Legislature(2013 - 2014)CAPITOL 106

03/17/2014 08:00 AM House EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 210 STUDENT RESTRAINT, SECLUSION, PSYC DRUGS TELECONFERENCED
Moved CSHB 210(EDC) Out of Committee
+ HB 318 ANNUAL SCHOOL REPORT: MILITARY FAMILIES TELECONFERENCED
Moved CSHB 318(EDC) Out of Committee
+ Confirmation Hearings TELECONFERENCED
<Above Item Removed from Agenda>
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 210-STUDENT RESTRAINT, SECLUSION, PSYC DRUGS                                                                     
                                                                                                                                
8:04:01 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS announced that the  first order of business would be                                                               
HOUSE BILL  NO. 210,  "An Act relating  to the  administration of                                                               
psychiatric  medication   to  a   student;  relating   to  crisis                                                               
intervention  training  for  school personnel;  and  relating  to                                                               
restraint,  escort,  and  seclusion  of students  in  public  and                                                               
private schools."  [Before the committee  was Version  I, adopted                                                               
as a working draft on 2/12/14.]                                                                                                 
                                                                                                                                
8:04:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD moved  to adopt  the proposed  committee                                                               
substitute  (CS)  for HB  210,  Version  T, labeled  28-LS0852\T,                                                               
Mischel, 2/25/14, as the working document.                                                                                      
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion purposes.                                                                         
                                                                                                                                
8:05:21 AM                                                                                                                    
                                                                                                                                
VASILIOS  GIALOPSOS,  Staff,   Representative  Charisse  Millett,                                                               
Alaska State Legislature,  explained the four changes  in the new                                                               
version, Version T as compared to  Version I. He said the section                                                               
that dealt with the conditions  of the dispensation of medication                                                               
was removed since the purpose  was to identify drugs for chemical                                                               
restraint, but the committee and  the stakeholders raised issues.                                                               
He  indicated  that  the definition  of  chemical  restraint  was                                                               
changed reflect the  definition used by the  federal Medicaid and                                                               
Medicare Services  program.   [On page  4, line  31, and  page 5,                                                               
lines  1-2,  subsection  (g), which  read,  "chemical  restraint"                                                               
means a  psychopharmacologic drug that  is used on a  student for                                                               
discipline or  convenience and  that is not  required to  treat a                                                               
medical symptom;".                                                                                                              
                                                                                                                                
MR. GIALOPSOS said  the sponsor felt that the  definition gives a                                                               
succinct  and clear  scope of  the intent  of the  medication and                                                               
something that  no parent or  educator would want  seen performed                                                               
without having any of the encumbrances seen in [Version I].                                                                     
                                                                                                                                
MR. GIALOPSOS  stated secondly, the  term "physically  escort" is                                                               
removed entirely from Version T.   The commissioner and educators                                                               
suggested these  changes, since  the original  intent was  to ban                                                               
physically escorting  a child in  a manner that  restricted their                                                               
breathing.  He indicated that  would have been a redundancy since                                                               
that person would have been  physically restrained in a manner to                                                               
restrict  their breathing,  but it  could have  had a  "chilling"                                                               
effect at  a time when  school personnel have  necessary physical                                                               
contact with  a student  "having a  meltdown."   He said  this is                                                               
especially  helpful for  high school  and middle  school students                                                               
and the schools need compassionate teachers.                                                                                    
                                                                                                                                
MR. GIALOPSOS  reported that private  and religious  schools were                                                               
also explicitly exempted  for two reasons.   First, those schools                                                               
were  exempted  due  to an  absence  of  enforcement  mechanisms.                                                               
Secondly, having  a legal  framework in  place in  public schools                                                               
allows parents in private and  religious schools to seek redress,                                                               
which is what has happened in many other states.                                                                                
                                                                                                                                
8:08:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to page  6, lines  4-6, Sec.  4,                                                               
which states a private or  religious school is "exempt from other                                                               
provisions of  law and regulations  relating to  education except                                                               
law  and regulations  relating to  physical health,  fire safety,                                                               
sanitation,  immunization,  and   physical  examinations."    The                                                               
stated  purpose  is students'  physical  health.   He  wanted  to                                                               
ensure this language doesn't exempt  these schools from potential                                                               
criminal  restraint  and  is  limited  to  laws  and  regulations                                                               
relating to education.                                                                                                          
                                                                                                                                
MR. GIALOPSOS answered that he is  correct.  He referred to lines                                                               
2-6,  which is  language that  currently exists  in statute  that                                                               
talks  about  existing exemptions.    This  would not  allow  any                                                               
school  to  break the  law.    He  reported  that a  20-year  old                                                               
Department  of Law  opinion on  corporal punishment  advised that                                                               
private  and religious  schools can  use corporal  punishment but                                                               
cannot  violate the  laws in  terms of  assaulting students.   He                                                               
concluded the same rationale would apply in this instance.                                                                      
                                                                                                                                
REPRESENTATIVE  SEATON removed  his  objection.   There being  no                                                               
further objection, Version T as before the committee.                                                                           
                                                                                                                                
