Legislature(2021 - 2022)BUTROVICH 205
03/25/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB236 | |
| SB196 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 236 | TELECONFERENCED | |
| * | SB 196 | ||
| + | TELECONFERENCED | ||
SB 196-PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL
9:14:49 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO.
196." An Act relating to transparency and compelled speech in
public education."
9:15:07 AM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 196, said AS 14.18 addresses prohibition against
discrimination based on race or sex in public education. SB 196
bookends this section of the law and adds a new section for
curriculum transparency and prohibiting compelled speech and
enforcement.
9:16:33 AM
SENATOR REINBOLD presented the sectional analysis for SB 196:
[Original punctuation provided.]
Section One: AS 14.18.070 is amended to replace the
words "this chapter" with the sections 14.18.010-
14.18.110 related to affirmative action.
Section Two: AS 14.18.080 Implementation adopted by
the board of regents
Section Three: AS 14.18.090 (a) The board shall
enforce compliance by school districts and regional
educational attendance areas. The board shall
institute appropriate proceedings to abate the
practices found by the board found to be in violation
of AS 14.18.010-14.18.110.
Section Four: Remedies: A person aggrieved by a
violation of AS 14.18.010-14.18.110 or of a regulation
or procedure adopted under the chapter may file the
complaint with the board and has independent right of
action in superior court for civil damages and for
such equitable relief as the court may determine.
Section Five: Effect is supplementary to and does not
supersede existing laws relating to unlawful
discrimination based on race or sex.
Section Six: Adds a new section to include
transparency, prohibiting compelled speech and
enforcement.
Section 14.18.150 Transparency: Curriculum and
instructional materials used for teacher and
other staff training on nondiscrimination,
diversity, equity, inclusion, race, ethnicity,
sex, bias, or another concept that includes one
or more of those concepts will be displayed on
the school's website and updated regularly.
Instructional material on the website will
include the title and author of the material as
well as any organization or website associated
with the material. 32nd Legislature Committees:
Vice Chair Legislative Council Vice Chair Senate
State Affairs Senate Member: Legislative Budget &
Audit Health & Social Services Joint Armed
Services Committee 2/25/22 32-LS0768\O 2
9:18:17 AM
Section 14.18.160 Prohibiting Compelled Speech: A
state agency, school districts' governing body,
charter school, or public school may not allow a
teacher, administrator, or other employee to
include in a course or award course grading or
extra credit for political activism, lobbying or
effort to persuade members of the executive or
legislative branch at local, state, or federal
level to take specific action, or any practicum
or similar activity involving social or public
policy advocacy. An individual by virtue of sex,
race, ethnicity, religion, color, or national
origin is inherently superior or inferior.
Students, teachers, administrators, and other
employees have the opportunity to opt out of any
speech, training or session.
Section 14.18.170, the Attorney General may
commence a civil action in the superior court to
enjoin a state agency, school district's
governing body, charter school or public school
from violating AS 14.18.150 or 14.18.160. Within
60 days after receiving a complete written
request, the Attorney General may reconsider,
revoke, or modify an advisory opinion at any
time.
Section 7: Definitions Public school does not include
the University of Alaska or another postsecondary
institution, School District means a borough school
district, a city school district, a regional
educational attendance area, a state boarding school,
and the state centralized correspondence study
program, State Agency means a department, office,
agency, state board, commission, public corporation,
or other organization unit of or created under the
executive branch of the state government.
9:19:33 AM
CHAIR HOLLAND turned to invited testimony on SB 196.
9:19:50 AM
SENATOR REINBOLD presented a brief biography of Mr. Rufo.
9:20:49 AM
CHRISTOPHER RUFO, Senior Fellow, Manhattan Institute, Pierce,
Washington, said that during Covid, parents became aware that
schools used curricula, pedagogies, and teaching materials they
disliked. Their concern caused them to take a more active role
in their children's education. He stated his belief that this
awareness sparked a nationwide movement advocating for
restrictions on racially or sexually abusive curriculum
materials and for greater transparency. SB 196 would require
schoolteachers to provide online access to teaching materials.
