Legislature(2023 - 2024)DAVIS 106

04/26/2023 08:00 AM House EDUCATION

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 105 SEX/REPRODUCTION EDUCATION; SCHOOLS TELECONFERENCED
Moved CSHB 105(EDC) Out of Committee
+= HB 106 TEACHER RECRUITMENT; LUMP SUM PAYMENT TELECONFERENCED
Moved HB 106 Out of Committee
-- Invited & Public Testimony --
+= HB 111 EDUCATION FOR DEAF & HEARING IMPAIRED TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
           HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS                                                                       
                                                                                                                                
9:18:39 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD announced that the  final order of business would                                                               
be HOUSE BILL  NO. 105, "An Act relating to  parental rights in a                                                               
child's  education;   relating  to  access  to   school  records;                                                               
relating  to sex  education,  human  reproduction education,  and                                                               
human sexuality  education; relating  to school  disciplinary and                                                               
safety programs; and providing for an effective date."                                                                          
                                                                                                                                
9:18:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCKAY, in  response to  Co-Chair Allard,  said he                                                               
"removed" Amendment  1 [in committee  packet but never  moved for                                                               
adoption], and  "withdrew" Amendment  2 [in committee  packet but                                                               
never moved for adoption].                                                                                                      
                                                                                                                                
9:19:01 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  moved to adopt  Amendment 3 to  HB 105,                                                               
labeled 33-GH1072\A.2, Marx, 4/14/23, which read as follows:                                                                    
                                                                                                                                
     Page 1, line 2, following "records;":                                                                                    
          Insert "relating to school funding; relating to                                                                     
     charter schools; relating to state boarding schools;"                                                                    
                                                                                                                                
