing
Committee meeting to order at 8:05 a.m. Representatives
Drummond, Cronk, Gillham, Prax, Hopkins, and Story were present
at the call to order. Representative Zulkosky arrived as the
meeting was in progress.
HB 312-ALLOW NATURAL HAIRSTYLES
8:06:34 AM
CO-CHAIR STORY announced that the first order of business would
be HOUSE BILL NO. 312, "An Act relating to dress codes and
natural hairstyles."
8:06:50 AM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, as prime
sponsor, presented HB 312. She stated that the proposed
legislation would prohibit schools and workplaces from enacting
dress codes that would restrict individuals from wearing their
natural hair. She recalled that she presented to the House
Education Standing Committee on school climate and
connectedness, noting that students' academic achievement
improves when they feel welcome and included in their school
environment. She suggested that HB 312 is important as it would
improve school climate across Alaska. She stated the
legislation would ensure that no employee or student would be
prohibited from work or school for wearing a natural hairstyle.
She argued that the legislation defines which standards are
unacceptable for schools and employers to place on hair and
provides clarity for school districts in a policy statement.
She stated that 14 states and 34 municipalities across the
country have adopted these policies. She cited that the
national version of the legislation is the CROWN Act, which is
sponsored by the soap company, Dove. She suggested it would be
great if Alaska could join others in passing a policy like this.
8:09:41 AM
DAVID SONG, Staff, Representative Tarr, Alaska State
Legislature, on behalf of Representative Tarr, prime sponsor,
gave a sectional analysis of HB 312 [included in the committee
packet], which read as follows [original punctuation provided]:
Section 1: Adds a new section (.135. Dress code;
natural hairstyles) to AS 14.03 (Title 14. Education,
Libraries, and Museums, 03. Public Schools Generally)
This section disallows a school district from adopting
a school dress code that prohibits a student from
wearing a hairstyle that is commonly or historically
associated with race, wearing a natural hairstyle
regardless of the student's hair texture or type, or
that requires a student to permanently or semi-
permanently alter their natural hair.
This bill makes an exception to allow school districts
to restrict hairstyles in any way necessary to comply
with health or safety laws.
Section 2: Adds a new section (.450. Dress code;
natural hairstyles) to AS 23.10 (Title 23. Labor and
Workers Compensation 10. Employment Practices and
Working Conditions)
This section is identical to section 1, except it
deals with an employee and employer relationship
rather than school and students.
REPRESENTATIVE TARR, in response to Co-Chair Story, stated that
there is a zero fiscal note, as the legislation would require
compliance only from school districts.
8:11:34 AM
CO-CHAIR STORY asked for an example of a policy that would
restrict hair for health or safety.
REPRESENTATIVE TARR responded that working in a cafeteria would
be an example, as all employees would be required to wear a
hairnet, and a policy here would make sure hair does not get in
the food. She added that some students work in the school
cafeteria.
8:12:25 AM
REPRESENTATIVE PRAX voiced concern that the term "natural" in
statute would be vague. He stated that the committee may
understand the meaning relative to the current discussion, but
in a larger context there may be confusion, especially to
employers. He questioned whether there could be a better
definition.
REPRESENTATIVE TARR referred to invited testimony to address
this concern. She stated that Legislative Legal Services could
also address the definition to provide clarity.
8:13:40 AM
The committee took a brief at-ease at 8:13 a.m.
8:13:56 AM
WENDY GREENE, Professor of Law, Thomas R Kline School of Law,
Drexel University, testified in support of HB 312. She thanked
the bill sponsor for the opportunity and shared that she is one
of the nation's leading antidiscrimination law scholars,
specializing in grooming-code discrimination. She stated that
over the past decade legal publications have circulated her work
on the social construction of race and the contemporary
operation of racial discrimination, and she is a co-drafter of
the federal CROWN Act. She said that, on the state and
municipal level, she serves as a legal advisor for cases on hair
discrimination in workplaces and schools, supporting legislation
like HB 312. She shared that she has devoted her career to
activating reforms in legislation and enhancing public awareness
around the harms of unchecked, discriminatory grooming policies.
She stated that policies that denigrate African descendants
often describe natural hairstyles as distracting, extreme,
excessive, unkempt, and unprofessional. She referred to
examples of natural hairstyles as locs, braids, twists, afros,
and banshee knots. She provided the example of a manager
telling a Black employee to "remove her braids or lose her job,"
as the woman's braids were too "ghetto."
