Legislature(2015 - 2016)BUTROVICH 205
04/07/2015 03:30 PM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB79 | |
| SB89 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 79 | TELECONFERENCED | |
| += | SB 89 | TELECONFERENCED | |
| += | SB 37 | TELECONFERENCED | |
SB 89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE
4:25:34 PM
CHAIR DUNLEAVY announced the consideration of committee
substitute for SB 89, version 29-LS0735\P, noting that it was
adopted on 4/2/15.
SENATOR HUGGINS moved to adopt Amendment 1, labeled 29-
LS0735\P.1:
AMENDMENT 1
Page 1, line 9, following "(1)":
Insert "recognizing the authority of and"
Page 1, line 11, following "(2)":
Insert "recognizing the authority of and"
Page 1, line 12:
Delete "performance standard,"
Page 2, line 4:
Delete "one month"
Insert "six weeks"
Delete "performance standard,"
Page 2, line 7:
Delete "performance standard,"
Page 2, line 8, following "(4)":
Insert "recognizing the authority of and"
Page 2, line 9:
Delete "performance standard,"
Page 2, line 15:
Delete "performance standard,"
Page 2, line 20:
Delete "performance standards,"
Page 2, line 22:
Delete "performance standard,"
Page 2, line 25, following "each":
Insert "separate"
Page 2, line 25:
Delete "performance standard,"
CHAIR DUNLEAVY objected for discussion purposes.
BETHANY MARCUM, Staff, Senator Mike Dunleavy, Alaska State
Legislature, read the explanation for Amendment 1:
Replace "allowing" with "recognizing the authority of
and allowing" on lines 9 and 11 of page 1, and line 8
of page 2 to reinforce that parental rights are
inherent.
Remove the phrase "performance standard" in 8 places
and keep it in 1 place to clarify awkward syntax.
Replace "one month" with "six weeks" on line 4 of page
2 to give school districts a more flexible duration of
time for collecting permission from parents.
Add the word "separate" on line 25 of page 2 for
clarity.
4:28:26 PM
CHAIR DUNLEAVY asked if anyone had any questions.
4:28:46 PM
At ease
4:30:10 PM
CHAIR DUNLEAVY reconvened the meeting.
MS. MARCUM noted that the word "allowing" is the only major
change in the bill.
CHAIR DUNLEAVY removed his objection and Amendment 1 was
adopted.
4:31:21 PM
SENATOR HUGGINS moved to adopt Amendment 2, labeled 29-
LS0735\P.2:
AMENDMENT 2
Page 1, line 1:
Delete "and"
Page 1, line 2, following "school":
Insert "; prohibiting a school district from
contracting with an abortion services provider; and
prohibiting a school district from allowing an
abortion services provider to furnish course materials
or provide instruction concerning sexuality or
sexually transmitted diseases"
Page 3, following line 1:
Insert a new bill section to read:
"* Sec. 2. AS 14.03.083 is amended by adding a new
subsection to read:
(e) A school district and an educational services
organization that has a contract with a school
district may not contract with an abortion services
provider."
Renumber the following bill section accordingly.
Page 2, following line 16:
Insert a new bill section to read:
"* Sec. 5. AS 14.30.360 is amended by adding a new
subsection to read:
(c) A school district may not permit an abortion
services provider or an employee or volunteer of an
abortion services provider to offer, sponsor, furnish
course materials, or provide instruction relating to
human sexuality or sexually transmitted diseases."
CHAIR DUNLEAVY objected.
BETHANY MARCUM explained that Amendment 2:
Would prevent abortion service providers from
contracting with school districts and educational
service organizations.
Would prohibit abortion service providers from
supplying materials to school districts on human
sexuality and sexually transmitted diseases.
Abortion services providers would not be permitted to
provide instruction on sexually transmitted diseases
and sexuality to school districts.
4:32:30 PM
SENATOR GARDNER asked if would make more sense to tell a school
district what issues they are allowed to address so they don't
authorize materials that contravene those issues. She suggested
that a religious organization might provide materials that might
be objectionable, in principle, under this amendment. She
emphasized that the issue is not who provides the materials, it
is the material being provided. She concluded that the
underlying interest is in having control over what kind of
materials and information are provided.
She asked if that is correct.
