Legislature(2023 - 2024)BELTZ 105 (TSBldg)
05/10/2024 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| HB111 | |
| HB230 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 111 | TELECONFERENCED | |
| *+ | HB 230 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
HB 111-EDUCATION FOR DEAF & HARD OF HEARING
3:33:00 PM
CHAIR TOBIN announced the consideration of CS FOR HOUSE BILL NO.
111(EDC) "An Act relating to public school students who are deaf
or hard of hearing."
3:33:24 PM
REPRESENTATIVE JAMIE ALLARD, District 23, Alaska State
Legislature, Juneau, Alaska, paraphrased her sponsor statement:
Sponsor Statement
HB111 - EDUCATION FOR DEAF & HEARING IMPAIRED
"An Act relating to public school students who are
deaf or have a hearing impairment."
House Bill 111 is a deaf and hard of hearing
children's bill of rights that establishes consistency
in the information provided to parents by the school
district, allows parents to choose the best method of
communication for their child and requires the school
district to provide services using the parent's chosen
method of communication.
Deaf children are born with the same ability to
acquire language as others. They have the right and
capacity to be educated, graduate from high school,
obtain further education, and pursue a career. They
have the right to have their ability to communicate
and acquire language to be treated as a priority.
Lack of access in the classroom leads to students
missing essential information in lectures and
classroom discussions and can lead to low academic
achievement and lower language acquisition. Children
who are deaf or hard of hearing have the right to
accommodations and access to academic instruction,
school services, and extracurricular activities in
their primary language. Access in their primary
languages gives them the opportunity to benefit from
all services and programs at their school and to fully
access education and society.
Given the unique nature of rural Alaska, some children
who are deaf or hard of hearing may require
residential services as part of their educational
program. HB 111 declares all deaf children have the
right to an individualized education program and that
their parent will be able to choose the method of
communication that will be the most appropriate for
their child.
House Bill 111 establishes that children who are deaf
or hard of hearing have the right to an individualized
education program that identifies their primary
language, considers their prognosis for hearing loss,
provides instruction in their primary language,
provides assistive devices and services, and provides
appropriate and timely assessments in their primary
language.
Seventeen states have passed a Deaf and Hard of
Hearing Children's Bill of Rights.
3:36:44 PM
CHAIR TOBIN announced invited testimony on HB 111.
3:37:03 PM
RICHARD SAVILLE, Program Coordinator, Governor's Council on
Disabilities and Special Education, Anchorage, Alaska, stated
that the Governor's Council was approached by the deaf community
in the fall of 2022 to advance the Deaf and Hard of Hearing
Children's Bill of Rights. He thanked Representative Allard for
sponsoring HB 111 in the House last session. He emphasized that
deaf and hard-of-hearing children have the right to prioritize
their ability to communicate and acquire language, learn from
qualified professionals who can communicate directly with them,
and interact with deaf adult role models. He stressed their
right to have deaf peers of the same language mode, level, and
age, as well as full access to unbiased information, specialized
personnel, school programs, and social activities. He explained
that HB 111 will protect these rights, codify the Alaska School
for the Deaf into statute, and ensure its preservation for
future generations. He urged support for HB 111 to guarantee
these resources are available to families and to affirm the
value of deaf and hard-of-hearing children as members of the
community.
3:38:44 PM
CHAIR TOBIN opened public testimony on HB 111.
3:39:59 PM
COURTNEY WESTMAN, Chair, Deaf Education Board, Anchorage,
Alaska, testified in support of HB 111 and expressed that she
has been an advocate for a long time. She emphasized the
importance of ensuring that deaf and hard-of-hearing children
have access to equal opportunities, noting that significant gaps
have existed in this area over the years. She highlighted the
need to address competing opinions by providing unbiased
information to ensure true access for all deaf and hard-of-
hearing children.
3:41:46 PM
At ease
3:42:23 PM
CHAIR TOBIN reconvened the meeting and continued public
testimony.
3:42:41 PM
CLARA BALDWIN, Director, Alaska State School for the Deaf and
Hard of Hearing, Anchorage, Alaska, testified in support of HB
111 stating she is a deaf individual who uses sign language as
her primary communication method. She emphasized that there is
no single "right" way to be deaf or hard of hearing. She
highlighted the harm caused by withholding information and
limiting options for deaf and hard-of-hearing children,
stressing that they should have access to multiple communication
modalities to thrive. She pointed out that many parents of deaf
children have never met a deaf person before their child, which
can be overwhelming and, in some cases, culturally taboo,
leading to initial reliance on medical professionals and
educators who may not provide the full range of communication
options. This lack of comprehensive information can result in
language deprivation, which profoundly affects education and
creates lasting gaps in communication and academic development.
She stressed that communication must come first, as academic
standards cannot be met without a foundation in language.
3:45:08 PM
MS. BALDWIN also clarified misconceptions about the Alaska
School for the Deaf (AKSD), noting it is not a boarding school
and does not require students to relocate to Anchorage. AKSD
offers virtual options and partnerships with school districts
through memorandums of agreement, providing support for students
statewide. She acknowledged the historical trauma associated
with boarding schools, particularly for Indigenous communities,
and assured that AKSD is one of many options available to
support deaf and hard-of-hearing students. She emphasized the
importance of systemic accommodations, such as FM systems and
noise-reducing technology, to ensure access for all deaf and
hard-of-hearing students. She expressed gratitude for
collaboration with stakeholders and underscored the need to
invest in the future of deaf and hard-of-hearing children
through HB 111.
