Legislature(2023 - 2024)DAVIS 106
03/29/2023 08:00 AM House EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB71 | |
| HB105 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 71 | TELECONFERENCED | |
| += | HB 105 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS
9:02:40 AM
CO-CHAIR ALLARD announced that the final 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."
9:03:14 AM
HEIDI TESHNER, Acting Commissioner, Department of Education and
Early Development (DEED), stated that she wished to address a
few misconceptions about HB 105 before invited testifiers
joined. She began by summarizing the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
The bill requires school districts to allow parental
access to school records and to develop policies
requiring written consent prior to providing
instruction related to human reproduction and sexual
matters.
Parental involvement initiatives in public education
have been increasing nationwide. In Alaska, parents
are becoming more actively involved in the content and
quality of instruction provided in public schools.
This involvement has resulted in an increased focus on
the presentation of content and materials that may not
be age-appropriate for all children. This bill
addresses these concerns by placing matters of
personal identification and sexual education directly
in the hands of parents at the local level.
Under the terms of the bill, school districts must
adopt rules that provide for notice and affirmative
written consent prior to any activity, class, or
program that includes sensitive and personal content
involving gender identity, human reproduction, or
sexual matters, and a class involving sex education
may not be attended by a child enrolled in a grade
below fourth grade. In addition, the bill recognizes
the rights of parents to designate the official name
used by schools when addressing or referring to
enrolled students. The bill authorizes the enforcement
of these policies through the use of civil litigation
by parents against school districts that knowingly or
recklessly refuse to comply with the statute.
A parent's right to information about a student's
physical, medical, and mental health is absolutely
critical to ensure the safety and privacy of their
children. Given the complex and dynamic nature of the
modem school environment, it is counterproductive to
create situations where a child's various caregivers
are not all operating on the same page. To that end,
this bill also prevents school districts from refusing
to release sensitive and personal student records to
the child's legal parent or guardian.
Finally, the bill recognizes every child's right to
privacy by requiring school districts to adopt
procedures addressing the physical safety and privacy
of students in locker rooms and restrooms in public
schools.
9:06:04 AM
MS. TESHNER clarified that the bill would not change anything
related to the requirements of Bree's Law; those remain as an
opt-out. The bill would not prevent sexual abuse awareness or
prevention classes from being taught. The bill would not
contribute to child abuse by forcing a teacher to "out" a gender
conforming child to their parents, and the bill explicitly
permits school personnel from withholding this information if
they knowingly believe it would result in abuse or neglect of
that child. The bill would not aim to take away the rights of
any student demographic. In closing, she explained, the rights
of parents to be involved and informed about what children are
being taught in school should not be controversial. The bill
would make a key change, she said, by changing the requirement
from the right to opt-out, to the requirement that parents must
opt-in. She shared her observation that parent involvement
often results in more successful, well-rounded children.
9:08:50 AM
CO-CHAIR ALLARD thanked Ms. Teshner for her clarifications and
welcomed invited testimony.
9:09:05 AM
DEENA BISHOP, retired, representing self, informed the committee
that she had retired from working in the Office of the Governor.
She summarized her years of service and background, and gave her
testimony in support of HB 105, supporting parents' rights and
transparency in Alaska schools. She stated that one of her
goals today was to share what the bill would not do, which she
believed would be useful in combatting disinformation. Parental
rights are not new in education, and parental involvement is key
to a child's educational success, she said, adding that parents
are the first and primary teachers of their children. The
governor's education bill empowers the people who are asked to
be partners to engage in schools and choose for their children
to educate them of personal matters, she conveyed.
9:15:17 AM
MS. BISHOP, explained that Alaska has laws that protect children
and teachers, noting that teachers are mandatory reporters by
way of their professional certification. She said HB 105, a
bill that guarantees the rights of parents to be involved, would
not remove duties to keep children safe nor would it remove the
instruction in personal safety or sexual abuse training. She
reiterated that it would not remove Bree's Law. All of these
[statements] have been false assertions, she said, adding that
the bill supports what the federal government already has
ensured. She emphasized that the bill is not a prohibition, it
is about parental permission. She urged the committee to
support HB 105 for what it does, and opined that it would
empower Alaska's parents and strengthen Alaska schools.
9:19:00 AM
KENDAL KRUSE, representing self, stated that she strongly
supported HB 105 for many reasons, and echoed the sentiments of
the previous testifier. She expressed concern about the
negative view of parents within school systems, and pointed out
that parental involvement increases the outcomes for children
academically and economically later in life. She mentioned the
declining state of mental health throughout Alaska, and asked
how children can be helped if [parents and teachers] are not
united. Pitting parents against teachers, she said, is not
going to unite or increase mental health statistics or result in
happy and healthy children.
9:23:28 AM
MS. KRUSE reflected on her work in healthcare the past nine
years and confirmed that she is also a mandatory reporter. She
stated that it is important to acknowledge that some children
are abused, some parents are involved, and there are systems in
place to help these children, which is critical. She noted the
diversity that exists in Alaska, and respected that there are
parents that object to certain things, as well as parents who
would like "those things" to be taught. She stressed that she
wanted both sets of parents to be able to make those decisions
for themselves. She thanked the committee for their service.