MS. GREENE stated that grooming policies are often enforced to
deprive African descendants of employment, education, housing,
and access to public accommodation. She stated that African-
descendant males have often been required to cut off their hair
to keep a job, to receive a high school diploma, or to
participate in sporting competitions. African-descendant
females, while donning natural hairstyles, have been likewise
deprived of opportunities, along with being subjected to
heightened scrutiny and policing in disproportionate levels than
counterparts. She stated that being subjected to this type of
discipline and scrutiny in schools and workplaces affect
emotional, psychological, and physical wellbeing. She stated
that Black females, when faced with natural-hair bans, are
required to either cut their hair or wear their hair
straightened. She stated that straight-hair expectations are
usually met with the use of toxic chemicals, extreme heat, wigs,
and weaves. She described these methods as laborious and
painful, as African-descendant females often suffer hair and
scalp burns from chemical relaxers. Not only do they suffer
pain, but the relaxers, wigs, weaves, and extreme heat may cause
hair breakage, balding, and scalp disorders.
8:18:17 AM
MS. GREENE stated that research also indicates a potential
correlation between hair-straightening products and the
increased occurrence of uterine fibroids, hormone-related
infertility, and aggressive forms of breast and uterine cancer.
Natural-hair bans in workplaces and schools often leave African-
descendant females in a "Catch-22" situation: either they wear
natural hair at the risk of being deprived of opportunities for
employment or education, or they wear straight hair at the risk
of enduring consequential harm to their psychological or
physiological wellbeing. She asserted that many Black females
are put in this lawful bind under federal jurisprudence that
resulted from a "hair-splitting" legal distinction created in
the federal court. She stated that after the enactment of the
1964 Civil Rights Act, federal courts adopted what is known as
the mutability doctrine. Due to this doctrine, she said,
federal courts have repeatedly declared, for 40 years, that when
an employer denies an African descendant a job because he/she
adorns an afro, the employer engages in unlawful race
discrimination; however, the moment the individual twists, locs,
or braids the afro, and he/she suffers adverse treatment on
these grounds, the employer's discrimination would be lawful.
She stated that this is a pervasive form of racial
discrimination that harkens back to the era of racial slavery in
this country. She argued that HB 312 ensures that unjustifiable
gaps in federal civil rights' protection does not exist in
Alaska.
MS. GREENE stated that for many African descendants, donning
natural hairstyles is a critical feature of racial or cultural
identity, or simply how their hair grows. She continued that
the legislation ensures clear protection by eliminating the
possibility of being deprived an equal opportunity due to the
expression of racial or cultural identity. She thanked the bill
sponsors for advancing the civil rights legislation for all
those who experience racial discrimination on the basis of
characteristics associated with their racial or ethnic identity,
such as skin complexion, hair texture, hairstyle, language, or
accent. She continued that this is the policy stance "notably
advanced by Alaska's Department of Administration for public
employees." She urged committee members to support the
legislation as it provides clear and effective statutory
protection when these forms of discrimination occur in
workplaces and schools.
8:22:38 AM
ROZLYN GRADY-WYCHE, Vice President, Alaska Coalition of BIPOC
Educators, testified in support of HB 312. She shared that she
graduated from high school in Anchorage and works as a
paraprofessional at Mountain View Elementary School while
pursuing a teacher certification. She stated she is the owner
of a hair salon and a fourth-generation hair stylist. She also
shared that she is the founder of the Alaska Coalition of BIPOC
[Black, Indigenous, and people of color] Educators. She stated
that she supports the bill, as it reflects her personal
experience in high school. In an effort to control a "bad hair
day," she stated that the school administration sent her home
for wearing a pink bandana in her hair. She related another
personal story that, while recently at work, she complimented a
kindergartener on her afro. She said that later the child's
mother told her that the little girl did not like the hairstyle,
but after the compliment at school, the kindergartener came home
happy. She stated that image is important to students, and it
starts early.
8:26:54 AM
MS. GRADY-WYCHE stated that during the history of slavery in the
U.S. most African Americans styled their hair in an attempt to
mimic the styles of White society. She stated that Black
peoples' hair is characterized by texture and tightness and has
been described as kinky, coarse, nappy, or like wool. These
characteristics have led to negative views of kinky hair, which
is the opposite of the European-American standard of beauty.
She stated that, as a result, the practice of straightening
Black hair gained popularity among African Americans. The
process of straightening Black hair uses caustic relaxers that
contain lye, which often damages hair and results in hair loss.
She added that African slaves did not have the resources to
practice hair grooming and used sheep-fleecing tools to detail
their hair. She stated that they often suffered scalp disease
and infection due to their living conditions and would use
cornmeal on their scalp, shave their hair, or wear hats, as they
were often expected to appear well groomed. The men sometimes
would wear wigs to mimic their master's hairstyles, while women
typically plated or braided their hair. After slavery, Black
people learned to use lard to moisturize the hair, hot butter
knives to curl their hair, and lye to straighten their hair.
