Legislature(2013 - 2014)SENATE FINANCE 532
04/14/2014 09:00 AM Senate FINANCE
Audio | Topic |
---|---|
Start | |
HB239 | |
HB240 | |
HB241 | |
HB242 | |
HB234 | |
HB210 | |
HB378 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | HB 239 | TELECONFERENCED | |
+ | HB 240 | TELECONFERENCED | |
+ | HB 241 | TELECONFERENCED | |
+ | HB 242 | TELECONFERENCED | |
+ | HB 234 | TELECONFERENCED | |
+ | HB 210 | TELECONFERENCED | |
+ | HB 378 | TELECONFERENCED | |
+ | HB 75 | TELECONFERENCED | |
+= | SB 220 | TELECONFERENCED | |
+ | TELECONFERENCED |
CS FOR HOUSE BILL NO. 210(FIN) am "An Act relating to crisis intervention training for school personnel; and relating to restraint and seclusion of students in public schools." 10:25:24 AM REPRESENTATIVE CHARISSE MILLET, read from the sponsor statement: Alaska is currently one of the less than 15 states that have no statewide policy regarding how children can either be physically restrained or secluded in schools. Placing students in positions where they are immobilized or put into a room by themselves are emotionally charged subjects that require our attention. The conditions under which these actions are allowed are vague and require clarification. The three areas that require clarification include: what constitutes physical restraint and seclusion; under what conditions physical restraint and seclusion can be exercised; what actions are required of school personnel. Students need to attend a school that is safe. Parent need to know if their child was involved in an incident of restrain or seclusion and the reasons for these actions need to be clearly defined. School personnel and administrators need to know that the actions they take to protect the safety of their students were justified and that they will not be held liable for carrying out their duties correctly. House Bill 210 is a balanced approach to ensure school safety. It requires that a school district's safety plan be made available to parents, legal guardians, students and the public. If an incident of restraint or seclusion occurs, the student's parents or legal guardians need to be informed the same day as the incident. With the exception of emergency situations, only those who have undergone training approved by the Department of Education and Early Development can engage in physical restrain or seclusion. Each school district needs to report all instances of restraint and seclusion on an annual basis to the Department of Education and Early Development. HB 210 will protect students from trauma, keep parents informed of what happens to their child, and support teachers and school personnel tasked with incredibly difficult decisions. By ensuring a statewide, consistent set of rules, we make our schools safer for everyone. I would respectfully request your support. Representative Millet added that seclusion or restraint was a position of last resort and that the focus should be to de-escalate a bad situation. She highlighted that the training portion was the most important part of the legislation to ensure the protection of students and of the state. 10:28:35 AM Co-Chair Meyer understood that school districts lacked a current policy. Representative Millet replied that most school districts had a policy in place; however, smaller districts did not of a plan, nor had they been training staff with de- escalation, seclusion and restraining tactics. 10:29:08 AM Senator Hoffman queried whether the mandate would be funded. Representative Millet noted that there was a $14,000 fiscal note that would cover administration costs and that the Mental Health Trust Authority would put a program called "Train the Trainer" into place. This program would have a nominal cost of $200, which the sponsor hoped could be covers by the authority or another type of grant process, and would bring administrators from other communities in to train their peers in de-escalation and restraint tactics. 10:30:33 AM CHRISTIE REINHARDT, GOVERNOR'S COUNCIL ON DISABILITIES N SPECIAL EDUCATION, ANCHORAGE (via teleconference), testified in support of the legislation. She shared the story of her high-functioning, autistic son and his struggles in the public school system. She shared that some of the staff in his school had been trained in de- escalation techniques and positive behavior intervention support. She furthered that behavioral plans and functional behavioral assessments had been made available to her son. She believed that having the policies and procedures in place had protected her son and his peers. She felt that the legislation had been crafted to be the most useable and effective seclusion and restraint legislation. 10:33:47 AM JEANNE GERHARDT-CYRUS, SELF, KIANA (via teleconference), spoke in support of the legislation. She testified that her daughter had been diagnosed with Fetal Alcohol Syndrome Disorder (FASD) and had a hard time function in a traditional school setting. She lamented that the staff in her school had not been trained to handle students with behavioral disorders which would end up with the situation escalating negatively. She believed that the cost of the program was minimal when compared to the cost for school districts for mediation with parents. She shared that her daughter suffered Post Traumatic Stress Disorder due to her encounters in her early educational career. Co-Chair Meyer handed the gavel to Vice-Chair Fairclough. 10:37:40 AM Ms. Gerhardt-Cyrus shared her daughter's testimony: I strongly support this bill. When I was in school everyone thought that I was psychotic and that is why I have no friends. This year with the right services and no restraint or seclusion I am doing better and have been on the honor roll since the beginning of the year due to the fact that I can walk out and sign out when I need to go for a walk and clear my head. 10:38:35 AM MARK REGAN, DIRECTOR, DISABILITY LAW CENTER, ANCHORAGE (via teleconference), testified in support of the legislation. He stated that the use of restraint and seclusion in schools had been a major issue for approximately the past 10 years. He shared that on the national level there had been injuries and even deaths associated with the problem of proper restraint and seclusion for students. He offered that one of the drivers of the legislation was the notice provisions for parents. He discussed studies that indicated the misuse of restraint and seclusion in schools and that congress, as well as several other states, had entertained discussions of similar legislation. He thought that shifting over to an approved training models and support from the Department of Education and Early Development could make it easier for small schools districts in rural areas to properly care for students. Vice-Chair Fairclough CLOSED public testimony. 10:42:21 AM Senator Olson wondered if the sponsor had solicited the perspective of the medical community or healthcare providers. 10:42:39 AM VASILIOS GIALOPSOS, STAFF, REPRESENTATIVE CHARISSE MILLETT, stated that the sponsor had interacted with the Alaska Nurse's Association and other medical bodies, discussing particularly the provisions surrounding student safety. It was the understanding of the sponsor that the medical bodies that were involved in discussion of the bill in previous committees were satisfied with the legislation before the committee. 10:43:17 AM Senator Olson asked if the discussions had included providers that could prescribe medications for chemical restraint. Mr. Gialopsos replied that the definition of chemical restraint in the bill was the product of the Board of Nursing and associated nursing groups; it had been understood that any chemical that would be used for disciplinary purposes would be disallowed for use by school personnel, but would need to be handled by a medical professional, in a separate setting. CSHB 210(FIN)am was HEARD and HELD in committee for further consideration.