Legislature(1999 - 2000)

04/18/2000 01:50 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
          HB 253-SCHOOL DISCIPLINARY AND SAFETY PROGRAM                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON,  sponsor  of  HB 253,  gave  the  following                                                              
testimony.   Five years ago,  he was working  in a village  in the                                                              
Interior and  asked the principal  if many children in  the school                                                              
were victims of  sexual abuse.  The principal said  of course, and                                                              
told him  she reported a  young boy as  a victim three  years ago;                                                              
now the boy is assaulting other children.   She was not able to do                                                              
anything about  it because  the last teacher  who reported  it was                                                              
out of a  job in six hours.   Another upsetting  incident occurred                                                              
when a friend  of his with a  double Ph.D. in education  visited a                                                              
high school  in Western  Alaska and was  stunned to hear  students                                                              
address teachers using  the "f" word on the average  of four times                                                              
per hour.   When she asked  why the teachers  put up with  it, she                                                              
was told the  administration would not back them  up and they were                                                              
close to retirement.  In yet another  incident, a teacher turned a                                                              
student  over to  the  principal after  the  student terrorized  a                                                              
first period  class with  a mock handgun.   The teacher  protested                                                              
when the  student arrived  at the  second period  class.   Her car                                                              
tires were slashed  and the windows in her home were  broken.  She                                                              
left town as the State Troopers could not guarantee her safety.                                                                 
                                                                                                                                
REPRESENTATIVE DYSON said when he  began working on this issue, he                                                              
was frustrated  with districts and administrations  that would not                                                              
back up  teachers who  were doing  the right thing.   HB  253 asks                                                              
school districts to go through some  process to get input from the                                                              
communities to determine a district  policy regarding behavior and                                                              
safety standards.   He believes  the Anchorage School  District is                                                              
doing an  excellent job and needs  to do nothing  different except                                                              
ask for input  from the local PTAs.  He believes the same  is true                                                              
of Fairbanks.                                                                                                                   
                                                                                                                                
REPRESENTATIVE DYSON  explained that finally, HB 253  says that an                                                              
administration or  school board that penalizes a  teacher who does                                                              
the  right thing  in the  right way  could  be found  guilty of  a                                                              
violation.   The  bill originally  set the  penalty as  a class  B                                                              
misdemeanor but after school boards  and administrators protested,                                                              
the  penalty  was   reduced  to  a  violation.     He  noted  that                                                              
Representative  Kerttula  suggested  amending  the  bill  so  that                                                              
before a  school board  could be charged,  the school  board would                                                              
have to  intentionally punish the  teacher, rather  than knowingly                                                              
punish the teacher.  He offered to answer questions.                                                                            
                                                                                                                                
CHAIRMAN MILLER announced that Senator Pearce had arrived.                                                                      
                                                                                                                                
REPRESENTATIVE  DYSON  added  that   his  school  district's  only                                                              
objection is having  to go through the effort  of soliciting input                                                              
from individual schools.   He believes that with  the base of what                                                              
the district has already done, that will be a minimal problem.                                                                  
                                                                                                                                
CHAIRMAN MILLER took public testimony.                                                                                          
                                                                                                                                
Number 874                                                                                                                      
                                                                                                                                
MS. DEE HUBBARD, an Anchorage resident,  expressed her concerns as                                                              
follows.  First, the bill contains  no due process for students so                                                              
students  have no recourse  when a  teacher is  abusive.   She has                                                              
watched  teachers goad  students  into misbehavior  and then  nail                                                              
them.   Standardization of policies  is a good idea  but Anchorage                                                              
has  a  district   policy  on  discipline,  a   school  policy  on                                                              
discipline,   and  individual   classroom   teacher  policies   on                                                              
discipline.  Some  freshmen said it took them about  three to four                                                              
months to  learn all of the  rules.  She feels  if standardization                                                              
is the goal,  the bill should specify that the  district policy is                                                              
the one to be adopted and followed.                                                                                             
                                                                                                                                
MS.  HUBBARD asked  whether  a district  can  be  penalized if  it                                                              
adopts a  plan but does  not implement it.   She recounted  that a                                                              
Fairbanks school  has a crime stoppers-type  program.  She  knew a                                                              
student  who  was the  subject  of a  phone  call report  to  that                                                              
program.  His  car, locker and clothing were searched,  as well as                                                              
those of the two  students he drove to school.   He was accused of                                                              
drug-related activities  and asked her what to do.   She suggested                                                              
he listen  to the tape  but he was told  the tape is  erased every                                                              
day.   The phone call was made to  crime stoppers as a retaliatory                                                              
measure  because   this  student   had  dated  another   student's                                                              
girlfriend.  No drugs were involved.   She asked committee members                                                              
to consider  the students also.   She noted  that the PTA  has not                                                              
always had the answers.                                                                                                         
                                                                                                                                