Teachers already have organized lessons and the ability to post
materials online.
9:22:46 AM
MR. RUFO said he learned through his policy study that teachers
welcome parental participation. Over the past thirty years,
studies have revealed that parental involvement is one indicator
of student success. Transparency does not require a significant
expenditure of resources and is predicated on the moral
statement, "Parents have the right to know what the government
is teaching their children." Transparency satisfies parents'
moral right to be informed. It serves the community by promoting
involvement in publicly funded institutions, and it makes
schools stronger because teachers can share information and
receive feedback. Curriculum transparency restores trust in
public schools.
9:25:03 AM
SENATOR REINBOLD provided a brief biography of Mr. Boyle.
9:26:03 AM
DAVID BOYLE, representing self, Anchorage, Alaska, said the
Anchorage School District (ASD) composes nearly 35 percent of
Alaska's student population and values transparency and
accountability. He stated his belief that citizens are better
served when governmental agencies are transparent. School
districts should post all curricula on their websites to be
fully transparent but, at a minimum, should post the materials
listed in SB 196 that address: diversity, equity, inclusion,
race, ethnicity, sex, and bias. Parents need to know what their
children are being taught so they can support the learning
objectives. Teachers should support posting materials online to
keep parents informed since education is a team effort. He
opined that if it's important enough to post the school's weekly
lunch menu on the school's webpage, then definitely materials
addressing diversity, equity, inclusion, ethnicity, race, sex
and bias should also be posted there.
9:27:36 AM
Regarding compelled speech, he provided an anecdotal story of
students being given an assignment that promoted a political
agenda. He said students should learn about government and the
legislative process, but they should not be used to promote
political agendas. Furthermore, students should not be compelled
to believe that the US is a racist or sexist country. He said
evidence that critical race theory (CRT) exists in ASD could be
seen in a citizen's survey posted on its website when recruiting
for a new superintendent. A desirable quality was, "able to lead
district diversity, equity and inclusion efforts." He opined
that this references CTR and its principles. The search firm
that provided the survey also supports CTR with statements on
its webpage like, "we will recognize systemic racism as an
equity problem for children's access to a fair, thorough, and
effective public education." He stressed that children need to
focus on the educational process and be nurtured to have a
successful life. No child should feel inferior. SB 196 protects
children.
9:30:16 AM
LEIGH SLOAN, State Director, Alaska Parent's Rights in
Education, Anchorage, Alaska, said she has a teaching degree,
specializes in gifted education, and homeschools her children.
She stated that US schools and universities are fighting an
ideological battle that emphasizes not being racist. Yet,
society perpetuates racism by paying more attention to skin
color than character. Intolerance for varying viewpoints,
violence, and suicide are increasing among young people. She
shared an anecdotal story of her seven-year-old son not
identifying people based on skin color. She opined that youth
are taught to discriminate in school. California removed
nondiscrimination language from its constitution a few years ago
because it violated values of equity and inclusion. However,
equity and inclusion are misnomers for the concepts which cause
discrimination and intentional bias.
9:31:54 AM
MS. SLOAN said the statue of Justice wears a blindfold and holds
scales in her hands. Equity removes the blindfold and erodes the
principles of equality and opportunity. Equity replaces the
blindfold with a magnifying glass that over-emphasizes
superficial identifiers like race and gender, thereby reversing
years of progress towards non-discrimination. Equity may sound
progressive, but it is regressive, promoting toxic tribalism
rather than equality of outcome. No child should have to defend
the aspects about themselves that they cannot change. Non-
discrimination and freedom of speech should be the norm within
schools. SB 196 prevents children from being used as weapons for
an ideological war they did not start. It promotes non-
discrimination and diversity of thought in public schools.
9:33:32 AM
SENATOR HUGHES said it is important that the issues addressed in
SB 196 be discussed because many Alaskan parents have expressed
concern. She stated she needs clarification on why SB 196, page
1, line 13, refers to the Board of Regents if SB 196 only
applies to K-12 education. She asked if SB 196 applies to post-
secondary institutions.
