03/13/2023 08:00 AM House EDUCATION

           HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS                                                                       
                                                                                                                                
8:21:53 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD announced  that the next order  of business would                                                               
be HOUSE BILL  NO. 105, "An Act relating to  parental rights in a                                                               
child's  education;   relating  to  access  to   school  records;                                                               
relating  to sex  education,  human  reproduction education,  and                                                               
human sexuality  education; relating  to school  disciplinary and                                                               
safety programs; and providing for an effective date."                                                                          
                                                                                                                                
8:22:19 AM                                                                                                                    
                                                                                                                                
SUSIE MCKENZIE,  Director, Division  of Innovation  and Education                                                               
Excellence,  Department  of   Education  and  Early  Development,                                                               
presented  HB 105,  on  behalf  of the  sponsor,  House Rules  by                                                               
request  of the  governor.    She said,  "The  fifth priority  of                                                               
Alaska's  Education  Challenge  is  to  improve  the  safety  and                                                               
wellbeing of students through  school partnerships with families,                                                               
communities,  and tribes."   She  listed  ways this  is done,  as                                                               
follows:  key  learning  courses;   an  initiative  for  positive                                                               
behavior, intervention, and  support; a trauma-engaged framework;                                                               
and family input throughout.                                                                                                    
                                                                                                                                
MS. MCKENZIE  related that research shows  students whose parents                                                               
stay involved in school do  better overall.  Parent engagement is                                                               
required in  many ways, as  follows: parent permission  to assess                                                               
and  engage a  child in  special education;  attendance of  field                                                               
trips;  pertaining  to the  Alaska  READS  Act; and  handing  out                                                               
medication at school.   She said that the  importance of parental                                                               
rights  was  established under  the  federal  Parents Rights  and                                                               
Responsibilities Act of 1995, and  this prohibits federal, state,                                                               
or local governments  from interfering with the  right of parents                                                               
to govern  the upbringing of their  children.  She said  in 2016,                                                               
the  federal Parent  Rights  Bill was  passed,  and this  adopted                                                               
school board  policies to promote  the involvement of  parents in                                                               
the education programming of school  districts, and this includes                                                               
the  recognition  of  the  authority of  parents  to  object  and                                                               
withdraw children from an activity, class, or program.                                                                          
                                                                                                                                
MS.  MCKENZIE  said  HB  105  would  "affirm  and  expand  Alaska                                                               
parental rights" and strengthen  "the partnership between parents                                                               
and school by meaningful notice and consent requests."                                                                          
                                                                                                                                
8:25:26 AM                                                                                                                    
                                                                                                                                
DEBORAH RIDDLE,  Operations Manager,  Division of  Innovation and                                                               
Education   Excellence,  Department   of   Education  and   Early                                                               
Development, on behalf of the  sponsor, House Rules by request of                                                               
the governor, presented  the sectional analysis for  HB 105 [copy                                                               
included  in  the  committee  packet],   which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1:                                                                                                                 
     Amends  AS 14.03.016,  A parent's  right to  direct the                                                                    
     education of  the parent's child,  (a)(3) by  adding to                                                                    
     the  list   of  parental  rights   regarding  student's                                                                    
     participation  in activities  and classes  that include                                                                    
     content involving gender. This  subsection also adds an                                                                    
     "opt-in"  provision   stating  that  parents   need  to                                                                    
     provide  written  permission  for their  student(s)  to                                                                    
     participate  in  the   activity  or  class.  Additional                                                                    
     language  is  added under  (a)(7)  that  a parent  must                                                                    
     provide  written permission  before a  name or  pronoun                                                                    
     may  be changed  in  student records  and under  (a)(8)                                                                    
     that parents must also be  notified in writing of legal                                                                    
     remedies available to them.                                                                                                
                                                                                                                                
     Section 2:                                                                                                                 
     Amends  AS 14.03.016(d)  by  adding  the definition  of                                                                    
     "gender  identity"  as  the  internal  sense  of  being                                                                    
     either male,  female, or something  else, which  may or                                                                    
     may  not  correspond  with an  individual's  biological                                                                    
     sex.                                                                                                                       
                                                                                                                                
     Section 3:                                                                                                                 
     Amends  AS 14.03.016  by  adding  two new  subsections.                                                                    
     Subsection  (e) states  that a  parent  may file  civil                                                                    
     action against a school district  who violates a policy                                                                    
     or  procedure   adopted  under  (a)  of   this  section                                                                    
     (Section 1 of this bill).  Subsection (f) states that a                                                                    
     school district  that knowingly or  recklessly violates                                                                    
     a  policy  or  procedure  under  (a)  of  this  section                                                                    
     (Section 1  of this bill)  is liable for not  less than                                                                    
     $5,000 in civil penalties and  may be liable for treble                                                                    
     damages upon  a showing  of a violation  established by                                                                    
     clear and convincing evidence.                                                                                             
                                                                                                                                
     Section 4:                                                                                                                 
     Amends  AS  14.03.115,  Access  to  school  records  by                                                                    
     parent, foster parent, or  guardian, by adding language                                                                    
     that   prohibits    school   districts    or   regional                                                                    
     educational    attendance   areas    from   selectively                                                                    
     withholding information  regarding a  child's physical,                                                                    
     medical,  or  mental  health   from  a  parent,  foster                                                                    
     parent, or  guardian unless the information  may result                                                                    
     in child abuse or neglect.                                                                                                 
                                                                                                                                
