Legislature(2013 - 2014)SENATE FINANCE 532

04/14/2014 09:00 AM Senate FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 239 EXTEND BOARD OF EXAMINERS IN OPTOMETRY TELECONFERENCED
Heard & Held
+ HB 240 EXTEND BOARD OF CHIROPRACTIC EXAMINERS TELECONFERENCED
Heard & Held
+ HB 241 EXTEND BOARD OF MARITAL & FAMILY THERAPY TELECONFERENCED
Heard & Held
+ HB 242 EXTEND PT & OCCUPATIONAL THERAPY BOARD TELECONFERENCED
Heard & Held
+ HB 234 EXTEND REGULATORY COMMISSION OF ALASKA TELECONFERENCED
Heard & Held
+ HB 210 SCHOOLS: RESTRAINT, SECLUSION, CRISIS TRG TELECONFERENCED
Heard & Held
+ HB 378 MOTOR VEHICLES: REGISTRATION, COMMERCIAL TELECONFERENCED
Heard & Held
+ HB 75 CONTRIBUTION FROM PFD: AUDITS; UNIVERSITY TELECONFERENCED
Scheduled But Not Heard
+= SB 220 PERS/TRS STATE CONTRIBUTIONS TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled 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.                                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SB220 Public Testimony - Combs.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Rushing.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 PERSTRS Funding - Pearce.msg SFIN 4/14/2014 9:00:00 AM
SB 220
Sb220 Unfunded Liability - Trumbower.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 - Yes Public Testimony - Mohn.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Haskins.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Tenney.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 SENATE BILL Public Testimony - Ha'o.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Please support the Unfunded State Pension Liability and HB 385 and SB220 - Holzapfel.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
Sb220 Unfunded Liability - HB385 - Jordan.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 Public Testimony - McGowan.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 In support of HB 385 and SB220 - Klawunder.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 Please Support SB 220 - Correction - Super.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 - Hb 385 Public Testimony - Campbell.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 - HB 385 Public Testimony - Miller.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB220 - HB 385 Public Testimony - Nault.msg SFIN 4/14/2014 9:00:00 AM
HB 385
SB 220
SB 220 Public Testimony - Landstrom.msg SFIN 4/14/2014 9:00:00 AM
SB 220
SB220 Public Testimony - Cutilletta.pdf SFIN 4/14/2014 9:00:00 AM
SB 220
HB75 Public Testimony - Stewart.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB75 Please support HB75 changes to Pick Click Give - DeCherney.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75 Public Testimony - Morse.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB75 Public Testimony - Tarver.msg SFIN 4/14/2014 9:00:00 AM
HB 75
HB239 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 239
HB239 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 239
HB240 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 240
HB240 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 240
HB241 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 241
HB241 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 241
HB242 Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 242
HB242 Supporting Documents-Legislative Audit Recommendations.pdf SFIN 4/14/2014 9:00:00 AM
HB 242
HB 234 - Support Letter-AML.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Supporting Document RCA Sunset Audit 2013.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 234 - Supporting Document RCA-Summary of Efforts 01-2014.pdf SFIN 4/14/2014 9:00:00 AM
HB 234
HB 210-Updated Sectional Summary.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Explanation of Changes from Version E to Version B.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
HB 210 Supporting Document-DLC Letter of Support.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Explanation of Changes from Version Y to E.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
House Bill 210-Updated Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 210
HB 378 Sectional Analysis Ver P.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 378 diffs ver N to ver O.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 378 Sponsor Statement ver P.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB378 Hearing request SFIN 4-10-14.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB378 Support Letter Thompson.pdf SFIN 4/14/2014 9:00:00 AM
HB 378
HB 75-Summary of Changes.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75 Sectional Analysis.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Pick.Click.Give. Application.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-About Pick.Click.Give..pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Alaska Statute 43.23.062.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Sponsor Statement.pdf SFIN 4/14/2014 9:00:00 AM
HB 75
HB 75-Letters of Support.pdf SFIN 4/14/2014 9:00:00 AM
HB 75