Legislature(2013 - 2014)SENATE FINANCE 532
04/14/2014 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB239 | |
| HB240 | |
| HB241 | |
| HB242 | |
| HB234 | |
| HB210 | |
| HB378 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 239 | TELECONFERENCED | |
| + | HB 240 | TELECONFERENCED | |
| + | HB 241 | TELECONFERENCED | |
| + | HB 242 | TELECONFERENCED | |
| + | HB 234 | TELECONFERENCED | |
| + | HB 210 | TELECONFERENCED | |
| + | HB 378 | TELECONFERENCED | |
| + | HB 75 | TELECONFERENCED | |
| += | SB 220 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR HOUSE BILL NO. 210(FIN) am
"An Act relating to crisis intervention training for
school personnel; and relating to restraint and
seclusion of students in public schools."
10:25:24 AM
REPRESENTATIVE CHARISSE MILLET, read from the sponsor
statement:
Alaska is currently one of the less than 15 states
that have no statewide policy regarding how children
can either be physically restrained or secluded in
schools. Placing students in positions where they are
immobilized or put into a room by themselves are
emotionally charged subjects that require our
attention. The conditions under which these actions
are allowed are vague and require clarification. The
three areas that require clarification include: what
constitutes physical restraint and seclusion; under
what conditions physical restraint and seclusion can
be exercised; what actions are required of school
personnel.
Students need to attend a school that is safe. Parent
need to know if their child was involved in an
incident of restrain or seclusion and the reasons for
these actions need to be clearly defined. School
personnel and administrators need to know that the
actions they take to protect the safety of their
students were justified and that they will not be held
liable for carrying out their duties correctly.
House Bill 210 is a balanced approach to ensure school
safety. It requires that a school district's safety
plan be made available to parents, legal guardians,
students and the public. If an incident of restraint
or seclusion occurs, the student's parents or legal
guardians need to be informed the same day as the
incident. With the exception of emergency situations,
only those who have undergone training approved by the
Department of Education and Early Development can
engage in physical restrain or seclusion. Each school
district needs to report all instances of restraint
and seclusion on an annual basis to the Department of
Education and Early Development.
HB 210 will protect students from trauma, keep parents
informed of what happens to their child, and support
teachers and school personnel tasked with incredibly
difficult decisions. By ensuring a statewide,
consistent set of rules, we make our schools safer for
everyone. I would respectfully request your support.
Representative Millet added that seclusion or restraint was
a position of last resort and that the focus should be to
de-escalate a bad situation. She highlighted that the
training portion was the most important part of the
legislation to ensure the protection of students and of the
state.
10:28:35 AM
Co-Chair Meyer understood that school districts lacked a
current policy.
Representative Millet replied that most school districts
had a policy in place; however, smaller districts did not
of a plan, nor had they been training staff with de-
escalation, seclusion and restraining tactics.
10:29:08 AM
Senator Hoffman queried whether the mandate would be
funded.
Representative Millet noted that there was a $14,000 fiscal
note that would cover administration costs and that the
Mental Health Trust Authority would put a program called
"Train the Trainer" into place. This program would have a
nominal cost of $200, which the sponsor hoped could be
covers by the authority or another type of grant process,
and would bring administrators from other communities in to
train their peers in de-escalation and restraint tactics.
10:30:33 AM
CHRISTIE REINHARDT, GOVERNOR'S COUNCIL ON DISABILITIES N
SPECIAL EDUCATION, ANCHORAGE (via teleconference),
testified in support of the legislation. She shared the
story of her high-functioning, autistic son and his
struggles in the public school system. She shared that some
of the staff in his school had been trained in de-
escalation techniques and positive behavior intervention
support. She furthered that behavioral plans and functional
behavioral assessments had been made available to her son.
She believed that having the policies and procedures in
place had protected her son and his peers. She felt that
the legislation had been crafted to be the most useable and
effective seclusion and restraint legislation.
10:33:47 AM
JEANNE GERHARDT-CYRUS, SELF, KIANA (via teleconference),
spoke in support of the legislation. She testified that her
daughter had been diagnosed with Fetal Alcohol Syndrome
Disorder (FASD) and had a hard time function in a
traditional school setting. She lamented that the staff in
her school had not been trained to handle students with
behavioral disorders which would end up with the situation
escalating negatively. She believed that the cost of the
program was minimal when compared to the cost for school
districts for mediation with parents. She shared that her
daughter suffered Post Traumatic Stress Disorder due to her
encounters in her early educational career.
Co-Chair Meyer handed the gavel to Vice-Chair Fairclough.
10:37:40 AM
Ms. Gerhardt-Cyrus shared her daughter's testimony:
I strongly support this bill. When I was in school
everyone thought that I was psychotic and that is why
I have no friends. This year with the right services
and no restraint or seclusion I am doing better and
have been on the honor roll since the beginning of the
year due to the fact that I can walk out and sign out
when I need to go for a walk and clear my head.
10:38:35 AM
MARK REGAN, DIRECTOR, DISABILITY LAW CENTER, ANCHORAGE (via
teleconference), testified in support of the legislation.
He stated that the use of restraint and seclusion in
schools had been a major issue for approximately the past
10 years. He shared that on the national level there had
been injuries and even deaths associated with the problem
of proper restraint and seclusion for students. He offered
that one of the drivers of the legislation was the notice
provisions for parents. He discussed studies that indicated
the misuse of restraint and seclusion in schools and that
congress, as well as several other states, had entertained
discussions of similar legislation. He thought that
shifting over to an approved training models and support
from the Department of Education and Early Development
could make it easier for small schools districts in rural
areas to properly care for students.
Vice-Chair Fairclough CLOSED public testimony.
10:42:21 AM
Senator Olson wondered if the sponsor had solicited the
perspective of the medical community or healthcare
providers.
10:42:39 AM
VASILIOS GIALOPSOS, STAFF, REPRESENTATIVE CHARISSE MILLETT,
stated that the sponsor had interacted with the Alaska
Nurse's Association and other medical bodies, discussing
particularly the provisions surrounding student safety. It
was the understanding of the sponsor that the medical
bodies that were involved in discussion of the bill in
previous committees were satisfied with the legislation
before the committee.
10:43:17 AM
Senator Olson asked if the discussions had included
providers that could prescribe medications for chemical
restraint.
Mr. Gialopsos replied that the definition of chemical
restraint in the bill was the product of the Board of
Nursing and associated nursing groups; it had been
understood that any chemical that would be used for
disciplinary purposes would be disallowed for use by school
personnel, but would need to be handled by a medical
professional, in a separate setting.
CSHB 210(FIN)am was HEARD and HELD in committee for further
consideration.