Legislature(2015 - 2016)BUTROVICH 205

04/09/2015 03:30 PM Senate EDUCATION

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Audio Topic
03:31:44 PM Start
03:32:29 PM SB89
05:21:31 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 89 PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE TELECONFERENCED
Moved CSSB 89(EDC) Out of Committee
+= SB 37 SEXUAL ABUSE/ASSAULT PREVENTION PROGRAMS TELECONFERENCED
Scheduled but Not Heard
         SB 89-PARENT RIGHTS: EDUCATION; SCHOOL ABSENCE                                                                     
                                                                                                                                
3:32:29 PM                                                                                                                    
CHAIR DUNLEAVY  announced the consideration  of SB 89. He  said a                                                               
committee  substitute  (CS)  was  adopted,  two  amendments  were                                                               
adopted  on 4/2/15  and public  testimony  is open.  He asked  if                                                               
there were further amendments for the committee to consider.                                                                    
                                                                                                                                
3:33:03 PM                                                                                                                    
SENATOR  HUGGINS   moved  to  adopt  Amendment   3,  labeled  29-                                                               
LS0735\P.6.                                                                                                                     
                                                                                                                                
                          AMENDMENT 3                                                                                       
                                                                                                                                
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     required by the department"                                                                                                
                                                                                                                                
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CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
BETHANY  MARCUM,  Staff,  Senator  Mike  Dunleavy,  Alaska  State                                                               
Legislature, explained Amendment 3 on behalf of the sponsor.                                                                    
                                                                                                                                
         Page 2, lines 12 and 13: remove the words "or                                                                          
       standards-based assessment or test required by the                                                                       
     department" to retain the validity of assessments.                                                                         
                                                                                                                                
       Throughout the CS, the language used is "standards-                                                                      
     based assessment  or test required by  the department."                                                                    
     This amendment  would change the word  "department" and                                                                    
     would be  replaced with  the work  "state" in  all five                                                                    
     instances.                                                                                                                 
                                                                                                                                
CHAIR  DUNLEAVY  noted  the  changes   were  as  a  result  of  a                                                               
discussion with Legislative Legal.                                                                                              
                                                                                                                                
CHAIR  DUNLEAVY removed  his objection.  There  being no  further                                                               
objection, Amendment 3 was adopted.                                                                                             
                                                                                                                                
3:35:04 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
3:35:40 PM                                                                                                                    
CHAIR DUNLEAVY said he intends to  move the bill out of committee                                                               
today. He opened public testimony.                                                                                              
                                                                                                                                
3:36:23 PM                                                                                                                    
CAYLEA  COLLUM,  Student,  Juneau  Douglas  High  School  (JDHS),                                                               
testified in  opposition to SB  89. She said  she is a  member of                                                               
Teen  Council at  JDHS, a  program that  provides youth  with the                                                               
opportunity  to teach  peers about  things such  as ways  to keep                                                               
one's sexuality  healthy and other information  about growing up.                                                               
She stated that SB 89 will take  away her right to a complete and                                                               
thorough education.  She reported  that every student  she talked                                                               
to was  in favor of sex  education. She concluded that  they want                                                               
to receive  a good education, be  well informed, and fix  some of                                                               
the issues they are facing.                                                                                                     
                                                                                                                                
3:38:30 PM                                                                                                                    
CHAIR DUNLEAVY asked  if Ms. Collum believes the  bill would stop                                                               
sex education in schools.                                                                                                       
                                                                                                                                
MS. COLLUM said yes.                                                                                                            
                                                                                                                                
3:39:02 PM                                                                                                                    
IZABELLA   POWERS,  Student,   University  of   Alaska-Southeast,                                                               
testified  in   opposition  to   SB  89.  She   said  she   is  a                                                               
representative  of student  government  at UAS.  She opined  that                                                               
youth  should have  access to  comprehensive  sex education.  She                                                               
shared  statistics about  the high  rates  of STD's  and rape  in                                                               
Alaska. She said sex education is important to all youth.                                                                       
                                                                                                                                
3:40:08 PM                                                                                                                    
CALVIN ZUELOW, Student, Juneau Douglas  High School, testified in                                                               
opposition to SB  89. He said he respects the  intent of the bill                                                               
to have  parental control of  their student's education,  but the                                                               
bill  is  damaging  to  the quality  of  sex  education  students                                                               
receive in  school. As a member  of the Teen Council,  he said he                                                               
wants  to ensure  that schools  have quality  sex education,  and                                                               
share  that information  with his  peers. He  noted the  positive                                                               
results toward  lowering statistics  due to sex  education, which                                                               
the  bill would  not allow  due to  Teen Council's  connection to                                                               
Planned Parenthood.                                                                                                             
                                                                                                                                
SENATOR GARDNER asked for information about Teen Council.                                                                       
                                                                                                                                
MR.  ZUELOW  explained that  Teen  Council  is by  invitation  to                                                               
classrooms at the  request of teachers on a  subject requested by                                                               
the teacher, such as values.                                                                                                    
                                                                                                                                
