Legislature(1999 - 2000)
04/20/1999 05:10 PM House MLV
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 165 - SCHOOL SAFETY PLAN Number 0058 CHAIR MURKOWSKI announced that the first item of business would be House Bill No. 165, "An Act relating to school crisis response planning." She pointed out that the committee would consider not school issues, specifically, but how the Division of Emergency Services fits into a school crisis response planning effort. Number 0128 REPRESENTATIVE MARY SATTLER KAPSNER, Alaska State Legislature, sponsor, noted that HB 165 is timely, as there was just a crisis at the Columbine High School near Denver, Colorado, which highlights the importance of creating a crisis plan in Alaska's schools. She read from the sponsor statement, as follows: In February of 1997, gunfire exploded in the hallways of the Bethel Regional High School, ending the lives of the principal, Ron Edwards, and a promising young athlete, Josh Palacios. The actions that took place immediately following this tragedy still haunt the residents of Bethel with questions such as, "Should we have ...?" and "Why didn't we ...?" I sincerely hope that no other school or community will experience this type of trauma and the pain that accompanies it. If, however, a crisis which affects the life, health and emotional well-being of students does happen, schools must be prepared to respond. Some schools in Alaska have planned for such crises. Others have not. House Bill 165 would make sure that every school does so. House Bill 165 adds a new section to the education statutes requiring each school to develop a site-specific crisis response plan. The Department of Education [DOE]... would provide the standards. Each school district would develop a template for use by their schools. But the real work would be done at each school, with the involvement of those individuals at the school who will respond to the tragedy. House Bill 165 ... has had valuable input from numerous individuals and organizations involved in school safety issues. In fact, it became obvious, early in my work on this bill, that school safety is a multifaceted issue. ... As communities and schools work on a wide range of safety issues on an ongoing basis, HB 165 targets one critical component: ... It asks each school to engage in the forethought and planning, to be prepared to meet the needs of students in times of tragedy and crisis. Number 0291 CHAIR MURKOWSKI referred to Section 1, which lists the members of the crisis response team as follows: "the principal or the principal's designee, one member of the governing board or advisory school board, a school counselor, one certified and one classified member of the school staff, one parent whose child attends the school, one student in grade 10 or higher if the school has those grades, and other members at the discretion of the advisory school board or the advisory school board's equivalent." Chair Murkowski expressed concern that there may be areas where some of these individuals aren't available. If, for example, a counselor is not available, she wants to ensure that it doesn't defeat the composition of the planning team. Number 0364 REPRESENTATIVE KAPSNER responded that the intention, for a future committee substitute (CS), is that only four members must be included on the crisis response team: a principal or a principal's designee; one certified teacher; one classified staff member, such as a janitor, teacher's aide or cook; and one parent. It will be left open, so that the team may include a board member or advisory board member, or a member of a parent-teacher organization; a counselor, if the community has one; local law enforcement; and a student in grade 10, 11 or 12, if the school has those grades. It is left open to whomever the community wants to include, such as a minister or anyone else from the community. Representative Kapsner told members that HB 165 is a companion bill to SB 125, sponsored by Senator Hoffman and discussed in the Senate Health, Education and Social Services Committee. She said she is receptive to amending this. CHAIR MURKOWSKI said it sounds as if the Senate version addresses her own concerns, making the composition more broad. Number 0520 REPRESENTATIVE KAPSNER specified that the intent is for a CS for the House Health, Education and Social Services Committee. She deferred to Pat Jackson for clarification about whether there was actually a CS from the Senate committee. Number 0560 PAT JACKSON, Legislative Administrative Assistant to Representative Mary Sattler Kapsner, Alaska State Legislature, told members that in the Senate version of the bill, that CS work had been held for the next committee of referral, the Senate Community and Regional Affairs Committee, of which Senator Hoffman is a member. REPRESENTATIVE KAPSNER said she would prefer to hold discussion of a CS for the current bill until the House Health, Education and Social Services Committee. CHAIR MURKOWSKI indicated that would be all right. Number 0641 REPRESENTATIVE JAMES asked what connection there would be to the Division of Emergency Services. REPRESENTATIVE KAPSNER responded that this broad bill, under the