     Page 3, following line 21:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 5. AS 14.03.260(a) is amended to read:                                                                      
          (a)  A local school board shall provide an                                                                            
     approved charter school with  an annual program budget.                                                                    
     The budget shall be not  less than the amount generated                                                                    
     by  the students  enrolled in  the charter  school less                                                                    
     administrative  costs  retained  by  the  local  school                                                                    
     district,  determined  by  applying the  indirect  cost                                                                    
     rate  approved by  the department  up to  four percent.                                                                    
     Costs  directly related  to charter  school facilities,                                                                    
     including rent, utilities, and  maintenance, may not be                                                                    
     included in  an annual program budget  for the purposes                                                                    
     of calculating  the four percent cap  on administrative                                                                    
     costs  under  this  subsection. A  local  school  board                                                                    
     shall provide a charter  school with a report itemizing                                                                    
     the administrative  costs retained by the  local school                                                                    
     board  under this  section.  The  "amount generated  by                                                                    
     students  enrolled  in the  charter  school"  is to  be                                                                    
     determined  in the  same manner  as it  would be  for a                                                                    
     student  enrolled  in  another public  school  in  that                                                                    
     school  district   and  includes  funds   generated  by                                                                    
     grants,   appropriations,  federal   impact  aid,   the                                                                    
     required  local  contribution, the  local  contribution                                                                    
     under    AS 14.17.410(c),     special    needs    under                                                                    
     AS 14.17.420(a)(1),  [AND] secondary  school vocational                                                                    
     and  technical  instruction  under  AS 14.17.420(a)(3),                                                                
     and    parental     involvement    initiatives    under                                                                
     AS 14.17.420(a)(4).  A  school  district  shall  direct                                                                
     state aid under AS 14.11  for the construction or major                                                                    
     maintenance  of  a  charter   school  facility  to  the                                                                    
     charter school  that generated  the state  aid, subject                                                                    
     to the  same terms and  conditions that apply  to state                                                                    
     aid   under   AS 14.11   for  construction   or   major                                                                    
     maintenance of a school facility  that is not a charter                                                                    
     school.                                                                                                                    
        * Sec. 6. AS 14.17.410(b) is amended to read:                                                                         
          (b)  Public school funding consists of state aid,                                                                     
     a  required local  contribution,  and eligible  federal                                                                    
     impact aid determined as follows:                                                                                          
               (1)  state aid equals basic need minus a                                                                         
     required local contribution and  90 percent of eligible                                                                    
     federal  impact aid  for that  fiscal year;  basic need                                                                    
     equals the  sum obtained  under (D) of  this paragraph,                                                                    
     multiplied by  the base student  allocation set  out in                                                                    
     AS 14.17.470;  district adjusted  ADM is  calculated as                                                                    
     follows:                                                                                                                   
               (A)  the  ADM of each school  in the district                                                                    
     is  calculated by  applying the  school size  factor to                                                                    
     the student count as set out in AS 14.17.450;                                                                              
               (B)   the number  obtained under (A)  of this                                                                    
     paragraph  is multiplied  by the  district cost  factor                                                                    
     described in AS 14.17.460;                                                                                                 
               (C)  the  ADMs of each school  in a district,                                                                    
     as  adjusted   according  to  (A)   and  (B)   of  this                                                                    
     paragraph,  are added;  the sum  is then  multiplied by                                                                    
     the    special     needs    factor    set     out    in                                                                    
     AS 14.17.420(a)(1),   [AND]    the   secondary   school                                                                
     vocational  and  technical instruction  funding  factor                                                                    
     set  out   in  AS 14.17.420(a)(3),  and   the  parental                                                                
     involvement  initiatives  funding  factor  set  out  in                                                                
     AS 14.17.420(a)(4);                                                                                                    
               (D)    the   number  obtained  for  intensive                                                                    
     services  under   AS 14.17.420(a)(2)  and   the  number                                                                    
     obtained  for correspondence  study under  AS 14.17.430                                                                    
     are  added to  the number  obtained under  (C) of  this                                                                    
     paragraph or under (H) and (I) of this paragraph;                                                                          
               (E)    notwithstanding  (A)  -  (C)  of  this                                                                    
     paragraph,  if a  school  district's  ADM adjusted  for                                                                    
     school size  under (A) of  this paragraph  decreases by                                                                    
     five percent or  more from one fiscal year  to the next                                                                    
     fiscal  year,  the school  district  may  use the  last                                                                    
     fiscal year before  the decrease as a  base fiscal year                                                                    
     to  offset the  decrease,  according  to the  following                                                                    
     method:                                                                                                                    
               (i)   for  the first  fiscal  year after  the                                                                    
     base  fiscal year  determined under  this subparagraph,                                                                    
     the  school district's  ADM  adjusted  for school  size                                                                    
     determined under  (A) of  this paragraph  is calculated                                                                    
     as the  district's ADM adjusted  for school  size, plus                                                                    
     75  percent of  the  difference in  the district's  ADM                                                                    
     adjusted for  school size between the  base fiscal year                                                                    
     and the first fiscal year after the base fiscal year;                                                                      
               (ii)   for the second  fiscal year  after the                                                                    
     base  fiscal year  determined under  this subparagraph,                                                                    
     the  school district's  ADM  adjusted  for school  size                                                                    
     determined under  (A) of  this paragraph  is calculated                                                                    
     as the  district's ADM adjusted  for school  size, plus                                                                    
     50  percent of  the  difference in  the district's  ADM                                                                    
     adjusted for  school size between the  base fiscal year                                                                    
     and the second fiscal year after the base fiscal year;                                                                     
               (iii)  for the third fiscal year after the                                                                       
     base  fiscal year  determined under  this subparagraph,                                                                    
     the  school district's  ADM  adjusted  for school  size                                                                    
     determined under  (A) of  this paragraph  is calculated                                                                    
     as the  district's ADM adjusted  for school  size, plus                                                                    
     25  percent of  the  difference in  the district's  ADM                                                                    
     adjusted for  school size between the  base fiscal year                                                                    
     and the third fiscal year after the base fiscal year;                                                                      
               (F)  the method established in (E) of this                                                                       