CHAIR  DUNLEAVY  asked  if  the   Teen  Council  uses  a  Planned                                                               
Parenthood curriculum.                                                                                                          
                                                                                                                                
MR. ZUELOW said yes.                                                                                                            
                                                                                                                                
3:42:34 PM                                                                                                                    
LAURA POWERS,  representing herself,  testified in  opposition to                                                               
SB 89. She shared statistics  about STD's, rape, and sexual abuse                                                               
in  Alaska.  She demanded  that  lawmakers  stand up  for  women,                                                               
children  and  Alaskans  by  supporting  medically  accurate  sex                                                               
education in schools.                                                                                                           
                                                                                                                                
CORBIN POWERS,  representing herself, testified in  opposition to                                                               
SB 89. She shared statistics  about STD's, rape, and sexual abuse                                                               
in  Alaska.  She demanded  that  lawmakers  stand up  for  women,                                                               
children  and  Alaskans  by  supporting  medically  accurate  sex                                                               
education in schools.                                                                                                           
                                                                                                                                
[MS. LAURA POWERS AND MS. CORBIN POWERS testified together.]                                                                    
                                                                                                                                
ANN YOUNG,  representing herself,  testified in opposition  to SB
89. The bill  limits the rights of children to  get the knowledge                                                               
they need  to make decisions  in their lives. She  voiced concern                                                               
about the  lack of safety for  women in Alaska. She  commented on                                                               
the  repercussions of  teen  pregnancy. She  said  people have  a                                                               
right to pursue happiness and need information to do so.                                                                        
                                                                                                                                
3:46:03 PM                                                                                                                    
SUE SCHRADER,  representing herself,  testified in  opposition to                                                               
SB  89. She  shared statistics  of the  high amount  of STI's  in                                                               
Alaska. She opined that the  facts are irrelevant when talking to                                                               
politicians. She said SB 89 substantiates that comment.                                                                         
                                                                                                                                
3:47:40 PM                                                                                                                    
DEANNA HOBBS,  representing herself,  testified in  opposition to                                                               
SB  89. She  shared her  experience as  a peer  educator in  Teen                                                               
Council  and  the  need  to  communicate  information  about  sex                                                               
education to  teens. She said  she has seen the  positive impacts                                                               
from such education.                                                                                                            
                                                                                                                                
SENATOR GARDNER asked if her  peers have accurate information and                                                               
where they get it.                                                                                                              
                                                                                                                                
MS. HOBBS  said a lot  of teens  go to websites  for information.                                                               
She  did not  think that  health classes  taught very  much about                                                               
sexuality.  Also,  some  teens   obtain  information  from  their                                                               
parents,  but  most   just  listen  to  their   friends  or  find                                                               
information on the internet.                                                                                                    
                                                                                                                                
3:50:22 PM                                                                                                                    
SENATOR  HUGGINS talked  about teen  suicide due  to alcohol  and                                                               
drugs.                                                                                                                          
                                                                                                                                
MS. HOBBS asked for clarification of his question.                                                                              
                                                                                                                                
SENATOR HUGGINS asked how they relate to sexual abuse and STD's.                                                                
                                                                                                                                
MS. HOBBS said drugs and alcohol do relate to these issues.                                                                     
                                                                                                                                
SENATOR  HUGGINS asked  how Juneau  statistics  compare to  other                                                               
places in the state.                                                                                                            
                                                                                                                                
MS. HOBBS said she is not aware of that.                                                                                        
                                                                                                                                
3:53:04 PM                                                                                                                    
PAULA TERREL,  representing herself,  testified in  opposition to                                                               
SB 89. She commented on limiting  testimony to one minute on such                                                               
an  important  topic.   She  said  she  finds  the   bill  to  be                                                               
prohibitive; it puts a clamp  on school districts. She maintained                                                               
that schools are  open to parents who wish their  children to opt                                                               
out  of programs.  She read  Fairbanks' opt  out policy  and said                                                               
that is  the way  it should  be, not to  have to  have permission                                                               
before they participate.                                                                                                        
                                                                                                                                
In  response to  a question  from Senator  Gardner regarding  the                                                               
accuracy  of  Planned  Parenthood's information,  she  understood                                                               
that Planned Parenthood can be  invited into the schools and they                                                               
strive for and are vetted for medical accuracy.                                                                                 
                                                                                                                                
CHAIR DUNLEAVY noted the presence of Senator Stevens.                                                                           
                                                                                                                                
3:56:05 PM                                                                                                                    
ESTHER SMITH,  representing herself,  testified in  opposition to                                                               
SB  89. She  stated  that  everyone knows  that  schools have  an                                                               
obligation   to   provide   education   to   students   that   is                                                               
comprehensive,  and age  appropriate. She  stressed that  healthy                                                               
sexuality should  be taught accurately  throughout the  state. It                                                               
is  appropriate  for  schools to  decide  that  certain  mandates                                                               
supersede parental opinions.                                                                                                    
                                                                                                                                
