Legislature(2015 - 2016)BUTROVICH 205
02/12/2015 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 31 | TELECONFERENCED | |
SB 31-SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS
3:32:02 PM
CHAIR DUNLEAVY announced the consideration of SB 31. He said it
was the first hearing of the bill and he would hold the bill in
committee.
3:32:29 PM
SENATOR BERTA GARDNER, Alaska State Legislature, sponsor of SB
31, introduced her staff, T.J. Presley, noting he has worked
extensively on the bill. She mentioned David Holthouse's story
which the committee will hear today. She said the bill is a
relatively simple effort to try to give children in school the
tools to understand when touch is bad or good and when secrets
are bad or good. The proposal also ensures that educators will
know how to teach the curriculum, as well as recognize signs of
distress.
3:34:07 PM
THOMAS PRESLEY, Staff, Senator Berta Gardner, Alaska State
Legislature, presented SB 31 on behalf of the sponsor. He said
the legislation was introduced by Representative Tarr in 2014
and received substantial support. The Senate voted unanimously
to pass Erin's Law in 2014.
He described Erin's Law, founded by Erin Merryn, a survivor of
childhood sexual abuse, and its efforts in all fifty states.
Currently, 19 states have adopted Erin's Law and 18 others have
introduced, or will introduce, the law this year. Erin's Law
mandates school districts to develop a policy to train teachers
to detect signs of sexual assault and provide training for
children to know what actions they can take when abuse occurs.
The material must be age appropriate and can be developed
locally.
He noted a legislative research report and statistics from the
Office of Children Services in members' packets. He said the
tools in the law give children, parents, and teachers what they
need to respond to a traumatic experience like sexual assault.
The law empowers children to identify and report offenders and
requires mandatory reporting by teachers.
He related since the bill was introduced last year, the
Fairbanks North Star Borough School District has voluntarily
started its own version of Erin's Law. In members' packets are
numerous letters of support from organizations and individuals.
The sponsor was overwhelmed by the amount of public support for
this bill. The sponsor has invited David Holthouse to share his
story of abuse with the committee.
3:37:23 PM
SENATOR HUGGINS referred to Fairbanks and asked why school
districts have to wait to be told to include this curriculum.
MR. PRESLEY said the school district could probably speak to
that question.
SENATOR HUGGINS said he and Senator Dunleavy should suggest that
the Mat-Su School District do the same as Fairbanks did.
SENATOR GARDNER commented that schools are reluctant to add
another mandate, even though they support the concept. She
opined that it is among the very most important issues. She
wished the opportunity for children to learn what they need to
know to protect themselves will happen.
SENATOR HUGGINS expected districts have made their decisions
because it is an unfunded mandate and they have no time, but he
stressed the importance of the information. He concluded that he
did not have a solution.
3:40:02 PM
SENATOR STEVENS realized that mandatory reporting is not
required, but mandatory training is.
MR. PRESLEY noted that mandatory reporting already exists and
the bill would complement that requirement.
CHAIR DUNLEAVY said teachers must report if they even suspect
sexual abuse. He asked about the fiscal note.
MR. PRESLEY said the bill has a zero fiscal note.
CO-CHAIR DUNLEAVY predicted that there will be a fiscal impact
to districts and that there would be testimony as such.
3:41:07 PM
At ease
3:42:05 PM
CHAIR DUNLEAVY requested that Mr. Holthouse testify.
DAVID HOLTHOUSE, representing himself, testified in support of
SB 31. He shared a personal story about abuse as a child, saying
he did not have the tools to deal with a rape when he was seven.
He said the perpetrator told him that he had done a bad thing,
his dad would spank him if he told, and if he told he would say
he was lying, and he would kill him and his parents. Mr.
Holthouse pointed out that is typical predator behavior. He said
he did not tell for 25 years, at significant cost to his own
well-being.
MR. HOLTHOUSE stressed that Erin's Law could have protected him
from the assault in the first place. It would have given him the
language to describe what happened and who to tell. He
maintained that had the schools acknowledged the prevalence of
this issue, he would not have felt so alone. He said the
loneliness was the worst part of it.
3:45:44 PM
He recalled a moment in a class in school when he was 16 and the
relief he found when the high rate of sexual abuse of children
in Alaska was acknowledged. He said Erin's Law should be
mandated because it sends a message to predators and to kids.
