Legislature(2017 - 2018)BUTROVICH 205
02/12/2018 08:00 AM Senate EDUCATION
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| Audio | Topic |
|---|---|
| Start | |
| SB171 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 171 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 171-CHILD ABUSE;TRAINING PROGRAMS;BREE'S LAW
8:00:08 AM
CHAIR STEVENS announced the consideration of SB 171. [SB 171,
version 30-GS2847\A, was before the committee.]
CHAIR STEVENS announced his intent to hear and hold the bill.
8:00:56 AM
MICHAEL JOHNSON, Ph.D., Commissioner, Department of Education
and Early Development (DEED), presented information on SB 171.
He said that over the past year he has heard from hundreds of
Alaskans that one of their prominent concern is the safety and
well-being of children. Parents, educators, community members,
and students sense the evolving threat that faces children as
they mature. SB 171 recognizes that Alaskans must be vigilant in
their awareness of those threats and must be equipped to defeat
them. The bill connects mandatory reporting with mandatory
training and updates training to include information about
grooming behavior. The bill recognizes that crisis response
training saves lives and returns to mandating annual training
for crisis response training.
8:03:43 AM
KAREN FORREST, Deputy Commissioner, Department of Health and
Social Services (DHSS), presented information on SB 171. She
said practitioners of the healing arts (such as mental health
counselors, nurses, doctors, dentists, etc.), child care
providers and others, including peace officers, are already
mandatory reporters of child abuse and neglect under Alaska law.
Under SB 171, those who are mandatory reporters would have
training about signs of child abuse and neglect and procedures
about reporting. The more Adverse Childhood Experiences (ACES)
children have, the greater their chances of having health,
mental health, and substance abuse problems as they grow up. The
state needs to id those children and families who need help and
connect them to resources. SB 171 would require all mandatory
reporters, not just state staff and educators, to have access to
and receive training so they fully understand their obligation
to report and know how to report. DHSS would make online
training and curriculum available to the public at no cost. DHSS
would maintain a database of utilization of training. Training
participants could print a certificate of completion. DHSS would
annually notify licensed child care providers how to access
training by posting information on its website and the Alaska
Online Public Notice System. The bill would have a minimal
impact on DHSS. It already offers training on child neglect and
abuse reporting on the Office of Children Service's website. The
bill would require minimal changes to the training platform.
Keeping children safe is an important public concern and
ensuring that all mandatory reporters have training is a step
toward that endeavor.
8:06:57 AM
CHAIR STEVENS said the introduction references "substantiated
allegations" of abuse. He asked Ms. Forrest to explain that. He
also wondered whether suspicions can be reported.
8:07:27 AM
MS. FORREST replied that anyone with a suspicion that child
abuse or neglect has occurred must report it. Then the Office of
Children's Services (OCS) investigates and decides what action
to take.
8:08:27 AM
CHAIR STEVENS asked about the phrase "grooming" and how to
differentiate legitimate people working with youth.
8:08:37 AM
MS. FORREST said grooming refers to someone trying to engage a
youth or child in an inappropriate, sexual or romantic,
relationship. Grooming is trying to get youth to want to be in
the relationship
SENATOR BEGICH said a school district asked over the weekend if
this is mandating something new for parents. He asked whether he
was correct when he answered that no, it mandates some very
specific training pieces for what the state already does and
changes the frequency of that.
8:09:53 AM
COMMISSIONER JOHNSON said he agreed with Senator Begich because
DEED already offers training about child abuse prevention. This
would add what is known about grooming behavior.
SENATOR BEGICH asked him to draw the connection to DEED's Alaska
Education Challenge.
8:10:35 AM
COMMISSIONER JOHNSON said one of the repeated narratives of all
the input about the Alaska Education Challenge and the state's
Every Student Succeeds Act accountability plan is that parents
want to know their children are safe and well at school. This
bill addresses that the state must always be vigilant and update
training to address current needs.
SENATOR HUGHES said the fourth paragraph of the sponsor
statement talks about expanding existing training for parents
and teachers, but not all parents are required to receive
training. She asked for clarification about who the mandatory
reporters are.
8:12:12 AM
MS. FORREST responded that state statute requires training for
state staff and educators. SB 171 expands the training
requirement to other mandatory reporters. They are practitioners
of the healing arts (a broad group of people that includes
athletic trainers, chiropractors, social workers, dental
hygienists, psychologists, physicians, etc.), peace officers,
child care providers, paid employees of domestic violence and
sexual assault programs, etc. There is a long list of mandatory
reporters, but only state staff and educators are required to
have training. This bill expands the required training of
mandatory reporters.