3:57:35 PM                                                                                                                    
JULIE STROEMER, representing herself,  testified in support of SB
89. She stated  that she has enormous concern  about her parental                                                               
rights in the school district. She  said she is opposed to people                                                               
from Planned Parenthood talking to students.                                                                                    
                                                                                                                                
3:59:23 PM                                                                                                                    
LYNN ESCOLA, representing herself,  testified in opposition to SB
89, as amended.  She said that the bill is  an attempt to destroy                                                               
Planned Parenthood, which is the  best provider of sex education.                                                               
She opined that  Alaska's young people are  not being well-served                                                               
in SB 89.                                                                                                                       
                                                                                                                                
4:01:05 PM                                                                                                                    
KAITLYN  ROBERTS, representing  herself, testified  in opposition                                                               
to SB  89. She cited the  high rates of STI's  and teen pregnancy                                                               
in Alaska  and the  need for  education in  order to  lower those                                                               
rates. She shared a personal story  about her own experience in a                                                               
sex education class  that did not negatively  affect her family's                                                               
values.                                                                                                                         
                                                                                                                                
4:02:34 PM                                                                                                                    
AMMIE TREMBLAY, representing herself,  testified in opposition to                                                               
SB  89.  She  said  she  is  a  supporter  of  comprehensive  sex                                                               
education.  SB 89  creates barriers  to comprehensive,  engaging,                                                               
and  science-based health  education and  community organizations                                                               
that  provide  it. Students  need  sex  education that  addresses                                                               
social responsibly and the science of reproductive health.                                                                      
                                                                                                                                
4:03:46 PM                                                                                                                    
JENNIFER WOOLY, representing herself,  testified in opposition to                                                               
SB  89. She  commented  on  the high  rate  of  STI's and  sexual                                                               
assault.  She   said  her   background  includes   sexual  health                                                               
education  and her  future career  is in  medicine. She  sees the                                                               
direct connection between education and  health. She spoke of the                                                               
children who do not have involved  parents and may not access the                                                               
information they  need. She stressed the  importance of medically                                                               
accurate,  age-appropriate  education   about  their  bodies  and                                                               
relationships. She asked that the  committee not force parents to                                                               
opt in.                                                                                                                         
                                                                                                                                
4:04:47 PM                                                                                                                    
JUDY MILLER, representing herself,  testified in opposition to SB
89. She  opined that  the bill is  damaging to  student's gaining                                                               
access  to vetted,  objective, medically  accurate sex  education                                                               
information,  as  provided  by  Planned  Parenthood.  An  opt-out                                                               
provisions for parents already exists,  but the bill is requiring                                                               
an  opt-in  provision.  She  thought  Section  2  was  especially                                                               
confusing regarding  opting in for  any test or survey  and would                                                               
be impossible to manage.                                                                                                        
                                                                                                                                
4:06:25 PM                                                                                                                    
JOHN   LEVY,   representing   himself,  Board   Member,   Planned                                                               
Parenthood,  testified   in  opposition  to  SB   89,  especially                                                               
Amendment 2. He recalled how  important sex education was for his                                                               
children.  He noted  misinformation  his  children's friends  had                                                               
about sexual  relations, pregnancy,  and disease. He  pointed out                                                               
that  Planned Parenthood  has developed  an accurate,  broad, and                                                               
excellent  information  program  for teaching  responsibility  to                                                               
kids of many ages. It is  up to the local school district whether                                                               
or not  to include these  programs. Sex education  reduces STD's,                                                               
and teen pregnancies, and delays intercourse.                                                                                   
                                                                                                                                
4:08:05 PM                                                                                                                    
THEUIA  PETERSON, representing  herself, testified  in opposition                                                               
to SB  89. She  said as  a student at  the University  of Alaska-                                                               
Anchorage she has found that many  of her peers do not know about                                                               
sexual  health  or  where  to  go for  help.  She  hoped  that  a                                                               
comprehensive  sex   education  program  would  lower   the  high                                                               
statistics regarding STI's and sexual assault in Alaska.                                                                        
                                                                                                                                
4:09:13 PM                                                                                                                    
MICHELLE  DAML,  Curriculum  Coordinator,  Fairbanks  North  Star                                                               
Borough School  District, testified in  opposition to SB  89. She                                                               
stated  that the  district's opt-out  process works  and is  more                                                               
realistic  than  an opt-in  policy.  The  district has  developed                                                               
brochures  and  documents  for  internal  and  external  research                                                               
guidelines  and  are  found  on  the  website.  This  legislation                                                               
implies that districts are not  currently protecting student data                                                               
and  takes the  decision  about surveys  and questionnaires  away                                                               
from local control.                                                                                                             
                                                                                                                                
SENATOR GARDNER  asked if there  would be  a fiscal impact  of an                                                               
opt-in policy.                                                                                                                  
                                                                                                                                
MS. DAML said it would require  many more hours to track students                                                               
for each activity.                                                                                                              
                                                                                                                                