She stated that kinky hair and the afro hairstyle in the 1960s
represented a political statement synonymous with Black pride
and beauty, and, by default, a fundamental tool in the Black
power movement. She stated that the phrase "Black is beautiful"
expresses an affirmation of African heritage, and wearing kinky
hair today embraces "one's natural self." She described that,
since the late 20th century, the Black community has promoted
the idea of identity with hairstyles as cornrows, locs, braids,
hair spritz, short chopped, and kinky. She stated that, even
though this expression of identity has been joyful, it is not
celebrated in American culture. She voiced the opinion that
disapproval of Black hairstyles is still present today. She
expressed the concern that, due to the ideal of White beauty,
reserved, straight hairstyles seem to be more accepted, while
other styles face scrutiny. She expressed the idea that the
White-beauty ideal is pervasive in everyday life, but more
specifically the workplace and school. She described herself
and her children as having natural hair. She offered her
support of HB 312 because "Black is beautiful" and should be
accepted.
8:30:57 AM
ALYSSA QUINTYNE, representing self, testified in support of HB
312. She thanked the community for the opportunity to testify
and shared that many African Americans in Alaska suffer in
silence due to discrimination. She stated that every Black
acquaintance she has in Alaska has been harassed, sent home, and
spoken to about their hair in the workplace. She shared that at
school in Fairbanks teachers, administrators, and classmates put
her "through the ringer." She stated that classmates and
teachers would touch her hair without permission, and they would
ask inappropriate questions about her hair's texture and odor.
She stated that [due to her hair] the school barred her from
participating in classes and sporting events. She added that
other students physically harassed her by cutting, burning, and
pulling her hair. She stated that her mother went to the school
district about the harassment, but the school district did
nothing "to address the ignorance and bigotry" of the teachers
and administrators. She stated that there were never any amends
"for the decades of harm they had to put up with from that
district." With no other authority to consult, her mother
finally threatened legal action. As a result, the district
spoke with the teacher. She stated that afterwards she suffered
retaliation from the teacher. She added that experiences as an
adult in the workplace have been no better, except for her
current job. She shared that a human resources department wrote
a policy targeting her hairstyle, and she received the ultimatum
in another job to "come to work with your hair straight or don't
come at all." She indicated that she has worked many diverse
jobs and has always worn her hair in reasonable styles as
braids, twists, pressed hair, and plaits, and her hair always
fits into a hairnet, as needed. She shared that she has lived
paycheck to paycheck as a young adult with few options.
MS. QUINTYNE stated that she has made attempts to address the
problem in her community, beginning at 13 years old when she
gave testimony "begging" the school board to change the dress
code because it was discriminatory. She stated that for three
years she served on the [North Star Borough School District
Diversity Committee] and worked on the dress code for the entire
district. She stated that she educated the committee and the
school board about bonnets, doo rags, and gang affiliation, of
which she described as "racial microaggression rooted in fear
that targets Black and Brown students." She stated that she
supplied resources and suggestions on the responsibility of the
district concerning a student's financial access, culture,
identity, and expression. She stated that she shared the idea
about how language, such as "presentable" and "neat," reinforces
a European beauty standard that does not apply to every student.
She related the belief that her attempts were to no avail.
8:37:35 AM
MS. QUINTYNE expressed the belief that it is easier for people
to dismiss and belittle children and young adults who experience
hair discrimination. She stated that she has been told to stand
up for herself, tell the teacher, or tell human resources; but
the authority figures were the ones perpetuating the harm. She
stated that the city council would not address the issue and
referred to it as "a Lower 48 problem," and the borough assembly
"threw their hands up" but then passed a Black Lives Matter
resolution. She voiced the opinion that the assembly passed the
resolution because "our lives are only as worthy as it is for
them to be performative." She expressed the difficulty in
understanding how young people are supposed to learn from a
community and its adults when the authority figures are the
source of pain and trauma, and the legislature and congress does
nothing in response to a constituent who testifies and sends
emails.
MS. QUINTYNE put forth the opinion that Black students [in
Alaska] are unwelcome and unseen, but then they are told that
there is not a racial problem. She expressed exhaustion and
futility. She stated that when she shared HB 312 with people
she has known for years, who have witnessed her struggle, they
responded that they "didn't even know that was a problem." She
expressed hope that the legislation would allow those who
understand to teach others about the issue, as the legislation
would open the conversation on discrimination, microaggression,
and lateral violence. She stated that, instead of waiting for
marginalized communities to come forth and offer their trauma,
legislators need to actually look at what is happening in their
communities and make sure constituents are being protected the
way that they exist, and not the way they are allowed to exist.