     Section 5:                                                                                                                 
     Amends AS 14.30.361,  Sex education, human reproductive                                                                    
     education,  and human  sexuality  education, by  adding                                                                    
     two  new  subsections.  Subsection (e)  states  that  a                                                                    
     class  or   program  involving  sex   education,  human                                                                    
     reproduction education,  and human  sexuality education                                                                    
     requires  parental  notice and  permission.  Subsection                                                                    
     (f) states that  these topics may not be  attended by a                                                                    
     child before  grade four (4)  except as provided  by AS                                                                    
     14.30.355,  Sexual abuse  and sexual  assault awareness                                                                    
     and prevention.                                                                                                            
                                                                                                                                
     Section  6: Amends  AS 14.33.120,  A parent's  right to                                                                    
     direct the education of the  parent's child, (a) adding                                                                    
     to the list of procedures  required by school districts                                                                    
     and   regional   educational    attendance   areas   on                                                                    
     addressing the physical safety  and privacy of students                                                                    
     in  locker  rooms  and  restrooms.  The  separation  of                                                                    
     students by  biological sex, access to  single occupant                                                                    
     facilities, or  other safety  and privacy  protocols is                                                                    
     required.                                                                                                                  
                                                                                                                                
     Section 7:                                                                                                                 
     Repeals AS  14.03.016, A parent's  right to  direct the                                                                    
     education  of the  parent's  child, subsection  (d)(2),                                                                    
     which  further defines  "human  reproduction or  sexual                                                                    
     matters" to  not include  sexual assault  awareness and                                                                    
     prevention  training   required  under   AS  14.30.355,                                                                    
     Sexual   abuse  and   sexual   assault  awareness   and                                                                    
     prevention,  nor dating  violence  and abuse  awareness                                                                    
     and  prevention training  required under  AS 14.30.356,                                                                    
     Teen   dating   violence   and  abuse   awareness   and                                                                    
     prevention program.                                                                                                        
                                                                                                                                
     Section 8:                                                                                                                 
     This bill is effective on July 1, 2023.                                                                                    
                                                                                                                                
MS. MCKENZIE noted there is a  $6,000 fiscal note for the purpose                                                               
of getting regulations in place.                                                                                                
                                                                                                                                
8:29:49 AM                                                                                                                    
                                                                                                                                
LISA STEWART,  Retired Teacher, gave  invited testimony  in favor                                                               
of HB  105.  She  emphasized the influence of  family experiences                                                               
in shaping  people, including their  life choices.  She  shared a                                                               
personal story of her upbringing,  education, and work experience                                                               
to  help illustrate  her  support of  HB 105.    She stated  that                                                               
working  with parents  is  crucial, as  parents  are a  student's                                                               
first  teacher.    She  gave  examples of  how  she  worked  with                                                               
teachers to "lean in" and listen  to their concerns.  She advised                                                               
that parental  involvement initiatives are  increasing nationwide                                                               
and are required for student success.                                                                                           
                                                                                                                                
8:38:59 AM                                                                                                                    
                                                                                                                                
MS.  STEWART argued  that separating  restrooms and  locker rooms                                                               
shows support for student safety  and the rights for students and                                                               
parents.    She  continued,  explaining that  given  her  diverse                                                               
experience in education,  she can confirm a  student's success is                                                               
the result  of parental  involvement.   In closing,  she provided                                                               
her belief  that children should  be able to count  on educators.                                                               
She expressed the opinion that  it would be counterproductive for                                                               
educators to not be on the same page with parents and students.                                                                 
                                                                                                                                
8:42:07 AM                                                                                                                    
                                                                                                                                
KRISTINE GUGEL, Parent,  gave invited testimony in  support of HB
.    She  began  by   underscoring  the  previous  testifier's                                                               
testimony.   She provided her  background in relation  to family,                                                               
education, and  community.  She stated  that she has worked  in a                                                               
correctional facility for  12 years, and she  highlighted this as                                                               
impactful in  regard to relationships  and trust.   She expressed                                                               
the  opinion  the parental  involvement  in  children's lives  is                                                               
important as part of the "education team."                                                                                      
                                                                                                                                
8:48:40 AM                                                                                                                    
                                                                                                                                
MS.  GUGEL   stated  that  family  involvement   is  critical  in                                                               
education  for   the  child's  well-being  and   for  the  school                                                               
district.   She explained  being involved  in her  own children's                                                               
classrooms, which resulted in her  own children being involved in                                                               
classroom activities.  She urged the passing of HB 105.                                                                         
                                                                                                                                
8:53:05 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  asked Ms.  Gugel if  she had  ever been                                                               
stopped  from  going  into  a   public  school  to  assist  in  a                                                               
classroom.                                                                                                                      
                                                                                                                                
MS.  GUGEL  replied   she  had  not  had   this  experience;  the                                                               
classrooms  were  open  and  available,   and  she  had  received                                                               
encouragement from teachers as well as the principal.                                                                           
                                                                                                                                
8:54:03 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD announced HB 105 was held over.