SENATOR GARDNER asked what happens to the kids who opt out.                                                                     
                                                                                                                                
MS.  DAML  said  parents  can  keep  the  student  home  or  make                                                               
arrangements within school  with another teacher or  adult in the                                                               
building.                                                                                                                       
                                                                                                                                
SENATOR  HUGGINS asked  if students  need a  permission slip  for                                                               
field trips.                                                                                                                    
                                                                                                                                
MS. DAML said field trips  require permission slips and relevance                                                               
to academic lessons.                                                                                                            
                                                                                                                                
SENATOR HUGGINS concluded that they opt in for the field trip.                                                                  
                                                                                                                                
MS. DAML said yes, but if  the trip is related to the curriculum,                                                               
permission slips  are not  required, but it  is good  practice to                                                               
have them.                                                                                                                      
                                                                                                                                
4:13:30 PM                                                                                                                    
LINDA FILE,  representing herself, testified in  opposition to SB
89. She said she has been  a volunteer for Planned Parenthood and                                                               
stated  that Alaska  is in  extreme crisis  concerning STI's  and                                                               
sexual  assault.  Quality   reproductive  health  information  is                                                               
desperately needed  by Alaska's youth  and parents. She  said the                                                               
amendment disallows and demonizes  Planned Parenthood as abortion                                                               
services  providers. This  betrays  a serious  lack of  knowledge                                                               
about the  full range of  reproductive health education  and care                                                               
provided  through Planned  Parenthood.  As public  policy, it  is                                                               
misleading and misinformed and demeaning to women.                                                                              
                                                                                                                                
4:15:30 PM                                                                                                                    
PATSY BEHNER,  representing herself,  testified in  opposition to                                                               
SB 89.  She spoke  as a  former teacher  who believes  that teens                                                               
want  to be  responsible and  look to  the institutions  in their                                                               
lives,  such  as  school,  family,  and  Planned  Parenthood  for                                                               
essential  information.   She  stressed  the  need   for  quality                                                               
information  for students  and the  consequences without  it. She                                                               
spoke highly of Planned Parenthood education.                                                                                   
                                                                                                                                
4:16:44 PM                                                                                                                    
CHANDA FILE, representing herself,  testified in opposition to SB
89. She  said she is  a college  student and has  volunteered for                                                               
Planned Parenthood  and knows of  its positive impacts.  She said                                                               
teens deserve to have accurate information about sex education.                                                                 
                                                                                                                                
PETE  HOEPFNER, Cordova  School Board,  Cordova School  District,                                                               
testified in  opposition to SB  89. He voiced concerns  about the                                                               
validity of  test scores should  many students be allowed  to opt                                                               
out  of taking  them.  School  districts have  been  asked to  be                                                               
accountable  and teacher  evaluations now  include 50  percent of                                                               
their  evaluation based  on student  growth. Testing  scores help                                                               
address areas where student education is lacking.                                                                               
                                                                                                                                
SENATOR  GARDNER asked  about  the  cost of  time  and effort  to                                                               
gather necessary signatures for test taking.                                                                                    
                                                                                                                                
MR. HOEPFNER  spoke as a  parent about the difficulty  of keeping                                                               
track of  papers from  school. The data  the school  receives for                                                               
the Youth  Risk Survey is  not enough  to be relevant.  He opined                                                               
that  tests  provide valuable  information  the  schools need  to                                                               
have.                                                                                                                           
                                                                                                                                
4:20:10 PM                                                                                                                    
SENATOR STEVENS  voiced concern about  opting out of  testing and                                                               
how it  affects the child who  is not allowed to  take college or                                                               
vocational training tests.                                                                                                      
                                                                                                                                
MR.  HOEPFNER  had a  concern  about  the more  involved  parents                                                               
opting  out and  that  higher achieving  student  don't take  the                                                               
tests.  That sets  the  schools up  for  failure. Also,  students                                                               
won't be prepared for testing in college.                                                                                       
                                                                                                                                
4:22:40 PM                                                                                                                    
KATE FINN,  representing herself,  testified in opposition  to SB
89. She  said she  was a  sexual assault  nurse examiner  and she                                                               
strongly opposes  the bill as  it is currently written.  The bill                                                               
is not just  about sex education, but should be  a safety net for                                                               
kids.  Kids should  learn in  school how  to recognize  predatory                                                               
behavior. She  stressed that kids  need the  information provided                                                               
by  sex education.  She suggested  just allowing  parents to  opt                                                               
out.                                                                                                                            
                                                                                                                                
4:24:04 PM                                                                                                                    
AMY BOLLENBACH, representing herself,  testified in opposition to                                                               
SB  89.  She  said  she  agrees with  the  previous  speakers  in                                                               
opposition to  the bill. She  shared her experience as  a teacher                                                               
of human sexuality and stressed the need for the information.                                                                   
                                                                                                                                