9:26:32 AM
TAMMY BUNKER, representing self, informed the committee that she
was a retired teacher, and gave invited testimony in support of
HB 105. She explained that she came from a long line of public
educators, and most of her life she had been invested in public
education. She added that she currently volunteers twice a week
at an elementary school. She stated that she is specifically in
support of the portion [of the bill] that would require written
permission for a child to participate in an activity, class, or
program that pertains to human reproduction, sexual matters, or
gender identity. She applauded the governor's desire to
increase transparency between schools and parents, and opined
that the bill would allow parents to make informed decisions
that are best for their child as well as allow parents and
educators to work together to help students reach their full
potential.
9:30:14 AM
TERRI LYONS, representing self, gave invited testimony on HB 105
and expressed her belief that parents have all the rights from
birth to be their child's moral, emotional, and financial
center. She stated her support for HB 105 except for the
provision indicating that sex education would start in the 4th
th
grade. She said she believed that 4 grade is far too young
with or without approval from a parent, and that children should
have a bit more maturity to be able to handle that information.
9:33:12 AM
LYNN HALFORD, representing self, provided a brief background and
began her testimony in support of HB 105. She noted that she
currently spends her retirement helping to care for six
grandchildren, which added to the reason why she cared about the
bill and wanted it passed into law. She stated that she
appreciated the grade level guidelines and did not want the
innocence of children violated by subjects that are not age
appropriate. She agreed with the testifiers that preceded her
and thanked the governor and the committee.
9:36:09 AM
CO-CHAIR ALLARD invited questions from the committee.
9:36:30 AM
REPRESENTATIVE PRAX requested that the testifiers submit
transcripts of their testimony.
9:36:50 AM
CO-CHAIR RUFFRIDGE referred to the statement that the bill would
not change Bree's Law; however, he noted that he did not hear
any reference to the "children's safety act" [Erin's Law]. He
asked whether there would be any effect on that particular piece
of legislation.
MS. BISHOP confirmed that it would not alter that legislation.
CO-CHAIR RUFFRIDGE asked how to teach a child how to spot and
report signs of abuse without being in violation of the proposed
legislation, should it become law.
MS. BISHOP replied that teaching materials are quite complex.
She explained that there are age-appropriate books and videos
used in regard to "good touch bad touch."
9:40:09 AM
CO-CHAIR RUFFRIDGE expressed concern that, as drafted, HB 105
would prevent conversations about good touch bad touch with
th
children under 4 grade because it would imply that there is
such a thing as a "bad touch." If HB 105 were to pass, he asked
whether teachers and parents would still be able to have that
conversation.
MS. BISHOP replied that the bill was about sexual matters and
personal maturation, two things that are present in the
education system and would require parent's permission instead
of opting out. It is not about abolishing or prohibiting
anything, she said, it is about parents understanding what is
being taught.
CO-CHAIR RUFFRIDGE referred to the statement that there was no
prohibition in the bill; however, Section 5 prohibited children
under grade four from participation in a class or program that
involves sex education, human reproduction or human sexuality
education. He opined that "good touch bad touch" still falls
under the realm that there are dangers that exist in regard to
sexual matters. He stated that he was having a hard time
reading the bill and not thinking that it would prohibit those
conversations.
MS. BISHOP explained that for children under the fourth grade,
educators teach them about safety and focusing on the basics of
[reading, writing, arithmetic]. She stated that as an educator,
personal safety and instruction on sexual matters are two very
different constructs.
9:44:27 AM
REPRESENTATIVE STORY emphasized the importance of teaching age
appropriate personal safety information and sough to confirm
that there would still be an opt-out option for child abuse
prevention and Brees Law.
9:46:23 AM
MS. TESHNER confirmed that is correct.
9:46:31 AM
REPRESENTATIVE HIMSCHOOT asked Ms. Tesher to speak to a legal
memo regarding the constitutionality of the proposed bill.
MS. TESHNER replied that she had not looked at the memo yet.
9:47:27 AM
REPRESENTATIVE PRAX expressed concern that the mandatory
reporting requirements had not been totally successful.
9:50:17 AM
MS. BISHOP responded that many reports are investigated that
turn out to be unfounded; however, the law was designed to
benefit children's safety first. She added that if a teacher
had information about endangerment, they were to report it.
9:55:04 AM
REPRESENTATIVE PRAX offered a personal anecdote about a homeless
teenager who needed a dad. He explained that he chose not to
foster the teen because he didn't want the hassle of the
government looking into his [family]. He shared his belief that
this concern required further conversation.
9:56:27 AM
REPRESENTATIVE MCKAY offered final comments regarding
organization and rules for the upcoming public testimony.
9:58:25 AM
CO-CHAIR ALLARD [announced that HB 105 was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| Amendment #1.pdf |
HEDC 3/29/2023 8:00:00 AM |
Amendment #1 - HB71 |
| HB0071A.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Sponsor Statement.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Sectional Analysis.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB 71 Fiscal Note.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 71 |
| HB105- House Education Hearing Request 3-8-2023.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105 Sponsor Statement.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105-Fiscal Note.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB0105A.PDF |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |
| HB105 - Sectional Analysis.pdf |
HEDC 3/29/2023 8:00:00 AM |
HB 105 |