Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/30/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB8 | |
| Overview: U.s. Supreme Court Decision Sturgeon Vs. Frost | |
| SB165 | |
| SB103 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 103 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 165 | TELECONFERENCED | |
| += | SB 8 | TELECONFERENCED | |
SB 103-RESIDENTIAL PSYCHIATRIC EDUCATION FUNDING
3:02:07 PM
CHAIR MCGUIRE announced the consideration of SSSB 103. She noted
this is the first hearing and version I is before the committee.
3:02:24 PM
SENATOR COGHILL moved Amendment 1, labeled 29-LS0733\I.2.
AMENDMENT
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: SSSB 103
Page 1, line 1, following "Act":
Insert "relating to school districts;"
Page 2, line 9, following "treatment;":
Insert "and"
Page 2, line 12:
Delete "; and"
Insert "."
Page 2, lines 13 - 15:
Delete all material.
Page 2, line 20, following "(a)":
Insert "A school district may enter into a
contract to provide payments to a residential
psychiatric treatment center that provides an
educational program for a student admitted to the
center. If a school district and a residential
psychiatric treatment center are unable to agree on a
proposed contract on or before January 1 immediately
preceding the first school year for which the
residential psychiatric treatment center is seeking
funding, the school board where a student who is
admitted to the center is enrolled shall enter into a
contract with the center as provided in (b) of this
section.
(b)"
Reletter the following subsections accordingly.
Page 2, line 26:
Delete "(b)"
Insert "(c)"
Page 3, line 6:
Delete "(b)(21)"
Insert "(c)(21)"
Page 4, line 14:
Delete "(a)"
Insert "(b)"
Page 4, line 24:
Delete "(a)"
Insert "(b)"
Page 4, line 30:
Delete "(a)"
Insert "(b)"
Page 5, line 15:
Delete "AS 14.30.800"
Insert "AS 14.30.800(f) - (g)"
Page 5, line 17:
Delete "AS 14.30.800(b)"
Insert "AS 14.30.800(c)"
3:02:46 PM
At ease
3:03:29 PM
CHAIR MCGUIRE reconvened the meeting and objected for the
purpose of an explanation of Amendment 1 for SB 103.
SENATOR COGHILL said the amendment adds "relating to school
districts" to the title, deletes the uniform requirements
provision on page 2, paragraph (7); and inserts language that a
school district may enter into a contract that provides payments
to a psychiatric treatment center. If a school district chooses
not to enter into a contract, the school board where the child
is admitted may enter into a contract with the treatment center.
He explained that the amendment is based on an existing contract
in his district. Recognizing there are differing opinions as to
how this should be handled in other districts, there is an
avenue of appeal. He stated he disagrees with the legal
memorandum that indicates that the state interest may not be
provided.
3:05:57 PM
SENATOR CATHY GIESSEL, Alaska State Legislature, sponsor of SB
103, said she has no objection to Amendment 1.
SENATOR COSTELLO questioned what the added language on page 2,
line 20, actually achieves.
SENATOR COGHILL replied it provides an appeal option. The school
boards set the standards and will enter into the contract if the
school district and treatment facility fail to agree.
3:08:09 PM
SENATOR COSTELLO said she'd like to hear from the drafter
because it appears that the requirements the bill sets out do
not apply if you go through the school board, but they do apply
if you go through the school district.
SENATOR COGHILL said his expectation is that a school district
would enter into a contract based on whatever the school board
had established as standards for that community. If there's a
direct appeal to the school board, he imagines the same standard
of education would be applied.
SENATOR COSTELLO asked if the contract would be with the
district where the student comes from.
SENATOR COGHILL answered yes.
SENATOR COSTELLO listed the number of students who would be
affected from the different school districts and asked if the
intention is to have a separate contract for each district.
SENATOR COGHILL said that's his understanding.
3:10:16 PM
EVELYN ALSUP, Educational Director, North Star Behavioral
Health, clarified that the contracts would only be with the
district where the facility is located, not each individual
district. Amendment 1 allows the Fairbanks North Star Borough
and a local treatment facility to continue to contract as they
have for 20 years, with the standard set forth by the local
school board.
SENATOR COGHILL agreed with the explanation.
SENATOR COSTELLO asked to hear what the Anchorage School
District thinks about the amendment.
CHAIR MCGUIRE asked Superintendent Graff to comment on Amendment
1.
3:11:54 PM
MICK GRAHAM, Chief Academic Officer, Anchorage School District
said Superintendent Graff isn't available at the moment and they
hadn't seen the amendment. He pointed out that there is a unique
difference between the ways that the Anchorage School District
and the Fairbanks North Star Borough School District work with
North Star Behavioral Health. Fairbanks has only long-term care
and the Anchorage facility has both long-term care and shorter
term, acute care.
SENATOR COSTELLO said his response isn't addressed to the
amendment and perhaps the sponsor of the amendment could provide
an explanation.