8:11:09 AM                                                                                                                    
                                                                                                                                
LUCY HOPE, Director,  Student Support Services, Matanuska-Susitna                                                               
Borough  School  District  (MSBSD),  said the  district  has  had                                                               
policies  and  procedures  regarding  the use  of  restraint  and                                                               
seclusion in  place since 2008.   The  administrative regulations                                                               
adopted  by  the  MSB  School  Board  state  that  restraint  and                                                               
seclusion may  only be  used if the  student's behavior  poses an                                                               
imminent danger of  physical injury to the student  or to another                                                               
person.  She said seclusion  is also specifically defined in that                                                               
regulation   as   is   the   need   for   constant   supervision,                                                               
documentation,  and   parent  notification.     The   process  of                                                               
implementation  of restraint  is described  in the  certification                                                               
course  by  David Mandt  and  Associates,  taught by  a  district                                                               
employee and must  be reviewed annually by  staff members needing                                                               
certification.  The MSBSD's trainer  works about 62 days per year                                                               
providing training to 350 staff.                                                                                                
                                                                                                                                
8:12:38 AM                                                                                                                    
                                                                                                                                
MS. HOPE  related the MSBSD has  in the past worked  with smaller                                                               
districts and is  willing to provide training  needs for training                                                               
fees.   She stated  that the  documentation, parent  contact, and                                                               
review of  these incidents are  specified in the  MSBSD's policy,                                                               
similar to  those outlined in the  bill.  In addition,  the MSBSD                                                               
requires a school nurse or  designee check the student during and                                                               
following any  restraint or  seclusion.   She said  that changing                                                               
behavior   is   best   accomplished   by   strong   and   healthy                                                               
relationships  between adults  and children  and adults  build on                                                               
these relationships  to teach skills, including  skills to manage                                                               
anger  and frustration.    She related  that  the Mandt  [System,                                                               
Inc.] training  is based on  developing those  relationships with                                                               
students.   The training  teaches students  replacement behaviors                                                               
and helps the child deescalate  behavior.  She emphasized that it                                                               
also focuses on how to avoid  using restraint with students.  She                                                               
noted  that not  all  staff  are trained  due  to  cost and  time                                                               
constraints;  however,   appropriate  personnel  is   trained  to                                                               
address  the  potential  to  use restraint  or  seclusion.    She                                                               
concluded that  this would  not add  additional burden  and would                                                               
underline and  underscore the MSBSD's policy  for student safety.                                                               
She highlighted one  portion of the bill that the  MSBSD does not                                                               
have to currently  report to the EED, and the  MSBSD collects the                                                               
data so it  could be reported, but it might  result in additional                                                               
costs to the EED.                                                                                                               
                                                                                                                                
8:14:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked for the district's  current policy                                                               
if a  child acts out in  a class.  She  related her understanding                                                               
that it typically  means isolating the child.   She asked whether                                                               
the new  policy would cause  the removal  of all children  from a                                                               
classroom to allow staff to handle the child.                                                                                   
                                                                                                                                
MS. HOPE answered that seclusion would  only be used when a child                                                               
poses  a danger  to self  or others  and would  not be  used with                                                               
students  who were  acting  up.   She  stated  that seclusion  is                                                               
clearly defined  in statute and  is not a  "time out" or  part of                                                               
the hierarchy of discipline or positive behavior support.                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD described  an incident involving scissors                                                               
she encountered as a substitute teacher.                                                                                        
                                                                                                                                
MS. HOPE responded  that in that type of  situation trained staff                                                               
should  be  available to  deal  with  escalating behavior.    She                                                               
acknowledged  it can  be difficult  for substitute  teachers, but                                                               
there should be procedures in place.                                                                                            
                                                                                                                                
REPRESENTATIVE  REINBOLD  said  the "big  picture"  includes  the                                                               
other students in the classroom  who should be least interrupted.                                                               
She wanted to ensure that the  students who want to learn are not                                                               
being disenfranchised.                                                                                                          
                                                                                                                                
MS. HOPE understood her concern.                                                                                                
                                                                                                                                
8:17:35 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS asked how long she  has been working in the district                                                               
as a policymaker.                                                                                                               
                                                                                                                                
MS. HOPE  answered this is  her seventh  year as a  director, but                                                               
she has  taught in the  district since  the 1980s.   She received                                                               
training  on  de-escalation  techniques  as a  teacher,  but  the                                                               
training has improved over the years.                                                                                           
                                                                                                                                
CHAIR  GATTIS  lauded  Ms.  Hope's expertise.    She  shared  the                                                               
concern  about  the reporting  aspect.    She asked  for  further                                                               
clarification  on  whether  the bill  outlines  proper  statewide                                                               
policy.                                                                                                                         
                                                                                                                                
MS. HOPE agreed.                                                                                                                
                                                                                                                                