Most importantly, she offered the hope that future Black
children in Alaska would feel welcomed and respected by their
peers and the adults in their lives, and they could grow up out
of love, not survival.
8:42:25 AM
REPRESENTATIVE PRAX stated that he would like to understand how
to define the conversation in law, so that people without the
benefit of the committee's discussion could understand what is
to be expected of them. He stated that "for some reason,
throughout history, we have divided ourselves into groups that
look like each other and talk like each other and act like each
other and would like to remain separate." He stated that, as
the population increases, there needs to be accommodation for
everyone, and "we have to decide how to get along better". He
expressed that there has to be a balance between individual
recognition and conformity in a standard others have to accept.
8:44:05 AM
REPRESENTATIVE TARR, responding to an earlier question from
Representative Prax, referred to the language in the bill on
page 1, lines 8-10. She stated that this language provides
qualifiers to the definition of a natural hairstyle. She
inquired whether these lines need more clarity. She indicated
that this would be the stage to develop clarity, and any issues
should be addressed now. She voiced the belief that the
language of the bill is similar to what other states have done.
She asked that Ms. Greene address this.
8:45:09 AM
MS. GREENE responded that the definition in HB 312 mirrors the
federal and state legislation, but without the phrase "includes,
but is not limited to". She advised if this language were
included in the proposed legislation, it would not only provide
a more expansive understanding of what constitutes a natural
hairstyle, but also encompass individuals of different racial
ethnic identities who may be experiencing this kind of
discrimination.
8:47:14 AM
REPRESENTATIVE PRAX expressed the opinion that his question
would be impossible to answer, as it is impossible to describe
the different situations in which someone might find a hairstyle
natural and acceptable. He continued that it also goes to the
demeanor of the person and the context of the situation. He
said that it would be very difficult to define by law, as a
style may be natural to one person, while another might find it
"aggressive and a threat." In example, he described a situation
in Fairbanks where he and his son were walking along the street
when they "encountered a gentleman that had geometric patterns
tattooed on his face and dreadlocks that mimicked Bob Marley."
He stated that the man looked "scary" and that he and his son
went around him. He said, "We did not want to associate with
him." He stated that he explained to his son that he would come
across different situations not found at home, and that he would
have to "learn to tolerate and accept this." He stated that,
within a month, the same man with the tattoos and hairstyle came
into the store he was managing to purchase a pair of Carhartt
trousers. He stated that in this context "of me wanting to
serve him and develop that relationship enough to meet his needs
... his hairstyle, his manner, and everything else was perfectly
acceptable to me." He stated that seeing him on the street and
not knowing him, "I felt threatened by his presence. That's the
problem we run into."
MS. GREENE stated that HB 312 is important because it would
address stereotypes affixed to people due to their hairstyles.
She expressed hope that the legislation would diminish, if not
eliminate, this stereotyping; therefore, the hairstyle would not
serve as a barrier for any exchange or relationship. She stated
that the crux of the issue is not what constitutes a natural
hairstyle, but that the natural hairstyle is associated with
social identity. To clarify, she posed the question: "Under
what circumstances do you have to accommodate ... or do you have
to ... accept an individual's expression of their racial or
ethnic identity that may be shaped ... by certain types of
biases that are conscious or unconscious in nature?"
8:51:42 AM
MS. QUINTYNE stated that Representative Prax's example is very
similar to her experiences. She stated that the issue is not
necessarily what people think about [African Americans], but it
is when a person in a position of authority has a certain
perspective about [African Americans] and could dictate the
outcome of a situation, such as a job interview or class. She
expressed the belief that people's right to discern her, their
opinion and perspective, would be more legally protected than
her actual right to exist, the way that she exists. She argued
that this is not just about hairstyles, but about [African
Americans'] ability to keep their hair neat and healthy, as this
often requires braids, locs, and other styles. If the hair of
[African Americans] is not styled, she stated that it could mat
and retain dirt more easily, so it becomes a matter of Black
hygiene. She expressed the confidence that most people in the
community can wash, condition, and detangle their hair and "call
it good," but Black people have to do things differently. She
said that they may have a certain hairstyle, not as a part of
their spirituality and culture, but to help keep their body
neat. She argued what would be more important - somebody's
right to discern, or somebody's right to exist?
8:54:22 AM
CO-CHAIR STORY opened public testimony on HB 312.
8:54:48 AM
MORGAN LIM, Lobbyist, Government Affairs Manager, Planned
Parenthood Alliance Advocates, testified in support of HB 312.
He stated that Planned Parenthood is committed to creating a
world in which all people have autonomy over their own bodies
and is in strong support of HB 312. He stated that dress codes
that ban certain hairstyles perpetuate racist stereotypes. This
could lead to over policing and disciplining people of color,
effecting educational, professional, and physiological outcomes.