4:25:25 PM                                                                                                                    
GINA CARPENTER, representing herself,  testified in opposition to                                                               
SB 89. She said  she is a registered nurse who  has worked in the                                                               
area  of sex  education  for  over 30  years.  She found  Planned                                                               
Parenthood  very  supportive  of  abstinence  and  birth  control                                                               
methods  and not  pushing  abortion. They  are  trained and  good                                                               
educators. She concluded that girls  with access to sex education                                                               
have lower pregnancies.                                                                                                         
                                                                                                                                
4:26:52 PM                                                                                                                    
JOAN DIAMOND,  representing herself,  testified in  opposition to                                                               
SB 89.  She spoke as a  former public health nurse  about the sex                                                               
education  she provided  in schools.  She stressed  the need  for                                                               
accurate information for students.                                                                                              
                                                                                                                                
4:28:14 PM                                                                                                                    
ROBIN SMITH, representing herself,  testified in opposition to SB
89. She said  parental support for school-based  sex education is                                                               
overwhelmingly   positive   as   information   that   supplements                                                               
conversations  at   home.  Planned   Parenthood  helps   fill  an                                                               
important gap left  by the state's inaction  of ensuring students                                                               
have  access  to  this  important information.  She  spoke  of  a                                                               
Planned Parent workshop for parents,  which encourages parents to                                                               
pass on their values to their children.                                                                                         
                                                                                                                                
4:30:15 PM                                                                                                                    
JULIE  BAIRD, representing  herself, testified  in support  of SB
89. She  said she believes  in protecting parental rights  and in                                                               
sexual  education and  is  teaching her  children  about it.  She                                                               
pointed  out  that there  are  many  programs available  for  sex                                                               
education.                                                                                                                      
                                                                                                                                
4:32:06 PM                                                                                                                    
LISA   EGAN  LAGERQUIST,   representing  herself,   testified  in                                                               
opposition  to  SB 89.  She  understood  that Amendment  2  would                                                               
prevent   Planned   Parenthood   from   providing   material   or                                                               
instruction  on sexually  transmitted diseases  and sexuality  in                                                               
public  schools. She  spoke of  an  excellent Planned  Parenthood                                                               
workshop on sexuality  for parents. She concluded  that she wants                                                               
to have the program in her kids' school for other parents.                                                                      
                                                                                                                                
4:33:34 PM                                                                                                                    
REPRESENTATIVE   LAURA   REINBOLD,  Alaska   State   Legislature,                                                               
testified in support  of SB 89. She said  parental involvement is                                                               
the key  to student success. She  said parents should be  able to                                                               
opt out of  programs like Planned Parenthood. She  spoke in favor                                                               
of parental rights.                                                                                                             
                                                                                                                                
4:35:09 PM                                                                                                                    
MIKE  HANLEY,  Commissioner,  Department  of  Health  and  Social                                                               
Services  (DHSS),  testified  on  SB  89.  He  said  the  opt-out                                                               
language  is problematic  for school  districts because  they are                                                               
required  to provide  state  assessments and  it  puts the  $96.7                                                               
million in  Title funds at  risk. It  forces districts to  make a                                                               
choice between complying  with state law or with  federal law. He                                                               
said he has  talked to the Assistant Secretary  of Education, who                                                               
made it clear  districts would be out of compliance  under SB 89.                                                               
He said currently the state has  the opportunity to have the data                                                               
that will show  how schools are doing. It  provides personal data                                                               
to parents  and to students  and provides group data  to schools.                                                               
Losing  that data,  especially in  small communities,  might make                                                               
the data invalid.                                                                                                               
                                                                                                                                
4:38:57 PM                                                                                                                    
SENATOR  STEVENS voiced  concern about  the language  that allows                                                               
parents to  opt out of taking  standards-based assessments, tests                                                               
required by  the state. He asked  what happens to those  kids who                                                               
don't  take those  tests.  They would  not be  able  to get  into                                                               
college or  into a training  program. Also, the  department would                                                               
not know how Alaska's students are doing.                                                                                       
                                                                                                                                
COMMISSIONER  HANLEY  said  standards-based tests  are  not  high                                                               
stakes tests  and will have  no impact on grades,  or employment,                                                               
but they  do provide  information to  students and  parents about                                                               
how districts are  doing. He used the example  of the Performance                                                               
Scholarship  to  make  his  point.  He  provided  an  example  of                                                               
students  that could  not score  well  on SAT,  ACT, or  WorkKeys                                                               
tests  in several  districts,  leading to  an  adjustment of  the                                                               
curriculum. He said he is  not afraid of accountability and looks                                                               
forward to making  informed decisions, but does not  want to lose                                                               
the data from test results.                                                                                                     
                                                                                                                                
4:41:34 PM                                                                                                                    
SENATOR  GARDNER  said  as  a  parent of  three  kids  in  public                                                               
schools, she was  very involved and made it her  business to know                                                               
how  things were  going and  to look  at the  work her  kids were                                                               
doing.  She said  she  felt  empowered to  opt  her  kids out  of                                                               
programs and situations.  She asked if parents can  still do that                                                               
now.                                                                                                                            
                                                                                                                                
