Legislature(2011 - 2012)CAPITOL 106
03/16/2012 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings: University of Alaska Board of Regents - Student Regent | |
| Presentation: Skagway School District | |
| SB137 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | SB 137 | TELECONFERENCED | |
SB 137-SUICIDE AWARENESS & PREVENTION TRAINING
8:45:46 AM
CHAIR DICK announced that the final order of business would be
SENATE BILL NO. 137, "An Act requiring suicide awareness and
prevention training for certain school personnel."
8:46:32 AM
TOM OBERMEYER, Staff to Senator Bettye Davis, Alaska State
Legislature, presented SB 137, paraphrasing from the sponsor
statement, which read as follows [original punctuation
provided]:
This bill, short titled the Jason Flatt Act, requires
mandatory youth suicide awareness and prevention
training approved by the Commissioner, Department of
Education and Early Development to each teacher,
administrator, counselor, and specialist who is
employed by a school district, regional educational
attendance area, or department each year for services
to students in grades 7-12. Training is important
because suicide is the 3rd leading cause of death for
ages 10-24 and the number one cause of death for
Alaskans under the age 50 years.
Awareness and education are key to prevention. Tying
suicide prevention efforts into teacher training has
proved very helpful in other states in reducing teen
suicides. Most young people contemplating suicide
show clear warning signs prior to the attempt. It is
imperative that educators know how to recognize signs
of at-risk youth and are prepared to intervene when
they identify a problem.
Recognizing that Alaska has by far the highest rate of
suicide per capita in the country, particularly among
teens, young men, and Alaska Natives, the Alaska
Mental Health Board and Advisory Board on Alcoholism
and Drug Abuse, in partnership with the Statewide
Suicide Prevention Council, the Alaska Association of
Student Governments, the University of Alaska, and the
Jason Foundation have established goals, training
programs, and resources for teachers, coaches, and
staff in suicide prevention.
The Alaska Bureau of Vital Statistics 2000-2009
reported the following suicide facts and statistics:
21.8 suicides per 100,000 Alaskans; vs. 11.5 suicides
per 100,000 nationwide
56.1 suicides per 100,000 Alaskan young men ages 15-
24, and 141.6 Native young men and 50.3 young women in
same age group.
1369 suicides in 176 Alaska communities between 2000
and 2009; 11 per month; 2.6 per week
78% of suicides were committed by men and 22% by women
who made twice as many but many more failed attempts
90% of suicide victims experience depression or have
diagnosable and treatable mental health or substance
abuse disorders
The 2011 Youth Risk Behavior Survey revealed that in
the last 12 months:
12.8% Alaska High School students reported they
seriously considered suicide
8.7% Alaska High School Students actually attempted
suicide one or more times
2.7% Alaska High School Students - attempted suicide
resulting in injury, poisoning, or overdose treated by
a doctor or nurse
8:50:15 AM
MR. OBERMEYER interjected that this is a nationwide problem that
represents a high cost to society. He then continued
paraphrasing:
Just as "it takes a village to raise a child," it
takes parents, teachers, mentors, and communities to
support efforts to reduce suicides by developing
environments of respect and connectedness among youth
and adult role models. This will create in youth the
needed hope, promise, and optimism to build healthy
and appropriate relationships and behaviors. By
requiring - and making resources available for -
suicide prevention training for educators and school
staff through this bill, the state of Alaska can
ensure that youth at risk of suicide are more likely
to be identified and receive help.
Alaska has many state agencies, non-profits, private
citizens, health care providers, and policy makers
working on this problem with programs and materials.
This bill is but one part of suicide prevention
which has proven successful in other states. The
Jason Foundation which was named after the tragic loss
of the founder's son to suicide has made available to
Alaska and a limited number of other states its
library of suicide awareness and prevention training
materials free of charge.
Not only will this bill and community efforts reduce
suicides, particularly among vulnerable youth, but it
will also reduce the number of self-inflicted injuries
occasioned in over 1200 hospitalizations per year due
to suicide attempts at cost of $9,000 per case
excluding physicians' and specialists' fees, as
researched and reported by the Alaska Mental Health
Trust Authority in 2001-2002. The same research found
75% of the costs of Alaska suicide hospitalizations
were paid through public funding sources and 15% were
written off as losses by hospitals.