SENATOR REINBOLD stated her belief that SB 196 pertains only to
K-12 education but deferred to Mr. Rufo or Mr. Boyle.
CHAIR HOLLAND stated that online connections with Mr. Rufo and
Mr. Boyle were lost.
9:34:53 AM
SENATOR REINBOLD restated her belief that the University of
Alaska has oversight of some state standards, but SB 196
pertains to K-12 education.
9:35:19 AM
SENATOR HUGHES asked for assurance that SB 196 pertains only to
grades K-12. She said she receives letters of support and
opposition to legislation from students. She asked whether SB
196 would prevent such assignments.
9:36:44 AM
CHAIR HOLLAND asked if SB 196, page 3, would prevent a civics
class from reaching out to local legislators for any reason.
9:37:09 AM
SENATOR REINBOLD replied that it would not be prohibited. A
teacher can not force compelled speech based on sex, race,
ethnicity, religion, color, or national origin. Students cannot
be put in a position of indoctrination. SB 196 encourages free
speech and free thinking.
SENATOR MICCICHE arrived.
9:37:39 AM
SENATOR BEGICH opined that the language in SB 196 would prohibit
letters from being written to legislators because it does not
"allow a teacher, administrator, or other employee to require,
include in a course, or award course grading, credit, or extra
credit for political activism..." Writing letters could not be
part of the course due to grading. He shared an anecdotal story
of having a high school class with his friend Mr. Tuckerman
Babcock where they were encouraged to express different
political ideas and received course credit for their
participation. He said he understands that SB 196, Section 6,
addresses transparency found in AS 14.1.150 but opined that AS
14.18.160 strikes at the heart of encouraging young people to
engage in political philosophy. He stated that he and Mr.
Babcock went on to teach a high school course where they shared
their political philosophies and encouraged students to develop
their perspectives. He said SB 196 is concerning because it has
good intent but bad execution. He asked Senator Reinbold what
compelled speech problems have occurred in Alaska to make the
passage of SB 196 necessary.
9:40:50 AM
SENATOR REINBOLD said that SB 196 does not inhibit activism
regarding writing letters except on page 4, line 25, which says
a student, teacher, administrator, or other employees may not be
compelled "to affirm, adopt, or adhere to a belief or
concept..." She said the bookends for SB 196 are on page 4, line
4. She then read SB 196, Section 6, page 4, lines 4-19:
[Original punctuation provided.]
(A) the United States or the state is
fundamentally or irredeemably racist or sexist;
(B) an individual, by virtue of sex, race,
ethnicity, religion, color, or national origin, is,
consciously or unconsciously, inherently racist,
sexist, or oppressive;
(C) an individual, by virtue of sex, race,
ethnicity, religion, color, or national origin, is
blameworthy for actions committed in the past by other
member of the same sex, race, ethnicity, religion,
color, or national origin;
(D) an individual's moral character is
necessarily determined, in whole or in part, by the
individual's sex, race, ethnicity, religion, color, or
national origin;
(E) a sex, race, ethnicity, religion, color, or
national origin is inherently superior or inferior; or
(F) an individual should be adversely treated
based on sex, race, ethnicity, religion, color, or
national origin. . ."
Senator Reinbold said SB 196 attempts to remove extremes from
education.
9:42:31 AM
SENATOR BEGICH said what Senator Reinbold described in AS
14.18.160, paragraph 2 (SB 196, page 4, lines 4-27) differs from
AS 14.18.160, paragraph 1 (SB 196, pages 3-4, lines 281). The
sections of law in SB 196 are standalone; therefore, awarding
course credit for assignments encouraging students to explore
political issues would be prohibited
SENATOR BEGICH said he also has a concern regarding SB 196, page
4, lines 2-4, limiting the ability to teach students about
historical events involving racism, sexism, and oppression. He
opined that a teacher must be able to describe the nature of
slavery and WWII and whether there was inherent racism or
oppression. He opined that educators should instruct students in
critical thinking. He stated his belief that the compelling
sections of SB 196 do not get to the intent of transparency.