CHAIR DUNLEAVY said yes, but also not having industry
representatives in the school.
SENATOR GARDNER asked if the objection is to the industry or the
materials.
CHAIR DUNLEAVY said the objection is to the message in the
school for a captive audience. He said parents believe their
kids are going to school to learn the Three R's. He wants to
have discussions regarding certain topics at home, not in
school. He opined that school is not an appropriate venue for
this topic or industry.
SENATOR GARDNER asked what happens if it were a condom
manufacturer or birth control pharmaceutical company providing
information about sexuality or sexually transmitted diseases.
CHAIR DUNLEAVY said it is a good question.
4:35:30 PM
SENATOR GIESSEL said they are talking about an industry coming
into schools to market a product to a captive audience. She
thought the same philosophy would apply to other companies.
CHAIR DUNLEAVY said the topic is not shared by all parents of
the captive audience.
SENATOR GARDNER maintained that it is not about the marketing of
the product, which is not addressed by the language in the
amendment, it is about the provider. She opined, given the
strong language about options for parents to withdraw or not
have children participate in any instruction concerning
sexuality or sexually transmitted disease, and parents' right to
review the materials beforehand, this language is not needed. A
parent who has concerns can opt out.
She stated that the amendment clearly is targeted for one
particular organization. If you object to the organization,
that's one thing, but a bunch of different organizations might
provide objectionable material for any number of reasons.
Parents already have every opportunity to know what is happening
and when it is happening and can choose to not provide active
consent.
4:37:53 PM
SENATOR GIESSEL referred to page 1, line 2, where it discusses
contracting with a provider who provides medical service and
promoting the medical services to minors. That would require
parental consent. She concluded that medical intervention is
being discussed.
CHAIR DUNLEAVY added, in some ways, we don't know what is being
discussed. He said that he and others feel that schools are not
an appropriate place for this industry's marketing. Kids need to
learn content in schools. There is not enough time to do
everything and some things should not be happening in schools.
4:40:19 PM
SENATOR GARDNER suggested saying schools may not provide
materials or instruction about sexuality and sexually
transmitted diseases at all.
CHAIR DUNLEAVY asked if Senator Gardner is offering an
amendment.
SENATOR GARDNER said no. She opined that there are times when
that information should be available to students, such as from
school nurses. There is an appropriate time to discuss those
issues. She emphasized that the subtext of what has been
proposed is that those topics do not belong in schools and the
focus should be on reading, writing, and arithmetic.
SENATOR HUGGINS spoke of schools needing written permission from
parents for school nurses to dispense aspirin. He submitted that
school staff should not act as medical practitioners. This bill
reinforces that.
SENATOR GIESSEL stated that there is a distinct difference
between an educator in the school and an individual from outside
the school who works for a company or industry and promotes
their business and industry. The bill attempts to address that
in science class a teacher in presents unbiased facts and the
school would inform parents of controversial issues and there
would be a consent procedure.
4:44:01 PM
SENATOR GARDNER stated that Amendment 2 is about keeping Planned
Parenthood out of schools. She argued, "If you want students to
not be provided information on materials about sexuality or
about sexually transmitted diseases in schools, then just say
that. If you want the material to comply to the unbiased and
approved, say that. If you want parents to know about it and
give written permission for it, the bill already does that, with
or without this amendment." She stated that she does not see any
point to the amendment.
CHAIR DUNLEAVY said it was a good discussion.
SENATOR HUGGINS suggested there should be a separation of
Planned Parenthood and school.
SENATOR GARDNER said that is a different discussion. If the goal
is to prevent outsiders, or un-vetted material, or biased
material, many organizations could be listed without really
capturing what you want. What you want is that the material is
approved, not unbiased, and provided by qualified, competent
people, she said.
CHAIR DUNLEAVY said it was a good discussion. He removed his
objection to Amendment 2.
SENATOR GARDNER objected.
A roll call vote was taken. Senators Stevens, Huggins, Giessel,
and Dunleavy voted in favor of adopting Amendment 2 to SB 89,
and Senator Gardner voted against it. Therefore, Amendment 2 was
adopted by a 4 to 1 vote.
CHAIR DUNLEAVY opened public testimony.
