Legislature(2013 - 2014)CAPITOL 106
03/28/2014 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB233 | |
| HB93 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 233 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 93 | TELECONFERENCED | |
HB 233-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
8:03:08 AM
CHAIR GATTIS announced that the first order of business would be
HOUSE BILL NO. 233, "An Act relating to sexual abuse and sexual
assault awareness and prevention efforts in public schools."
8:03:41 AM
REPRESENTATIVE GERAN TARR, Alaska State Legislature, as a joint
prime sponsor of HB 233, stated this bill is a measure to
address child abuse prevention in Alaska. She relayed that a
constituent raised Erin's Law so she researched child sexual
abuse in Alaska. She reported that she reviewed Office of
Children Services (OCS) and the Legislative Research Services,
Alaska State Legislature, report dated February 17, 2014, in
members' packets, reported that of the 2,296 total allegations
involving [1,817] alleged child victims, over 40 percent were
Alaska Native children. Those figures were alarming to her and
she wanted to take action. She discovered that [1,817] victims
represents four times the number of students attending a Homer
high school, or three times more than those attending a Juneau
high school, or more than the total number attending Bartlett
High School in Anchorage. She said the figures gave her a
different perspective on the number of children affected by
sexual child abuse in Alaska. She cited national statistics,
relating that one in four girls and one in six boys will be
sexually assaulted before the ages of 18, but only one in ten
will report to adults. This illustrates why this is a silent
epidemic and how conducting a program such as this one to
empower children to have a voice and speak up can be effective
and could prevent the next generation of children from being
abused.
REPRESENTATIVE TARR related that after introducing this bill she
has heard from Alaskans all over the state describing sexual
abuse that has affected their families and their communities.
She related a scenario to illustrate the prevalence is much
higher in some smaller communities.
REPRESENTATIVE TARR said this bill would mandate teaching age
appropriate child sexual prevention curriculum to students in
all public schools. She described specific language that could
help children identify threats that perpetrators make to young
children. She offered her belief that this program could
empower those children and add training to the mandatory
training teachers currently have to recognize signs,
appropriately intervene, and report suspected sexual abuse to
keep children safe.
8:08:21 AM
ERIN MERRYN, Erin's Law [Namesake], stated she is traveling to
states in hopes of passing Erin's Law. She described child
sexual abuse as the silent epidemic without visible scars. One
in four girls and one in six boys will be sexually abused in
today's society by the age of 18. Her personal experience began
with the first sleep over as a six-year-old and being abused by
her friend's uncle. She said that secrecy surrounds the issue
and the perpetrator will continue and control the victim with
threats of injury. The abuse manifested itself by her acting
out in school. She did not learn about safe and unsafe touch
and safe and unsafe secrets in school.
8:10:39 AM
MS. MERRYN continued to say that she had no language to expose
the activity that was being imposed on her throughout her
childhood. Although "Stranger Danger" was taught in the
classroom and provided to parents for instructing their
children, 90 percent of the time sexual abuse occurs by someone
the child knows and trusts. When her older cousin began to
abuse her as a preteen and through her early teen years, she
kept silent due to threats that this would destroy the family
and no one would believe her. She continued to be instructed on
safety techniques, but not for sexual abuse. Her behavior
problems were evident in school but were not being addressed on
a level beyond discipline and an IEP. She read from her diary a
passage that caused her to begin the crusade she is on today, as
follows:
I sobbed the whole way home. Over and over in my head
I thought about what just happened. In school, a guy
called "Officer Friendly" teaches us about strangers.
Never answered the door when my parents [were] gone.
I thought people, like Brian, jumped out of bushes and
attacked you at night. They don't teach you in school
about your own family.
MS. MERRYN related a story to illustrate perpetrators will
victimize as many kids as they can, noting the average sex
offender has 114 victims. She said 3 of 42 million survivors of
sexual abuse in America alone are children. She asked to put a
face and name to the silent epidemic by testifying and giving
children the voice she didn't have as a child.
8:16:01 AM
MS. MERRYN emphasized the importance to provide a voice to
children who are sexually abused. She found her voice when she
discovered her younger sister was also being sexually abused by
the same family member. She reported that Tennessee was the
12th state to pass this law. She maintained it is an epidemic
that will not end until sexual assault is addressed on a level
to empower children to speak out. She indicated that the
schools have an effective network of salaried positions that can
teach children to speak out. In Illinois, social workers and
psychologists have been going to classrooms to teach students.
Reports indicate that children are beginning to report abuse and
have referred to Erin's Law as giving them the courage to report
incidents. She urged members to support HB 233. She also said
that the governor has offered his support.
