Legislature(2021 - 2022)BUTROVICH 205
04/20/2022 09:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB196 | |
| HB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 196 | TELECONFERENCED | |
| += | HB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 196-PUBLIC ED: SPEECH, DISCLOSE INST MATERIAL
9:12:50 AM
CHAIR HOLLAND announced the consideration of SENATE BILL NO.
196, "An Act relating to transparency and compelled speech in
public education."
[SB 196 was previously heard on 3/25/2022, and 4/4/2022.]
9:13:22 AM
SENATOR HUGHES moved to adopt Amendment 1, work order 32-
LS0768\O.1.
32-LS0768\O.1
Marx
4/9/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR HUGHES
Page 3, line 22:
Delete "material is used"
Insert "most recent use of the material"
9:13:24 AM
CHAIR HOLLAND objected for purposes of discussion.
9:13:30 AM
SENATOR HUGHES explained that Amendment 1 would clarify the
sponsor's intention on page 3, line 22, that schools shall
retain information about training, instructional, and curricular
materials for at least two years after the most recent use of
the material.
9:13:50 AM
CHAIR HOLLAND recalled the discussion that led to Amendment 1.
9:14:10 AM
At ease
9:14:30 AM
CHAIR HOLLAND reconvened the meeting.
9:14:43 AM
SENATOR STEVENS questioned whether requiring the language "most
recent material would restrict it solely to the most recent
material. He related his understanding that the intent was to
capture all of the curricular materials.
SENATOR HUGHES responded that Amendment 1 relates to the most
recent use of the curriculum, not the most recent version. The
question was whether the two-year period posting requirement
would begin with the last use of the material.
9:15:35 AM
CHAIR HOLLAND removed his objection.
9:15:45 AM
SENATOR MICCICHE objected for further discussion. He suggested
that the grammar in that sentence did not seem to work.
9:16:01 AM
SENATOR HUGHES responded that Legislative Legal Services drafted
Amendment 1. She summarized the discussion in committee related
to the material used by schools. The question was, once a school
began using the material, whether it would need to retain the
material from that point or if the school must keep it posted
from the point the school stopped using the material.
9:16:30 AM
CHAIR HOLLAND read the language incorporating Amendment 1.
The school shall retain information about training,
instructional, and curricular material for at least
two years after the most recent use of the material.
CHAIR HOLLAND said he thought the language read well.
9:17:23 AM
SENATOR MICCICHE maintained his objection.
9:17:39 AM
SENATOR HUGHES suggested replacing "after" with "since." She
offered her view that without the amendment, it could create
confusion about when the two-year clock would begin.
SENATOR MICCICHE interpreted Amendment 1 to mean that a school
would use the material in a course, but "the most recent" would
not accomplish what the sponsor intended. He said the
[subsection] was clear. He suggested that if the goal were to
set a clock, it would be two years after the beginning of the
course or the end of the course date. He offered his belief that
subsection (c) already states it. He asked for clarification on
whether this would capture the point in time where the two years
began.
SENATOR HUGHES answered yes.
9:19:08 AM
SENATOR MICCICHE moved to adopt Conceptual Amendment to
Amendment 1, on page 3, line 22:
Delete "material is used"
Insert "completion of the course"
CHAIR HOLLAND asked how the language would read.
9:19:49 AM
SENATOR MICCICHE stated that incorporating Conceptual Amendment
1 to Amendment 1, the language on page 3, lines 20-22 would
read, "The school shall retain information about training,
instructional, and curricular material for at least two years
after the completion of the course.
9:20:14 AM
CHAIR HOLLAND solicited a motion.
9:20:19 AM
SENATOR MICCICHE pointed out that he had moved to adopt
Conceptual Amendment 1 to Amendment 1.
9:20:22 AM
CHAIR HOLLAND objected for purposes of discussion.
9:20:24 AM
SENATOR HUGHES stated support for Conceptual Amendment 1 to
Amendment 1.
9:20:33 AM
CHAIR HOLLAND withdrew his objection; he found no further
objection, and Conceptual Amendment 1 to Amendment 1 was
adopted.
9:20:45 AM
CHAIR HOLLAND removed his objection to Amendment 1; he found no
further objection, and Amendment 1, as amended, was adopted.
9:21:18 AM
SENATOR HUGHES moved to adopt Amendment 2, work order 32-
LS0768\O.2.