4:47:28 PM
LINCOLN SAITO, Chief Operating Officer, North Slope Borough
School District, testified against SB 89. He said it encroaches
on the local school board's rights. People from the Regional
Corporation and non-profit corporations are welcome to come into
the schools to speak to students and do demonstrations and
surveys. It is the local school district's right to control who
goes into schools. He also objected to requiring written
permission for surveys.
4:49:37 PM
At ease
4:49:56 PM
JON WATTS, representing himself, testified in support of SB 89.
He said he is a member of a group called Alaskans Against the
Common Core. He spoke of privacy rights of parents and
opposition to the sharing of data by districts with outside
organizations.
4:52:27 PM
MONICA WATTS, representing herself, testified in support of SB
89. She voiced concern about Department of Education and Early
Development (DEED) restrictions on parents to make decisions
concerning their children.
4:53:36 PM
ALLISON CURRY, Staff, Planned Parenthood, testified in
opposition to SB 89. She said, as a reproductive health care
provider and a sexual health educator, Planned Parenthood sees
the devastating effects of sexual abuse and sexually transmitted
infections every day. While the bill appears to be about
parental rights, it does have dangerous consequences that put
the health and future of youth at risk, especially youth with
absent or disengaged parents. Parental involvement in their
children's education is vital and it should be encouraged.
However, Alaska has a child sexual abuse rate that is six times
higher than the national average. Alaska also continues to lead
the nation with the highest sexually transmitted infection (STI)
rates. Teens are at the highest rates for infection. In 2013, 63
percent of new cases of chlamydia were in 15 to 19 year-olds.
MS. CURRY said we should be working together to ensure that
Alaska youth has the resources and information they need to lead
healthy and productive lives. She opined that SB 89 does the
opposite of that. The bill would affect access not only to
sexual health education, but also extends to education on sexual
assault and awareness like in Erin's Law.
She said that Planned Parenthood does work closely with some
schools, community organizations, and other social service
agencies in Alaska to provide a variety of educational
opportunities that are tailored for each community. Subjects
that Planned Parenthood teaches are prevention, healthy
relationships, consent, values and boundaries, as well as
pregnancy prevention. By targeting providers of a safe and legal
service, who are also qualified providers of sexual health
education, this bill is cutting Alaska students off from the
education and information they need to make smart choices about
their health. Comprehensive sex education has consistently
proven to delay the onset of sexual activity and lower rates of
STI's, as well as lower teen pregnancy rates. She concluded that
we cannot afford to limit access to the tools that kids need to
make healthy choices. She asked the committee to consider the
health and safety of all Alaskan youth and pull SB 89 from
consideration.
SENATOR GARDNER asked about chlamydia and teen pregnancy rates
in Alaska.
MS. CURRY said Alaska has twice the national average for
chlamydia rates, and higher rates than that in some areas. She
said she would have to follow up with teen pregnancy rate
information.
CHAIR DUNLEAVY asked how long Planned Parenthood has been in
Alaska.
MS. CURRY replied that it has been in Juneau since June 2009,
but she did not know how long it has been in the state.
SENATOR GARDNER asked what the consequences of untreated,
undiagnosed chlamydia are.
MS. CURRY said infertility is the direst impact. Chronic pelvic
pain is another. She noted that chlamydia is asymptomatic, which
is an issue.
4:58:23 PM
SENATOR GIESSEL said despite Planned Parenthood's efforts,
chlamydia is rising. She said she has seen the undercover videos
of Planned Parenthood, which document inappropriate advice. She
asked if it was an issue for Planned Parenthood Northwest.
MS. CURRY asked for an example of the evidence.
SENATOR GIESSEL said there were many examples, such as underage
females being told not to disclose their age and abortion
advice.
MS. CURRY said Planned Parenthood has a strict requirement for
reporting sexual abuse of underage girls and no one would
instruct a young girl to keep that to herself. She pointed out
that Planned Parenthood is not at liberty to promote abortion.
The health care staff provides all pregnancy options and it is
up to the patient to make that decision. They abide by Alaska
state law regarding minors and notify parents if a minor were to
request abortion services.