3:47:14 PM
JEFF JESSE, Chief Executive Officer, Alaska Mental Health Trust
Authority, testified in support of SB 31. He spoke of the
science regarding the effects of abuse of children. Some of the
less-known effects are an increase in asthma and heart disease.
He maintained that the real unfunded mandate is that children
aren't taught how to protect themselves and that teachers are
not given the tools and resources to help identify abused
children. He stated that the law is not trying to put the
responsibility of ending sexual abuse on the schools, but rather
help identify the problems. He said he is amazed that the two
bureaucratic system that need the most help to do their jobs,
and the most difficult to help, are the schools and the Office
of Children's Services. Schools have access to community
partners that could assist them to identify these kids, such as
domestic violence shelters, child advocacy centers, and
behavioral health centers. He said he understands the dilemma of
why schools "wait until they are told." They do have a lot on
their plate. He concluded that the schools need to help educate
kids about how to protect themselves and give teachers the tools
and resources to help identify abused kids, and avoid the real
unfunded mandate of children who will not do well in school or
in life and cost a lot more in the long run.
3:50:45 PM
SENATOR STEVENS asked how teachers would be trained to identify
abused children. He wondered if it is a long-term process.
MR. JESSE replied that it is not rocket science; it's looking
for behavioral changes like discipline problems and sexualized
behavior. The law would provide resources for teachers to use.
He asked, "How would I feel if I was a teacher and I did not
have this information and I found out later that there were kids
in my classes that were being sexually abused? If I had just had
some basic information, I might have been able to change that
kid's life." He pointed out that abused kids are in a family
situation and are not getting the parental training and
information that all kids should get.
3:53:43 PM
LISA SKILES PARADY, Executive Director, Alaska Council of School
Administrators (ACSA), and the Alaska Superintendents
Association, testified in opposition to SB 31 as an unfunded
mandate. She thanked the sponsor and other legislators who have
brought forth child sexual abuse in Alaska for discussion and
for bringing the bill forward for consideration. She opined that
this subject matter of the safety of students is of a critical
nature. She noted she understands the statistics and has four
daughters.
She stated that superintendents do support the merits of the
bill, but are concerned with instructional time and cost.
Districts have ten days of professional development per year in
which to fit mandated training as well as instructional
training. That box is already full. She agreed that this issue
may rise to the top in importance. She listed other mandated
training topics. She said the bill is an unfunded mandate:
Section 2 of the bill is amended to add a new section that would
mandate school boards to provide a K-12 training program and the
costs for that would reside with the school district. Though the
fiscal note is zero, there is not a zero cost to the district.
3:57:45 PM
She shared two comments by superintendents who support the
merits of the law, but not the unfunded mandate. She said that
adding an unfunded mandate during this time of deep cuts is
going the wrong direction. She concluded that not all districts
have access to resources and support services. She emphasized
that the bill should not go forth without the resources to do it
right.
3:59:56 PM
TAI MAZE, Superintendent, Lake and Peninsula School District,
testified in opposition to SB 31 as an unfunded mandate. He said
as a parent and educator he cannot argue with the intent of the
law. He noted his district's budget deficit and overloaded
schedule. In light of that situation, he requested funding,
resources, and support in order to implement a quality program.
4:02:33 PM
JASMINE, representing herself, testified in support of SB 31.
She shared a personal story about the abuse she and her brother
suffered in their home. She talked about the effects of the
abuse and the counseling she received from AWARE. She said most
kids do not receive help like she did and the law will provide
the education they need. It will also help them understand that
they are not alone. She noted that many criminals are children
from abusive homes who did not receive the help they needed.
Erin's Law will educate and prevent future criminals. She
concluded that she wishes she and her brother had received this
information when they were younger because now her brother is in
a facility for depression related to abuse and she might have
been able to help him.
SENATOR GARDNER thanked Jasmine and suggested that she did learn
how to help.
4:05:08 PM
KEVIN SHIPLEY, Superintendent, Kake City School District,
testified in opposition to SB 31 as an unfunded mandate. He
stated support for the merits of the law, but opposed the cost
and time the district would have to bear. He noted that the
district does not have community partners readily available to
help. He suggested finding a way to implement the program
correctly from the start.