He stated that Afrocentric and Indigenous hairstyles are
expressions of identity that hold historical, cultural, and
spiritual significance, and this serves to link historical and
contemporary identities. The expression of identity through
hairstyle also represents a rejection of Eurocentric ideas that
the texture of White European hair is inherently professional
and beautiful, while the texture and style of nonwhite hair is
inherently unprofessional and undesirable. He continued that
dress codes that imbed racial stereotypes into policy perpetuate
a White supremacist's belief system and result in disciplinary
discrimination against students and employees of color. He
stated that research shows schools that enforce dress codes
against Black students by policing hairstyles leads educators to
discipline students of color more often than White students. He
stated that this discipline results in the loss of class time,
which impacts graduation rates and access to higher education.
He stated that Planned Parenthood strongly supports the
legislation and urges the committee to move it forward.
8:57:10 AM
REPRESENTATIVE PRAX stated that he would like to show a photo to
the committee. He made a comparison of the individual in the
photo with Mr. Lim, stating that they both have a shaved-head
hairstyle. He pointed out the person in the photo was wearing a
different style of jacket and had a scowl on his face. He
referenced the article attached to the photo that identified the
man with the skinhead movement. He suggested that Mr. Lim
dressed so as to make "an attempt to conform to what you would
expect to find in this room." He questioned Mr. Lim on how to
"tell the difference between him ... and you."
MR. LIM responded that the purpose of the bill would be that
people are not judged by their hairstyles, but by their actions.
If a person is a part of a certain movement, they would be
judged on that. He stated that many people in the building have
hairstyles similar to his, and they all seek to not be judged by
that style.
8:59:28 AM
LISA RUSH, Alaska Black Caucus, testified in support of HB 312.
She shared that the Alaska Black Caucus advocates for Black,
Indigenous, and other people of color in their lives and
livelihoods across Alaska. She stated that the organization is
committed to eliminating all forms of racial prejudice, keeping
the public aware of the adverse effects of racial, educational,
political, and economic discrimination, and resolving to take
all necessary action to secure and assure elimination of all
forms of prejudices. She stated that history has shown implicit
and explicit prejudices against natural hair deeply rooted in
schools and workplaces. She asserted that the focus should be
on the quality of the student or the employee, who should be
able to wear his/her hair with pride and dignity. She stated
that the Alaska Black Caucus supports legislation that prohibits
policies that have a disparate impact on natural hairstyles
closely related to race.
9:01:21 AM
JACQUELINE RAY, representing self, testified in support of HB
312.
9:02:02 AM
PHIL MOSER, representing self, testified in support of HB 312.
Referencing [Native Alaskan] boarding schools, he stated that
there has been a long history of discrimination in Alaska. He
maintained that schools have often functioned as a place where
Black and Indigenous children are disciplined, suspended, and
expelled at much higher rates than the general population. He
stated that these children may have a harder time later in life
due to their treatment in school. He expressed the hope that
the legislation would help prevent this.
9:04:31 AM
MARKITA WYCHE, representing self, testified in support of HB
312. She shared that she is an African-American woman and grew
up in Alaska. She stated that she has experienced
discrimination in school and at work. She explained that
judgements are made about her character based on her hairstyle,
and she expressed hope that children in the future would not
have to experience this.
9:06:03 AM
DANYELLE KIMP, President, Alaska Coalition of BIPOC Educators,
testified in support of HB 312. He shared that he is a retired
military combat officer, a parent, and an African American male.
He stated that he is a co-founding member of the Alaska
Coalition of BIPOC Educators, and its mission is to champion
equity in education for communities of color in order to achieve
equality. He stated that HB 312 would be a remedy to a century-
long problem of discrimination against Black people for their
hair. He cited the incident when a local student had to fight
to keep his hairstyle. He said in this fight, the student lost
his heritage and his history. He referenced the unfair
treatment that forces Black women to use relaxers on their hair.
He said that natural, healthy hairstyles are expressions of
Black heritage and history. He stated that microaggressions
come in the form of the comment made earlier in the hearing by
the legislator who expressed that "a man with locs was scary."
He expressed the belief that people cannot change each other's
perspective, but the legislation could help prevent
discriminatory actions toward individuals. He shared that his
son wears locs, so HB 312 would help protect him and other Black
students. He stated that a few years ago the U.S. Military made
necessary changes to its regulations to protect natural
hairstyles. He asserted that "if they can do it, then Alaska
could do it too." He stated that the BIPOC educators and
community need the bill, but most importantly the BIPOC students
do.