Suicides and attempted suicides have taken an
incalculable toll on individuals and families in
Alaska. The burden of this tragedy is shared by
society as a whole. With all of our efforts the
numbers have not decreased very much over the years.
This bill, admittedly not a solution by itself, will
help reduce the "silent epidemic" of youth suicide
through educational and awareness programs that equip
young people, educators and parents with the tools and
resources to help identify and assist at-risk youth.
8:52:35 AM
MR. OBERMEYER then directed attention to the statistics provided
in the committee packet, and suggested that members review a
report available online from the Statewide Suicide Prevention
Council entitled, "Casting the Net Upstream: Promoting Wellness
to Prevent Suicide," and accompanying written comments in the
committee packet by J. Kate Burkhart, executive director.
8:53:39 AM
REPRESENTATIVE CISSNA asked what kind of work is being done to
identify the community profiles and conditions for at-risk youth
and adults.
MR. OBERMEYER, in response, read from page 17 of the
aforementioned report as follows:
The school districts will implement broad screenings
to identify not just ... imminent risk of suicide, but
factors for suicide: substance abuse, violence,
depression, et cetera.
MR. OBERMEYER advised the program put in place by the bill has
been successful in reducing the number of suicides among young
people by working through the schools. He said he was shocked
at the number of suicides nationwide, and yet Alaska has the
highest incidence in the country.
CHAIR DICK relayed a personal story of a foster child who
appeared to be doing well, but his change in behavior was later
revealed as a sign of his impending suicide. Chair Dick said,
"Had I known that sign ... Our family, 25 or 28 years later,
[is] still feeling the impact of that."
8:57:08 AM
REPRESENTATIVE KAWASAKI asked for data to support the statement
that teacher training has proved helpful in other states.
MR. OBERMEYER deferred to Mr. Clark Flatt.
8:58:05 AM
REPRESENTATIVE SEATON observed the Alaska rates for suicide are
significantly higher than those of other states, and that may be
contributed to by its location in the Far North. He referred to
HCR 5 - legislation passed by the Alaska State Legislature in
April, 2011 - which recognized factors further advanced in the
book titled, Environment, Mood Disorders, and Suicide. The book
reveals an association between environment and suicide,
including low vitamin D levels in five medical conditions
related to suicide. Representative Seaton expressed his
frustration with addressing this issue in the same way as it is
handled in the Lower 48 - through counseling - when there is the
possibility of a basic medical condition in Alaska, Canada, and
all of the Far North. Recent research suggests that not
treating an underlying medical condition, such as low vitamin D
levels, associated with suicide may miss part of the problem,
although the research supporting HCR 5 was directed to mood
disorders and seasonal affected disorder. He expressed his
support of prevention counseling, but wanted to ensure that the
northern climate medical conditions are solved as well.
9:01:29 AM
MR. OBERMEYER agreed that climate and darkness have been proven
to contribute to alcoholism in northern climates. He returned
to Representative Kawasaki's question and said that Iowa, Maine,
Maryland, New Hampshire, Rhode Island, Vermont, and Washington
implement suicide prevention education in school curricula
through "Gatekeeper" prevention training. He will make this and
further information from the National Conference of State
Legislatures (NCSL) available after the hearing.
9:02:23 AM
REPRESENTATIVE CISSNA agreed with Representative Seaton on the
need to consider health issues. She spoke of the need to learn
more about Alaska by profiling communities that face challenges
in areas of health, environment, and others. She opined there
is a need for prehistory analysis of the state, pointing out
that one of the oldest living communities on earth is the
village of Nikolski in the Aleutian Islands. Further study of
the lifestyle in the communities that have survived in Alaska -
even with dietary deficiencies - through all of the changes in
time, is needed to understand "what's going on." Representative
Cissna said this is a task for the education community.
MR. OBERMEYER expressed his belief that this is not just an
educational problem, but is also being addressed by the
Department of Health and Social Services (HSS) through
behavioral health and mental health services.