SENATOR COGHILL explained that the amendment is meant to help an
appeal process in the Anchorage district and to accommodate the
existing contracts in the Fairbanks district. He opined that the
operative part for Anchorage is the appeal option if the school
district and the treatment center don't agree on a contract. In
that circumstance, the school board enters into a contract with
the treatment center as provided in subsection (b), which lays
out the qualifications of the treatment center.
SENATOR GIESSEL said she was just apprised that Superintendent
Graff has seen the text of Amendment 1 when it was added to the
House version of the bill.
SENATOR COSTELLO summarized that the amendment would allow the
school district to enter into a contract but if it isn't signed
before January 1 preceding the first school year, the school
board may enter into a contract. She asked if the school board
would approve a contract that the school district entered into.
MR. GRAHAM said Superintendent Graff had returned.
CHAIR MCGUIRE asked Superintendent Graff if he'd heard the
explanation and Senator Costello's question.
ED GRAFF, Superintendent, Anchorage School District, Anchorage,
Alaska, said the amendment is inappropriate because it provides
the school board the statutory right to appeal the school
district's decisions to the commissioner and the Board of
Education. His research indicates that no other private vender
is afforded this type of appeal in Alaska's public education
system. He relayed that on March 18 he submitted a letter to the
House Education Committee outlining the concerns with the
amendment.
CHAIR MCGUIRE said she understands the opposition and there is a
letter in the packet clarifying the Anchorage School District's
opposition.
3:18:23 PM
CHAIR MCGUIRE asked Senator Costello if she maintains her
objection.
SENATOR COSTELLO said yes.
CHAIR MCGUIRE asked for a roll call.
A roll call vote was taken. Senators Micciche, Coghill, and
McGuire voted in favor of the motion to adopt Amendment 1 to SB
103 and Senators Wielechowski and Costello voted against it.
Therefore, Amendment 1 was adopted by a 3:2 vote.
3:19:16 PM
SENATOR COGHILL moved Amendment 2, labeled 29-LS0733\I.3.
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: SSSB 103
Page 6, line 8:
Delete "2019"
Insert "2020"
CHAIR MCGUIRE objected for discussion purposes.
SENATOR WIELECHOWSKI asked if the amendment extends the time the
bill will remain in effect.
3:19:36 PM
KARI NORE, Staff, Senator Cathy Giessel, Alaska State
Legislature, said that's correct. It conforms to Amendment 1 and
ensures a full three-year pilot project.
3:19:55 PM
SENATOR WIELECHOWSKI objected, based on his objection to
Amendment 1.
CHAIR MCGUIRE removed her objection and asked for a roll call.
A roll call vote was taken. Senators Micciche, Coghill, Costello
and McGuire voted in favor of the motion to adopt Amendment 2 to
SB 103 and Senator Wielechowski voted against it. Therefore,
Amendment 2 was adopted by a 4:1 vote.
3:20:49 PM
At ease
3:21:00 PM
CHAIR MCGUIRE reconvened the meeting and opened public
testimony.
3:21:21 PM
CAELA NIELSEN, Parent, North Star student, testified in support
of SB 103. She described her background as an educator and her
son's disorders and the services provided for him by the
Anchorage School District. She recalled his suspension when he
was 13 and the process they followed in his individual education
plan (IEP) in the regular school district. He was in various
treatment programs, including North Star and Palmer, which put
him behind in school. He ended up in a manic state and tried to
overdose. She recalled his history in and out of treatment
centers. She listed what she needed for her son and what she
hoped to receive for him at treatment centers. She strongly
encouraged support for the educational project found in SB 103.
CHAIR MCGUIRE asked Ms. Nielsen to submit her comments in
writing.
3:28:37 PM
SENATOR COGHILL moved to report SSSB 103, as amended, from
committee with individual recommendations and attached fiscal
note(s).
3:28:50 PM
SENATOR WIELECHOWSKI asked Mr. Graff if he supports the bill.
MR. GRAFF stated that the Anchorage School District does not
support SB 103.
3:29:30 PM
CHAIR MCGUIRE announced that without objection, CSSSSB 103(JUD)
is reported from Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 165 Support Klien Jessee.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 165 |
| SB 165 Opposition Shapiro.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 165 |
| SB 165 Fiscal Note Courts.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 165 |
| SB 103 MSBSD Testimony.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 103 |
| SB 103 Opposition ASD 3.9.16.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 103 |
| SB 8- CS Version W.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 8 |
| SB 103 Letter of Support Northstar.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 103 |
| SB 165 Opposition Stewart.msg |
SJUD 3/30/2016 1:30:00 PM |
SB 165 |
| SB 165 Opposition Matthews.msg |
SJUD 3/30/2016 1:30:00 PM |
SB 165 |
| SB 103 Opposition Gov. Council on Disabilities.pdf |
SJUD 3/30/2016 1:30:00 PM |
SB 103 |