     paragraph  is available  to a  school district  for the                                                                    
     three  fiscal  years  following the  base  fiscal  year                                                                    
     determined  under (E)  of this  paragraph  only if  the                                                                    
     district's  ADM  adjusted  for school  size  determined                                                                    
     under (A)  of this  paragraph for  each fiscal  year is                                                                    
     less than  the district's ADM adjusted  for school size                                                                    
     in the base fiscal year;                                                                                                   
               (G)  the method established in (E) of this                                                                       
     paragraph  does   not  apply  to  a   decrease  in  the                                                                    
     district's ADM adjusted for  school size resulting from                                                                    
     a  loss of  enrollment that  occurs  as a  result of  a                                                                    
     boundary change under AS 29;                                                                                               
               (H)  notwithstanding (A) - (C) of this                                                                           
     paragraph,   if  one   or   more   schools  close   and                                                                    
     consolidate with one or more  other schools in the same                                                                    
     community  and  district  and,   as  a  result  of  the                                                                    
     consolidation, basic  need generated by  the district's                                                                    
     ADM of  the consolidated schools as  adjusted under (A)                                                                    
     -  (C) of  this paragraph  decreases, the  district may                                                                    
     use the  last fiscal  year before the  consolidation as                                                                    
     the base  fiscal year to  offset that decrease  for the                                                                    
     first   four  fiscal   years  following   consolidation                                                                    
     according to the following method:                                                                                         
               (i)  for the first two fiscal years after                                                                        
     the  base  fiscal  year,  the  district's  ADM  of  the                                                                    
     consolidated  schools as  adjusted under  (A) -  (C) of                                                                    
     this  paragraph is  calculated by  dividing the  sum of                                                                    
     the  district's  ADM  of the  consolidated  schools  as                                                                    
     adjusted  under (A)  - (C)  of this  paragraph for  the                                                                    
     base fiscal  year by the  sum of the district's  ADM of                                                                    
     the  consolidated  schools  for the  base  fiscal  year                                                                    
     without  adjustment,   and  subtracting   the  quotient                                                                    
     obtained  by   dividing  the  district's  ADM   of  the                                                                    
     consolidated  schools for  the current  fiscal year  as                                                                    
     adjusted under (A)  - (C) of this paragraph  by the sum                                                                    
     of the  district's ADM of the  consolidated schools for                                                                    
     the   current    fiscal   year    without   adjustment,                                                                    
     multiplying that  number by the  sum of  the district's                                                                    
     ADM of the consolidated  schools for the current fiscal                                                                    
     year without adjustment, and adding  that number to the                                                                    
     sum of  the district's ADM of  the consolidated schools                                                                    
     for the  current fiscal  year as  adjusted under  (A) -                                                                    
     (C) of this paragraph;                                                                                                     
               (ii)  for the third fiscal year after the                                                                        
     base   fiscal  year,   the   district's   ADM  of   the                                                                    
     consolidated  schools as  adjusted under  (A) -  (C) of                                                                    
     this  paragraph is  calculated by  dividing the  sum of                                                                    
     the  district's  ADM  of the  consolidated  schools  as                                                                    
     adjusted  under (A)  - (C)  of this  paragraph for  the                                                                    
     base fiscal  year by the  sum of the district's  ADM of                                                                    
     the  consolidated  schools  for the  base  fiscal  year                                                                    
     without  adjustment,   and  subtracting   the  quotient                                                                    
     obtained by dividing  the sum of the  district's ADM of                                                                    
     the consolidated  schools for  the current  fiscal year                                                                    
     as adjusted  under (A) -  (C) of this paragraph  by the                                                                    
     sum of  the district's ADM of  the consolidated schools                                                                    
     for the  current fiscal  year, multiplying  that number                                                                    
     by the  sum of the  district's ADM of  the consolidated                                                                    
     schools   for   the   current   fiscal   year   without                                                                    
     adjustment, multiplying that number  by 66 percent, and                                                                    
     adding that number to the  sum of the district's ADM of                                                                    
     the consolidated  schools for  the current  fiscal year                                                                    
     as adjusted under (A) - (C) of this paragraph;                                                                             
               (iii)  for the fourth fiscal year after the                                                                      
     base   fiscal  year,   the   district's   ADM  of   the                                                                    
     consolidated  schools as  adjusted under  (A) -  (C) of                                                                    
     this  paragraph is  calculated by  dividing the  sum of                                                                    
     the  district's  ADM  of the  consolidated  schools  as                                                                    
     adjusted  under (A)  - (C)  of this  paragraph for  the                                                                    
     base fiscal  year by the  sum of the district's  ADM of                                                                    
     the  consolidated  schools  for the  base  fiscal  year                                                                    
     without  adjustment,   and  subtracting   the  quotient                                                                    
     obtained by dividing  the sum of the  district's ADM of                                                                    
     the consolidated  schools for  the current  fiscal year                                                                    
     as adjusted  under (A) -  (C) of this paragraph  by the                                                                    
     sum of  the district's ADM of  the consolidated schools                                                                    
     for the  current fiscal  year, multiplying  that number                                                                    
     by the  sum of the  district's ADM of  the consolidated                                                                    
     schools   for   the   current   fiscal   year   without                                                                    
     adjustment, multiplying that number  by 33 percent, and                                                                    
     adding that number to the  sum of the district's ADM of                                                                    
     the consolidated  schools for  the current  fiscal year                                                                    
     as adjusted under (A) - (C) of this paragraph;                                                                             
               (iv)  to calculate  the district's basic need                                                                    
     for each  fiscal year, the number  obtained through the                                                                    
     calculation   in   (i),   (ii),  or   (iii)   of   this                                                                    
     subparagraph is added to the  number obtained under (C)                                                                    
     of this paragraph for the remainder of the district;                                                                       
               (I)    if  the basic  need  calculated  under                                                                    
     (H)(i) - (iii)  of this paragraph for one  of the first                                                                    
     four fiscal years after consolidation  is less than the                                                                    
     basic  need   calculated  under  (A)  -   (C)  of  this                                                                    
     paragraph for that fiscal year,  the basic need may not                                                                    
     be  adjusted  under  (H) of  this  paragraph  for  that                                                                    
     fiscal year;                                                                                                               
               (J)   a  district may  not offset  a decrease                                                                    
     under (H) of this paragraph if                                                                                             
               (i)   a  new facility  is constructed  in the                                                                    
     district for the consolidation; or                                                                                         
