Legislature(2005 - 2006)CAPITOL 120

04/12/2006 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 482 SCHOOL:BULLYING/HARASSMENT/INTIMIDATION TELECONFERENCED
Moved CSHB 482(JUD) Out of Committee
<Bill Hearing Rescheduled from 04/10/06>
+ SB 261 REGULATION OF HWYS; TRAFFIC OFFENSES TELECONFERENCED
Moved HCS CSSB 261(JUD) Out of Committee
+ HB 434 AUTHORIZE HWY PROGRAM PARTICIPATION TELECONFERENCED
Moved CSHB 434(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 482 - SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                              
                                                                                                                                
1:36:21 PM                                                                                                                    
                                                                                                                                
CHAIR McGUIRE  announced that the  first order of  business would                                                               
be  HOUSE  BILL   NO.  482,  "An  Act   relating  to  harassment,                                                               
intimidation, and  bullying in schools."   [Before  the committee                                                               
was CSHB 482(HES).]                                                                                                             
                                                                                                                                
REPRESENTATIVE ANDERSON,  speaking as  the sponsor,  relayed that                                                               
his staff would present HB 482.                                                                                                 
                                                                                                                                
1:36:35 PM                                                                                                                    
                                                                                                                                
CRYSTAL NOVOTNEY,  Staff to  Representative Tom  Anderson, Alaska                                                               
State Legislature,  sponsor, relayed on behalf  of Representative                                                               
Anderson  that  HB 482  address  a  growing problem  in  Alaska's                                                               
schools that is often overlooked  by teachers and administrators.                                                               
Bullying has  a truly negative  effect on the  social environment                                                               
of  schools,  and on  the  emotional  and  mental well  being  of                                                               
Alaska's children.  Recent studies  suggest that bullying creates                                                               
a  climate of  fear  among students,  inhibits  their ability  to                                                               
learn,  and   leads  to  other   anti-social  behavior   such  as                                                               
vandalism,  shoplifting, skipping  and  dropping  out of  school,                                                               
fighting, and using  drugs and alcohol.   Furthermore, 60 percent                                                               
of the males studied who were  bullies in grades six through nine                                                               
were  convicted of  at least  one crime  as an  adult, and  35-40                                                               
percent of these former bullies  had three or more convictions by                                                               
the age  of 24.   Only 15  of the 53  school districts  in Alaska                                                               
have made  an attempt to  address the  bullying issue.   With the                                                               
increase in students in Alaska today,  there is a growing need to                                                               
ensure  the  safety  of  Alaska's   children  in  their  learning                                                               
environment.                                                                                                                    
                                                                                                                                
MS. NOVOTNEY  said that  HB 482  requires school  districts, city                                                               
and borough  offices of education, law  enforcement agencies, and                                                               
youth-serving  agencies  to  develop  and  implement  interagency                                                               
strategies  on bullying  and harassment.    Currently, 21  states                                                               
have some  sort of anti-bullying  law, and another 24  states are                                                               
in  the  process  of  adopting  similar  legislation.    Members'                                                               
packets  contain endorsement  letters by  the National  Education                                                               
Association  (NEA), the  Alaska  Network on  Domestic Violence  &                                                               
Sexual   Assault  (ANDVSA),   and  [Allan   A.  Morotti,   Ph.D.,                                                               
University  of Fairbanks].   Bullying  is  a problem  everywhere,                                                               
even in Alaska, and its  causes and effects cannot be overlooked.                                                               
This bill  not only gives  teachers and  administration officials                                                               
the tools to deal with such  a growing issue, but also allows for                                                               
input from  parents, guardians,  students, and  concerned members                                                               
of  the  community  during the  development  of  a  comprehensive                                                               
bullying policy.                                                                                                                
                                                                                                                                
MS.  NOVOTNEY  relayed  that   successful  programs  focusing  on                                                               
recognizing, preventing, and  effectively intervening in bullying                                                               
behavior  have  improved  safety  and created  a  more  inclusive                                                               
learning  environment.   Some  such  programs include  in-service                                                               
training and  other activities to  improve school  attendance and                                                               
reduce school crime and violence.   House Bill 482 is targeted at                                                               
reducing vandalism,  drug and alcohol abuse,  gang membership and                                                               
violence,  hate  crimes,  bullying,  teen-relationship  violence,                                                               
discrimination, and all  harassment, including sexual harassment,                                                               
in  grades  K-12.    The House  Special  Committee  on  Education                                                               
revised the  bill, eliminating the mandate  that school districts                                                               
have  an actual  bullying  policy.   However,  the House  Health,                                                               
Education  and Social  Services Standing  Committee, amended  the                                                               
bill  back to  the original  form so  that school  districts must                                                               
implement  such a  policy,  and added  sexual  orientation as  an                                                               
additional [target] of bullying.                                                                                                
                                                                                                                                
MS. NOVOTNEY,  in conclusion, said  that ultimately, HB  482 will                                                               
protect  Alaska's  children,   discipline  unruly  students,  and                                                               
instill in Alaska's schools a  message of civility and respect or                                                               
suffer  the consequences.   She  offered  her understanding  that                                                               
CSHB  482(HES) now  has  a  zero fiscal  note,  and relayed  that                                                               
Representative  Anderson urges  the committee's  support of  this                                                               
important legislation  and thanks Representatives  McGuire, Kott,                                                               
and Gruenberg for their co-sponsorship of the bill.                                                                             
                                                                                                                                
1:41:16 PM                                                                                                                    
                                                                                                                                
BILL   BJORK,    President,   NEA-Alaska    (National   Education                                                               
Association, Alaska  branch), after relaying that  NEA-Alaska has                                                               
submitted a letter of support  and testimony to the House Special                                                               
Committee on Education, stated that  every school in Alaska ought                                                               
be  a sanctuary  where all  students can  learn and  teachers can                                                               
teach and  all school employees  and the general public  can work                                                               
without the fear of intimidation  or harassment.  Many schools in                                                               
Alaska  are already  engaged  in good  efforts  to address  these                                                               
issues,  and [CSHB  482(HES)] guarantees  that every  school will                                                               
take the  steps necessary  to provide a  good school  climate for                                                               
learning that is  safe for everyone.  He thanked  the sponsor and                                                               
co-sponsors   of   the   bill,   and  the   committee   for   its                                                               
consideration.                                                                                                                  
                                                                                                                                
CHAIR  McGUIRE, after  ascertaining that  no one  else wished  to                                                               
testify, closed public testimony on HB 482.                                                                                     
                                                                                                                                
1:42:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT referred to language  on page 2, line 18, and                                                               
suggested  that  it  ought  to  stipulate  that  the  information                                                               
referenced  shall be  reported to  the appropriate  committees of                                                               
the "Alaska House of Representatives and the Alaska Senate".                                                                    
                                                                                                                                
REPRESENTATIVE ANDERSON said he would support such a change.                                                                    
                                                                                                                                
CHAIR  McGUIRE,  calling   the  aforementioned  suggested  change                                                               
Amendment  1, asked  whether there  were any  objections.   There                                                               
being none, Amendment 1 was adopted.                                                                                            
                                                                                                                                
[Following  was a  brief discussion  regarding other  legislation                                                               
pertaining to similar issues.]                                                                                                  
                                                                                                                                
REPRESENTATIVE GARA indicated that he is supportive of HB 482.                                                                  
                                                                                                                                
1:46:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOTT  moved to report  CSHB 482(HES),  as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying zero  fiscal note.   There being no  objection, CSHB
482(JUD)  was   reported  from   the  House   Judiciary  Standing                                                               
Committee.                                                                                                                      
                                                                                                                                

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