04/15/2024 01:00 PM House JUDICIARY

           HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS                                                                       
                                                                                                                                
1:50:33 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  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."  [Before                                                               
the committee was CSHB 105(EDC).]                                                                                               
                                                                                                                                
1:51:08 PM                                                                                                                    
                                                                                                                                
DEENA  BISHOP, EdD,  Commissioner,  Office  of the  Commissioner,                                                               
Department of Education  and Early Development, on  behalf of the                                                               
House  Rules  Standing  Committee,  sponsor  by  request  of  the                                                               
governor, presented  CSHB 105(EDC).   She paraphrased  the letter                                                               
of  transmittal [hard  copy included  in  the committee  packet],                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Under the authority of Article  III, Section 18, of the                                                                    
     Alaska Constitution, I am  transmitting a bill amending                                                                    
     Alaska's education  statutes to  increase opportunities                                                                    
     for parental involvement  in their children's education                                                                    
     by    creating    meaningful   notice    and    consent                                                                    
     requirements.  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.                                                                                                         
                                                                                                                                
1:58:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD moved to adopt the proposed committee                                                                     
substitute (CS) for HB 105, Version33-GH1072\O, Bergerud,                                                                       
4/13/24, as the working document.                                                                                               
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
1:59:24 PM                                                                                                                    
                                                                                                                                
BOB BALLINGER,  Staff, Representative  Sarah Vance,  Alaska State                                                               
Legislature,  on   behalf  of   Representative  Vance,   gave  an                                                               
explanation of changes  in the proposed CS for HB  105, Version O                                                               
[included  in  the  committee  packet],  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 1 amends AS 14.03.016(a) to do 3 things:                                                                           
                                                                                                                                
     1.  Require  that  a  child's  parent  provide  written                                                                    
     permission  before the  child  may  participate in  any                                                                    
     activity,  class,  or  program  that  includes  content                                                                    
     involving sexual matters;                                                                                                  
     2. Require written permission from  a parent before the                                                                    
     name or pronoun  used by a public school  to address or                                                                    
     refer   to    the   child   in   person,    on   school                                                                    
     identification, or in school records is changed; and                                                                       
     3. Require that a parent  be informed in writing of the                                                                    
     right to pursue legal  action against a school district                                                                    
     if the parent's rights have been violated.                                                                                 
                                                                                                                                
     Section  2 amends  AS 14.03.016(d)  by  adding two  new                                                                    
     paragraphs  to  define  "gender identity"  and  "sexual                                                                    
     matters."                                                                                                                  
                                                                                                                                
     Section  3 amends  AS 14.03.016(d)  by  adding two  new                                                                    
     subsections (e) and (f) to  establish the penalties for                                                                    
     violations of  a policy adopted  under this  section in                                                                    
     (e)  and in  subsection  (f), to  require  a school  to                                                                    
     coordinate  with  a   parent  to  provide  supplemental                                                                    
     materials when a child is  withdrawn from a class under                                                                    
     this section.                                                                                                              
                                                                                                                                
     Section  4 amends  AS 14.03.115  to require  schools to                                                                    
     provide the  "entire" record of a  student if requested                                                                    
     and to provide a  written explanation that includes the                                                                    
     legal  exemption for  withholding that  portion of  the                                                                    
     record if they do not provide it.                                                                                          
                                                                                                                                
     Section 5  amends AS  14.20.020(k) to  include training                                                                    
     on sex trafficking and human trafficking.                                                                                  
                                                                                                                                
     Section  6 amends  AS 14.30.030  to include  guidelines                                                                    
     for the  procedures schools  must establish  to prevent                                                                    
     and reduce truancy.                                                                                                        
                                                                                                                                
     Section 7  amends AS  14.30.355(a) to  include training                                                                    
     on sex trafficking and human trafficking.                                                                                  
                                                                                                                                
     Section 8 amends AS  14.30.355(b) to include guidelines                                                                    
     for  the training  required in  (a), information  about                                                                    
     safe  online  practices,  sex  trafficking,  and  human                                                                    
     trafficking.                                                                                                               
                                                                                                                                
     Section  9  amends  AS  14.30.361  by  adding  two  new                                                                    
     subsections  (e)  and  (f).  Subsection  (e)  prohibits                                                                    
     teaching  students any  material that  includes "sexual                                                                    
     matters"  without  obtaining   the  written  permission                                                                    
     required  in  AS  14.03.016(a)(3), and  Subsection  (f)                                                                    
     prohibits the teaching of  "sexual matters" to children                                                                    
     in K-3 except as provided for in AS 14.30.355.                                                                             
                                                                                                                                
     Section  10   amends  AS  14.33.120(a)  to   include  a                                                                    
     Paragraph  10 to  require  school  boards to  establish                                                                    
     procedures to  address the physical safety  and privacy                                                                    
     of students in locker rooms and restrooms.                                                                                 
                                                                                                                                
2:07:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY maintained his objection.                                                                                   
                                                                                                                                
2:07:39 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Carpenter,  C.                                                               
Johnson, Sumner,  Allard, and  Vance voted  in favor  of adopting                                                               
CSHB 105,  Version O, as  the working document.   Representatives                                                               
Gray  and  Groh voted  against  it.    Therefore, Version  O  was                                                               
adopted by a vote of 5-2.                                                                                                       
                                                                                                                                
2:08:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER referred to  Section 1, paragraph (7) of                                                               
Version  O and  asked  whether school  districts  would still  be                                                               
required  to  keep  a  list   of  pronouns  and  names  with  the                                                               
permission slips or whether that list would no longer be needed.                                                                
                                                                                                                                
COMMISSIONER BISHOP said  a list of pronouns  would be maintained                                                               
for each classroom in a computerized program.                                                                                   
                                                                                                                                
2:10:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   CARPENTER    asked   whether   the    list   and                                                               
identification of names  and pronouns were for  the exclusive use                                                               
of teachers or whether parents  and students would be expected to                                                               
use the identified pronouns too.                                                                                                
                                                                                                                                
COMMISSIONER BISHOP  said the expectation  would be for  the name                                                               
to be utilized if parents gave permission.                                                                                      
                                                                                                                                
REPRESENTATIVE  CARPENTER said  he was  trying to  understand the                                                               
purpose of the list and the permissions slip in the first place.                                                                
                                                                                                                                
COMMISSIONER  BISHIP confirmed  that the  list of  approved names                                                               
would exist to be used by the educator.                                                                                         
                                                                                                                                
REPRESENTATIVE CARPENTER asked whether  the school district would                                                               
require students to follow the  approved list of names for [their                                                               
fellow] students, and whether not  following the list would be in                                                               
violation of those students' rights.                                                                                            
                                                                                                                                
2:13:53 PM                                                                                                                    
                                                                                                                                
COMMISSIONER BISHOP  said there  is no  state law  that addresses                                                               
this specific  issue; however,  it could  be possible  for policy                                                               
regarding  approved  name  usage  to be  placed  in  the  student                                                               
handbook.                                                                                                                       
                                                                                                                                
2:14:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SUMNER  asked  whether the  district  would  have                                                               
civil liability  if a teacher  misgendered a child or  refused to                                                               
use his/her parent approved pronouns for religious reasons.                                                                     
                                                                                                                                
COMMISSIOENR  BISHOP said  she is  unsure of  the legality.   She                                                               
added that some  educators have expressed interest  in creating a                                                               
teacher's bill of rights.                                                                                                       
                                                                                                                                
2:15:46 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that  CSHB 105, Version  O, would  be held                                                               
over.