               (ii)   the district  offset a  decrease under                                                                    
     (E) of this paragraph in the same fiscal year;                                                                             
               (K)    a  district that  offsets  a  decrease                                                                    
     under (H)  of this  paragraph may  not reopen  a school                                                                    
     that  was  closed  for consolidation  in  the  district                                                                    
     until                                                                                                                      
               (i)   seven or more  years have  passed since                                                                    
     the school closure; and                                                                                                    
               (ii)      the  district   provides   evidence                                                                    
     satisfactory  to   the  department  that   the  schools                                                                    
     affected by the consolidation are over capacity;                                                                           
               (L)     a   district  may   not  reopen   and                                                                    
     reconsolidate  a school  that was  consolidated in  the                                                                    
     district more than once every  seven years for purposes                                                                    
     of the calculations made under (H) of this paragraph;                                                                      
               (M)   a district offsetting a  decrease under                                                                    
     (H)  of this  paragraph  shall  provide the  department                                                                    
     with  the   list  of   schools  participating   in  the                                                                    
     consolidation and the corresponding ADM;                                                                                   
               (2)   the  required local  contribution of  a                                                                    
     city or borough school district  is the equivalent of a                                                                    
     2.65 mill  tax levy on the  full and true value  of the                                                                    
     taxable real  and personal property in  the district as                                                                    
     of January 1  of the second  preceding fiscal  year, as                                                                    
     determined  by the  Department of  Commerce, Community,                                                                    
     and   Economic  Development   under  AS 14.17.510   and                                                                    
     AS 29.45.110, not to exceed 45  percent of a district's                                                                    
     basic need for the  preceding fiscal year as determined                                                                    
     under (1) of this subsection.                                                                                              
        * Sec. 7. AS 14.17.420(a) is amended to read:                                                                         
          (a)  As a component of public school funding, a                                                                       
     district   is  eligible   for   special  needs,   [AND]                                                                
     secondary school vocational  and technical instruction,                                                                
     and  parental involvement  initiatives funding  and may                                                                
     be eligible for intensive services funding as follows:                                                                     
               (1)  special needs funding is available to a                                                                     
     district to  assist the  district in  providing special                                                                    
     education,  gifted and  talented education,  vocational                                                                    
     education,  and  bilingual  education services  to  its                                                                    
     students; a special needs funding  factor of 1.20 shall                                                                    
     be applied as set out in AS 14.17.410(b)(1);                                                                               
               (2)  in addition to the special needs                                                                            
     funding for which  a district is eligible  under (1) of                                                                    
     this subsection,  a district is eligible  for intensive                                                                    
     services  funding for  each  special education  student                                                                    
     who  needs  and  receives  intensive  services  and  is                                                                    
     enrolled on the last day  of the count period; for each                                                                    
     such student,  intensive services  funding is  equal to                                                                    
     the intensive student count multiplied by 13;                                                                              
               (3)  in addition to the special needs and                                                                        
     intensive services funding available  under (1) and (2)                                                                    
     of  this subsection,  secondary  school vocational  and                                                                    
     technical  instruction funding  is available  to assist                                                                    
     districts   in  providing   vocational  and   technical                                                                    
     instruction  to   students  who   are  enrolled   in  a                                                                    
     secondary  school; a  secondary  school vocational  and                                                                    
     technical instruction funding factor  of 1.015 shall be                                                                    
     applied  as  set  out in  AS 14.17.410(b)(1);  in  this                                                                    
     paragraph,   "vocational  and   technical  instruction"                                                                    
     excludes costs associated with                                                                                             
               (A)  administrative expenses; and                                                                                
               (B)  instruction in general literacy,                                                                            
     mathematics, and job readiness skills;                                                                                 
               (4) in addition to the special needs,                                                                        
     intensive  services,  and secondary  school  vocational                                                                
     and technical  instruction funding available  under (1)                                                                
     -   (3)  of   this  subsection,   parental  involvement                                                                
     initiatives  funding is  available to  assist districts                                                                
     in  the district's  implementation of  the requirements                                                                
     of    AS 14.03.016(a)(3),     (a)(7),    and    (a)(8),                                                                
     AS 14.03.115,    AS 14.30.361(e)     and    (f),    and                                                                
     AS 14.33.120(a)(10), including the  costs of additional                                                                
     administrative  and educational  support personnel  and                                                                
     modification of  locker rooms and  restroom facilities;                                                                
     a  parental involvement  initiatives funding  factor of                                                                
     1.005    shall   be    applied    as    set   out    in                                                                
     AS 14.17.410(b)(1).                                                                                                    
        * Sec. 8. AS 14.17.440(a) is amended to read:                                                                         
          (a)  Except as provided in AS 14.17.400(b),                                                                           
     funding  for state  boarding schools  established under                                                                    
     AS 14.16.010  includes an  allocation  from the  public                                                                    
     education fund in an amount calculated by                                                                                  
               (1)  determining the ADM of state boarding                                                                       
     schools  by  applying the  school  size  factor to  the                                                                    
     student count as described in AS 14.17.450;                                                                                
               (2)  multiplying the number obtained under                                                                       
     (1) of this  subsection by the special  needs factor in                                                                    
     AS 14.17.420(a)(1),   [AND]    the   secondary   school                                                                
     vocational  and  technical instruction  funding  factor                                                                    
     set  out   in  AS 14.17.420(a)(3),  and   the  parental                                                                
     involvement  initiatives  funding  factor  set  out  in                                                                
     AS 14.17.420(a)(4) and multiplying  that product by the                                                                
     base student allocation; and                                                                                               
               (3)  multiplying the product determined                                                                          
     under  (2)  of this  subsection  by  the district  cost                                                                    
     factor that  is applicable to calculation  of the state                                                                    
     aid   for   the    adjacent   school   district   under                                                                    
     AS 14.17.460."                                                                                                             
                                                                                                                                