9:05:09 AM
REPRESENTATIVE PRUITT moved Amendment 1, identified as 27-
LS0994\M.l, Mischel, 2/16/12 which read:
Page 1, line 9, following "training":
Insert "; immunity"
Page 2, following line 7:
Insert new subsections to read:
"(c) A person may not bring a civil action for
damages against the state or a school district, or an
officer, agent, or employee of the state or a school
district for a death, personal injury, or property
damage that results from an act or omission in
performing or failing to perform activities or duties
authorized under this section. This subsection does
not apply to a civil action for damages as a result of
intentional misconduct with complete disregard for the
safety and property of others. In this subsection,
"school district" has the meaning given "district" in
AS 14.17.990.
(d) The training provided or the failure to
provide training under this section may not be
construed to impose a specific duty of care on any
person."
REPRESENTATIVE SEATON objected for the purpose of discussion.
MR. OBERMEYER explained the amendment addresses court immunity
for teachers, school personnel, and school districts providing
the service or receiving the training. Questions have arisen as
to the responsibility of a teacher whose student commits
suicide. The sponsor has been advised by Legislative Legal and
Research Services, Legislative Affairs Agency, that the
amendment assures personnel that they would not be responsible
through negligence on their part or the district's part.
9:07:09 AM
REPRESENTATIVE SEATON read from the amendment as follows:
A person may not bring a civil action for damages ...
for omission in failing to perform ... activities or
duties authorized under this section.
REPRESENTATIVE SEATON surmised this language means action cannot
be taken against a school district for not training its staff.
9:08:03 AM
JEAN MISCHEL, Attorney, Legislative Legal Counsel, Legislative
Legal and Research Services, Legislative Affairs Agency,
responded that the immunity provision is a standard negligence
immunity which does not immunize the school district, the state,
or their personnel from intentional misconduct. Section 2 of
the bill is a mandatory training requirement thus if a district
refuses, or has no basis for refusing to train, a causal
connection could be made between a death or injury and the lack
of training, and the district or state could be held liable.
REPRESENTATIVE SEATON asked, "So the wording 'intentional
misconduct with complete disregard for the safety and property
of others' ... if they decide not to have training this year
because it is inconvenient, or don't get an online course, would
that be considered misconduct with complete disregard for the
safety or property of others?"
9:10:07 AM
MS. MISCHEL advised a court would need to review the factual
evidence if this came to litigation. For example, if a school
district made a financial decision that the training could not
be afforded, or another valid or discretionary policy reason,
the Alaska Statutes (AS) - Title 9 immunity would apply. The
reasons for not providing the training would determine
intentional misconduct. More importantly, the lack of the
training must be found to be the cause of the injury or death,
which is a high burden for a plaintiff, and that is also
included in the amendment.
REPRESENTATIVE SEATON observed the immunity appears to be broad,
and asked if the immunity language allowed districts "to avoid
doing the purpose of the bill," which is to provide training for
suicide prevention.
MS. MISCHEL said no, because there are other provisions in Title
14 that require school districts to comply with state law. The
immunity provision pertains to those looking for money as an
enforcement mechanism; in fact, there are other ways the state
can enforce the provision. She concluded that the liability is
a policy call for the legislature to determine whether the civil
lawsuit for monetary damages is the primary enforcement
mechanism for this kind of training, and she did not anticipate
school districts would deny employees training and disregard
state law. Further, the Department of Education and Early
Development (EED) can force districts to provide the training.
9:14:33 AM
REPRESENTATIVE SEATON understood that this immunity would not
confound the purpose of the bill.
MS. MISCHEL agreed.
9:15:21 AM
REPRESENTATIVE CISSNA suggested that the amendment adds another
layer of statutory requirements and additional cost to the
school district.
MR. OBERMEYER said the immunity issue was initially brought up
by the Anchorage School District and was followed by research
that indicated other states have provided extra immunity. The
intent is to ensure that districts participate in the program
without concern that they may be held ultimately responsible.
He acknowledged that the program is not a "fix all," but seeks
to raise awareness. He pointed out that there is no fiscal note
attached to the bill, as the program is provided free, and the
teachers are not required to use class time, because the
training can be part of their continuing education elective
hours.