5:01:25 PM
TARYN LUSKDEET, representing herself, testified in support of SB
89. She said she is a part of the IDEA Action Group and a member
of Alaskans Against the Common Core. She said she helped work on
a version of the bill, which would affirm parents' natural
rights. She did not think it was intended, but one version of
the bill puts parameters on parents' rights. Parental rights
trump local school boards' rights. She suggested changes to the
bill, such as Department of Education and Early Development
(DEED) shall recognize the natural rights of parents to direct
the education of their children.
5:06:02 PM
DR. BARBARA HANEY, representing herself, testified in support of
SB 89. She spoke strongly of parents' rights. She testified in
favor of the amendments. She spoke of a case in Oregon related
to Planned Parenthood where a teacher was fired. She said the
Planned Parenthood curriculum ties to the Common Core standards.
SENATOR GARDNER asked how the national sexuality standards are
tied to Common Core. She understood that Common Core standards
deal with language arts and math only.
DR. HANEY said that embedded in those standards is something
called "informational text." Planned Parenthood put together a
reading curriculum that is tied to the informational text in the
school district and they tie into the Common Core. She said
other providers use informational text that are keyed to Alaska
standards through the Common Core standards.
SENATOR GARDNER suggested that those materials have more to do
with curriculum, but not standards.
DR. HANEY spoke of the Medicaid expansion curriculum.
5:12:51 PM
JACK WALSH, Superintendent, Craig City School District,
testified against Amendment 2. He was hoping the providers would
be defined so that the helpers who come into the school would
not be banned. He said he does not wish to eliminate skilled
providers from talking to kids about important issues.
SENATOR GARDNER asked Mr. Walsh and other school districts what
the impact of all the provisions in the bill would be; the cost
of providing notice and tracking permission slips, the validity
of test results, particularly when they are used to measure
student progress and to evaluate teachers. She asked if there
were concerns about distorted data if parents pull their
children out of testing and about the overall impact on student
education and cost.
MR. WALSH said the Craig district is unique in that it serves
300 in Craig and 300 students across the state in a
correspondence program. If too many parents opt out on
assessments or surveys, the district doesn't get a good picture
of the school's climate or connectedness as a small district. He
added that mailing costs would be significant.
5:17:11 PM
ED GRAY, representing himself, testified in support of SB 89,
including the two amendments. He shared his experience with the
abortion industry. He said they have students make bad
decisions. He asked the legislature to help protect his
children.
5:20:52 PM
MIKE COONS, representing himself, testified in support of SB 89
and the two amendments. He spoke in favor of parental control
regarding education. He spoke against a variety of other
subjects taught.
5:23:56 PM
RACHELLE SIEBER, representing herself, testified in support of
SB 89, including the amendments. She spoke in favor of parental
rights and against Planned Parenthood. She recommended the
undercover program called Live Action.
5:25:35 PM
POISE BOGGS, representing herself, testified in opposition to SB
89. She questioned the wording in Section 1 regarding test
assessments. She question whether Section 1 would require
teachers to show parents the content of the tests, which isn't
allowed.
CHAIR DUNLEAVY said the intent is not to have anyone breech
protocols or test security.
MS. BOGGS asked where the intent is.
MS. MARCUM said Legislative Legal chose the language because it
is consistent with tests that are not measured by teachers.
5:29:07 PM
SACHA PETTITT, Teacher, Mat-Su Borough School District,
testified in support of SB 89. She suggested a correction to the
language to allow parents' natural rights. She pointed out that
parents' opting out indicates a need for a revision in the
curriculum.
CHAIR DUNLEAVY held SB 89 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 9. CS for SB 79 Amend re 12.56 percent.pdf |
SEDC 4/7/2015 3:30:00 PM |
SB 79 |
| 10. CS for SB 79 Explanation of Amend.pdf |
SEDC 4/7/2015 3:30:00 PM |
SB 79 |
| CS for SB 89 Amendment #1.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Explanation of Amend #1.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Explanation of Amend #2.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| CS for SB 89 Amendment #2.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 89 |
| 14. SB 37 - School Curriculum.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 15. SB 37 - Anchorage Parent Information.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 16. SB 37 - Fairbanks Erin's Policy.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |
| 17. SB 37 - OCS Child Sexual Abuse Stats FY14.pdf |
SEDC 4/7/2015 3:30:00 PM SEDC 4/9/2015 3:30:00 PM |
SB 37 |