8:19:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SADDLER  said   he   appreciated  the   training                                                               
component in HB 210.   He stated that applied behavioral analysis                                                               
(ABA)  is  a  philosophy  and  principle  that  is  wonderful  in                                                               
modifying behavior  of special  needs and  regular students.   He                                                               
hoped that the techniques embrace these principles.                                                                             
                                                                                                                                
MS. HOPE answered that it does  work on the theory of reinforcing                                                               
good   behavior   and   addresses   misbehavior   with   teaching                                                               
replacement behaviors and clear-cut  consequences.  She agreed it                                                               
provides  the  backbone  of  the   ABA,  which  reduces  unwanted                                                               
behaviors.                                                                                                                      
                                                                                                                                
8:21:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  expressed  concern about  notification                                                               
procedures  and asked  for further  clarification on  the MSBSD's                                                               
guidelines for notifying parents.                                                                                               
                                                                                                                                
MS. HOPE  answered that the  district tries to notify  parents on                                                               
the  same day  although it  isn't always  possible; however,  the                                                               
policy  is  to notify  parents  within  24-hours.   The  district                                                               
incident form captures the time and who contacted the parent.                                                                   
                                                                                                                                
REPRESENTATIVE  P.  WILSON  asked for  further  clarification  on                                                               
behaviors that require notification.                                                                                            
                                                                                                                                
MS. HOPE  responded that students  are often sent to  the office,                                                               
which may  or may not  result in parental  notification; however,                                                               
each time  a student is  taken out  using physical action  or for                                                               
seclusion, notification does occur.                                                                                             
                                                                                                                                
8:22:32 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked  about  procedures that  include                                                               
individualized education programs (IEPs).                                                                                       
                                                                                                                                
MS. HOPE  said the techniques and  use of seclusion are  laid out                                                               
in an IEP team meeting and documented in the IEP.                                                                               
                                                                                                                                
8:23:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER referred  to  the  student restraint  and                                                               
seclusion requirements  in Section 3  [page 2-3]  of HB 210.   He                                                               
asked  whether these  requirements ask  too much  of teachers  or                                                               
aides.                                                                                                                          
                                                                                                                                
MS. HOPE  answered no; the  teachers and aides in  these programs                                                               
have a  tremendous amount of  training and background as  well as                                                               
insight into students  and which tools to use.   She acknowledged                                                               
asking someone without training to do  so would be asking for too                                                               
much.                                                                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER agreed.                                                                                                  
                                                                                                                                
8:25:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KITO III asked whether  including a written report                                                               
that is maintained  in a student's record raises  any concern for                                                               
that information  becoming public or  if the student's  record is                                                               
confidential in perpetuity.                                                                                                     
                                                                                                                                
MS.  HOPE answered  it would  never be  made public  and is  kept                                                               
confidential but parents may give written permission upfront.                                                                   
                                                                                                                                
8:26:39 AM                                                                                                                    
                                                                                                                                
CLAYTON  HOLLAND,  Director,   Pupil  Services,  Kenai  Peninsula                                                               
Borough School District (KPBSD), testified  in support of HB 210.                                                               
He said  Ms. Hope's testimony covered  much of what he  wanted to                                                               
say.  The KPBSD  has followed most of what is  proposed in HB 210                                                               
for several  years, including a  reporting system.   The district                                                               
already reports  to the state on  the number of restraints.   The                                                               
district hasn't  had any  seclusion incidents  to report.   Every                                                               
school has a minimum of two  trained staff and their trainers are                                                               
classified staff  in the district.   He offered that  how schools                                                               
look at students  and student behavior has  been better addressed                                                               
and has moved to focus on  how to help students become successful                                                               
in school, including ABA, or  other techniques.  He characterized                                                               
it  as  a  cultural  shift  that  appears  to  be  happening  and                                                               
restraint is  rarely used.   He  supported other  districts using                                                               
these techniques and trends.                                                                                                    
                                                                                                                                
8:28:57 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  asked whether the  bill is a clarification  of what                                                               
is already occurring in the district.                                                                                           
                                                                                                                                
MR. HOLLAND answered yes.                                                                                                       
                                                                                                                                
8:29:43 AM                                                                                                                    
                                                                                                                                
JEANNE  GERHARDT-CYRUS,  Parent,  stated   support  for  HB  210,                                                               
paraphrasing  from a  prepared statement,  which read  as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     My husband was called to  school to witness a 250 pound                                                                    
     principal lying on top of  our 9 year old daughter, who                                                                    
     was  crying and  screaming,  "Get off  of  me, I  can't                                                                    
     breathe, you're breaking my arm."                                                                                          
                                                                                                                                
     This is not Education!                                                                                                     
                                                                                                                                
     I am  a parent of  a child who was  restrained multiple                                                                    
     times in grades 1-8.   My daughter experiences prenatal                                                                    
     exposure  to alcohol  and is  one of  the few  in rural                                                                    
     areas to have received a diagnosis.                                                                                        
                                                                                                                                