REPRESENTATIVE CISSNA said the amendment represents details of
the law, but not the issue of the legislation. The issue is:
surrounding our children with the idea of their importance in a
world that makes sense. She concluded that this is not the
proper approach.
9:20:38 AM
REPRESENTATIVE SEATON removed his objection.
REPRESENTATIVE CISSNA objected.
CHAIR DICK, in response to Representative Seaton, said the
amendment offered was Amendment 1.
9:21:10 AM
A roll call vote was taken. Representatives Seaton, Pruitt,
Kawasaki, and Dick voted in favor of Amendment 1.
Representative Cissna voted against it. Therefore, Amendment 1
was adopted by a vote of 4-1.
[Although Chair Dick announced Amendment M.1 was adopted, the
motion was to move Amendment 1, and it was clear the intent of
the committee was to adopt Amendment 1.]
9:22:27 AM
CHAIR DICK opened public testimony.
9:22:47 AM
ANN SCHAACK, Representative, North Star Behavioral Health; The
Jason Foundation, informed the committee North Star Behavioral
Health provides children and adolescents from across the state
with acute behavioral health services and residential treatment.
Ms. Schaack said she also represents Alaska's first affiliate
office of The Jason Foundation, which is dedicated to the
prevention of youth suicide through education and awareness.
She spoke in support of the bill, saying that school personnel
are in a key position to identify at-risk youth, and to connect
them with support. Her organizations look forward to the
opportunity to equip educators and school personnel with the
tools and resources to assist at-risk youth.
9:23:52 AM
CAROL WATERS, Executive Director, Alaska Association of Student
Governments (AASG), stated AASG is a student-led organization
which has been working for the prevention of youth suicide for
three years, and is in strong support of the bill. She related
that many students have asked for suicide prevention training
for school personnel because they need support from teachers and
other staff. Ms. Waters said that schools often offer
counseling after a suicide, but support should be preventative.
9:25:21 AM
J. KATE BURKHART, Executive Director, Statewide Suicide
Prevention Council; Alaska Mental Health Board; Advisory Board
on Alcoholism & Drug Abuse, Central Office, Division of
Behavioral Health, DHSS, said she was speaking on behalf of the
aforementioned organizations. The Statewide Suicide Prevention
Council supports SB 137, and she said the bill is a step forward
to achieving one of the strategies in the state's suicide
prevention plan: to provide suicide prevention and awareness
training to all school personnel, from the janitor to the
principal. She said the bill directs two hours of training to
educators and support staff which will also provide her division
with opportunity to evaluate the effectiveness of educator
training. Ms. Burkhart pointed out that the bill has a zero
fiscal note because there are resources available to school
districts at no cost and with no burden to educators. The Jason
Foundation also provides to school districts a library of
resources on DVD, curricula appropriate for teacher in-services,
and online training. Further, the Division of Behavioral Health
offers the Gatekeeper program that was designed in Alaska and is
currently in use by the Fairbanks North Star Borough School
District. The Alaska Native Tribal Health Consortium and
Southcentral Foundation both offer Applied Suicide Intervention
Skills (ASIT) training at no cost. Ms. Burkhart emphasized that
suicide has a "web" of causality: There is no one cause, and
there is no one solution. However, SB 137 is part of a network
of solutions, and will ensure that educators understand the
warning signs of suicide. She expressed her concern over
comments that living in rural Alaska, or being Alaska Native,
are risk factors for suicide; in fact, the greatest number of
suicides occur in the Anchorage area thus suicide should not
stigmatize one ethnicity or one type of community. Instead, the
focus should be to promote wellness and strengthen everyone's
ability to resist life's challenges and respond in a healthy
way.
9:29:36 AM
REPRESENTATIVE KAWASAKI noted that Ms. Burkhart's testimony
referred to training for all school personnel; however, the bill
language specifies that prevention training would be provided to
each teacher, administrator, counselor, and specialist.
MS. BURKHART said the Statewide Suicide Prevention Council
recommendation is that everyone affiliated in a school gets
training, including coaches and maintenance people.