COMMISSIONER HANLEY  said yes; parents  currently have  the right                                                               
to opt out. He described his experience as an educator.                                                                         
                                                                                                                                
4:43:17 PM                                                                                                                    
CHAIR DUNLEAVY asked if parents have inherent parental rights.                                                                  
                                                                                                                                
COMMISSIONER HANLEY agreed.                                                                                                     
                                                                                                                                
CHAIR DUNLEAVY  said there  should be no  issue with  having that                                                               
provision in SB 89.                                                                                                             
                                                                                                                                
COMMISSIONER HANELY said  there is a difference:  By codifying it                                                               
in SB  89 the  bill states that  "basically school  districts are                                                               
going to encourage the 'opt out,'" which is problematic.                                                                        
                                                                                                                                
CHAIR  DUNLEAVY  maintained  that  the bill  does  not  encourage                                                               
school districts, it states that parents have the right.                                                                        
                                                                                                                                
COMMISSIONER   HANLEY  countered   that   he  interprets   "shall                                                               
implement the policy to allow parents  to opt out" as opting out,                                                               
as opposed to  current state and federal law where  the state has                                                               
the responsibility  to assess  all students so  that there  is an                                                               
understanding of how schools are doing.                                                                                         
                                                                                                                                
CHAIR DUNLEAVY asked if the issue is the assessment part.                                                                       
                                                                                                                                
COMMISSIONER HANLEY said  that is what he is  addressing. He said                                                               
he does not have an issue with the other opt-out topics.                                                                        
                                                                                                                                
4:45:16 PM                                                                                                                    
SENATOR GARDNER read  in Section 1, "a local  school board shall,                                                               
in    consultation   with    parents,   teachers,    and   school                                                               
administrators,  adopt policies  to  promote  the involvement  of                                                               
parents  in   the  school  district's  education   program."  She                                                               
maintained  that schools  are always  trying to  involve parents.                                                               
She asked  if there  currently are  regulations or  statutes that                                                               
encourage  and  require  districts  and  schools  to  get  parent                                                               
involvement.                                                                                                                    
                                                                                                                                
COMMISSIONER HANLEY replied that one  of the teacher standards is                                                               
the  engagement of  parents.  He  said is  it  absolutely a  Best                                                               
Practice to engage parents.                                                                                                     
                                                                                                                                
SENATOR  GARDNER  noted  that  she and  the  commissioner  had  a                                                               
conversation about  the attendance requirement with  the existing                                                               
statute being  a tool to let  schools take a child  off the rolls                                                               
if  they have  unexcused absences  for  a long  period where  the                                                               
school believes a family has moved.                                                                                             
                                                                                                                                
COMMISSIONER  HANLEY  clarified  that   the  language  speaks  to                                                               
withdrawing a student  after 10 absences. It is  not designed for                                                               
a student  who is sick or  on vacation, nor to  punish a student.                                                               
The purpose  was to ensure  that districts did not  have students                                                               
who were not attending on  their rolls during the October funding                                                               
count.                                                                                                                          
                                                                                                                                
CHAIR DUNLEAVY agreed.                                                                                                          
                                                                                                                                
4:48:24 PM                                                                                                                    
SENATOR  GIESSEL understood  that opting  out of  standards-based                                                               
assessments was  deleted, as was  withdrawing from  a performance                                                               
standard.                                                                                                                       
                                                                                                                                
MS.  MARCUM  clarified  that  only   opting  out  of  performance                                                               
standards has been removed.                                                                                                     
                                                                                                                                
SENATOR STEVENS asked where that was done.                                                                                      
                                                                                                                                
MS. MARCUM said page 1, line 12.  She continued to say on page 2,                                                               
lines 12 and  13, it refers to the content  the parent is allowed                                                               
to review, not the test or assessment.                                                                                          
                                                                                                                                
CHAIR DUNLEAVY stated the standardized  test cannot be opened and                                                               
reviewed.                                                                                                                       
                                                                                                                                
SENATOR GIESSEL said  parents are not given the  option of opting                                                               
out of performance standards.                                                                                                   
                                                                                                                                
COMMISSIONER HANLEY agreed.                                                                                                     
                                                                                                                                
SENATOR GIESSEL  referred to  page 1,  lines 9  and 10,  where it                                                               
allows a  parent to withdraw his  or her child from  a standards-                                                               
based  assessment.   She  noted  leading  questions   and  values                                                               
contained in  those tests. She  asked whether the testing  has an                                                               
impact on jobs or college applications.                                                                                         
                                                                                                                                
COMMISSIONER HANLEY replied that they are not high-stake tests.                                                                 
                                                                                                                                
SENATOR  GIESSEL asked  if the  national tests  provide the  same                                                               
data as the SAT, ACT, and WorkKeys.                                                                                             
                                                                                                                                