     My daughter  experienced high anxiety  in school.   She                                                                    
     would  self-accommodate by  hiding  under  her desk  or                                                                    
     removing  herself from  the  classroom situation  which                                                                    
     caused visual/verbal overload.                                                                                             
                                                                                                                                
     Unfortunately,  the teacher's  reaction  to this  "non-                                                                    
     compliance" was usually to get  closer to her face, use                                                                    
     more  words  and talk  louder.    Far from  encouraging                                                                    
     "compliance",  this  caused  increased anxiety  and  my                                                                    
     daughter would attempt to leave the classroom.                                                                             
                                                                                                                                
     When prevented from  self-accommodating, i.e., boxed in                                                                    
     a  corner;  my  daughter   would  act  out  physically.                                                                    
     Additionally  harmful-staff restraining  was untrained,                                                                    
     non-certified  and multiple.    We had  reports of  two                                                                    
     adults carrying my daughter down  the hall held by arms                                                                    
     and legs towards seclusion.                                                                                                
                                                                                                                                
     My daughter was subsequently diagnosed with PTSD.                                                                          
                                                                                                                                
     This  year, my  daughter  is  on the  honor  roll as  a                                                                    
     freshman  in high  school.   We  are  working with  the                                                                    
     Complex  Behavioral   Collaborative  [(CBC)]   and  the                                                                    
     teachers allow  her to  self-accommodate.   Her anxiety                                                                    
     is  much  reduced and  she  able  to excel  in  school.                                                                    
     Between  her  efforts, those  of  the  CBC, staff,  and                                                                    
     parents in  collaboration, everyone  is safer,  and she                                                                    
     is reaching towards her potential.                                                                                         
                                                                                                                                
     This is Education!                                                                                                         
                                                                                                                                
     Our students  AND staff need  training in  approved de-                                                                    
     escalation techniques.   Inappropriate  and unnecessary                                                                    
     restraint and  seclusion needs to  stop.   The physical                                                                    
     psychological damage is too high a price to pay.                                                                           
                                                                                                                                
8:32:44 AM                                                                                                                    
                                                                                                                                
MS. GERHARDT-CYRUS paraphrased her daughter's testimony, as                                                                     
follows:                                                                                                                        
     My history with  restraint and seclusion is  bad if not                                                                    
     worse with all the people  that got hurt because of me.                                                                    
     I have no friends cause  everyone [Indisc.].  It was so                                                                    
     bad that when I was in  8th grade I went to a treatment                                                                    
     facility.   This year  with the  right services  and no                                                                    
     restraints  or seclusion  I am  doing  much 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 and  go for a  walk and clear  my head.                                                                    
     Thank you.                                                                                                                 
                                                                                                                                
8:33:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.   WILSON  appreciated  the  testimony.     She                                                               
acknowledged the progress within  the school district for meeting                                                               
Ms. Gerhardt-Cyrus's  daughter.  She asked  if Ms. Gerhardt-Cyrus                                                               
supports the bill.                                                                                                              
                                                                                                                                
MS. GERHARDT-CYRUS  emphasized that the  bill is important.   She                                                               
related  that  she had  once  encouraged  her daughter  to  leave                                                               
school and obtain a GED, but now  her daughter is hoping to be on                                                               
the honor roll for four years.                                                                                                  
                                                                                                                                
8:34:58 AM                                                                                                                    
                                                                                                                                
MIKE COONS  stated he is  retired but that  he has worked  in the                                                               
area  of  rescue  and  life  support  for  over  22  years  as  a                                                               
paramedic,  including  training  others  in  life  support.    He                                                               
praised  the Mandt  [System, Inc.]  training, which  is effective                                                               
and  important.   First, Mandt  [System, Inc.]  is used  when the                                                               
person is  completely out of  control and needs to  be restrained                                                               
to  protect the  person or  others.   Second,  it's important  to                                                               
protect the teacher and students.   He referred to Representative                                                               
Reinbold's example  and stressed  the importance of  removing the                                                               
other  students  from any  situation  with  scissors, knives,  or                                                               
other  sharp  implements.    He   offered  suggestions  to  avoid                                                               
asphyxia,  including putting  the  person on  his/her  side.   He                                                               
offered  that  local  fire  districts  are  able  to  host  Mandt                                                               
[System,  Inc.] training  for  a  nominal fee.    In closing,  he                                                               
encouraged the more  people who have the training  the better off                                                               
a school will be.                                                                                                               
                                                                                                                                
8:39:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER  asked  for clarification  on  the  Mandt                                                               
[System, Inc.].                                                                                                                 
                                                                                                                                
MR.  COONS suggested  that crisis  intervention training  for the                                                               
responders   after  a   major  incident   includes  post   action                                                               
debriefing.                                                                                                                     
                                                                                                                                
8:40:29 AM                                                                                                                    
                                                                                                                                
PAM RONCONE, Crisis Prevention  Institute, introduced herself and                                                               
said she is available for questions.                                                                                            
                                                                                                                                
REPRESENTATIVE P.  WILSON asked for further  clarification on the                                                               
acronym "MANDT."                                                                                                                
                                                                                                                                