9:30:30 AM
REPRESENTATIVE CISSNA observed that the first Alaskans may have
been the healthiest people to have ever lived here, as they
survived for millennia. Western society has been in Alaska for
about 200 years, yet is creating a cultural transformation with
serious problems. She shared a personal story of suicide in her
family and stressed the need to understand the web of causality
affecting Alaskans of all ages.
9:32:53 AM
MS. BURKHART, in response to Representative Kawasaki, said the
length of the training course mandated by the bill is two hours;
however, online courses may last from one-half to three days,
and the districts will be able to choose what courses to offer
from a list approved by EED.
9:34:04 AM
JAMES BIELA, Representative, American Foundation for Suicide
Prevention-Alaska Chapter, stated support for SB 137,
paraphrasing from a prepared statement, which read [original
punctuation provided]:
I am calling in support for SB137 on behalf of
American Foundation for Suicide Prevention-Alaska
Chapter as a Field Advocate. I am employed with the
Lower Kuskokwim School District as Itinerant School
Social Worker and I am a registered trainer with the
Applied Suicide Intervention Skills Training, known as
ASIST. I am assigned five villages across the
district and work with families, students and school
personnel. I am also used as a first responder to
those villages when there is a suicide. Teachers and
school employees are the main contacts for our
students in the villages. Often teachers will refer
students for sudden changes in behavior yet feel
uninformed on the signs of suicide.
Back in Dec. 2010 an ASIST training was completed at
one village school with teachers, students and
community members. One teacher did not want to attend
this particular training. Within 24 hours after this
training the teacher was able to identify one student
who was on the verge of committing suicide and
contacted myself for assistance. We were able to
secure an immediate referral to YK Behavioral Health.
This student had his plan to commit suicide and if the
teacher did not have the skills to identify and
intervene this one student could be deceased. The
teacher now admits that this training was very
valuable and was one of the best in-service trainings
he had.
We just completed another training that involved our
teachers and community members with the ASIST and we
have 4 more scheduled in the next month in our school
district. The trainings are done at no cost to the
district. Although we are currently using the ASIST
program, there are many more programs that can be done
in less time. With the high rates of suicides in this
area the more trainings for those who have consistent
contact with the students will prevent further deaths.
Finally today I was able to pull up my stats since
august of 2011 and so far a total of 79 students have
been seen in those five villages of which one attempt
was made in the school setting. If it was not for the
awareness of those teachers trained there could have
been more attempts and possibly completed suicides. I
encourage you to pass SB137 also known as the Jason
Flatt Act. Finally I thank you for listening to my
testimony on behalf of SB137.
9:36:33 AM
CLARK FLATT, President/CEO, The Jason Foundation, said on
7/16/97 he lost his youngest son to suicide. Later that year,
in his son's memory, The Jason Foundation was begun, which today
has 87 offices located in 33 states. When the affiliate office
opened at North Star Behavioral Health in Anchorage, Mr. Flatt
visited Alaska, and spoke with Senator Davis about the Jason
Flatt Act. This legislation has now been passed in eight
states, and the foundation continues to work with the American
Foundation for Suicide Prevention to introduce the act in more
states. In response to an earlier question regarding the impact
of teacher training, Mr. Flatt advised the longest study in
support of teacher prevention training has taken place in
Tennessee, where the Jason Flatt Act was enacted in 2007. A
report issued in 2010 revealed there was a 17 percent decrease
in youth suicide during one year in that state. He agreed with
previous testimony that the causes of suicide cannot be
addressed by one endeavor, however, in Tennessee this is the
fourth year in a row that 74,000 teachers have been trained,
resulting in many instances of early recognition of suicidal
ideation, "which is a key to a successful prevention." The
Jason Foundation is proud to introduce the Jason Flatt Act and
to provide the successful model for legislation that is
effective without a fiscal note through the support of many
organizations working together. He concluded that this is not
the complete answer, but can make an impact in Alaska.