3:47:22 PM
MALLORY MALTON, representing self, Unknown, Alaska, testified
with concerns on HB 111. She asked why HB 111 does not include
children 1-3 years old. She said that as an educator of deaf
children, she said sees children enter school with 3 - 5 years
of language deprivation. She suggested adding Anchorage School
District (ASD) to the language of HB 111 because it is the best
fit based on a student's community and chosen method of
communication. She noted that families have unique situations.
She also suggested possibly including [indiscernible] in the
definitions of HB 111.
3:48:55 PM
CHAIR TOBIN closed public testimony on HB 111.
CHAIR TOBIN opined that children 1-3 years olds are not
considered part of the public school system and naming specific
school districts in legislation is prohibited in how legislation
is authored.
3:50:00 PM
SENATOR GRAY-JACKSON commented that she believes in equal
opportunity and that is why she had sponsored a companion bill
to HB 111.
3:50:36 PM
REPRESENTATIVE ALLARD said the state's next step in eliminating
language deprivation is to pass legislation for children ages 0-
3, so they are better prepared for school.
CHAIR TOBIN said New York is among several states that have
passed legislation for ages 0 - 3 Deaf and Hard of Hearing Bill
of Rights, so there are good example of language that can be
referenced.
3:51:43 PM
KELLY MANNING, Deputy Director, Division of Innovations &
Education Excellence, Department of Education and Early
Development (DEED), Juneau, Alaska, provided an overview of
Fiscal Note 2 for HB 111, OMB component 2796, dated January 1,
2024, in the amount of $6000. She stated that the HB 111
codifies activities that are occurring. Therefore, DEED
anticipates that it will only need to cover the costs of
regulatory updates.
3:53:08 PM
CHAIR TOBIN solicited a motion.
3:53:09 PM
SENATOR GRAY-JACKSON moved to adopt the Senate committee
substitute (SCS) for CSHB 111, work order 33-LS0504\U, as the
working document.
3:53:23 PM
CHAIR TOBIN objected for purposes of discussion.
3:53:28 PM
MICHAEL MASON, Staff, Senator Löki Tobin, Alaska State
Legislature, Juneau, Alaska, paraphrased the summary of changes
for HB 111 from version S to U:
[Original punctuation provided.]
House Bill 111 Education for Deaf and Hard of
Hearing
Version U Explanation of Changes
Section 1 On page 1, line 4, version U adds the
phrase "in collaboration with the department and to
the maximum extent possible" after the word "shall."
This change gives the Alaska Department of Education
and Early Development (DEED) added flexibility to work
collaboratively with school districts to better serve
deaf and hard of hearing students.
Section 2 On page 3, line 3, version U adds the
phrase "support one or more programs" after the word
"shall." This change allows DEED to support existing
programs for deaf and hard of hearing students
operated by school districts. The previous version of
the bill required DEED to establish a centralized
program.
On page 3, lines 4 through 7, version U stipulates
that a program for the deaf may provide residential
services as part of its education program in
consultation and collaboration with a nongovernmental
organization that provide services to people who are
deaf and hard of hearing. This change accommodates the
existing program in Anchorage that is operated in
conjunction with a nongovernmental organization.
Version S stipulated that a centralized program must
provide residential services. Version U deletes the
sentence on page 3, lines 4 through 5 of version S
that reads "the program may be operated by a school
district under an agreement `with the department."
Version U also deletes the sentence on page 3, lines
12 through 14 of version S that reads "the department
shall provide funding for the students who attended
the program operated by a school district under this
subsection to the school district that operates the
program." This sentence is unnecessary because funding
for intensive needs students is covered by Alaska
Foundation Formula.
3:55:59 PM
CHAIR TOBIN invited the Department of Education and Early
Development (DEED) to discuss why [page 3, lines 12 - 14] were
omitted in version U. She said "agreement" was left out to
clarify codifying of existing practice.
3:56:25 PM
DONALD ENOCH, Special Education Administrator, Division of
Innovation and Education Excellence, Alaska Department of
Education and Early Development, Juneau, Alaska, asked for the
question to be repeated.
CHAIR TOBIN explained that during discussions about the word
"agreement" and its relation to contract law, the intent was to
codify existing practices without creating additional burdens
for the Department of Education in its interactions with school
districts.
MR. ENOCH replied that is correct.
CHAIR TOBIN said she wanted people to understand the reason for
removing those lines from HB 111.
3:57:01 PM
CHAIR TOBIN removed her objection; found no further objection
and SCS CSHB 111 was adopted as the working document.
3:57:25 PM
CHAIR TOBIN solicited the will of the committee.
3:57:27 PM
SENATOR GRAY-JACKSON moved to report the SCS for CSHB 111, work
order 33-LS0504\U, from committee with individual
recommendations and attached fiscal note(s).
3:57:37 PM
CHAIR TOBIN found no objection and SCS CSHB 111 (EDC) was
reported from the Senate Education Standing Committee.
3:58:11 PM
REPRESENTATIVE ALLARD said that input from members of both
bodies improves legislation and thanked the committee for their
work.