8:20:11 AM
REPRESENTATIVE P. WILSON commented that as a school nurse in
North Caroline she has experienced the difficulty in dealing
with this type of situation. She asked whether she obtained
counseling.
MS. MERRYN answered yes; counseling is important and a less
destructive path can be taken.
8:21:50 AM
SUSAN MCCAULEY, Director, Teaching and Learning Support,
Department of Education and Early Development (EED), mentioned
that regulation requirements are in place for annual training
for staff regarding sexual assault and abuse reporting; however,
language does not stipulate teaching children what is
appropriate. She commented that some broad language regarding
"safe touch" exists, but not to the degree that this bill
addresses.
8:22:42 AM
CHAIR GATTIS asked for an opinion on the bill.
MS. MCCAULEY, regarding the well-established statistics, related
that the problem of sexual abuse of children is recognized as a
serious problem. The department supports measures that help
ensure that students are safe. The department has language in
regulation that is consistent with this bill regarding local
control over the development of curricula. The bill does not
prescribe a specific curriculum although it mentions the
language "age appropriate" and would prescribe to districts,
consistent with department regulation, the responsibility for
development of the curriculum at the local level.
8:23:43 AM
REPRESENTATIVE P. WILSON expressed concern that smaller schools
in the rural locations may not have enough staff. She suggested
the department might consider providing additional training,
perhaps web-based training to ensure the rural schools have
access to the sexual assault training.
REPRESENTATIVE LEDOUX asked for further clarification, noting
she assumed that the department supports HB 233.
MS. MCCAULEY responded that the department supports measures to
ensure safety of students in Alaska's schools. She clarified
what she means is that the established practice in Alaska
regarding curriculum development rests at the local level,
unlike other states in the country. Clearly, on page 1, line 10
of HB 233, reads, "(a) The governing body of each school
district shall ...." Thus, the approach taken in HB 233 is
consistent with the department's approach in general regarding
curriculum in Alaska. Again, the department supports measures
to ensure student safety.
8:26:16 AM
REPRESENTATIVE SEATON asked for further clarification regarding
the curriculum development and if materials are readily
available.
MS. MCCAULEY anticipated that established curricula exist, but
acknowledged that the sponsor and Ms. Merryn would be more
knowledgeable on Erin's Law.
REPRESENTATIVE P. WILSON asked to have Ms. Merryn respond.
REPRESENTATIVE SADDLER asked for further clarification on the
estimated costs involved for training and development.
MS. MCCAULEY responded that the staff training component already
exists. The department has training materials available through
an e-learning module so it appears there would not be additional
costs at the department's level to implement the bill.
REPRESENTATIVE SADDLER asked about associated costs for staff
time.
MS. MCCAULEY, from the department's perspective, answered that
she did not anticipate any costs.
8:28:18 AM
REPRESENTATIVE LEDOUX understood the administration supports
measures like this, but said she is seeking a "yes" or "no" on
whether the department supports HB 233.
MS. MCCAULEY answered yes; the administration supports HB 233.
8:29:06 AM
REPRESENTATIVE P. WILSON asked whether any curriculum exists
that could easily be adopted by the districts throughout Alaska.
MS. MERRYN answered yes; noting that many models are available
on Erin's website, [http://www.erinmerryn.net/prevention-
programs.html]. She stressed that many recognized programs
exist, noting that the Anchorage district has materials since
the district has had programs in existence for 15 years. She
mentioned other programs including ones in Canada, New Jersey,
and Washington State.
8:30:26 AM
REPRESENTATIVE KITO III mentioned an amendment to the bill would
establish a task force within the Department of Public Safety to
help districts identify specific curriculum for the training
programs.
8:31:17 AM
RACHEL GERNAT, speaking on behalf of herself, related she is a
former prosecutor for the state and spent most of her time in
the Matanuska-Susitna valley, but also worked in Kotzebue,
Glennallen, Cordova, Valdez, and Anchorage. She currently owns
a business related to training in the area of sexual assault and
domestic violence. She stated support for HB 233 and recounted
some of her experience as a prosecutor for the state, handling
child sexual abuse. She said a child never reports the first
abuse and most of the cases she worked on related to long-term
sexual abuse that occurred in the home or a home the family
frequented. Often children thought they told an adult, and it
may have been hinted at, but the children often felt that adults
did not believe them. Many of the victims have maintained
contact with her as adults and some have disclosed more
information that has allowed her to learn about the nuances of
child sexual assault. Further, through her work in classrooms
she has found that if children had a means for reporting it can
only help. It is important for teachers to be able to recognize
the symptoms, as well, and be trained and supported in the
effort. She stated support for HB 233.
