Legislature(2013 - 2014)BELTZ 105 (TSBldg)
04/04/2014 08:00 AM Senate EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SB216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| = | SB 216 | ||
SB 216-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
8:01:08 AM
CHAIR STEVENS announced the consideration of SB 216. He asked
for a motion to adopt the committee substitute (CS), version C.
SENATOR DUNLEAVY moved to adopt the CS for SB 216, labeled 28-
LS1617\C, as the working document.
CHAIR STEVENS objected for discussion purposes.
AMY SALTZMAN, Staff, Senator Lesil McGuire, Alaska State
Legislature, Juneau, Alaska, presented changes in SB 216 on
behalf of the sponsor. She highlighted language under subsection
(a), lines 10 - 13, where the word "notice" was changed to
"publication" in order to add clarity. Another change added a
new subsection (d) on page 2. It allows parents to opt out of
the training on behalf of their child. A change was made on page
2, which adds subsection (c), that the required training for
educators can be a part of continuing education. The last change
is on page 2, lines 15 - 18 and adds subsection (e), an option
to provide the training required in SB 216 at the same time the
training on domestic violence is held, in order to reduce time
and cost to the district.
8:05:58 AM
MS. SALTZMAN noted a recommendation to add an effective date of
June 1, 2016, in order to give districts time to implement the
training and programs.
SENATOR DUNLEAVY asked about page 2, lines 11 - 13, and asked if
there would be a notification sent out to parents about the
training.
MS. SALTZMAN did not know, but offered to find out.
SENATOR DUNLEAVY stated that it is important to let parents
know.
8:08:00 AM
SENATOR STEDMAN said he would not object to the inclusion of
subsection (d), but he cautioned that it is sometimes the parent
who is the perpetrator and that parent might object to the
training. The concept of the bill is to protect the kids and
this language might expose the child to problems. He shared a
story about a family member and the tragic consequences.
Language like this would have exempted that child from receiving
the training.
CHAIR STEVENS asked for the logic behind allowing parents to
exempt.
MS. SALTZMAN said the subsection was added at Senator Huggins'
request to allow parents to have the choice. Typically, with sex
education the district decides whether or not to allow parents
to decline. The subsection could be removed and districts could
make the decision.
CHAIR STEVENS asked in what other ways a school might determine
if a child was being abused.
MS. SALTZMAN said it would be a red flag if a parent removed a
child from the training. She said publications will be also
distributed, such as the "Making Meaningful Connections," a
guide from the U.S. Department of Health and Social Services.
8:13:05 AM
SENATOR GARDNER said she wished to offer an amendment.
8:13:19 AM
At ease
8:14:23 AM
CHAIR STEVENS reconvened the meeting and stated that discussion
of SB 216 would continue before the committee considered an
amendment. He asked which school employees receive sexual abuse
prevention training and the continuing education option.
LAUREE MORTON, Executive Director, Council on Domestic Violence
and Sexual Assault, Department of Public Safety, Juneau, Alaska,
provided information related to SB 216. She said the bill refers
to mandatory reporters, under AS 18.66.310, which are defined as
school teachers and coaches, and not, for example, custodians.
8:16:08 AM
CHAIR STEVENS stated that continuing education would also apply
to teachers and coaches.
He requested information about the effective date.
MS. SALTZMAN explained that moving the effective date to June 1,
2016, would provide time for school districts to implement a
program.
SENATOR GARDNER asked Senator Dunleavy if a district really
needs two years to do that.
SENATOR DUNLEAVY opined that it is best to allow adequate time
with all the changes for districts recently.
CHAIR STEVENS removed his objection to adopting version C.
CHAIR DUNLEAVY moved to adopt Conceptual Amendment 1, changing
the effective date to June 1, 2016. There being no objection,
Conceptual Amendment 1 was adopted.
CHAIR STEVENS opened and closed public testimony.
8:19:01 AM
SENATOR GARDNER offered Conceptual Amendment 2: On page 2, lines
11 - 13, in new subsection (d), remove the words "decline," "or
publications," and "on behalf of the child," and add the words
"may participate in." She said her concern is that the children
who are being victimized by a family might be removed from the
training. It also might make the parents aware of abuse that is
happening.
CHAIR STEVENS summarized that the amendment would remove that a
parent could decline training.
SENATOR GARDNER said it allows the child to participate in the
training provided in the section.
SENATOR DUNLEAVY noted it is a difficult subject. He agreed that
parents are often the problem. However, the amendment allows the
state to have precedence over the training of the child on this
topic.
CHAIR STEVENS said that it is his interpretation that a parent
could not decline.
SENATOR GARDNER stated that a parent can remove their child from
anything, any time. The amendment provides that the parent is
notified and given the opportunity to participate. Parents
always have the option to keep their children out of the
training. She maintained that most sexual assault is by someone
the child knows.
CHAIR STEVENS asked the Ms. Saltzman to comment.
8:23:16 AM
MS. SALZMAN thought the sponsor would be fine with that
amendment, since it would include parent notification. She
pointed out that school districts make their own policies as to
whether parents can opt out of these types of training.
MS. MORTON voiced concern about a child missing the lesson
because it makes the secret stronger for the child. She said it
is a difficult issue. In an ideal world, she would not include
the amendment because school districts already provide that
parents can opt in or out of programs. She worried that kids
will feel more pressure to keep quiet.
SENATOR DUNLEAVY asked what struggles teachers would have with
this concept.
SUSAN MCCAULEY, Director, Teaching and Learning Support,
Department of Education and Early Development (DEED), Juneau,
Alaska, answered questions related to SB 216. She offered that a
district could choose to have a local policy to opt out of
programs. She suggested that the language does not have to be in
the bill. Districts put into place options and notifications
regarding sensitive curriculum topics. If the wording is
included in the bill, it requires an opt-out provision.
CHAIR STEVENS concluded that it is a matter of local control. He
suggested striking subsection (d) and Conceptual Amendment 2 and
leave the decision up to districts.
DR. MCCAULEY agreed. Many such policies are left up to the
district. Without (d), the bill states that the curriculum must
be in place, but would not require an opt-out provision.
8:29:33 AM
SENATOR GARDNER asked if the bill mandates that the curriculum
is in place or that it is used.
DR. MCCAULEY reviewed the bill - "the governing body of each
school district shall adopt and implement a policy establishing
a mandatory training program for students" - and she concluded
that schools must provide the education to children.
SENATOR GARDNER withdrew Conceptual Amendment 2.
CHAIR STEVENS stated that SB 216 is an important bill and it
goes to the Senate Finance Committee next.
SENATOR GARDNER offered Conceptual Amendment 3, to strike
subsection (d). There being no objection, Conceptual Amendment 3
was adopted.
8:31:57 AM
SENATOR DUNLEAVY moved to report the CS for SB 216, version C,
as amended, from committee with individual recommendations and
attached fiscal note.
CHAIR STEVENS reviewed the changes and asked if there was
objection; finding none, he announced that CSSB 216(EDC) is
reported from the Senate Education Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 14_SB216_BillText_VersionC_040314.PDF |
SEDC 4/4/2014 8:00:00 AM |
SB 216 |