9:10:32 AM
REPRESENTATIVE PRAX expressed the need to understand when it
would be acceptable for someone to feel threatened [by a
person's hairstyle]. He requested that, for the benefit of
understanding, those testifying consider sending pictures of
acceptable, natural hairstyles.
MR. KIMP responded that if someone is interested in something,
he/she should do the research. He stated that the burden should
not always be on people of color or people who have been
historically oppressed. He stated that if a person is curious,
he/she should meet some Black people to attain a better
understanding of the issue.
REPRESENTATIVE PRAX expressed interest in learning [about Black
culture] but believed that there is miscommunication, and
discussion is the best way to sort out the issue. He reasserted
that there needs to be some sort of recognizable standards.
9:13:50 AM
CO-CHAIR STORY stated that she appreciated the honesty
throughout the discussion. She opined that people grow by
reflecting on thoughts they hold against others who are
considered different. She stated that serving on the school
board helped her be in touch with unconscious biases.
9:14:44 AM
NORIA CLARK, representing self, testified in opposition to HB
312. She stated that there are larger issues with youth that
are familial and systematic. She shared that her heritage is
Algerian and African American, and she is considered light
complected. She stated that her mother taught her to be a
strong woman and have confidence in life, but she experiences
reverse racism. She stated that people speak to her in a
different way and are mean to her because of her light
complexion and White haircut. She is a helicopter pilot and
because of this she had to cut her long, curly hair and wear a
White hairstyle. She added that when her hair was curly and
messy, she would get compliments. She expressed the belief that
the issue is [parents] should teach confidence and encourage
their children to accept who they are and be happy. She
asserted that it comes down to people being kind to each other.
She stated she is happy with herself and everyone [in the
discussion]. She thanked the committee for its hard work
against "any kind of racism." She stressed that people need to
unite, love, and take care of each other, otherwise humans will
not be moving forward in the world. She stated that she does
not support the bill because legislation does not need to be
about hair products or sending pictures of hairstyles, because
this will not make a difference.
9:20:10 AM
DAVID NEES, representing self, testified in opposition to HB
312. He shared that he has been an educator for over 30 years
and was a member of the 2014 House Taskforce on Sustainable
Education. He argued that the committee is about education, and
the bill, even though it is noble, does not serve any
educational purpose. He stated that the failure rate of Black
males in the Anchorage School District is the highest of any
school district in the state. He said, "I don't see how
allowing them to wear afros is going to increase that." He
expressed concern that the bill would not allow exemptions for
occupations where long hair would be dangerous, citing this as
the reason firefighters and policemen have short hair. He
argued that the legislation would not increase educational
output but promote tribalism. He stated the opinion that the
legislation is looking for a problem. He maintained that the
problem in front of the committee is the failure of education
for minority children in Alaska, concluding that this bill does
nothing to resolve that problem.
9:22:11 AM
ROSALYN CAROL WYCHE, representing self, testified in support of
HB 312. She stated that she is the mother of a previous
testifier. She shared that she has been a hairdresser since
1982 in Alaska and a third-generation salon owner. She stated
that she has seen many different ethnic people in her shop and
many White people with adopted Black children who do not
understand Black hair. She stated that the difference is, while
White people have to clean the oil out of their hair, Black
people need to add oil. She expressed the opinion that the bill
is necessary, as people are still being told they must change
their hair to keep their job. She related the story that her
granddaughter was recently told at school that she could not
wear a scarf on her head because it was not affiliated with
religion. She stated that hairstyles are part of African-
American culture.
MS. WYCHE offered her understanding of the frightening aspect of
appearance. She stated that she would be frightened if a White
male that looked like "a caveman" approached her. She stated
that if hair is maintained and presentable there should be no
problem. She stated she has always told her girls they are
beautiful, but they still had negative encounters at school.
She shared that she considers herself to be a strong Black
woman, but she has a daughter, who was self-conscious at school.
She acknowledged that not all people are strong. She stated
that, as a strong Black woman, she reinforced her daughter's
identity as precious and beautiful. She said that, through
history, Black people have been stripped of their culture and
their traditions. She explained that Black people only have the
traditions taught in America, so it should not be a bad thing
for them to express a little culture through hairstyles.
9:30:00 AM
CO-CHAIR STORY, after ascertaining there was no one else who
wished to testify, closed public testimony on HB 312.
9:30:12 AM
CO-CHAIR STORY announced that HB 312 was held over.
SB 36-U OF A REGENTS REPORTING REQUIREMENTS
9:30:31 AM
CO-CHAIR STORY announced that the final order of business would
be CS FOR SENATE BILL NO. 36(EDC), "An Act relating to reporting
requirements of the Board of Regents of the University of
Alaska."