4:07:22 PM
SARALYN TABACHNIK, Executive Director, AWARE, testified in
support of SB 31. She stated that "knowledge is power" and when
kids have knowledge and the information they need to keep
themselves safer, they are actually able to do that. This bill
which states that districts provide age-appropriate personal
safety information to students in grades K-12 provides critical
information. It also gives school staff and administrators the
ability to recognize the signs of abuse. She said the issue is
too important to not figure out solutions to the unfunded
mandate. She said she does not have the answer. She concluded
that some people have not testified because they could not live
with the isolation and shame of their victimization and have
taken their lives. The bill gives all school children the
knowledge of who, and how, to tell and is a prevention and
intervention strategy.
4:09:41 PM
KATHRYN CARPENTER, Student, Department of Alaska Native Studies
and Rural Development, University of Alaska - Fairbanks,
testified in support of SB 31. She said she is a temporary
assistant for needy families with the Bristol Bay Native
Association and mother of two young girls. She spoke in support
of sharing knowledge with children about safe and unsafe touch.
She stated that sexual abuse of children in Alaska is a silent
epidemic and crosses race, culture, social economic groups, and
religion. Alaska Native children have the highest rates of
abuse. She shared statistics of abuse and what might have been
prevented if Erin's Law was in effect years ago, such as abuse
by priests
She related that DEED directs what constitutes an education in
Alaska, and all children should be provided access to Erin's Law
in schools because it is the only place to reach all children.
She encouraged the committee to consider Erin's Law because it
gives children the tools to tell, so the shame and guilt of the
trauma and abuse fades.
4:13:06 PM
MATT HIRSCHFIELD, Pediatrician, testified in support of SB 31.
He agreed with Mr. Jesse's comments about the effects of abuse.
He said abuse puts children at significant risk for long-term
health problems like alcoholism, suicide, depression, and heart
disease. He noted kids change when abuse happens; behavior
problems can be prevented with intervention. This law will save
money to the state by preventing issues caused by behavior and
health problems.
4:15:42 PM
TREVOR STORRS, Executive Director, Alaska Children's Trust,
testified in support of SB 31. He thanked the sponsor and all
who have worked on the bill. He said Erin's Law transforms an
unspeakable issue to one with a voice. He noted the goal at the
Alaska Children's Trust is to prevent child abuse and neglect.
Erin's Law is true prevention by empowering the community,
parents, teachers, and children. It gives a voice to the issue
and establishes a safe place for the conversation. The law will
establish a norm and will make all aware, and then child abuse
will be unacceptable. He agreed the funding is a challenge. He
offered that Children's Trust will act as a partner and a
funding agent. He concluded that not passing this law will lead
to more trauma.
4:20:29 PM
PATRICK MAYER, Superintendent, Wrangell Public School District,
testified in opposition to SB 31 as an unfunded mandate. He
thanked the sponsor for bringing the issue of child abuse
forward. He opined that student safety is number one in
educators' eyes and the content of the law is critical. He said
his district's schools are four-star and five-star schools with
a premium on instruction time and limited in-service days. He
argued that there is no time or money for adding another
mandated program. He noted there are community programs
available in Wrangell. He questioned the scope of the program
and what he could leave out in order to add it.
4:23:14 PM
ROBIN SMITH, representing herself, testified in support of SB
31. She stated that children with a prior history of sexual
victimization are extremely likely to be re-victimized or
sexually trafficked. She appreciated the previous testimony of
several victims of abuse. She shared characteristics and
statistics of abused children. She said Alaska has a very high
rate of abuse of children that produces high costs to the state.
She described the violation and disruption to normal development
of children. She concluded that Governor Walker is in favor of
the legislation and it would prevent many future problems and
costs.
WASSILIISIA BENNIS, Chief Administrator, Bristol Bay Native
Association (BBNA), testified in support of SB 31. She shared
her personal story of sexual abuse. She said she believes that
emotional and physical abuse has long-term effects. SB 31 will
help provide education and training to stop this abuse. She said
she believes in empowering adults and students to speak up about
child sexual abuse to give Alaskans the tools to prevent sexual
abuse and break the silence. She share BBNA's wellness
principles. She requested support for Erin's Law.