     Renumber the following bill sections accordingly                                                                           
                                                                                                                                
[No audible objection was captured on the recording.]                                                                           
                                                                                                                                
9:19:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT spoke  to Amendment  3.   She said  the                                                               
amendment  provides  funding  support  for  school  districts  to                                                               
implement  the requirements  of HB  105,  as well  as a  parental                                                               
involvement initiatives  funding factor.   She said that  as much                                                               
communication  with families  this  bill will  require, it  comes                                                               
with a  cost, such as  extra staffing, and teachers  following up                                                               
on required paperwork.  She gave  brief examples of how the tasks                                                               
of  meeting requirements  can slightly  change  depending on  the                                                               
size of  the district.  She  added there would also  be increased                                                               
records requests, and if students  are opting out, those students                                                               
still  need to  be somewhere  they are  supervised.   The funding                                                               
factor,  she said,  would  cover the  one-time  capital cost  for                                                               
modifications to  buildings which  the bill  asks schools  to do.                                                               
Without this amendment and the  bill passed, [the state] would be                                                               
putting another unfunded mandate on schools.                                                                                    
                                                                                                                                
9:23:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MCCORMICK   suggested  adopting   the   proposed                                                               
committee substitute prior to discussing this amendment.                                                                        
                                                                                                                                
CO-CHAIR  ALLARD  explained  that  Amendment 3  pertains  to  the                                                               
original bill version of HB 105.                                                                                                
                                                                                                                                
9:23:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  STORY  sought   more  information  regarding  the                                                               
initiatives for  informing parents.  She  acknowledged that there                                                               
would be  an unfunded mandate  with the  bill, and all  the other                                                               
steps  that would  need  to be  taken  add to  a  huge amount  of                                                               
communication.  She  said it would be helpful to  have a parental                                                               
liaison at  schools to  help encourage  parent involvement.   She                                                               
stated she was worried about  not resourcing help for teachers as                                                               
well.                                                                                                                           
                                                                                                                                
9:25:02 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  responded  that   right  now,  in  her                                                               
experience, there  is quite a  bit of communication  that happens                                                               
between classroom teachers and parents.   Finding time outside of                                                               
the normal  school day, she said,  to reach out to  parents takes                                                               
time and money and schools should have the resources they need.                                                                 
                                                                                                                                
9:26:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY requested a roll call vote on Amendment 3.                                                                 
                                                                                                                                