title of "crisis response," could include not only violent crises but also events such as earthquakes or fire, in which case they would rely heavily on emergency services. She hadn't talked to the division directly and was interested in hearing the testimony that day, she added. Number 0710 REPRESENTATIVE KOTT asked what the smallest number of students is that attend any one school. REPRESENTATIVE KAPSNER said she doesn't have specific numbers, but the smallest she attended had four students in high school and eleven students in elementary school; the latter now has about eight students. She stated her belief that most schools must now have ten students in order to stay open. REPRESENTATIVE KOTT concurred with that number. He asked if the intent is for the district to develop a template for the schools, which would then fill in the names and specific information relevant to that school. REPRESENTATIVE KAPSNER explained that the template is so that everyone won't have to reinvent the wheel. However, each facility and community is different. For example, the emergency exit might be a door or a window, depending on the building. Or if a school has a high turnover, perhaps not the principal but the president of the school board would be in charge, or the minister. Although a crisis may occur in 15 minutes, there are years of dealing with that trauma. To make situations less traumatic, each community needs to have specific people. They want each school to address what would happen and who would be in charge, who would contact the press, who would contact the parents, and who would counsel the students. "Our intent was to have a template, or a model, so that everyone wouldn't have to struggle through every detail, but we wanted it to be broad enough so that every community could make it tailor-made to their needs," Representative Kapsner concluded. Number 0943 REPRESENTATIVE KOTT asked whether they could work with and through the DOE, in consultation with the Department of Military and Veterans Affairs' emergency response team, for example, to develop that initial template for all the schools, rather than having the 54 individual districts do that. The schools then could utilize whatever is relevant within the school-specific response plan. Representative Kott further asked whether any provision in here addresses charter schools. REPRESENTATIVE KAPSNER responded to the first point by referring to page 2, beginning at line 1, where it read, "meet standards as determined by the department by regulation." She said there would be a lot of sharing and help by the DOE. As to the second point, she said there is nothing specific for non-public schools. She asked Bruce Johnson of the DOE to address that. CHAIR MURKOWSKI suggested that Mr. Johnson address it during his testimony. She noted that all members were present. Number 1103 DAVID LIEBERSBACH, Director, Division of Emergency Services, Department of Military and Veterans Affairs, came forward. He stated: With reference to House Bill 165, we essentially have no problems with it. To the degree that we have the expertise, we will be able to provide that, mostly in the arenas of the disaster preparedness planning, if you will: earthquakes; to some degree, fire, although that usually falls under the purview of the Department of Public Safety and the fire marshall's office - but any of the floods, fires, those sorts of things. Crisis counseling is not the work that the Division of Emergency Services at this time has the expertise in. So, to the degree we have it, we can provide that, but we don't have a lot of experts in that. MR. LIEBERSBACH advised members that the division can provide support, as necessary, out of the current staffing. Where they have staff there already, they have been involved in getting crisis counseling help, for example, although they don't do it themselves. They encourage this kind of planning at local levels, for schools, businesses and all other entities. The division works with the schools on planning for events such as earthquakes and flooding, not from a crisis standpoint but as "consequent management." Although his division would assist to the degree it can, much of the crisis team, counseling and possible law enforcement involvement would come under different departments. MR. LIEBERSBACH referred to the crisis at that very moment in Littleton, Colorado, with over 20 dead students still lying on the floors of the school. [Later news reports clarified that 15 people were dead.] He concluded that it is an opportune time to be looking at this kind of thing for Alaska. Number 1301 REPRESENTATIVE KOTT stated his understanding that the division would be more concerned with natural disasters, rather than the shootings that day, for instance. MR. LIEBERSBACH affirmed that, pointing out that in the Bethel incident, his division had no involvement; that involvement was primarily by law enforcement and the local school, and so forth. To the degree necessary, the division does provide support, but in a different vein, he explained. For example, when the recent avalanches occurred, his division provided support to the state troopers and search-and-rescue