Instead, they restrict the ability of students to learn.
9:45:29 AM
SENATOR HUGHES said she does not see the conflict in language
that Senator Begich described. She said SB 196, page 4, lines 2-
3, does not prohibit a teacher from discussing historical
events. What is prohibited is a teacher forcing students to
affirm, adopt, or adhere to a particular belief because it would
keep a student from becoming a critical thinker.
9:46:36 AM
SENATOR REINBOLD agreed with Senator Hughes and said discussions
would be allowed under SB 196.
9:47:53 AM
CHAIR HOLLAND asked if there was an example of a school that
publishes its curriculum online.
SENATOR REINBOLD said schools have the mechanisms necessary to
post curricula online due to Covid. She said she did not know
whether any school was still posting curriculum. She noted that
having the materials online was beneficial to parents.
9:49:28 AM
SENATOR HUGHES read SB 196, page 3, lines 20-22, "The school
shall retain information about training, instructional, and
curricular material for at least two years after the material is
used." She noted that the foregoing might need a technical
change. She asked whether this meant two years after the
material was last used or first used.
9:50:05 AM
SENATOR REINBOLD replied that the sentence reads "after" used,
so the two years would be after the moment the curriculum was
used.
CHAIR HOLLAND said the interpretation would be the moment after
last used.
SENATOR REINBOLD replied correct.
CHAIR HOLLAND restated the interpretation as used most
recently.
9:50:29 AM
CHAIR HOLLAND said Mr. Boyle was back online and might be able
to address the previous concern about the Board of Regents.
9:50:56 AM
MR. BOYLE said SB 196 only applies to the K-12 educational
system. It does not include the university system. He reiterated
that SB 196 does not prevent a teacher from discussing
historical events. However, it does prohibit using students to
advance a specific issue, like assisting a governor in passing
his budget. He provided details of the incident and more
examples of what might occur in the classroom.
9:52:50 AM
SENATOR BEGICH said students were introduced to an active
approach to civics education in 1977. Juniors and seniors are
typically the high school students who choose to participate. He
opined that students were not compelled to participate. He asked
Mr. Boyle or committee members to provide an instance where
students were compelled because it had not happened in his
experience. He stated that a governor making a foolish request
to ASD did not take away a student's right to decide whether to
participate.
9:53:57 AM
CHAIR HOLLAND cautioned that it is bold to say that students
have not experienced assignments that were compelled. He said a
reason for requesting transparency in education was to address
compelling speech occurring in schools because parents do not
think students should have to fight the battle. He opined that
parents would be more likely to provide instances of children
being compelled to participate in an activity than committee
members.
SENATOR BEGICH said he was referring to the compelling element
of SB 196, not transparency.
9:54:38 AM
SENATOR HUGHES said students were compelled to take one position
for extra credit in the example Mr. Boyle gave. She stated that
SB 196 has language on page 3 that might need to be rewritten.
However, according to the bill sponsor, SB 196 would allow
students to pick issues and write about them.
9:55:50 AM
SENATOR REINBOLD said examples of compelling speech would be
provided during public testimony on SB 196. She shared quotes
from White Fragility, a book on racism.
CHAIR HOLLAND asked if the book was used in a school curriculum.
9:57:43 AM
SENATOR REINBOLD said she would read from an op-ed written on
April 15, 2021, by Dave Donely, an Anchorage School Board
member. She said the article discusses beliefs about white
supremacy, anti-tradition, anti-capitalism, anti-individualism,
anti-merit-based system, and all white people being racists:
I have objected to the district endorsing these books
on taxpayer funded websites without listing any or
recognition of opposing views through literature. I
submitted a list of all the books in publication that
present opposing opinions, but the district refused to
list them. I objected to the lack of any disclaimer
add to the political and partisan content of the
books. Only recently under public pressure, did the
ASD add a very weak and adequate disclaimer to several
of the non-CRT books, but none in opposition to CRT.
9:58:20 AM
SENATOR BEGICH asked for a definition of CRT.