8:35:51 AM
TREVOR STORRS, State Director, Alaska Children's Trust, stated
that the Alaska Children's Trust is the lead statewide
organization focused on prevention of child abuse and neglect.
For nearly two decades, the organization has been striving to
ensure all Alaskan children are raised in safe and secure in
their communities. He read from prepared notes, as follows:
Children are one of the greatest resources in Alaska.
Each year, nearly 12,000 babies are born in Alaska -
approximately 25 [percent] of Alaska's population is
under the age of 18. Unfortunately, not all of these
children live in a safe, supportive and nurturing
environment.
8:36:38 AM
Alaska has one of the highest rates of child abuse and
neglect in the nation. In 2012, the Office of
Children Services completed over 10,000 initial
assessments of children. It is estimated that 65
percent of infants and toddlers in Alaska have at
least one risk factor known to increase the chance of
poor health, school, and developmental outcomes.
Nearly 30 percent of the children maltreated are under
the age of three and 37 percent of children entering
foster care are also under the age of three. This is
a sign that we have an epidemic in our state and the
Adverse Childhood Experiences Study shows children who
experience trauma like child abuse and neglect have a
greater risk of experiencing some of the social,
behavioral, and physical ills that plague our
communities like obesity, diabetes, domestic violence,
substance abuse, not graduating from high school, or
entering the correctional systems - many issues we've
all been struggling with.
We know that Alaska's in the top five in the nation
for many of these health issues. Erin's law is one
step closer to helping us achieve two critical
components to ensure all of Alaska's children are
safe. One, reduce trauma and build resiliency. This
year that silence that Erin was talking about was
definitely broken here in Alaska. Children at the
elder and youth conference at AFN [Alaska Federation
of Natives] spoke out about the abuse they were
experiencing in their village, Tanana, including
sexual abuse. They had state troopers follow in with
them to ensure that the audience family members, other
leaders of their community did not storm the stage and
[to] ensure their safety.
One child was even told, "Don't bother coming home if
you speak out against your family." In their honor,
let's look and pass this law. If they can break the
silence so can you, so can we. We support Erin's Law.
We specifically support the task force being adopted
and as a funding agent we would consider looking at a
proposal to assist with that task force in the sense
of cost. No dollar amount can be determined and it
needs to go before the board of directors, but we
would strongly encourage an application for such
support.
The reason we support the task force is there are
curricula[a] that are out there that are outdated and
are actually no longer good, i.e., Safe Touch doesn't
always teach everything that the children need to know
so to ensure that this law is not just something on
the books and people just do something to meet that
requirement, that they truly take it for what it is,
of changing the culture within their system and
ensuring the safety of the children, the task force is
critical. I thank you all for hearing my testimony,
but most importantly for listening to Erin today. It
is unfortunate that we don't have an Alaskan sitting
before you to share [his/her] experiences and we have
many, many Alaskans that could share that story but
are scared to still break that silence. Help us today
to shatter that silence.
8:40:41 AM
REPRESENTATIVE REINBOLD asked to focus on the perpetrator. She
offered her belief there needs to be serious consequences for
the perpetrator. She asked what kind of message the legislature
could put forward to criminalize this behavior and not make
Alaska a safe haven for these individuals.
MS. GERNAT responded that in March 2006, the legislature passed
legislation establishing higher penalties for sex offenders. In
that way the momentum is moving forward. Until a conviction
occurs, bail is often granted to a third-party person who is
supposed to watch the person 24 hours a day, but the perpetrator
is back in the community in which the victim lives. She
advocated for changes to this practice and to increase awareness
in communities, which could provide support for victims.
8:43:56 AM
REPRESENTATIVE REINBOLD asked her to pass on any suggestions to
close legal loopholes.
CHAIR GATTIS asked her to pass on any suggestions to her office
for dissemination to the committee.
8:44:53 AM
MIKE COONS stated support for HB 233, speaking as a retired
paramedic, recalled incidents as a paramedic in Ohio, including
poor treatment from health and social services. He stressed how
difficult it is for children to overcome the trauma and also the
difficulty in rehabilitating the perpetrators. Many of the
perpetrators are pedophiles who victimize many children. He
said he was sad to hear the department need to be questioned
several times before the testifier would offer support for HB
233. He offered strong support for HB 233.
8:48:02 AM
MATTHEW HIRSHFIELD, M.D.; Pediatrician, All Alaska Pediatric
Partnership (AAPP), stated that his group is one of the major
organizations that represent health care professionals and
health care organizations focusing on children's issues. The
AAPP fully supports HB 233 and the amendment to help people get
trained to provide age appropriate awareness of sexual touch.