SENATOR HUGHES said then a lot of Alaskans would be required to
have training. The bill states that an employer can provide
training if it is up to par with what the department provides.
She asked if the department would be reviewing that training to
approve it.
MS. FORREST said that is not a requirement of the legislation.
SENATOR HUGHES asked if an employer states that adequate
training is being provided, would the department check the
quality of the training.
8:14:38 AM
MS. FORREST said not that she is aware of.
SENATOR GIESSEL said section 9 appears to annually mandate
continuing education credits for clinicians. On page 8,
beginning on line 5, the bill would allow substitutions of these
credits for other continuing education credits that are required
under AS 08. Using herself as an example, she said she renews
her license every two years. She asked how DHSS will enforce or
evaluate compliance with an annual mandatory continuing
education.
8:15:58 AM
MS. FORREST said the bill does not require DHSS to monitor
compliance.
SENATOR GIESSEL responded that since the Department of Commerce,
Community and Economic Development (DCCED) must do that, perhaps
she should ask that department.
SENATOR BEGICH said that although he liked the idea of the bill,
he questioned whether there is truly a zero fiscal note. DCCED
should be asked how it plans to enforce mandatory training.
8:17:05 AM
SENATOR HUGHES asked if this is required and a person does not
comply, what is the underlying penalty. She did not see an
answer in the bill. DCCED would inform people of training
opportunities. Would the person not get the license?
MS. FORREST said that is correct.
CHAIR STEVENS brought up the example of abusive priests going
from church to church. He asked how that would be prevented in
school districts.
COMMISSIONER JOHNSON said colleagues will present the section
that addresses that, reference protection.
8:18:54 AM
SENATOR BEGICH thanked the sponsors for naming it Bree's Law and
mentioned her parents, Butch and Cindy Moore.
8:20:16 AM
BOB WILLIAMS, Director of Educator and School Excellence,
Department of Education and Early Development (DEED), presented
the sectional analysis for SB 171. He said SB 171 expands
protections for Alaska's children from school crisis, child
abuse, neglect, and dating violence with an emphasis on expanded
protections against child sexual predation abuse.
Sec. 1: Amends uncodified law to name AS 14.30.356
"Bree's Law."
8:21:08 AM
MR. WILLIAMS said section 2 clarifies reporting requirements for
clergy members.
Note: Sec. 2 Technical edit - requires the Board of
Marital and Family Therapy to not only inform their
licensees that they are mandatory reporters (as is
required in current statute) but also of the training
they would be required to take with this bill.
Sec. 2: Amends the Board of Marital and Family Therapy
licensing statute to require the board to inform their
licensees of the mandatory reporter training required
under AS 47.17.021.
SENATOR GIESSEL asked why he referred to clergy when section 2
refers to marital and family therapy.
CHAIR STEVENS reiterated the question.
TODD BROCIOUS, Education Administrator, School Health and
Safety, Department of Education and Early Development (DEED),
said section 2 clarifies the exclusion for clergy members from
the mandated training.
8:22:41 AM
SENATOR GIESSEL asked DEED to please review their sectional. She
believes that Chapter 08.63 refers to marital and family
therapist. She asked for more illumination on how clergy are
included in the language "the required training" on page 2, line
10, when referencing marital and family therapy.
CHAIR STEVENS said the legislature cannot require clergy to be
trained.
MR. BROCIOUS said he thought that section stated that clergy are
exempted from mandated reporting to some degree.
CHAIR STEVENS asked why.
MR. BROCIOUS said that was outside the purview of DEED. He said
he could not speak to that.
8:24:10 AM
SENATOR BEGICH said he did not think the presenters were
prepared to present the bill. He heard misunderstanding about
DCCED. He did not understand that section. The committee has an
obligation to make sure the people who come before it are ready
to discuss a bill.
CHAIR STEVENS said no disrespect. They should take more time if
needed.
STACIE KRALY, Chief Assistant Attorney General, Department of
Law, provided information on SB 171. She said Senator Giessel is
correct. Section 2 does deal with licensed marital and family
therapists. On page 2, line 10, the bill makes a specific
reference to AS 47.17.020, which is the existing statute dealing
with mandatory reporters. The amendment on line 10 references AS
47.17.021, which is the mandatory education section. In the
occupational licensing statute, the only place where mandatory
reporting is specifically referenced in state law is in this
section for marital and family therapists, and not for other
providers. Each board deals with mandatory reporting
requirements through regulation or whatever policy it has. So
when the bill amends the law to make training mandatory, it was
felt that the cross reference was needed.