9:40:08 AM
SHARON STRUTZ NORTON, Nurse Practitioner; Secretary and Field
Advocate, American Foundation for Suicide Prevention (AFSP),
disclosed that she is a member of the Statewide Suicide
Prevention Council, and she was speaking on her own behalf as a
family suicide survivor, and for AFSP. Ms. Strutz Norton stated
support for SB 137, relating that in her work for suicide
awareness and prevention she has been approached by several
youth ranging in age from middle school to high school. These
students shared stories of friends who are stressed or depressed
for a variety of reasons, and talking of suicide. Since then,
youth in Homer and throughout the state have attempted and
completed the act of suicide. Ms. Strutz Norton has also heard
from school counselors of the effect of grief on student
survivors. She advised that the implementation of education
training models has increased the likelihood that school staff
members have the knowledge and confidence to approach an at-risk
student and to assist them. Recent research from the University
of Washington on eight hundred and eighty-three eighteen- to
nineteen-year-olds who attempted suicide indicated that almost
40 percent made their first attempt before high school. Sadly,
there were three suicides of young adult men in Seward, and
although they were not students, she expressed her belief that
passage of a bill mandating that all school personnel have
suicide prevention education may have a significant impact on
youth suicide outcomes.
9:43:09 AM
BARB ANGAIAK, President, National Education Association-Alaska
(NEA-Alaska), stated NEA-Alaska represents 13,000 educators
across the state and is in strong support of SB 137. She opined
there is no training more important or that would have more
potential beneficial impact on every student. She observed that
tragically, this issue affects every community in the state.
She assured the committee there is a variety of effective
programs available and she supported the idea that each school
district would choose the most appropriate for its community.
Ms. Angaiak agreed with previous testimony that the program
should be expanded to include every educator and all school
workers; in fact, everyone with student contact in the public
education system needs this training. Often students at risk
develop a strong relationship with school support staff thus
everyone needs the training to ensure they have the expertise
and knowledge to assist.
9:46:39 AM
CHAIR DICK closed public testimony.
REPRESENTATIVE SEATON said he has been encouraged by his
constituents to broaden the bill to mandate training for all
school employees, but he said he would not offer that amendment,
explaining that the bill currently has a zero fiscal note;
however, expansion of the bill's mandate to require that
everyone is trained would require a fiscal note and threaten the
passage of the bill. He expressed his hope the school districts
will proceed with the training and offer it to the personnel in
the school system.
9:48:15 AM
REPRESENTATIVE KAWASAKI directed attention to line 9 of the bill
and read:
[A] school district, regional education attendance
area and the department shall annually provide ...
REPRESENTATIVE KAWASAKI asked who would be ultimately
responsible to provide the training.
9:48:50 AM
MR. OBERMEYER deferred to EED.
9:49:57 AM
MS. MISCHEL advised the bill requires the commissioner of EED to
approve the training and that the school district, regional
educational attendance area (REA) and EED each provide that
training to its own employees. She added that EED would have
the ability to require each district and REA to comply.
9:50:50 AM
REPRESENTATIVE KAWASAKI then asked whether a counselor or
administrator working at a regional public health center would
be required to take the training.
MS. MISCHEL, after ascertaining Representative Kawasaki was
referring to employees of EED, said, "These are people who are
employed by the state or school district or REA as a teacher,
administrator, counselor or specialist. And the reason the
department is listed separately is because they function as an
employer of some of those individuals through the state boarding
school and other statewide programs."
9:51:59 AM
REPRESENTATIVE PRUITT moved to report SB 137, Version 27-
LS0994\M, as amended, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, HCS SB 137(EDC) was reported from the House
Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 137 27-LS0994M.pdf |
HEDC 3/16/2012 8:00:00 AM |
|
| SB 137 -Leg Memo- Immunintyamend 2-17-2012.pdf |
HEDC 3/16/2012 8:00:00 AM |
SB 137 |
| SB 137- Amendment M 1 3-14-2012.pdf |
HEDC 3/16/2012 8:00:00 AM |
SB 137 |
| SB 137 Documents - CDC statistics 2011.pdf |
HEDC 3/16/2012 8:00:00 AM |
SB 137 |
| Confirmation Univ of Alaska Bd of Regents - Freitag.pdf |
HEDC 3/16/2012 8:00:00 AM |
Legislative Confirmation UA Board of Regents |