SENATOR REINBOLD replied that she wanted to focus on
transparency and dignity. However, she would define critical
race theory (CRT) if the committee wanted.
SENATOR BEGICH said he did not need a definition if CRT stands
for critical race theory. He asked the committee not to use the
acronym CRT in place of the term critical race theory.
CHAIR HOLLAND asked if the quote was from Mr. Donely's op-ed.
SENATOR REINBOLD replied yes.
9:59:00 AM
SENATOR MICCICHE said he was unsure how the topic of discussion
changed from compelling behavior to book burning and asked that
the committee stick with the issue of compelling speech. He
stated that his conservative philosophy was formed by reading
works from both sides. Still, he does not support extra credit
awarded based on a student having to support a specific
position. He opined that SB 196 was too broad in controlling
compelling speech. He likes when young people write letters and
are freely involved. Discussions at a college level are
different and can solidify concepts taught in high school. The
issue of compelling students is important to discuss. The state
legislature must guard against limiting free exchange in school
because that is where students start forming their thoughts. He
wondered if there are other examples of compelled behavior
within Alaska. He expressed his belief that the word compelling
would need to be defined if SB 196 is to move forward.
10:02:41 AM
SENATOR BEGICH said there could be an attorney general
enforcement issue. He asked if a legal opinion was obtained
regarding whether SB 196 violates constitutional provisions.
10:03:12 AM
SENATOR REINBOLD said she is not aware if there is a legal memo.
However, AS 14.18.170[(a)] says, he attorney general may..."
It does not say shall," which is an important distinction.
10:03:58 AM
SENATOR REINBOLD said AS 14.18 addresses the prohibition against
discrimination based on sex or race in education. SB 196 delves
into the various issues contained AS 14.18 that are already in
state statute. As citizens, we must brush up on employment,
counseling, and recreation discrimination issues. A lot of these
issues are already addressed in law. SB 196 places bookends
around race and sex discrimination in education to eliminate
extremes.
10:04:52 AM
CHAIR HOLLAND said the committee would receive feedback from
Legislative Legal Services regarding the attorney general issue.
10:05:02 AM
SENATOR MICCICHE said he would like to review the section
regarding the attorney general. He asked for reference numbers.
10:05:13 AM
SENATOR REINBOLD replied AS 14.18.010 14.18.110.
10:05:46 AM
MR. KING said the committee should consider that AS 14.18 is
antidiscrimination law, and the references within that chapter
all state "this chapter." The addition of the new subsections
was entirely excluded from previous sections. So throughout SB
196, "this chapter" was changed to "AS 14.18.010-14.18.110."
Mention of the Board of Regents was to specifically identify
that the university is not subject to the new sections.
MR. KING noted a potential gap in SB 196, page 1. The board
referenced in AS 14.18.080(a) is the State Board of Education,
and by narrowing the range from "this chapter" only through AS
14.18.110, which is existing law, the board might not have the
authority to write regulations over the new law. He said it is
something that would need to be addressed.
10:07:09 AM
CHAIR HOLLAND held SB 196 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 236 Sponsor Statement.pdf |
SEDC 3/25/2022 9:00:00 AM |
SB 236 |
| SB 236 Fiscal Note (FP).pdf |
SEDC 3/25/2022 9:00:00 AM |
SB 236 |
| SB 236 Fiscal Note (PEF).pdf |
SEDC 3/25/2022 9:00:00 AM |
SB 236 |
| SB 236 CS.pdf |
SEDC 3/25/2022 9:00:00 AM |
SB 236 |
| SB 236 LYSD Letter.pdf |
SEDC 3/25/2022 9:00:00 AM |
SB 236 |
| SB 196 Sponsor Statement 2.21.22.pdf |
SEDC 3/25/2022 9:00:00 AM SJUD 4/25/2022 1:30:00 PM |
SB 196 |
| SB 196 Sectional 2.25.22.pdf |
SEDC 3/25/2022 9:00:00 AM SJUD 4/25/2022 1:30:00 PM |
SB 196 |