8:26:56 AM
SENATOR GIESSEL said but the statement was made that this
somehow affects or exempts clergy.
MS. KRALY said this section has nothing to do with clergy. AS
47.17.020 has no requirement that individuals who are clergy or
members of a religious organization be mandatory reporters. The
bill does not amend AS 47.17.020 to add them.
SENATOR GIESSEL asked whether they remain exempted because they
have never been included.
MS. KRALY said that is her understanding.
SENATOR BEGICH said Senator Stevens had brought up the Catholic
Church abuse, which is something that has been an issue for him
for almost a decade. He asked whether Director Williams had
misspoken in the clergy comment.
MS. KRALY said yes, section 2 does not address the clergy.
8:29:14 AM
SENATOR BEGICH said he would like clergy to be included. He
asked whether there was anything in the bill that would include
clergy.
MS. KRALY said there are no amendments to who must be mandatory
reporters. This bill is just about requiring training for those
who are already mandatory reporters in state statute.
SENATOR BEGICH said then he could be reassured that they will
understand what the bill does by the time they are done. And the
bill does not address clergy.
CHAIR STEVENS asked whether it could address clergy.
MS. KRALY said the committee could have a conversation with the
administration about whether to include clergy with mandatory
reporters, but that was not the purpose of the bill.
CHAIR STEVENS asked Senator Begich if he would want Senator
Stevens' aide to work with the department on a committee
substitute.
8:30:54 AM
SENATOR BEGICH said perhaps, but he noted that section 3 would
address situation of known abusers moving to new places, which
would have addressed the situation in archdioceses of known
sexual abusers being sent to villages.
MS. KRALY said section 3 is an immunity provision under Title 9
of the Alaska statutes for disclosing information about sexual
abuse or misconduct to a prospective employer, but it is limited
to an educational facility. Section 3 is about school districts.
It would not apply to the scenario Senator Begich described.
CHAIR STEVENS said the committee is not happy with the clergy
excluded. He asked Ms. Kraly to give that some thought.
SENATOR HUGHES said she would like to know the history of why
clergy is excluded.
8:33:04 AM
CHAIR STEVENS said Ms. Kraly understands where they want to go.
Perhaps there is a good reason clergy is excluded, but if there
is not they would like to see something along those lines.
MR. WILLIAMS continued the sectional analysis.
Note: Sec. 3 Provides limited immunity to employers
who share information regarding substantiated
accusations of child abuse or misconduct.
Sec. 3: Adds a new subsection to the job performance
immunity statute providing limited immunity to
employers who disclose information on a current or
former employee regarding substantiated accusations of
sexual abuse or misconduct of a minor. This change
would help prevent persons with a history of sexual
abuse or misconduct from moving from one school
district to another without the consequences or
knowledge of their prior behavior being known.
8:34:26 AM
Note: Sec. 4-6 In conjunction with Section 8 of the
bill, removes the crisis response plan training from
being required every 2-4 years and updates it to being
required annually.
Sec. 4: Removes crisis response plan training in AS
14.08.111 from being required every 2 to 4 years by
deleting the reference to AS 14.33.100.
Sec. 5: Removes the required crisis response plan
training in AS 14.14.090 from being required every 2
to 4 years by deleting the reference to AS 14.33.100.
Sec. 6: Removes the required crisis response plan
training in AS 14.16.020 from being required every 2
to 4 year by deleting the reference to AS 14.33.100.
8:35:30 AM
MR. BROCIOUS said various data show that grooming behavior is a
huge problem in Alaska and awareness of this issue needs to be
heightened across the state. DEED can seamlessly add this
information on grooming into their existing training with zero
fiscal note.
Note: Sec. 7 Enhances current training requirements
for teachers and parents.
Sec. 7: Modifies existing requirements in AS 14.30.355
for teachers and parents to receive training relating
to sexual abuse of a minor to include signs of
grooming behavior.
8:37:25 AM
CHAIR STEVENS asked if "grooming" is the right psychological
term because it seems "light" considering the topic.
MR. BROCIOUS said it is commonly used national nomenclature.
8:38:01 AM
MR. BROCIOUS said from 1999-2015, the law required crisis
response training to be done on an annual basis. Returning it to
an annual requirement is consistent with Alaska's long-term
standard for crisis response training. Alaska also has many
schools that operate in relative isolation. School staff must be
prepared to be the first-responders until help arrives.
Note: Sec. 8 In conjunction with Sections 4-6 of the
bill, changes the crisis response training schedule
from being required every 2-4 years to annually. The
crisis response plans are updated annually and revised
as needed. Requiring a training every 2-4 years means
employees can be operating on outdated plans during a
crisis situation.