MS. RONCONE  pointed out the acronym  is "MANDT" but she  did not                                                               
see it spelled out on the website.                                                                                              
                                                                                                                                
8:41:42 AM                                                                                                                    
                                                                                                                                
RON  COWAN, Legal  Rights  Advocate/Investigator, Disability  Law                                                               
Center of Alaska,  stated support for HB 210,  and clarified that                                                               
Mandt is  not an acronym  but rather the  name of the  man, David                                                               
Mandt, who  created the technique.   He continued  his testimony,                                                               
paraphrasing  from a  prepared  statement,  which read  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     I'd like  to thank you  for the opportunity  to comment                                                                    
     on  this   proposed  legislation   on  behalf   of  the                                                                    
     Disability   Law   Center   of  Alaska,   the   State's                                                                    
     designated Protection & Advocacy  system for people who                                                                    
     experience a  disability.  I  am the primary  abuse and                                                                    
     neglect   investigator  for   our   agency,  and   have                                                                    
     previously  served   as  the  State's   Long-Term  Care                                                                    
     Ombudsman and as a regulator.                                                                                              
                                                                                                                                
     As many of  you already know, the use  of restraint and                                                                    
     seclusion  in schools  has become  a much  talked about                                                                    
     issue  over  the past  10  or  more  years.   The  main                                                                    
     reasons for  this are the  number of injuries  and even                                                                    
     deaths that  have been linked  to the use  of restraint                                                                    
     and seclusion  in schools.   So  too, some  studies and                                                                    
     investigations  have  revealed   the  inappropriate  or                                                                    
     misuse   of  restraint   and   seclusion  in   schools.                                                                    
     Legislation   to  address   these  concerns   has  been                                                                    
     introduced in Congress and many  states have adopted or                                                                    
     are  developing  statutes  and regulations  to  provide                                                                    
     rules  and conditions  for the  use  of restraints  and                                                                    
     seclusion.                                                                                                                 
                                                                                                                                
8:43:17 AM                                                                                                                    
                                                                                                                                
MR. COWAN continued reading from a prepared statement,                                                                          
which read [original punctuation provided]:                                                                                     
                                                                                                                                
     In  our own  State, we  have received  complaints about                                                                    
     students  as  young  as  3  years  old  being  held  in                                                                    
     physical restraints by school  staff or being picked up                                                                    
     and carried to rooms they  can't leave because the door                                                                    
     is locked  or someone holds  the door handle or  puts a                                                                    
     foot  or  body against  the  door.   In  some  schools,                                                                    
     utility closets have been used  that have no windows or                                                                    
     means  to monitor  the student  for safety.   In  other                                                                    
     schools make-shift  cubicles or large  box-like devices                                                                    
     have been built out of  plywood.  In yet other schools,                                                                    
     padded  mats  like  those used  in  physical  education                                                                    
     classes have  been stood up  and held by staff  as they                                                                    
     surround  a student  so that  he  or she  is unable  to                                                                    
     leave.   Frequently, these  interventions might  not be                                                                    
     viewed by  school staff as "seclusion"  because a staff                                                                    
     member  is  present.   As  a  result, even  though  the                                                                    
     student was  subjected to the same  potential risks for                                                                    
     injury  and  trauma  as  if  he  or  she  had  been  in                                                                    
     seclusion alone,  the parents would not  necessarily be                                                                    
     notified.   In these  cases, the  parents would  not be                                                                    
     alerted to  observe for possible trauma,  nor was there                                                                    
     a requirement  for school  staff to  conduct additional                                                                    
     assessments of the  behaviors, review interventions, or                                                                    
     develop   positive   behavioral   supports   with   the                                                                    
     participation  of  the  parents,  that  might  preclude                                                                    
     future  unsafe  behavior.     Given  the  language  and                                                                    
     safeguards  of  HB  210, the  above  scenario  is  less                                                                    
     likely  to   occur  and  it  would   create  consistent                                                                    
     policies and practices throughout the State.                                                                               
                                                                                                                                
8:44:42 AM                                                                                                                    
                                                                                                                                
MR. COWAN continued reading from a prepared statement, as                                                                       
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     The  current  language  of  HB  210  provides  numerous                                                                    
     protections to  those students who may  be subjected to                                                                    
     the use  of restraint or seclusion,  a large percentage                                                                    
     of  whom  experience  a  disability.    These  required                                                                    
     safeguards include notice  to parents; written reports;                                                                    
     the  use of  restraint and  seclusion only  in emergent                                                                    
     circumstances   where  other   interventions  are   not                                                                    
     successful; termination  of the restraint  or seclusion                                                                    
     as  soon as  the  unsafe behavior  has subsided;  staff                                                                    
     training of an  approved program; continuous monitoring                                                                    
     of  a  student in  seclusion;  review  and analysis  of                                                                    
     plans and  assessments following  the use  of restraint                                                                    
     and  seclusion; and  finally, annual  reporting to  the                                                                    
     State.                                                                                                                     
                                                                                                                                