COMMISSIONER  HANLEY  replied that  they  do.  They provide  data                                                               
based on  performance standards for comparison  to other students                                                               
around the state. He explained  that ACE and SAT allow comparison                                                               
with students around the country, a larger benchmark.                                                                           
                                                                                                                                
4:53:32 PM                                                                                                                    
SENATOR GIESSEL  concluded that the  standards-based test  may or                                                               
may  not  be  needed  to  determine  if  a  school  is  achieving                                                               
excellence.                                                                                                                     
                                                                                                                                
CHAIR  DUNLEAVY clarified  that there  are home  school students,                                                               
exchange  students,  and  private   school  students  who  go  to                                                               
college. He said they don't need  to take college entry tests. He                                                               
said  tests  are  tools  that help  the  practitioners.  He  said                                                               
parents have  rights. He questioned  what the purpose  of schools                                                               
is.  The  bill  states  that parents  have  inherent  rights.  He                                                               
questioned if  it is federal  law telling  the state what  to do.                                                               
Parents are questioning what the tests  do. It has changed from a                                                               
state focus to a federal focus.                                                                                                 
                                                                                                                                
4:57:44 PM                                                                                                                    
He reiterated the role of parents  and their right to decide what                                                               
tests their kids  should take. The bill  illustrates that parents                                                               
have  parental rights  and abortion  providers do  not belong  in                                                               
schools.  He questioned  the role  of the  federal government  in                                                               
schools and if there is school choice.                                                                                          
                                                                                                                                
5:03:09 PM                                                                                                                    
SENATOR HUGGINS  supported Chair  Dunleavy's comments.  He voiced                                                               
concern  about   the  government  versus  parents.   He  stressed                                                               
parents' rights.                                                                                                                
                                                                                                                                
CHAIR  DUNLEAVY thanked  Commissioner  Hanley.  He closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
5:07:36 PM                                                                                                                    
SENATOR  GARDNER  said  she  has   three  amendments.  She  moved                                                               
conceptual Amendment 4.                                                                                                         
                                                                                                                                
                          AMENDMENT 4                                                                                       
                                                                                                                                
      On page 1, beginning on line 12, to say "allowing a                                                                       
       parent to object and withdraw their child from an                                                                        
     activity, class, performance standard, or program."                                                                        
                                                                                                                                
CHAIR  DUNLEAVY  noted  the  bill   would  be  heard  in  another                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR  GARDNER said  she does  not sit  on that  committee. She                                                               
continued to  explain that  she proposes  to remove  the language                                                               
"because  of  concern  regarding" without  listing  the  concerns                                                               
because there are a number of  reasons why a parent would want to                                                               
withdraw a child.                                                                                                               
                                                                                                                                
SENATOR  HUGGINS  objected.  He  suggested  saying  "at  parental                                                               
discretion." He wanted to keep the menu of reasons in the bill.                                                                 
                                                                                                                                
CHAIR DUNLEAVY asked Senator Gardner to repeat the amendment.                                                                   
                                                                                                                                
SENATOR GARDNER repeated  the amendment. She did not  want to see                                                               
an itemized  list because  if a parent's  reason was  not listed,                                                               
they could not remove their child.                                                                                              
                                                                                                                                
A roll  call vote was taken.  Senators Gardner voted in  favor of                                                               
conceptual  Amendment  4  and   Senators  Huggins,  Giessel,  and                                                               
Dunleavy voted  against it.  Therefore, Amendment  4 failed  by a                                                               
1:3 vote.                                                                                                                       
                                                                                                                                
SENATOR GARDNER  moved conceptual Amendment  5. She said  on page                                                               
2, line  14, it says "ensuring  that when a child  is absent from                                                               
an activity, class, performance  standard, program, or standards-                                                               
based assessment  or test required  by the department  under this                                                               
section, the absence is not  considered an unlawful absence." She                                                               
said she  is concerned about  kids that leave school  without the                                                               
school  knowing where  they are.  She suggested  that there  be a                                                               
trigger that the  absence is the parent's choice.  The parent has                                                               
to let the school know what they are doing.                                                                                     
                                                                                                                                
CHAIR  DUNLEAVY   asked  for  the   wording  of   the  conceptual                                                               
amendment.                                                                                                                      
                                                                                                                                
                          AMENDMENT 5                                                                                       
                                                                                                                                
     SENATOR  GARDNER  said  "ensuring that  when  a  parent                                                                    
     removes a  child from  an activity,  class, performance                                                                    
     standard,  program,  or standards-based  assessment  or                                                                    
     test, if  the parent  notifies the school,  the absence                                                                    
     is not  considered unlawful." There  is a  problem with                                                                    
     truancy in  some places  and the  school does  not know                                                                    
     the difference unless notified by the parent.                                                                              
                                                                                                                                
CHAIR DUNLEAVY objected for discussion.                                                                                         
                                                                                                                                
SENATOR HUGGINS asked for the amendment to be restated.                                                                         
                                                                                                                                