9:30:52 AM
SENATOR GARY STEVENS, Alaska State Legislature, as prime
sponsor, presented CSSB 36(EDC). He stated that in 2019 the
University of Alaska Anchorage (UAA) lost accreditation in its
education program. He stated that the "embarrassing situation"
resulted from a lack of communication "between the university,
various arms of the university, the department, the president
and all involved." He explained that the proposed bill would
specify that the University of Alaska (UA) include accreditation
plans in its biannual report to the legislature. He stated that
the legislation would align with the existing requirement that
the university administration report components to the UA Board
of Regents, drawing attention to any program that may be
compromised. He offered that the bill would not be intended as
punitive and assured everything at the university is functioning
properly. He offered his respect to the UA's current
administration and expressed confidence that the legislation is
a priority of the president and the UA Board of Regents. He
asserted that the goal would be preemptive by keeping the
legislature informed on accreditations and avoid the
communication errors that occurred in the past.
SENATOR STEVENS stated that after the education accreditation at
UAA was lost, UA brought in faculty from the University of
Alaska Fairbanks (UAF) and the University of Alaska Southeast
(UAS) to provide the needed degrees. He added that Alaska has a
great need for teachers, and it is a "shame" the biggest campus
in Alaska does not have accreditation for an education program.
He acknowledged that the accreditation process is complicated.
He stated that the Northwest Commission for Colleges and
Universities (NWCCU) offers accreditation to universities in the
western part of the country. He outlined the process in that an
accreditation team, made up of professors, department chairs,
presidents, and deans, would be sent to a campus to review
programs and make recommendations. The university would then be
given time to make any changes, and the team would return to
check progress. He stated that the process is long and involved
but achieves high quality programs. He stated that when the
education program lost its accreditation, the president of UA
was blindsided, which exemplifies that there was a lack of
communication. He expressed hope that the proposed legislation
would make sure this type of mistake does not reoccur.
9:34:59 AM
REPRESENTATIVE CRONK offered his understanding that, despite the
loss of accreditation, no one lost his/her job at the
university. He deduced that if there were no jobs lost over
this issue, there is zero accountability. He stated concern
about [the lack of] accountability and expressed that [without
any] accountability, it would be difficult for him to support
the proposed legislation.
SENATOR STEVENS stated that the bill would improve
accountability, as it requires the university to report to the
legislature. He stated that it is not up to him to report the
details on the loss of accreditation, and who was at fault, but
that question should be asked of the university.
9:36:53 AM
REPRESENTATIVE PRAX stated that the situation needs to be
addressed. He expressed the opinion that no one at the
university would sabotage the accreditation process, insisting
there has to be standards. He questioned whether the proposed
legislation would provide guidelines or requirements that the
university relay meaningful information [to the legislature].
He agreed with Representative Cronk that there needs to be
accountability.
SENATOR STEVENS responded that it was "disastrous" to lose the
accreditation, and he is not aware of this ever occurring in
another university. He stated that the NWCCU's accreditation
guidelines are very clear, aligning with the goal to provide the
best possible education to students. He stated that the bill
would not change the process but directs the university to
follow the advice of the accrediting organization. He stated
that the bill would not need to be more prescriptive, as this
part comes from the accrediting organization.
9:40:20 AM
PAUL LAYER, PhD, Vice President, Academics, Students, and
Research, University of Alaska System, answered questions on
CSSB 36(EDC). He indicated that there are different types of
accreditations. Institutional accreditation indorses the entire
institution and the Board of Regents, and the U.S. Department of
Education sanctions this type of accreditation. He stated that
NWCCU has given each of the three universities within the UA
system institutional accreditation. In example, he stated that
UAA went through a midcycle review last fall and received high
marks in all areas, with no recommendations, but several
accommodations. He stated that UA has had strong evaluations
from NWCCU for as long as the university has existed, and the
university is proud of its record with NWCCU from an
institutional standpoint. He continued that, in addition to the
institutional accreditation, the UA system has over 100
individual programs that hold specialized accreditations.
Different organizations offer specialized accreditation for each
program, such as engineering, nursing, and education. Each of
these accrediting organizations has its own set of standards.
He stated that it was one of these specialized accreditors that
did not [renew UAA's education program in 2019]. He stated
that, in reviewing records, he found that UA has never before
had any issue with specialized accreditation. He stated that
accreditations are valuable to assure students and employers
that UA has quality programs. He added that in the NWCCU's
review there were no questions about the quality of the
graduates from UAA's education program. He explained that the
denial of accreditation had to do with how the program was
"using input, feedback, improving the program, tracking the
students, et cetera." He reiterated that graduates from that
program have continued to receive high marks from school
districts and their employers. He stated that the 2019 denial
of accreditation was an "unfortunate event," and none of those
interim leaders remain at the university. He expressed the
belief that the quality of the programs now reflects the new
leadership.