4:29:54 PM
MARILYN CASTEEL, Executive Director, SAFE Women's Shelter,
testified in support of SB 31. She said, "We are voice of the
many students in Bristol Bay that will become one of our
statistics as a victim of child sexual abuse this year." She
shared statistics and stressed the need to give every child his
or her voice. All children need to be educated about child
sexual abuse. The bill allows teachers and staff to recognize
signs of abuse and know the proper protocols to keep students
safe. She described her experience with seeing abuse in
Dillingham and the problems of silence.
4:32:41 PM
ERIN MERRYN, Founder, Erin's Law, testified in support of SB 31.
She told her story of sexual abuse. She said what stopped the
abuse is when the abuser moved, but then there was another
abuser. She said the abuser is often someone who a child knows
and trusts. The perpetrators both said to stay silent. She said
the abuse finally ended when her sister became a victim and she
spoke up. She shared her journey on a destructive path. She
stated that she is now using her voice to give children a voice.
She believes that if someone had intervened when she was six,
she could have been spared years of abuse.
MS. MERRYN said she is giving children a voice about abuse so
they can speak up and tell. She began the mission five years ago
in Illinois. Erin's Law is now mandated in Illinois to occur
once a year. All pre-K to grade 12 students are taught personal
body safety and all staff are trained on sexual abuse prevention
and warning signs of abuse and how to handle reporting properly.
She said she has made it her mission to have Erin's Law enacted
in all fifty states. She said she was in Alaska in 2014, but the
law did not pass. Currently, 20 states have passed the law and
it is pending in 21 others.
She related that schools say the biggest hurdle is lack of time.
She stressed that takes only an hour or two out of a school
year. Kids that do not have a voice take up more time in the
classroom with unacceptable behavior. She noted that funding is
the other issue that often gets brought up. She countered that
there are programs that costs nothing or very little. A school
could hire outside staff to come into the schools. Salaried
teachers in the schools who are already teaching children could
teach the curriculum. There is researched-based curriculum
throughout the nation. She cautioned not to put a cost on a
child's life.
4:41:40 PM
MS. MERRYN shared a story of when a police department reported
on a child's experience after being educated by Erin's Law. She
gave another example of a child who disclosed abuse after a
school assembly. She gave examples of the flexibility schools
use to deliver the program. She concluded that she hopes Alaska
will pass the bill.
4:44:10 PM
JACK WALSH, Superintendent, Craig City School District,
testified in support of SB 31. He commented on the compelling
testimony today and thanked the sponsor for the legislation. He
agreed that protecting children should be a priority in Alaska.
He shared his experience in this issue over the last 28 years.
He spoke of the training that can serve the students and
families. He opined that every school is in support of the
effort, but some have issues with expense and time. He recalled
the challenges he found in rural Alaska. He concluded that the
concerns are significant, but requested that schools not put up
road blocks and instead partner with agencies to find solutions.
He noted issues with a zero fiscal note saying it does not
reflect the impact the bill will have on a district.
4:49:15 PM
TERRA BURNS, representing herself, testified in support of SB
31. She said she is a victim of sex trafficking in Alaska. She
related that early abuses in her life were not recognized and
resulted in behavior problems. She shared a story of another
girl who had a similar experience. She thought Erin's Law would
have prevented a lot of trauma for herself and the other girl,
but it would also have saved the state hundreds of thousands of
dollars in court costs, foster care costs, victims of violent
crime compensation funds, and prison costs. She encourage the
legislature to prioritize and invest in the safety of Alaska's
children.
4:52:10 PM
MIKE HANLEY, Commissioner, Department of Education and Early
Development (DEED), answered questions related to SB 31.
CHAIR DUNLEAVY asked for DEED's position on the bill.
COMMISSIONER HANLEY said the department supports the bill.
CHAIR DUNLEAVY requested a response regarding the cost and time-
factor for districts.
COMMISSIONER HANLEY said the testimony speaks for itself:
districts are being honest about the challenges the bill
presents; proponents expressed the cost of not supporting the
bill. He said the department is not satisfied with the status
quo - there is an epidemic of child abuse in Alaska. He viewed
both sides as valid, but maintained that standing up for kids is
the way to go.