Sec. 8 Amends AS 14.33.100 to require school districts
provide training in crisis response annually.
8:39:34 AM
Notes: Sec. 9-10 Expands who is required to take the
mandatory reporter training to all mandatory reporters
under AS 14.17.020, instead of just state and school
district employees.
Sec. 9 Adds a new subsection to AS 47.17 requiring
persons who are mandatory reporters to receive
training on the recognition and reporting of child
abuse and neglect. Current statute only requires
mandatory reporters who are state or school district
employees to receive this training. Requires the
Department of Health and Social Services (DHSS) to
make available the required training and a certificate
of completion either electronically or in a printable
version. Requires the department to annually inform
child care providers licensed under AS 47 of this
training requirement.
Requires the Department of Commerce, Community, and
Economic Development to annually inform impacted
licensees of this training requirement and the
available training on DHSS's website.
8:40:00 AM
Sec. 10 Amends AS 47.17.022 to require mandatory
reporter training for volunteers who are existing
mandatory reporters under AS 47.17.020.
8:40:38 AM
Note: Sec. 11-15 Technical provisions relating to
uncodified law, instructions to the Revisor, and
effective dates.
Sec. 11 Amends uncodified law, adding a new section
naming AS 14.30.356 Bree's Law.
8:41:08 AM
Sec. 12 Adds instruction to the Revisor to amend the
catch line of AS 47.17.022 from "training" to
"training for persons who are employed by the state or
a school district and required to report abuse or
neglect of children."
Sec. 13 Adds a retroactive clause for the naming of
Bree's Law to June 30, 2017 (Sections 1 and 11).
Sec. 14 Makes the retroactive clause in Section 13
effective immediately.
Sec. 15 All other sections of the bill take effect
January 1, 2019.
8:41:53 AM
SENATOR HUGHES noted that section 10 refers to volunteers in
schools. She asked how is it determined when a parent or
community volunteer must take the training.
MR. BROCIOUS said it is defined in law as anyone volunteering
more than 4 hours a week.
SENATOR HUGHES said there could be someone simply doing
paperwork who is not interacting with students, but she sees the
need to have some standard.
8:42:57 AM
CHAIR STEVENS asked whether parents or foster parents have
access to this training.
MR. BROCIOUS said the DEED training is targeted to educators.
OCS has better training online.
CHAIR STEVENS said this did not include community athletic
programs that are outside the schools.
MR. BROCIOUS said correct.
SENATOR HUGHES asked if this applied to educators and volunteers
at private schools.
8:43:55 AM
MR. BROCIOUS said each school district provides notice to
private schools located in the school district about the
availability of training.
SENATOR HUGHES said they are invited, but are they required to
participate in training.
MR. BROCIOUS read, "Each school district that provides training
under this section shall provide notice to public and private
schools located in the school district of the availability of
the training and require volunteers who are required to report
abuse or neglect of children to participate in the training." So
they are required to provide notice, he said.
SENATOR HUGHES asked whether private school employees are
required to take the training and are they mandatory reporters.
MR. BROCIOUS said he would need to look into that.
8:45:42 AM
SENATOR GIESSEL said she is surmising that if teachers in
private schools are certified, then DEED has jurisdiction over
mandating training for them.
MR. BROCIOUS said yes, if they are certified. Alaska has four
trainings as a condition for getting a teaching certificate and
this is one of them.
CHAIR STEVENS asked if many teachers in private schools are not
certified.
MR. BROCIOUS said that was correct.
8:46:26 AM
SENATOR BEGICH asked if any potential costs to school districts
have been considered.
MR. BROCIOUS said all districts use DEED's online sexual abuse
and sexual assault prevention training. DEED absorbs the cost
for updating training. Until 2015, the crisis response training
was required annually. He did not know if there had been a
significant change in practice since then. It is possible there
could be a fiscal note to districts.
SENATOR BEGICH said there might be a way to measure that.
MR. BROCIOUS said yes.
SENATOR HUGHES asked whether noncertified teachers,
administrators, and volunteers in private schools are mandatory
reporters. She asked how long the annual training takes.
8:49:26 AM
MR. BROCIOUS said the addition of grooming is just two to three
minutes of content to the existing sexual abuse and sexual
assault prevention training. It would not significantly extend
the time burden. Each school develops and tailors its own crisis
response training. DEED provides resources to frame and organize
the crisis response training, but it is implemented at the
school level.
SENATOR HUGHES asked how much time is required for training for
all those in the healing arts who have not been required to be
trained in the past.