9:43:27 AM
DR. LAYER stated that the programs that were not renewed for
accreditation are called initial licensure programs. Since that
time, the State Board of Education and Early Development has
given approval to reestablish the initial licensure program in
early education and admit students to the program while
accreditation is being pursued. He said, "It is sort of a
chicken and egg thing: you have to have students to get
accreditation, but we have to have our graduates be licensed in
the state of Alaska." He stated that, as Senator Stevens
mentioned, UAF and UAS are providing education programs in the
Anchorage area, so the needs of students seeking teaching
degrees are being meet. He stated that last fall the UA Board
of Regents approved modifications to its accreditation policy to
incorporate some of the reporting language from AS 14.40.190.
The proposed legislation would reflect this language while
representing board requirements. He stated that the UA Board of
Regents has now formalized reporting, making it a requirement
that each chancellor inform the president and the board if there
are concerns, even if the concerns are emerging and early in the
status of accreditation. He emphasized that lessons learned
from the 2019 incident have been taken seriously, and the
university has identified responsibility and established clear
reporting policies. He stated that UA provides an annual report
on accreditation to the UA Board of Regents, and the proposed
legislation would incorporate this reporting. He stated that
the UA Board of Regents is ultimately responsible for the
university and takes that responsibility seriously, especially
in the realm of accreditation, as the Alaska State Constitution
has provided that the UA Board of Regents is the governing body
of UA, and accreditation is a key part of its responsibility.
9:46:34 AM
DR. LAYER, in response to Co-Chair Drummond, stated that when
the UAA's School of Education lost its accreditation, the dean,
the provost, and the chancellor were all interim. He stated
that those individuals are no longer with the university. He
stated that UAA hired a new chancellor in the middle of the
accreditation crisis, and the new chancellor tried to alleviate
concerns, but the decision had been made.
DR. LAYER, in response to Representative Prax, stated that the
guidelines for certification and accreditation are very explicit
and easy to follow. He stated that when UAA was undergoing the
review with the education accrediting organization, UAF was also
going through the same process with the same organization. He
stated that accreditation is a major undertaking, and UAF was
able to move through the process with no problem. He added that
UAS also underwent the same review with the same organization
the following year. He stated that each university approaches
the process differently, and some of the other schools of
education at UAA came through the process with no problem. He
pointed out that UAA lost its accreditation for the initial
licensure programs, but last year gained the accreditations of
specialized degree programs for returning graduates within the
School of Education. He stated that UAA is trying to
reestablish the initial licensure programs through the
accreditation process.
DR. LAYER, responding to a follow-up question, stated that the
university reviewed the circumstances surrounding the loss of
accreditation and identified the issues. He pointed out there
was a failure to consult experts at the university for guidance
due to "the feeling that one group could do it on their own."
He stated that the "failure of communication up the chain to
discuss the severity of the problem" was a factor. He stated
that, because this was unprecedented, there was the idea that
the university may only get a warning, but the accrediting
organization chose to go in a different direction with its
review. He witnessed the unprecedented process unfold and
expressed that the university never wants it to happen again.
In response to a follow-up question, he stated that he would be
able to provide the report on the investigation to the
committee.
9:52:28 AM
CO-CHAIR STORY opened public testimony on CSSB 36(EDC). After
ascertaining that there was no one who wished to testify, she
closed public testimony.
9:53:20 AM
CO-CHAIR STORY announced that CSSB 36(EDC) was held over.
9:53:37 AM
The committee took a brief at-ease at 9:53 a.m.
9:54:11 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 9:54 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 36 Bill Packet.pdf |
HEDC 3/14/2022 8:00:00 AM |
SB 36 |
| SB0036B.PDF |
HEDC 3/14/2022 8:00:00 AM |
SB 36 |
| SB036_UA_Accred_Reporting_SponsorStatement.pdf |
HEDC 3/14/2022 8:00:00 AM |
SB 36 |
| SB036_UA-Accreditation_Sectional_Version B.pdf |
HEDC 3/14/2022 8:00:00 AM |
SB 36 |
| SB036_UnivAK_Accreditation_Research_UA Accred Report_25August2020.pdf |
HEDC 3/14/2022 8:00:00 AM |
SB 36 |
| HB 108 Invited Testimony 030422.pdf |
HEDC 3/14/2022 8:00:00 AM |
HB 108 |
| HB 48 Support 031022.pdf |
HEDC 3/14/2022 8:00:00 AM |
HB 48 |
| HB 350 Oppose 031022.pdf |
HEDC 3/14/2022 8:00:00 AM |
HB 350 |