He related that his group is focused on the first 1,000 days of
life. One thing the AAPP has been looking at is teaching
resiliency and trying to minimize trauma in this age group and
nothing introduces trauma to kids like sexual abuse - it is a
life-long issue. He found Erin's testimony compelling. As a
pediatrician, he sees lots of kids who have been abused and the
life-long health issues that result from it. The AAPP fully
supports this bill and the amendment. He appreciated the
opportunity to testify.
8:49:51 AM
VIVIAN BENSON, Women in Safe Homes, stated support for HB 233
and deferred to Diane Gubatayao.
8:50:24 AM
DIANE GUBATAYAO, Women in Safe Homes (WISH), stated the WISH
operates the emergency shelter in Ketchikan for victims and
survivors of domestic violence and sexual assault. She said
that WISH highly supports HB 233. She provided a local story to
underscore the need for this measure, the need to give children
a voice.
8:51:55 AM
RON FUHRER, President, NEA-Alaska, stated support for HB 233,
paraphrasing from a prepared statement, which read [original
punctuation provided]:
On behalf of NEA-Alaska's 13,000 teachers and
education support professionals, as well as Alaska's
130,000 public school students, I am voicing support
for HB 233, "Erin's Law."
As education professionals, student safety is of the
highest concern. From the moment students step onto
the school bus in the morning until the time they
finish their extracurricular activities in the
evening, Alaska's most precious and valuable resources
is in our care. It is our job to make sure their
learning environment is safe, and to prepare them to
protect themselves in the wider world.
Sexual assault and abuse prevention and awareness
programs are a key component of keeping Alaska's
children safe. Such programs allow Alaskan educators
to recognize the signs of such violence more quickly,
and provide an immediate and direct route of aid for
students. It is important that every Alaskan child
knows that he or she can speak out to find safety from
sexual assault and abuse.
As educators, our students' safety always comes first.
We wholeheartedly urge the passage of HB 233, which
would mandate sexual assault and abuse awareness and
prevention in Alaska's schools. Thank you to
[Representative] Lynn Gattis and the House Education
Committee for taking the time to address this most
important issue.
8:53:59 AM
CAREN ROBINSON, Lobbyist, Alaska Woman's Lobby, stated support
for HB 233, read from a prepared statement, as follows:
The mission of the lobby is to defend and advance the
rights and needs of women, children, and families in
Alaska. We strongly support preventing sexual and
domestic violence against children. Many of the
Lobby's Steering Committee members are grandmothers
today, but were young women in the 70s and 80s and
helped design some of the early programs used in our
schools today.
Many of us were also victims. We appreciate the
efforts of Representative Tarr to assure that all
children benefit from these prevention efforts.
Today with the support of Governor Parnell, the
Council on Domestic Violence and Sexual Assault
(DV&SA), and most important with the leadership of
Lauree Morton, you have a vibrant council and
competent staff to help carry out this policy. I'm
sure most of you know it is their statutory authority.
Their leadership has already advanced prevention
efforts. Important programs like "Alaska Men Choose
Respect," "Stand up, Speak Up," and the "Alaska Fourth
R." This should obviously give you some comfort.
I think most of us share the same vision when it comes
to domestic violence and sexual assault and that
vision [has been] stopping it. We've come a long way,
but it's taken a long time and we have a long way to
go.
Alaska from the start was unique. We insisted that a
new statewide Council on Domestic Violence and Sexual
Assault be under the Department of Public Safety.
This put Alaska years ahead of the nation in
recognizing that women and children victims are not
sick and in need of mental health treatment. They are
victims, needing medical assistance and police
support, just like any other crime victim. We
recognized that stopping domestic and sexual violence
begins with education.
8:56:02 AM
MS. ROBINSON continued reading from a prepared statement, as
follows:
Many communities from across the state continue to
lead the nation by offering comprehensive services in
our schools, educating parents, teachers, and kids
with a K-12 curriculum. For example, as I understand
it, we have strong programs in Bethel, Kenai,
Anchorage, Fairbanks, and Juneau. But we must do
more. There is a glaring need for additional
statewide education, identification, and treatment
services for children experiencing problems with
domestic violence and abuse in their families.
School prevention programs are necessary to effect a
major change in the next generation's attitudes and to
give information to the many children who are
experiencing or witnessing physical or sexual abuse.