9:27:08 AM                                                                                                                    
                                                                                                                                
A roll  call vote was  taken.  Representatives  Himschoot, Story,                                                               
Prax, and  McCormick voted  in favor  of Amendment  3 to  HB 105.                                                               
Representatives Allard,  McKay, and  Ruffridge voted  against it.                                                               
Therefore, Amendment 3 was adopted by a vote of 4-3.                                                                            
                                                                                                                                
9:28:01 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:28 a.m.                                                                                 
                                                                                                                                
9:28:06 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  ALLARD withdrew  Amendment 4  [in committee  packet but                                                               
never moved for adoption].                                                                                                      
                                                                                                                                
9:28:40 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  RUFFRIDGE   moved  to  adopt  the   proposed  Committee                                                               
Substitute (CS)  for HB 105, Version  B, also referred to  as 33-                                                               
GH1072\B  Marx  4/15/23  as  the   work  draft.  There  being  no                                                               
objection, Version B was before the committee.                                                                                  
                                                                                                                                
9:29:01 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:29 a.m. to 9:42 a.m.                                                                       
                                                                                                                                
9:42:46 AM                                                                                                                    
                                                                                                                                
CO-CHAIR  ALLARD [returned  to  discussion of  the original  bill                                                               
version of HB 105].                                                                                                             
                                                                                                                                
REPRESENTATIVE RUFFRIDGE,  in response to Co-Chair  Allard, moved                                                               
to rescind action in adopting Amendment [3] to HB 105.                                                                          
                                                                                                                                
9:43:36 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  restated  his   motion  to  adopt  the                                                               
proposed committee substitute (CS) for HB 105.                                                                                  
                                                                                                                                
9:43:57 AM                                                                                                                    
                                                                                                                                
CO-CHAIR ALLARD  noted that  there had been  no objection  to the                                                               
motion to  rescind the committee's  action in  adopting Amendment                                                               
[3].                                                                                                                            
                                                                                                                                
CO-CHAIR  ALLARD announced  there being  no objection,  Version B                                                               
was adopted.                                                                                                                    
                                                                                                                                
9:44:33 AM                                                                                                                    
                                                                                                                                
The committee  took two  consecutive at-eases  from 9:44  a.m. to                                                               
9:45 a.m.                                                                                                                       
                                                                                                                                
9:45:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  spoke on the changes  made in committee                                                               
substitute  for HB  105,  Version  B.   He  said  the bill  would                                                               
require  that parents  receive notification  for all  activities,                                                               
classes, or  programs that a  child is  involved in at  least two                                                               
weeks  in advance.    He added  that it  would  allow parents  to                                                               
choose what their  child participates in.  The  parent would also                                                               
provide the school  with names, nicknames, and  pronouns that the                                                               
school shall use for identification and records.                                                                                
                                                                                                                                
9:46:57 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HIMSCHOOT  moved to  adopt Conceptual  Amendment 1                                                               
to HB 105, Version B.                                                                                                           
                                                                                                                                
9:47:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE objected for the purpose of discussion.                                                                
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT  explained  that  the  costs  had  been                                                               
researched with her  staff, and there is no fiscal  note now, but                                                               
it  would  be  approximately  $6  million.   She  added  to  give                                                               
Legislative  Legal  Services  permission to  make  any  necessary                                                               
conforming changes  to Amendment 1 [which  was originally drafted                                                               
for the original bill version].                                                                                                 
                                                                                                                                
9:48:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE maintained his objection.                                                                              
                                                                                                                                
9:48:27 AM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was taken.    Representatives  Story,  Prax,                                                               
McCormick, and  Himschoot voted in  favor of the motion  to adopt                                                               
Conceptual Amendment  1 to  HB 105,  Version B.   Representatives                                                               
Ruffridge,  McKay,  and  Allard  voted against  it.    Therefore,                                                               
Conceptual Amendment  1 to HB  105, Version  B, was adopted  by a                                                               
vote of 4-3.                                                                                                                    
                                                                                                                                
9:49:26 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:49 a.m.                                                                                 
                                                                                                                                
9:50:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCORMICK questioned what  sort of protections may                                                               
remain in  place for students who  might be from an  abusive home                                                               
and a student  could potentially end up in  a dangerous situation                                                               
when they are forced to share certain information.                                                                              
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE explained  that  there are  protections                                                               
already in place  for teachers, and teachers  are still mandatory                                                               
reporters if such a situation would arise.                                                                                      
                                                                                                                                