teams; however, it was the responsibility of the Department of Public Safety, not his division. That is the current situation, pending possible passage of SB 101. Number 1380 REPRESENTATIVE COGHILL asked whether, as a matter of logistics, a school plan would go through another agency, rather than directly to the Division of Emergency Services. MR. LIEBERSBACH replied that it doesn't have to go either way. If a request for assistance came to his division, they would look to see, under the statutes, what agencies are supposed to assist, then route it appropriately. They would not just refuse to help or tell the caller to try another number. In this case, it would probably be the Department of Public Safety for law enforcement, and the Department of Health and Social Services for the counseling aspects; if either agency needed assistance in getting there, his division would help with that, however. Number 1464 REPRESENTATIVE COGHILL suggested this highlights the need for a plan regarding where calls should go. MR. LIEBERSBACH agreed. In a human-caused crisis, he said, with possible law enforcement aspects, it should go directly to the state troopers, for example, who will get his division involved to the degree necessary. Number 1494 CHAIR MURKOWSKI noted that in Anchorage, all schools must have an earthquake-preparedness plan. She asked whether the division participates with helping the schools statewide set up such plans. MR. LIEBERSBACH said yes, but generally not directly. For example, they work with the Municipality of Anchorage's division of emergency services, which has that responsibility. In an area with no interfaced local government, however, his division would work directly with the borough, local government or school. In addition, his division's "earthquake people" have been into the schools all over the state, both in Anchorage and in rural areas, to talk about earthquake-preparedness plans. Number 1558 BRUCE JOHNSON, Director, Teaching and Learning Support, Department of Education (DOE), answered Representative Kott's question by specifying that charter schools are separate schools within a school district. If this bill passed, they would also be required to have a crisis plan in place. Number 1590 REPRESENTATIVE KOTT asked whether it is the intent of the legislation that a charter school within a particular district "be responsible to the district's template." MR. JOHNSON said yes, he believes that is how it would work best, although obviously there may be unique facilities occupied by charter schools. He then addressed the bill in general, stating: We believe, as a department, that children deserve the proactive planning that could come through the passage of this bill. We believe it should occur at a community level, and we certainly appreciate the sponsor's willingness to work with people who have some expertise in this area, to ensure that schools and school districts are given the latitude necessary to afford each school community the opportunity to identify those individuals that can best serve on that team, and are available in that particular community. We also, as a department, encourage that the content sections of the main plan sufficiently broad to allow communities, and the schools, the flexibility that is necessary to address their particular unique needs. So, with that, we agree schools could benefit from this, Alaskans' children could benefit from this. You never know when the next crisis is going to occur, and we have the resources within the Department of Education, in the form of one of our units, ... that has lots of expertise and could provide the template that is being talked about, one that would be suitable for urban Alaska, one that would be suitable for rural Alaska, and then work with individual schools and school districts to provide the technical assistance that they may request from us. So, I think we're well-prepared to assist in that endeavor. Number 1691 REPRESENTATIVE KOTT asked whether there will be a problem in the event that some small schools don't have a counselor. MR. JOHNSON replied that clearly not every school in Alaska has a counselor available. He referred to the CS that had been discussed, then told members he has been involved in a series of conversations regarding how this might evolve to cover Alaska's diversity. The department believes that the school leader - whether a full-time principal, a principal's designee when the principal is not there, a head teacher or a teaching principal - needs to be involved. Beyond that, it will be site-specific. For example, a community Village Public Safety Officer (VPSO) or a state trooper, if located there, should be involved. Mr. Johnson said he believes that the sponsor intends to take that into account. Number 1782 REPRESENTATIVE KOTT pointed out that the fiscal note shows no cost to the DOE, and Mr. Johnson had indicated the costs will be borne by the school districts. He asked whether Mr. Johnson has discussed with individual school districts this particular plan, as it is relates to their unfunded mandate. MR. JOHNSON replied, "I'm sure that we're going to hear from school districts about unfunded mandates." He