32-LS0768\O.2
Marx
4/9/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR HUGHES
Page 3, line 27:
Delete "may not"
Page 3, line 28, through page 4, line 1:
Delete all material and insert:
"(1) may allow a teacher, administrator, or
other employee to include in a course or award course
grading, credit, or extra credit for political
activism, lobbying or efforts to persuade members of
the executive or legislative branch at the local,
state, or federal level to take specific action, or
any practicum or similar activity involving social or
public policy advocacy, if the teacher, administrator,
or other employee does not direct or otherwise compel
a student or a teacher, administrator, or other
employee to affirm, adopt, or adhere to a specific
belief or concept;"
Page 4, line 2, following "(2)":
Insert "may not"
Page 4, line 20, following "(3)":
Insert "may not"
Page 4, lines 23 - 24:
Delete "in activism or advocacy as described in
(1) of this subsection"
Insert "to affirm, adopt, or adhere to a specific
belief or concept"
Page 5, line 6, following "(4)":
Insert "may not"
9:21:21 AM
CHAIR HOLLAND objected for purposes of discussion.
9:21:23 AM
SENATOR HUGHES explained that Amendment 2 would allow student
participation but teachers could not tell students what topic or
position they should take. She related that the committee held
discussions on the importance of civic education and for
students to interact with the legislature and Congress. For
instance, she had received numerous letters from grade school
and high school students weighing in on certain issues.
CHAIR HOLLAND related his understanding that Amendment 2 was to
ensure that students could send political postcards to
legislators. It would allow that participation so long as the
teacher did not take specific action to compel students to do
something.
9:22:51 AM
SENATOR HUGHES responded that students would be free to pick
their position on a topic. She related an instance in the
Anchorage School District where credit was being offered for
students to take a certain position. She said that students
should make up their minds about issues.
CHAIR HOLLAND offered his support for Amendment 2.
9:23:14 AM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 2 was adopted.
9:24:01 AM
SENATOR LORA REINBOLD, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 196, stated that the intent of Amendment 2 was
good because it indicates what the teacher "may" be allowed to
do. She noted that the language on page 4, lines 20 and 20-23
indicates what the teacher may not do.
CHAIR HOLLAND recalled earlier discussions on the topic. He
suggested that this language would allow outreach but restrict
teachers from compelling students to take a specific position on
an issue.
SENATOR REINBOLD clarified that the language was never intended
to restrict outreach or education, but to restrict divisive
concepts.
9:25:42 AM
SENATOR MICCICHE related his understanding that the committee
would like students to be involved but not directed to take a
certain opinion. Amendment 2 would allow student involvement,
including receiving credit for doing so, without compelling
students to take a certain position. He asked whether she was in
favor of that concept.
SENATOR REINBOLD responded that she would support Amendment 2 if
that were the intent.
9:26:26 AM
SENATOR STEVENS asked for examples of teachers forcing students
to take certain positions.
SENATOR REINBOLD said one example was that some teachers were
encouraging the students to take a position regarding the Walker
administration's budget. She stated that she would like students
to have the freedom to make their own decisions using critical
thinking rather than being directed.
9:27:28 AM
SENATOR STEVENS asked for other examples.
SENATOR REINBOLD responded that some of the disparaging remarks
made about race included that people of a certain race were
automatically considered oppressors. She stated that she was
trying to prevent negative things from happening in the future.
She suggested Amendment 2 was in response to some of the books
being allowed as part of the curriculum. For instance, she
wanted to ensure that Caucasians were not automatically
considered oppressors simply because they were white and that
blacks were not victims based solely on their race. She
expressed her interest in schools not teaching divisive things
or teachers imposing their opinions on students. She related
that when she was a substitute teacher, one teacher was anti-
war, but about 100 students had parents who were deployed, so
their teacher anti-war views were alarming to them. She stated
students felt empowered by speaking out against that teacher's
views.
9:30:43 AM
SENATOR STEVENS agreed that it was wise not to tell students the
position they must take. He said he appreciated her sharing her
experiences in the classroom because the more detail and
examples she could give would more clearly define the issue.
9:31:05 AM
SENATOR MICCICHE highlighted that Senator Reinbold was sometimes
opinionated. If she had been a substitute teacher during COVID-
19, he wondered whether she would have had to present both sides
of the issue. This bill would not allow her to ask the students
to be active in COVID-19 anti-vaccination or anti-masking
policies. She would not have been able to direct students to
become active in the anti-vaccination issues or give them credit
for that. He noted that she could inform students of the issues
and allow them to make their own decisions. He asked how she
would feel about being unable to send "a little army of eighth
graders out." He noted that teachers must stay neutral about the
issues.
9:32:43 AM
SENATOR REINBOLD suggested that his question was off-topic. She
explained that SB 196 would give specific guidance. She
paraphrased the language on page 4 that indicates that teachers
may not direct or otherwise compel a student to affirm, adopt,
or adhere to the belief or concepts that
(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 members 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 17 inherently superior or inferior;
or
SENATOR REINBOLD opined that the provisions put bookends on
what can be taught.