In the beginning, the number of children who came
forward after hearing the presentation was
overwhelming. But we weren't prepared for who would
be amongst the perpetrators: directors of youth
programs, an assistant attorney general who helped
rewrite child abuse laws, the president of a school
board, ministers, fathers, brothers, and other family
members and friends, and a lead sexual assault
investigator in Juneau. At that point we didn't have
the great law we have today regarding the statute of
limitations. The person was let off "scot-free"
because it wasn't in place and [previously] was within
five years.
8:57:29 AM
MS. ROBINSON said that there is no longer any statute of
limitations due to the legislature, the governor, and others.
Further, due to all the work in the past 30 years, physicians
routinely ask children if they are safe at home, teachers are
required to report suspected abuses, many children learn early
on about the difference between good touch and bad touch,
reports of domestic violence result in arrest, offenders are
locked up, shelters exist throughout Alaska and the nation, and
women are still telling their stories. The governor, the
legislature, law enforcement, schools, and health providers have
responded. Victims in this state are really no longer alone.
However, it's time for passage of HB 233 to fill the gaps and
make sure all our children, no matter what school they attend,
get this important information that could change their lives
forever.
8:58:27 AM
MS. ROBINSON held up two publications as examples of curriculum
that the state has developed, "Preventing Sexual Abuse of
Children - A Curriculum for K-6 and 7-12 Grades by Marcia K.
Morgan, Council on Domestic Violence and Sexual Assault, Juneau,
Alaska" (No Date) and "The Youth Education Treatment Network,
Juneau, Alaska." She thanked Bruce Johnson, who was the
superintendent of the Juneau School District in the 1980s who
had the vision to develop the youth network curriculum using a
three-pronged approach by educating the teachers, parents, and
talking to all the kids in the schools. Over 80 cases were
reported in two years. The investigator was also the
perpetrator. She remains haunted by the experience, noting
several committed suicide, some ended up in jail, and others in
alcohol treatment programs. She hoped that the pattern could be
changed and asked members to support Erin's Law and HB 233.
9:00:27 AM
ALISON CURRY, Regional Field Organizer, Planned Parenthood Votes
Northwest, Planned Parenthood, stated support for HB 233,
paraphrasing from a prepared statement, which read:
As a health care provider and sex educator, we at
Planned Parenthood know that healthy sexuality
education is an integral part of violence prevention.
The more information a student or teacher has about
sexual violence, the more likely they are to identify
sexual abuse or assault when it occurs. Teachers need
the skills to recognize victims of abuse, and students
need tools of their own to evaluate potential risks
for sexual violence in their relationships.
Discussing sexuality can also make those experiencing
sexual abuse or assault feel more comfortable about
speaking up and getting help. With programmatic
training, teachers can also be better equipped to
offer their support and resources to students in need.
Additionally, we strongly believe that sexual violence
prevention efforts should take the extra step beyond
discussions of abuse and assault, and explain what
safe, consensual and respectful relationships look
like. Evidence-based curricula in this area are
essential to teaching students and educators the
differences between healthy and unhealthy sexual
behaviors.
Eradicating something as culturally pervasive as
sexual violence starts with dialogue and awareness.
[This bill] HB 233 takes a great first step by
educating both students and teachers about the warning
signs of sexual abuse and assault. I urge you all to
support this bill.
9:02:12 AM
CHAIR GATTIS closed public testimony on HB 233.
9:02:24 AM
REPRESENTATIVE SEATON offered his belief that everyone knows
this is a problem. He related when children know it's
appropriate to speak out and not be silent, the state will be on
a good path towards prevention. It could also send the message
to the community that victims won't be silent which could
further cut down on sexual abuse. He stated support for HB 233.
CHAIR GATTIS remarked that some of the acting out in schools can
now be identified as a possible symptom. She pointed out that
this goes hand in hand with the "Choose Respect" that is
currently being celebrated in Alaska.
REPRESENTATIVE P. WILSON expressed excitement that this may be a
means for helping Alaska be a leader.
REPRESENTATIVE LEDOUX expressed support for HB 233. She said
this is important. She agreed that children are not taught how
to handle the situation and that abuse may often come from
family or friends.
REPRESENTATIVE KITO III stated support for HB 233.
REPRESENTATIVE REINBOLD stated support for HB 233 and expressed
concern for protection to anyone who speaks out.
9:07:31 AM
REPRESENTATIVE REINBOLD moved to report HB 233 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 233 was reported from the
House Education Standing Committee.
9:07:53 AM
The committee took an at-ease from 9:07 a.m. to 9:15 a.m.