said as superintendent of Mount Edgecumbe High School, part of his assignment, it would be very hard to come forward, especially given the events in Bethel and Littleton, Colorado, and suggest that this is not a good idea. He concluded, "This is just something that we need to do, in the best interests of young people. And I believe that there are resources that are available to make the job of communities and school districts easier, and manageable, without a fiscal note." Number 1839 REPRESENTATIVE JAMES said this seems to be a "no-brainer." She asked whether Mr. Johnson sees a problem with leaving it flexible, just saying that there will be somebody in charge, to be appointed or identified, as well as identifying whatever assistance would be needed in that school. MR. JOHNSON replied, "I think that could work. Again, our template would suggest appropriate individuals, beyond the individual in charge, that should be considered, if available in the community." He said the plan's strength will partly be the product of how it is conceived by community members. Getting communities to talk about this issue, and about the potential of a crisis, is more important than who actually sits at the table, as long as the decision makers in the community are involved, he added. Number 1917 REPRESENTATIVE JAMES recounted her own experience, where schools during World War II had plans because of the need. She said it is embarrassing that it requires legislation to make this happen, but she would support such legislation if it does make it happen. MR. JOHNSON emphasized that many districts and schools already have plans in place. This would just ensure that everyone has that responsibility. REPRESENTATIVE FOSTER asked whether Mount Edgecumbe has a plan. MR. JOHNSON said yes. For example, the students would go to the SEARHC [Southeast Alaska Regional Health Consortium] hospital in the event of a tsunami. Number 1989 REPRESENTATIVE CISSNA commented that what seems to be useful is that professionals, as well as a student and a parent, are involved, which allows for problem-solving skills. That kind of modeling could be carried further in a crisis itself. She pointed out that no one can prepare totally for a crisis. MR. JOHNSON agreed that the problem solving at the community level will bring about a real strength and preparedness. Number 2064 ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections Division of Family and Youth Services, Department of Health and Social Services (DHSS), specified that he was speaking on behalf of the DHSS in support of HB 165. He indicated that the DHSS and its divisions look forward to continuing to work with the DOE, school districts, and local schools to develop these plans. He said HB 165 is based on a "best practices" approach to a problem that plagues us in this day and age, and it is appropriate to have such plans in our local schools, to try to minimize or prevent any tragedy. Number 2105 REPRESENTATIVE FOSTER said he doesn't understand why a bill is needed to do this. He asked why the DOE's board of education can't issue a regulation to do this. He pointed out the lengthy process required to get a bill through the legislature, and that there is no fiscal note. MR. BUTTCANE said he would defer to the DOE. Number 2132 REPRESENTATIVE KOTT commented that he assumes there will be a small impact on the DHSS, but probably not enough to justify a fiscal note. MR. BUTTCANE replied that they had looked at that question. They endeavor to coordinate and cooperate with schools on a variety of issues; this would be another one, in the normal course of their duties. In a number of school districts, the DHSS is already involved in discussions regarding development and implementation of crisis response plans. Some schools have plans in place, which the DHSS has helped to develop and support. "So, there will be no significant fiscal impact to the department through this bill," he concluded. Number 2176 REPRESENTATIVE CROFT suggested that this is enough different from the education mission that only a "very brave regulatory authority" would step into it without legislative approval. Number 2215 REPRESENTATIVE FOSTER disagreed, as the DOE comes up with fire codes, for instance, regarding life safety issues of running a school. He said he believes this is one of those issues. CHAIR MURKOWSKI invited Mr. Johnson to respond to Representative Foster's question. She further asked whether, in light of the Colorado tragedy, the department is looking at this differently, in terms of crisis planning within the schools, totally apart from this bill. Number 2255 MR. JOHNSON replied that obviously what occurred in Bethel a couple of years ago had highlighted the need for safety of children. Before that, many Alaskans had felt somewhat immune from what was occurring elsewhere. As to why the state board of education doesn't just take out a regulation for public comment and then - hopefully - implement it, he told members, "I don't know that we seriously considered doing that. In my tenure, in attending state board meetings, we haven't had that level of discussions. Maybe we should, and maybe it's overdue." REPRESENTATIVE