SENATOR GARDNER  said she simply  wants a  way for the  school to                                                               
make a distinction between a parent  choice to remove a child and                                                               
an absence a parent may or may not know about.                                                                                  
                                                                                                                                
SENATOR  GIESSEL thought  that it  was already  established under                                                               
the title - "a parent's right to direct the education."                                                                         
                                                                                                                                
5:13:35 PM                                                                                                                    
CHAIR  DUNLEAVY  commented  that  if   a  child  is  AWOL  it  is                                                               
unexcused.                                                                                                                      
                                                                                                                                
SENATOR GARDNER questioned how the school would know.                                                                           
                                                                                                                                
5:14:11 PM                                                                                                                    
MS. MARCUM responded  that there are two sections  that apply. On                                                               
page 2,  line 16, "under  AS 14.30.020" was added  by Legislative                                                               
Legal  to  indicate  that  it  only  includes  the  absences  and                                                               
withdrawals covered under  the section. Also, on page  1, lines 7                                                               
and 8,  it says it  is up to the  school district to  develop the                                                               
policies for this.                                                                                                              
                                                                                                                                
5:15:16 PM                                                                                                                    
SENATOR GARDNER opined that (6) does  not give the school any way                                                               
to know that  when a child is  missing it is due  to the parent's                                                               
intent.                                                                                                                         
                                                                                                                                
CHAIR DUNLEAVY asked if the intent is notification.                                                                             
                                                                                                                                
SENATOR GARDNER  said she  wants the  school to  be able  to know                                                               
when a child is absent due to the parent's action.                                                                              
                                                                                                                                
SENATOR  HUGGINS  offered to  carry  the  amendment to  the  next                                                               
committee of referral.                                                                                                          
                                                                                                                                
SENATOR GARDNER agreed; she withdrew Amendment 5.                                                                               
                                                                                                                                
5:17:01 PM                                                                                                                    
SENATOR GARDNER  moved the committee  recede from the  passage of                                                               
Amendment 2,  labeled 29-LS0735\P.2,  on the  grounds that  it is                                                               
unconstitutional. She noted there is a legal opinion on it.                                                                     
                                                                                                                                
CHAIR DUNLEAVY countered  that the legal opinion  says it "raises                                                             
equal protection  and may implicate  First Amendment  rights". He                                                             
said many legal opinions are written  this way, because it is not                                                               
certain until tested by a legal case.                                                                                           
                                                                                                                                
SENATOR GARDNER  declined to  proceed with  her motion  to recede                                                               
from the passage of Amendment 2.                                                                                                
                                                                                                                                
CHAIR DUNLEAVY noted a zero fiscal note.                                                                                        
                                                                                                                                
5:18:24 PM                                                                                                                    
SENATOR  HUGGINS moved  to  report CS  for SB  89,  version P  as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR DUNLEAVY announced that without  objection, CSSB 89(EDC) is                                                               
reported from the Senate Education Standing Committee.                                                                          
                                                                                                                                
CHAIR  DUNLEAVY  noted  that  he   supports  Senator  Huggins  in                                                               
carrying  conceptual  Amendment  5   to  the  next  committee  of                                                               
referral  and wishes  to discuss  conceptual Amendment  4 further                                                               
with Senator Gardner and possibly include that as well.                                                                         

Document Name Date/Time Subjects
SB 89 Legislation.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Sponsor Statement.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
SB 89 Fiscal Note.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
SB 89 - Emails of Support.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Explanation of Changes.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Sponsor Statement.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Legislation.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
SB 89 Emails of Support.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 89
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
CS for SB 89 Explanation of Amend P6.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 Amendment P6.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
1. SB 37 Legislation.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
2. SB 37 Fiscal Note.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
3. CS for SB 37 - Legislation.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
4. CS for SB 37 Sponsor Statement.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
5. CS for SB 37 - Explanation of Changes.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
6. CS for SB 37 - David Holthouse Article.pdf SEDC 4/9/2015 3:30:00 PM
SB 37
11. CS for SB 37 - Cindy Moore Teen Dating Violence Letter.pdf SEDC 4/9/2015 3:30:00 PM
SB 37
8. CS for SB 37 - ANDVSA Letter of Support.pdf SEDC 4/9/2015 3:30:00 PM
SB 37
9. CS for SB 37 - Nebraska Lindsay Ann Burke Act.pdf SEDC 4/9/2015 3:30:00 PM
SB 37
10. CS for SB 37 - Sectional Analysis.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
8. CS for SB 37 - Cindy Moore Teen Dating Violence Letter.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
12. CS for SB 37 - Nebraska Lindsay Ann Burke Act.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
13. CS for SB 37 - ANDVSA Letter of Support.pdf SEDC 4/2/2015 3:30:00 PM
SEDC 4/9/2015 3:30:00 PM
SB 37
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
CS for SB 89 Explanation of Amend #1.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 packet 1 testimony.pdf SEDC 4/9/2015 3:30:00 PM
SB 89
CS for SB 89 packet 2 testimony.pdf SEDC 4/9/2015 3:30:00 PM
SB 89