8:45:17 AM                                                                                                                    
                                                                                                                                
MR. COWAN continued reading from a prepared statement, as                                                                       
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Restraint   and   seclusion  are   not   evidence-based                                                                    
     educational,   therapeutic    or   behavioral   program                                                                    
     interventions.   The use of restraint  and seclusion is                                                                    
     indicative   of  the   failure  of   other  therapeutic                                                                    
     interventions,  not success  and therefore  should only                                                                    
     be  used   in  rare  circumstance.     Under  the  best                                                                    
     circumstances,  restraint and  seclusion are  used only                                                                    
     when a student is  displaying behaviors that are unsafe                                                                    
     for  the student  or others,  or where  those behaviors                                                                    
     are   deemed   to   be  imminent,   and   where   other                                                                    
     interventions are  not or have  not been  successful in                                                                    
     ameliorating  the   behavior  that  is  unsafe.     The                                                                    
     restraint and  seclusion is terminated  as soon  as the                                                                    
     unsafe  behavior   has  stopped.     The  circumstances                                                                    
     surrounding  the unsafe  behavior, the  unsafe behavior                                                                    
     itself, and  the interventions attempted  or considered                                                                    
     are re-evaluated,  with changes  in the  student's plan                                                                    
     or additional staff training occurring as necessary.                                                                       
                                                                                                                                
     Under  the   worst  of  circumstances,   restraint  and                                                                    
     seclusion   are  used   when   less  aggressive,   less                                                                    
     restrictive interventions  may have been  successful in                                                                    
     preventing or  mitigating the  unsafe behavior  or when                                                                    
     they are  used for convenience, punishment  or to bring                                                                    
     about  compliance.    As stated  earlier,  the  use  of                                                                    
     restraint and seclusion may result  in injury or death;                                                                    
     they   may  also   result  in   creating  a   traumatic                                                                    
     experience, often to a child  whose behavior stems from                                                                    
     other traumatic experiences or a disability.                                                                               
                                                                                                                                
     HB 210  provides needed added protections  to students,                                                                    
     while ensuring  parents are consistently made  aware of                                                                    
     circumstances  that   may  be  taking   away  students'                                                                    
     opportunities  for  learning,  placing their  child  at                                                                    
     risk, and  giving parents the opportunity  to work with                                                                    
     school  staff  to  develop interventions  that  enhance                                                                    
     rather than restrict student learning.   Thank you very                                                                    
     much.                                                                                                                      
                                                                                                                                
8:46:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON noted a previous testifier suggested post                                                                 
action training.  He asked whether he has any recommendation on                                                                 
this.                                                                                                                           
                                                                                                                                
MR. COWAN answered that many of the interventions that are used                                                                 
include the debriefing aspect and is an important element in                                                                    
programs that might be reviewed by the EED.                                                                                     
                                                                                                                                
CHAIR GATTIS asked for the sponsor's comments.                                                                                  
                                                                                                                                
8:48:13 AM                                                                                                                    
                                                                                                                                
MR. GIALOPSOS, on behalf of Representative Millett,                                                                             
directed attention to page 4, lines [10-18, subsection                                                                          
(e)], which read:                                                                                                               
                                                                                                                                
     (e)   A  school  district shall  ensure  that a  review                                                                    
     process is established and  conducted for each incident                                                                    
     that  involves restraint  or  seclusion  of a  student.                                                                    
     The review must include                                                                                                    
                                                                                                                                
          (1) staff review of the incident;                                                                                     
          (2) follow-up communication with the student and                                                                      
          the student's parent or legal guardian;                                                                               
          (3)  review of  and recommendations  for adjusting                                                                    
          or      amending      procedures,      strategies,                                                                    
          accommodations,  individualized  education  plans,                                                                    
          or   other   student   behavior  plans,   or   for                                                                    
          additional staff training.                                                                                            
                                                                                                                                
8:49:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER asked whether the post-incident review                                                                   
could result in no additional recommendations.                                                                                  
                                                                                                                                
MR. GIALOPSOS deferred to the Disability Law Center of Alaska                                                                   
for comment.                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER said  he  couldn't conceive  of a  system                                                               
that would  require additional changes  for the sake  of obliging                                                               
the statutory directional changes.                                                                                              
                                                                                                                                
8:50:17 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  referred to page 4, line  13 of Version                                                               
T, which requires staff review of  the incident.  She offered her                                                               
belief that  should happen fairly  soon after the  incident since                                                               
it also benefits staff.                                                                                                         
                                                                                                                                
MR.  GIALOPSOS did  not believe  the sponsor  would object  to an                                                               
amendment to  include an expeditious  staff review so long  as it                                                               
doesn't impede the function of the school.                                                                                      
                                                                                                                                
CHAIR GATTIS agreed.                                                                                                            
                                                                                                                                
8:51:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SADDLER moved to  adopt Conceptual Amendment 1, on                                                               
page  4,   line  11,  after   "conducted"  insert  "as   soon  as                                                               
practicable after" and delete "for".                                                                                            
                                                                                                                                