FOSTER emphasized the importance of this issue, restating that this should be implemented now, without a bill. He added that nothing keeps a school from coming up with this plan, and they should all be doing it. He concluded, "And there's no fiscal note, so it doesn't cost them anything, right? I don't know why the board of education doesn't address this issue. It's a one of life and safety." Number 2334 MR. JOHNSON agreed that is a valid point, "one that we will take to the state board of education in June, in the event that this bill does not wind its way through and end up on the Governor's desk with a positive signature." He suggested that there may be things that the DOE, through its regulatory power and the state board, can do to ensure that something doesn't happen in the meantime, while waiting for a bill to pass. Number 2359 DARRELL HARGRAVES, Alaska Council of School Administrators (ACSA), came forward, telling members he could fairly much echo Mr. Johnson's comments. Mr. Hargraves reported that the superintendents looked at this and saw no reason to oppose it; they gave tacit approval of the bill itself. However, the council of school administrators, which includes the principals, hasn't weighed in on this. MR. HARGRAVES agreed that many schools have such plans right now, and many have parts and pieces. For example, there are fire drill plans and requirements to put escape route maps on the walls of each classroom. Some is a result of local school board policies, and some because of having a good principal. He cited as an example a school in North Pole that has a plan and a committee, much like what is recommended here. MR. HARGRAVES pointed out that while it is easy to think of a crisis in terms of the killings in Bethel or Colorado, the vast majority would be events such as a suicide by a student, and the aftermath of that. "Many times, even with the plans we have, we don't have in place how to handle that," he told members. "The school district needs a plan that says what's to do, and who's to do it." He has discovered that the students can be torn apart emotionally after a suicide, and there may even be students passing out in the hallways. Someone strong must step in and take charge, such as a school psychologist, he suggested, or, lacking that, a counselor, the principal, the superintendent, and people out of the district office can make up the team to guide that. Mr. Hargraves explained: And I know that in the rural areas it takes a while for people to get to a site, but I still want to know that the district office is in charge of what goes on out at that site, because in case of a suicide, you'd be surprised how many people suddenly become proficient and expert in counseling - I mean, everybody you can imagine from the community. Different groups will call up and say, "I counseled somebody one time" and "My brother-in-law passed away, and I counseled my sister-in-law; so, I can be a counselor." So, what you need is a plan in place, ... again, what's going to be done and who's going to do it. TAPE 99-6, SIDE B Number 0001 CHAIR MURKOWSKI asked whether anyone else wished to testify. She then asked whether Representative Kapsner wished to wrap up. REPRESENTATIVE KAPSNER referred to Representative Kott's comment about unfunded mandates. She reported that while talking to superintendents and administrators from around the state, she has received the impression that this is so important that they will find money to ensure that a plan is put in place. REPRESENTATIVE KAPSNER next responded to Representative James' remark that this is a "no-brainer," and her question about what precludes schools from doing their own plans. She said it is a lot like the question of why it must be mandated that people buy car insurance: Although everyone knows the necessity, a law is needed to ensure that it is done. She suggested that 90 percent of the laws are written for 10 percent of the public. She believes that this is for the schools where people don't believe anything will happen. She herself never thought such a thing could happen in Bethel, her own town, yet there are even smaller communities where crises have happened, unforeseen. She said she believes there must be a law. REPRESENTATIVE KAPSNER explained that one reason she'd wanted to see so many people involved is that while some communities have good working relationships with their schools, some small villages don't. She explained, "They don't feel like they're a part of the curriculum. They feel that ... their school is an embodiment of another culture. And to include people from the community, I think, will make the plan a lot stronger ... and provide community ownership." She concluded by emphasizing the urgency of passing HB 165 out this session. Number 0125 REPRESENTATIVE FOSTER made a motion to move HB 165 from committee with individual recommendations and the attached zero fiscal note. There being no objection, HB 165 moved from the House Special Committee on Military and Veterans' Affairs. CHAIR MURKOWSKI called an at-ease at 5:59 p.m. She called the meeting back to order at 6:00 p.m.
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