CHAIR DUNLEAVY asked about mandatory reporting and any other
regulations pertaining to child abuse.
COMMISSIONER HANLEY explained that AS 47.17.022 speaks to
mandated reporting of child abuse and neglect. All educators are
mandatory reporters. He said AS 18.66.310 speaks to continuing
education for public employees on domestic violence and does
require additional training for mandated reporters. Also, AS
14.33.60 speaks to a curriculum that recommends districts'
health education programs include personal safety in the K-12
curriculum. He said there are similarities to Erin's Law,
however, health education recommends and does not mandate the
curriculum.
4:55:27 PM
SENATOR GARDNER asked if Erin's Law could fall under the
personal safety statute.
COMMISSIONER HANLEY thought there were a lot of similarities,
but said Erin's Law speaks to specifics that probably are not
addressed in the health curriculum. He suggested that there may
be curriculum that Erin's Law could be added to or additional
curriculum might be required.
CHAIR DUNLEAVY asked if he has had discussions with other states
that have adopted the law.
COMMISSIONER HANLEY said no.
CHAIR DUNLEAVY asked if he has looked at any curriculum that
would pertain to Erin's Law.
COMMISSIONER HANLEY said no.
CHAIR DUNLEAVY said it sounds like the curriculum could be
expensive or cheap. He noted state law stipulates that districts
adopt curriculum. He asked Senator Gardner if she has looked at
any curriculum.
SENATOR GARDNER said she has not looked into existing
curriculum, but understands that the idea is that districts have
flexibility to choose what is appropriate for them. The heart of
the issue is "good touch/bad touch, good secrets/bad secrets,
and that you can tell and you can be safe." Ensuring safety
means that school staff know who to contact.
4:58:42 PM
CHAIR DUNLEAVY commented that current law provides that
suspicion of abuse is reported, not investigated.
He asked if any districts besides Fairbanks have a curriculum in
place.
COMMISSIONER HANLEY said he is not aware of any.
CHAIR DUNLEAVY asked if Commissioner Hanley ranks this issue as
a high priority.
COMMISSIONER HANLEY replied, in light of the context of Alaska
and the protection of children, it is a high priority.
CHAIR DUNLEAVY asked if DEED would consider beginning a list of
mandatory regulations to see if any could be pulled off the
plate in order to add Erin's Law.
COMMISSIONER HANLEY said that would be a straightforward task to
do.
5:00:56 PM
DAVE HERBERT, Superintendent, St. Mary's School, testified in
opposition to SB 1 as an unfunded mandate. He said he supports
the content of the bill, however, school districts are too maxed
out with providing time and training for more laws. The
committee should consider the financial burden on school
districts and the time factor. He noted staff are already
mandated to report all kinds of child abuse. He suggested
eliminating a lesser regulation.
5:05:11 PM
CHAIR DUNLEAVY agreed that there are merits in the concept of
Erin's Law. He requested that DEED get examples of the
curriculum used in other states.
He closed public testimony and held SB 31 in committee.
SENATOR HUGGINS thanked the testifiers. He argued for punishment
of perpetrators and talked about the high recidivism rate of
sexual predators.
5:08:41 PM
SENATOR GARDNER thanked Chair Dunleavy for the suggestions to
the commissioner. She said she knew schools were busy, however,
she emphasized that there are thousands of children in Alaska
who are suffering and that knowledge gives the state the
responsibility to act. The legislature has the power to act. She
concluded that there may be more than one way to do the right
thing. She said, "The right thing is to protect our kids." She
pointed out that a number of the perpetrators were victims,
also, and are still victims.
CHAIR DUNLEAVY thanked all the testifiers for speaking about a
very difficult topic. He said he hoped to work out the details
of the bill. SB 31 was held in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB31 Version A.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Sponsor Statement.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Fiscal Note.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Sectional Analysis.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Legislative Research.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Warning Signs and Prevention Tools.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Erin's Law Map.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Fiscal Notes from Select States.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 FDNM-Governor Walker State of the State.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 - What is in Erin's Law.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Erin Merryn Sexual Abuse Survivor.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Letters of Support.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Letter of Support Update.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |
| SB31 Opinion Piece.pdf |
SEDC 2/12/2015 3:30:00 PM |
SB 31 |