REPRESENTATIVE  MCCORMICK   asked  Representative   Ruffridge  to                                                               
clarify a "return."                                                                                                             
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE explained  that  through testimony  and                                                               
conversations regarding HB  105, teachers were found to  be not a                                                               
neutral  third party  and found  themselves  uncomfortable.   The                                                               
teachers,  he said,  may have  information they  are not  certain                                                               
what to do with and the Version B clarifies that.                                                                               
                                                                                                                                
9:53:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  moved to  report CSHB 105,  Version 33-                                                               
GH1072\B,  Marx,  4/15/23,  as  amended, out  of  committee  with                                                               
individual recommendations and the accompanying fiscal notes.                                                                   
                                                                                                                                
9:53:39 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIMSCHOOT objected  and spoke  to her  objection.                                                               
She paraphrased  a previous testifier  who stated that  there may                                                               
be some poor parenting, but so  does her profession as a teacher.                                                               
She added  that she thought the  bill was "using a  butcher knife                                                               
where a scalpel would do."   The bill, she said, takes focus away                                                               
from things that should be done,  such as supporting schools in a                                                               
predictable and stable way, as  well as recruiting and retaining.                                                               
She stated  that passage of the  bill would be passing  a mandate                                                               
that   feels  threatening   to  some   of  the   most  vulnerable                                                               
population.   She reiterated her  opposition to the bill  and the                                                               
committee substitute.                                                                                                           
                                                                                                                                
9:55:23 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCKAY  called the previous question  on Version B,                                                               
as amended.                                                                                                                     
                                                                                                                                
9:55:32 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:55 a.m.                                                                                 
                                                                                                                                
9:55:43 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCORMICK objected to the call to question.                                                                      
                                                                                                                                
9:56:09 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:56 a.m.                                                                                 
                                                                                                                                
9:56:53 AM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives  Ruffridge, Prax,                                                               
McKay,  and  Allard voted  in  favor  of  the call  to  question.                                                               
Representatives  Himschoot, Story,  and  McCormick voted  against                                                               
it.  Therefore, the call to question was so ordered.                                                                            
                                                                                                                                
9:57:30 AM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives McKay,  Allard,                                                               
Prax, and  Ruffridge voted in  favor of HB 105.   Representatives                                                               
McCormick, Himschoot, and Story voted  against it.  Therefore, HB
105 passed  out of  the House Education  Standing Committee  by a                                                               
vote of 4-3.                                                                                                                    
                                                                                                                                
9:58:12 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:58 a.m. to 9:59 a.m.                                                                       
                                                                                                                                
9:59:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD announced  that  CSHB  105(EDC) had  moved                                                               
from  committee   with  permission  for  Legislative   Legal  and                                                               
Research Services to make conforming changes.                                                                                   
                                                                                                                                
9:59:28 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:59 a.m. to 10:04 a.m.                                                                      
                                                                                                                                
10:04:01 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCKAY  stated, "I  withdrew my previous  motion to                                                               
call the question on HB 105, committee substitute, as amended."                                                                 
                                                                                                                                
REPRESENTATIVE ALLARD stated,  "I'm going to go  back and rescind                                                               
action in  regards to what had  happened when you had  called the                                                               
question, based on  the fact that you have to  have two-thirds of                                                               
the vote.  So, I apologize, I moved a little too quickly."                                                                      
                                                                                                                                
10:04:53 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:04 a.m. to 10:06 a.m.                                                                     
                                                                                                                                
10:06:11 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  restated the  motion to move  CSHB 105,                                                               
Version 33-GH1072\B,  Marx, 4/15/23, as amended,  with individual                                                               
recommendations and the accompanying zero fiscal note.                                                                          
                                                                                                                                
10:06:39 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE STORY  objected and spoke  to her objection.   She                                                               
offered her  belief regarding the importance  of parental rights,                                                               
and that  they are key.   She added that in  current law, parents                                                               
are to be  notified of any sensitive topic two  weeks prior to it                                                               
being given  and have the  right to opt  out.  She  expressed her                                                               
concern that the bill  switches an opt out to an  opt in, and she                                                               
said  she  believed  kids  would   miss  out  on  very  important                                                               
information.     Most  parents  want   their  children   to  have                                                               
information on  the sensitive  age-appropriate topics,  she said.                                                               
She opined  that it  puts up a  barrier for  returning permission                                                               
slips and  stressed that  she would  not want  students to  be at                                                               
risk.   She stated that  youth need  an affirming adult  in their                                                               
lives to stop  self-harm, and she observed that the  bill may put                                                               
teachers in  a very awkward  place as well  as the student.   She                                                               
said [legislators] must think about  local control and violations                                                               
of a  student's rights to privacy.   The regulations in  the bill                                                               
garner much more serious thought, she said.                                                                                     
                                                                                                                                