9:33:55 AM
CHAIR HOLLAND stated he would like to return to the topic of
Amendment 2.
SENATOR MICCICHE said his comments were about Amendment 2.
CHAIR HOLLAND asked Senator Reinbold if she supported Amendment
2.
SENATOR REINBOLD answered yes.
SENATOR MICCICHE stated Amendment 2 was specifically about
prohibiting compelled speech. He maintained that he wanted to
clarify that it goes both ways. He noted that Amendment 2 allows
for course credit for student proactive work, which he
supports, but it does not allow teachers to steer students in
one direction or another.
CHAIR HOLLAND stated he was unsure that Senator Reinbold's
opinion on either side of any issue would affect the amendment.
9:35:02 AM
SENATOR HUGHES noted that the sponsor had cited a different part
of the bill. She clarified that Amendment 2 relates to compelled
speech and was not limited to Critical Race Theory (CRT) but
would apply to any topic, including taxes, the permanent fund
dividend, or abortion. She indicated that students would be free
to take their position on COVID-19 issues.
CHAIR HOLLAND related that teachers could tell their students
they could write a postcard with their thoughts about COVID-19.
9:35:51 AM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 2 was adopted.
9:36:10 AM
SENATOR HUGHES recalled some members had raised concern that SB
196 might inhibit teachers from teaching history, including the
Civil War or about Martin Luther King, Jr. She indicated that
she had discussed this with Legislative Legal Services (Leg
Legal) and the wording "affirmthat was adopted here. Leg Legal
did not believe language needed to be added to show that nothing
in this section would prohibit teaching American history. She
asked the record to clarify that Legislative Legal Services
believes that teachers could teach American or Alaska history.
She also noted that some suggestions were made that CRT was only
taught at the university level. She directed attention to a
poster in documents posted on BASIS related to the eligibility
for a class at the University of Alaska directed to Anchorage
School District and middle college educators. The title of the
course was the Anti-racist Writing Workshop; How to Decolonize
the Creative Classroom. She noted that this included a $3,000
stipend and a $200 book stipend for participants. The course was
held at the UAA campus on December 4 and 18, 2021.
SENATOR HUGHES recalled reading about the National Education
Association's National Conference discussing this topic. She
offered her view that this had infiltrated into classrooms
despite school board policies. She related that this appeared to
be a trend of thinking that some educators were exposed to, so
she offered her belief that SB 196 was an important policy. She
offered her support for SB 196.
9:38:55 AM
SENATOR MICCICHE stated that this bill has a Senate Judiciary
Committee referral. He said he hoped the committee would remove
the specific suggestions of damages listed in Section 4 because
he would have difficulty supporting the bill with that language.
He acknowledged the importance of giving people standing in
Superior Court. However, he stated that he did not support
identifying how those damages should be delivered in the bill,
which makes a case for an attorney. He characterized it as his
personal gripe because the courts and attorneys can make those
decisions.
SENATOR HUGHES agreed that Section 4 needed some fixes, but she
had decided that the Senate Judiciary Committee should consider
those provisions.
9:39:56 AM
SENATOR STEVENS asked for clarification of the intent of SB 196.
He stated that he had served as a professor of history for 25
years, often teaching Western Civilization and US History. He
indicated that he had taught and textbooks have proclaimed the
Holocaust, in which 6 million Jewish people were killed during
WWII by Nazi Germany. He related that the primary reason he had
seen, which textbooks agree, was that the Civil War was an issue
of slavery, both pro-slavery and anti-slavery. Some people do
not agree and argue that it was a war over states' rights. Some
people say the Holocaust never occurred and that it was all a
lie. He asked how this bill would affect him as a history
teacher. He asked whether this bill would inhibit him from
teaching what the historians agree upon, specifically related to
those issues.
9:41:14 AM
SENATOR REINBOLD responded that he would be allowed to teach
anything regarding the Civil War and the Holocaust. She said the
bill encourages it. This bill would not allow teachers to teach
concepts that because a person is white, they are an oppressor
because those concepts are creeping into the classrooms. She
stated that the goal of SB 196 is dignity and transparency in
education. She noted that online teaching materials promote
transparency and help parents teach their children. She thanked
the committee for hearing the bill.
9:42:54 AM
SENATOR STEVENS moved to report SB 196, work order 32-LS0768\O,
as amended, from committee with individual recommendations and
attached fiscal note(s).
9:43:14 AM
CHAIR HOLLAND found no objection, and CSSB 196(EDC) was reported
from the Senate Education Standing Committee.