REPRESENTATIVE P. WILSON objected for discussion purposes.                                                                      
                                                                                                                                
REPRESENTATIVE P. WILSON suggested  Conceptual Amendment 1 should                                                               
be  on  line 13,  which  read,  "staff  review of  the  incident;                                                               
perhaps adding "as soon as possible."                                                                                           
                                                                                                                                
REPRESENTATIVE SADDLER  asked to  change Conceptual  Amendment 1,                                                               
on page 4, line 12 of  Version T, after, "review" add, "must take                                                               
place as soon as practicable after the incident, and ...."                                                                      
                                                                                                                                
REPRESENTATIVE P. WILSON  removed her objection.   There being no                                                               
further objection, Conceptual Amendment 1 was adopted.                                                                          
                                                                                                                                
REPRESENTATIVE  SADDLER, upon  request read  Conceptual Amendment                                                               
1, which read, "on page 4,  line 12 of Version T, after, "review"                                                               
add, "must take place as  soon as practicable after the incident,                                                               
and ....""                                                                                                                      
                                                                                                                                
8:54:15 AM                                                                                                                    
                                                                                                                                
CASSIE  WELLS, Director,  Student Services,  North Slope  Borough                                                               
School District (NSBSD); President,  Council of Administrators of                                                               
Special Education,  offered support  for HB  210.   She supported                                                               
the testimony  given by Ms.  Hope, MSBSD and Mr.  Holland, KPBSD.                                                               
She  also  supported  crisis intervention  and  de-escalation  as                                                               
proactive and preventative.   Although the NSBSD  does not employ                                                               
Mandt  [System,   Inc.],  the   district  does  use   the  Crisis                                                               
Prevention Institute  (CPI) training,  although not all  staff is                                                               
currently  trained to  use CPI  the  district is  moving in  that                                                               
direction.                                                                                                                      
                                                                                                                                
8:55:18 AM                                                                                                                    
                                                                                                                                
CHAIR GATTIS  asked for  comments on  the language  the committee                                                               
adopted in Conceptual Amendment 1, with respect to debriefing.                                                                  
                                                                                                                                
MS.  WELLS answered  that she  thought it  was appropriate.   She                                                               
agreed it  was important to  have staff review their  actions for                                                               
compliance.                                                                                                                     
                                                                                                                                
8:56:01 AM                                                                                                                    
                                                                                                                                
CHAIR  GATTIS, after  first  determining no  one  else wished  to                                                               
testify, closed public testimony on HB 210.                                                                                     
                                                                                                                                
8:56:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON acknowledged that  there may only be two                                                               
teachers  in a  school and  the need  to have  both trained.   Of                                                               
course,  every teacher  should  have training  and  this type  of                                                               
training should be  incorporated as part of  teacher education in                                                               
the University of Alaska system, she said.                                                                                      
                                                                                                                                
CHAIR GATTIS agreed.                                                                                                            
                                                                                                                                
8:58:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  pointed  out the  fiscal  note  indicates                                                               
$7,000 per year for approving  crisis intervention programs, such                                                               
as  Mandt  Systems,   Inc.  and  CPI.    He   asked  for  further                                                               
clarification on  the number of  programs that would  be approved                                                               
and  whether   the  commissioner  envisioned  this   would  be  a                                                               
continual process.                                                                                                              
                                                                                                                                
MIKE  HANLEY, Commissioner,  Department  of  Education and  Early                                                               
Development (EED), said it is  an evolving situation; however, he                                                               
anticipated an annual review will  occur to evaluate the programs                                                               
being implemented and to ensure  that the current program is used                                                               
and the districts are not using outdated programs.                                                                              
                                                                                                                                
REPRESENTATIVE SEATON noted the first  section of the fiscal note                                                               
indicates  data collection  but  not  analysis by  the  EED.   He                                                               
expressed concern the data will not be used.                                                                                    
                                                                                                                                
COMMISSIONER  HANLEY answered  that thus  far the  data has  been                                                               
collected.    He related  that  this  would address  a  perceived                                                               
shortcoming  and data  will be  accessible and  available in  one                                                               
place.  The department will know  how many incidents occur in the                                                               
state  and  can  provide  information   to  the  public,  without                                                               
providing student information.                                                                                                  
                                                                                                                                
9:01:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  suggested that  the department  should                                                               
develop a standard  form to be submitted to the  department.  The                                                               
EMT does  something similar,  and she  touted the  uniformity for                                                               
collection  of this  information.   Otherwise schools  may submit                                                               
information on an independent basis.                                                                                            
                                                                                                                                
COMMISSIONER  HANLEY  clarified  that  the  department  will  not                                                               
analyze or  review the data, but  will organize it.   The sponsor                                                               
has made it clear that analysis  is not part of the statute, thus                                                               
the low fiscal note.                                                                                                            
                                                                                                                                
9:04:15 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER commented  that  he is  pleased with  the                                                               
small fiscal note.                                                                                                              
                                                                                                                                