MR. BROCIOUS said he can only speak to DEED's training. Its
course is about 90 minutes long. OCS has its own training.
TRACY SPARTZ CAMPBELL, Deputy Director, Office of Children's
Services, Department of Health and Social Services (DHSS),
presented information on SB 171. She said the OCS online
training takes 30 to 45 minutes. Participants can stop the
training and return to it later.
8:51:39 AM
SENATOR HUGHES asked if there had been any discussion with those
in the health care field about where they stand on this new
requirement.
MS. CAMPBELL replied that there had been no discussions with the
medical field about the OCS training.
MR. BROCIOUS said DEED has provided technical assistance events
to superintendents and discussed the bill with them. There was
not much articulated concern about the additional two minutes to
include grooming information.
CHAIR STEVENS asked if any other agencies wished to testify or
if there were any public testimony.
SENATOR COGHILL said the requirement was changed to every two
years because of other mandatory trainings early in the school
year. He asked for a list that showed the scope of what is
required. Last year they had asked how to collapse those
training requirements into a single unit.
8:53:19 AM
MR. BROCIOUS said each certificated staff is required to receive
the training once every four years. Every two years at least 50
percent of the staff must be trained. By four years all staff in
the district need to be trained. Some training in that schedule
did not seem a natural fit. Since only a few people need to be
trained on restraint and seclusion, that was removed from the
training cycle. Crisis response training also was not a natural
fit. Some of the trainings that do align well to that schedule
are gender and race equity, drug and alcohol disabilities, the
sexual abuse and sexual assault training, suicide prevention,
dating violence, and child abuse and neglect.
CHAIR STEVENS said the committee has enormous interest and hoped
for responses to their many questions. Senator Hughes asked to
include other agencies.
SENATOR BEGICH said that he will be developing an amendment on
the clergy issue to bring to the committee.
8:55:24 AM
SENATOR GIESSEL said she would submit to Chair Stevens some
questions related to other clinicians and providers that would
fall under this bill for the Department of Commerce, Community
and Economic Development to answer.
LISA SKILES PARADY, Ph.D., Executive Director, Alaska Council of
School Administrators, commented on SB 171. She said her members
support the intent of this legislation, but they agree that many
things need to be answered. Specifically, the fiscal impact to
school districts for implementation needs to be considered. She
shared that Commissioner Johnson had recently asked if her
organization would poll school districts about this. She said
she would be happy to share the results with the committee.
SENATOR COGHILL said a year ago they were working on how to
combine trainings, everything from emergency management to
lockdowns. He said it seems that they are working on it but
doesn't know if they are there yet.
MS. PARADY responded that she is the voice of "please, no more
additional unfunded mandates." Her members are feeling the load
and pressure of layers and layers of unfunded mandates at a time
when they need to focus even more closely on the core mission of
education. She appreciated Commissioner Johnson's on-the-ground
understanding of that and he has been working on how to lessen
that responsibility on school districts.
8:58:28 AM
SENATOR HUGHES said she requests public testimony be left open
because the training requirement affects thousands of people and
they are also now discussing clergy.
8:59:12 AM
ACTING CHAIR COGHILL agreed and also noted he would yield to the
chair of the committee for that.
SENATOR BEGICH said they discussed unfunded mandates last year.
They did not get a list of those last year, and he hoped that
Ms. Parady could provide that list.
MS. PARADY said she would work with DEED and provide that list.
ACTING CHAIR COGHILL said they will be working on the challenge
of safety in schools. He said the question of how they corral
all the safety issues will be something this bill will keep
pushing the envelope on.
9:00:01 AM
SENATOR HUGHES said the list of unfunded training mandates
should also be included and their time requirements.
MS. PARADY said she would work with the department to provide
that list. She said prioritizing the safety of students every
day is core to her beliefs and the beliefs of her members. They
recognize the importance of these laws, but she is confident
that the highest priority every day of educators is the safety
of their students.
ACTING CHAIR COGHILL said he looked forward to getting further
information about their questions.
[SB 171 was held in committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB171_ChildAbuseBreesLaw_BillText_VersionA.PDF |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |
| SB171_ChildAbuseBreesLaw_TransmittalLetter.pdf |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |
| SB171_ChildAbuseBreesLaw_Sectional_Version A.pdf |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |
| SB171_ChildAbuseBreesLaw_FN1_DCED.pdf |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |
| SB171_ChildAbuseBreesLaw_FN2_DHSS.pdf |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |
| SB171_ChildAbuseBreesLaw_FN3_DEED.pdf |
SEDC 2/12/2018 8:00:00 AM |
SB 171 |