10:11:37 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  MCCORMICK noted  that  suicide is  a leading  but                                                               
preventable public  health crises  in Alaska  and is  the leading                                                               
cause of death in youths ages  10 through 24.  Suicide prevention                                                               
activists, he  said, have identified the  proposed legislation as                                                               
a problem and  have testified before the committee  that it could                                                               
lead to higher rates in suicide.   He offered his belief that not                                                               
enough has  been changed in  the bill,  and that it  strips young                                                               
people of  the ability  to make  choices for  themselves, denying                                                               
them the  ability to live with  dignity.  He referred  to HB 111,                                                               
stating that the legislature was  doing something to help people.                                                               
He opined HB 105  would make life harder for people.   He gave an                                                               
example of growing up in rural  Alaska where life is hard, and he                                                               
said he  ran to make life  easier for rural kids.   He reiterated                                                               
his opposition to HB 105.                                                                                                       
                                                                                                                                
10:13:32 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  PRAX   offered  his  opinion  that   this  is  an                                                               
imperfect world, and that parents  have a moral responsibility to                                                               
raise  their  children,  but  someone  turned  it  into  a  legal                                                               
obligation.     He   believed  that   parents   have  the   moral                                                               
responsibility to  raise children, not the  legislature, and even                                                               
if parents  make mistakes,  they must have  that right,  he said.                                                               
He stressed  that the bill  poses challenges, and the  state must                                                               
think critically about this.                                                                                                    
                                                                                                                                
10:15:47 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  RUFFRIDGE  thanked  committee members  for  their                                                               
comments.   He said the legislature  was in an important  spot in                                                               
returning to  a conversation regarding  what is  happening inside                                                               
of Alaska's  schools and its children.   He said he  believed the                                                               
bill  actually  strengthens  the  ability for  students  to  have                                                               
private access to  restrooms and potentially a  greater aspect to                                                               
safety.  He  stated that while it  may not be a  perfect bill, it                                                               
started the  conversations about  what the  role of  teachers and                                                               
parents are,  and how to better  engage them.  He  said he valued                                                               
parent's rights tremendously  and that he looked  forward to more                                                               
legislative sessions on the subject.                                                                                            
                                                                                                                                
10:18:34 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  STORY drew  attention to  page 2,  line 9  of the                                                               
bill in reference to a  religious holiday and whether Legislative                                                               
Legal Services needs to make any changes.                                                                                       
                                                                                                                                
REPRESENTATIVE RUFFRIDGE  explained that the language  is already                                                               
in state statute and not part of the bill.                                                                                      
                                                                                                                                
10:19:48 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE MCCORMICK maintained his objection.                                                                              
                                                                                                                                
10:19:50 AM                                                                                                                   
                                                                                                                                
A roll  call vote was  taken.  Representatives  McKay, Ruffridge,                                                               
Prax, and  Allard voted  in favor  of the  motion to  report CSHB
105,  Version  33-GH1072\B, Marx,  4/15/23,  as  amended, out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
zero fiscal note.   Therefore, CSHB 105(EDC) was  reported out of                                                               
the House Education Standing Committee by a vote of 4-3.                                                                        
                                                                                                                                
10:20:39 AM                                                                                                                   
                                                                                                                                
CO-CHAIR  ALLARD relayed  that when  there are  other legislators                                                               
present,  they  must   be  respectful  to  the   chairs  and  not                                                               
interrupt.  She added that aides are present for assistance.                                                                    
                                                                                                                                
10:21:11 AM                                                                                                                   
                                                                                                                                
The committee took an at-ease from 10:21 a.m. to 10:23 a.m.                                                                     
                                                                                                                                
10:23:41 AM                                                                                                                   
                                                                                                                                
CO-CHAIR ALLARD briefly discussed future business.                                                                              

Document Name Date/Time Subjects
HB105 Amendment 2.pdf HEDC 4/26/2023 8:00:00 AM
HB 105
HB105 Amendment 4.pdf HEDC 4/26/2023 8:00:00 AM
HB 105
HB105 Amendment 3.pdf HEDC 4/26/2023 8:00:00 AM
HB 105
HB 105 CS VerB.pdf HEDC 4/26/2023 8:00:00 AM
HB 105
HB105 Amendment 1.pdf HEDC 4/26/2023 8:00:00 AM
HB 105