REPRESENTATIVE P.  WILSON maintained her concern  that organizing                                                               
data  alone  would not  satisfy  the  need  and  the need  for  a                                                               
standardized form.                                                                                                              
                                                                                                                                
CHAIR  GATTIS acknowledged  that often  information is  organized                                                               
and put in a pile.  She suggested that is a bigger question.                                                                    
                                                                                                                                
9:05:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON referred  to page  2 of  the fiscal  note.                                                               
The last sentence  of the narrative on paragraph  (1) reads, "The                                                               
design of a data collection  notebook and technical assistance to                                                               
support  districts in  completing the  data collection  yearly at                                                               
$7.0."  He  asked whether this should include that  the data will                                                               
be collected on a form  acceptable to the department.  Otherwise,                                                               
it could become an effort.                                                                                                      
                                                                                                                                
9:06:01 AM                                                                                                                    
                                                                                                                                
COMMISSIONER HANLEY answered that  this addresses data collection                                                               
and  speaks to  Representative  Wilson's concern  about having  a                                                               
uniform method for collecting the data.                                                                                         
                                                                                                                                
REPRESENTATIVE  KITO  III  added   that  in  his  experience  the                                                               
department collected data on asbestos  surveys done on facilities                                                               
and organized it.  This  information was not collated or reported                                                               
but was available for districts to review.                                                                                      
                                                                                                                                
9:07:42 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked  to clarify the fiscal  note with the                                                               
bill.  He  suggested a possible amendment, on page  4, line 9, to                                                               
include the language, "on a form acceptable to the department."                                                                 
                                                                                                                                
MR.  GIALOPSOS said  that would  clarify the  department's intent                                                               
and the sponsor  would be very open to a  conceptual amendment to                                                               
that effect.                                                                                                                    
                                                                                                                                
9:08:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  moved to adopt Conceptual  Amendment 2, on                                                               
page 4,  line 9, after  "taken" to add  the language, "on  a form                                                               
acceptable to the department."                                                                                                  
                                                                                                                                
REPRESENTATIVE P.  WILSON objected for discussion  purposes.  She                                                               
directed  attention to  page 3,  line 29,  subsection (d),  which                                                               
read, "School personnel  who restrain or seclude  a student shall                                                               
provide  a  written   report  of  the  incident   to  the  school                                                               
administrator."                                                                                                                 
                                                                                                                                
CHAIR GATTIS cautioned against constraining the department.                                                                     
                                                                                                                                
COMMISSIONER HANLEY suggested  in page 4, line 19  refers to each                                                               
school  district reporting  to the  department and  may meet  the                                                               
intent.                                                                                                                         
                                                                                                                                
9:10:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON withdrew Conceptual  Amendment 2.  He moved                                                               
to adopt  Conceptual Amendment 3,  on page 4, line  19, following                                                               
"report" to insert "on a form acceptable".                                                                                      
                                                                                                                                
CHAIR GATTIS agreed.                                                                                                            
                                                                                                                                
REPRESENTATIVE P. WILSON  removed her objection.   There being no                                                               
further objection, Conceptual Amendment 3 was adopted.                                                                          
                                                                                                                                
REPRESENTATIVE  SADDLER  thanked the  sponsor  for  the bill  and                                                               
suggested that the testimony that  has been received in committee                                                               
will  be  well served  by  the  implementation  of this  type  of                                                               
policy.   He  has had  personal experience  with his  son and  he                                                               
believed  that  everyone could  have  benefited  from this.    He                                                               
thanked the sponsor for bringing this forward.                                                                                  
                                                                                                                                
9:12:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SADDLER moved  to report  the proposed  committee                                                               
substitute  (CS)  for HB  210,  Version  T, labeled  28-LS0852\T,                                                               
Mischel, 2/25/14,  as amended, out  of committee  with individual                                                               
recommendations and  the accompanying  fiscal note.   There being                                                               
no  objection,   CSHB  210(EDC)  was  reported   from  the  House                                                               
Education Standing Committee.                                                                                                   

Document Name Date/Time Subjects
HB0318A.pdf HEDC 3/17/2014 8:00:00 AM
HB 318
HB 318 Sponsor Statement.pdf HEDC 3/17/2014 8:00:00 AM
HB 318
HB318-Fiscal Note.pdf HEDC 3/17/2014 8:00:00 AM
HB 318
HB 318 DOD White Paper.pdf HEDC 3/17/2014 8:00:00 AM
HB 318
HB 318 MCEC Brochure.pdf HEDC 3/17/2014 8:00:00 AM
HB 318
CSHB210-T Version.pdf HEDC 3/17/2014 8:00:00 AM
HB 210
CSHB210 T Version-Sectional Summary.pdf HEDC 3/17/2014 8:00:00 AM
HB 210
CSHB 210 T Version-Explanation of Changes.pdf HEDC 3/17/2014 8:00:00 AM
HB 210
HB210 - Cowan testimony.pdf HEDC 3/17/2014 8:00:00 AM
HB 210