Number 1111                                                                                                                     
                                                                                                                                
SENATOR  ELTON  thanked  Ms.  Hubbard  for  coming  to  Juneau  to                                                              
testify.    He  noted  that the  process  established  in  HB  253                                                              
essentially  codifies standards  so it  should be  of benefit  not                                                              
only to teachers but also to students  because they would know the                                                              
rules from  the start.  He thought  HB 253 may also be  helpful to                                                              
students because  it may eliminate  the ad hoc responses  that Ms.                                                              
Hubbard referred to.                                                                                                            
                                                                                                                                
MS. HUBBARD agreed and said she was  asking that if the discipline                                                              
policy  is going  to  be standardized,  that  the  bill not  allow                                                              
classroom teachers  or safety officers,  etcetera, to add  more to                                                              
the  policy.   She has  always maintained  that  in the  Anchorage                                                              
School District's  Students Rights and Responsibilities  document,                                                            
the only right a student has is the right to breathe.                                                                           
                                                                                                                                
Number 1218                                                                                                                     
                                                                                                                                
MS. DEBBIE  OSEANDER told  committee members  she has children  in                                                              
the Anchorage public  school system, has been  an active volunteer                                                              
in  that system  for  15 years  and is  currently  a school  board                                                              
member.  She  expressed the following concerns about  HB 253.  Her                                                              
first  priority is  school safety  and  school discipline  because                                                              
teachers cannot  teach effectively or improve  student achievement                                                              
unless  both  staff  and  students are  totally  secure  in  their                                                              
environment.     Currently,  the   system  for  maintaining   that                                                              
atmosphere is layered.   The teacher has responsibilities  but the                                                              
teacher is  backed by  the administration in  each school  and the                                                              
administration  is  backed  at the  district  wide  administrative                                                              
level.   Beyond that,  the school  board sets discipline  policies                                                              
that are further elaborated at each specific site.                                                                              
                                                                                                                                
MS. OSEANDER agreed with Ms. Hubbard  that HB 253 raises questions                                                              
about due process.  The layering  system currently in place in the                                                              
Anchorage School District  allows others to look at  a problem and                                                              
offer a different perspective.  It  also allows a family who feels                                                              
it  has been  unjustly  treated to  appeal  to the  next layer  to                                                              
express  its  concerns.   The  right to  expel  a child  from  the                                                              
academic  classroom  is the  most  serious sanction  available  to                                                              
schools.  If a family feels unfairly  treated, it needs to be able                                                              
to appeal  to the  principal.   If that  is not satisfactory,  the                                                              
family needs  the right to appeal  to the administration  and then                                                              
to the  school board,  if necessary.   The Anchorage  school board                                                              
regularly holds such hearings and  routinely supports its teachers                                                              
in maintaining the security of the buildings.                                                                                   
                                                                                                                                
MS.  OSEANDER  said the  second  area of  concern  is  how HB  253                                                              
intersects with  a district's ability  to discipline a  teacher if                                                              
necessary  and that  the  legislative body  of  a school  district                                                              
could be sanctioned  for behavior that is many  steps removed from                                                              
that body's responsibilities.                                                                                                   
                                                                                                                                
MS. KATHY GILLEPSIE, legislative  co-chair of the Anchorage School                                                              
Board, stated the Anchorage School  Board cannot support HB 253 as                                                              
written.   The Board  believes passage of  this measure  will make                                                              
its job to implement  a consistent disciplinary program  in a fair                                                              
and equitable manner throughout Anchorage  schools difficult.  She                                                              
agrees with  Ms. Oseander's testimony  and she informed  committee                                                              
members  that she provided  committee members  copies of  proposed                                                              
amendments to make the bill more acceptable.                                                                                    
                                                                                                                                
CHAIRMAN  MILLER  asked Ms.  Gillespie  to address  the  Anchorage                                                              
School Board's proposed amendments.                                                                                             
                                                                                                                                
MS.  GILLESPIE stated  Amendment  1 is  on  page 1,  line 13,  and                                                              
deletes the words  "understand and accepted."   She explained that                                                              
to implement  school discipline, the  school board goes  through a                                                              
public process,  takes into consideration staff  input, and adopts                                                              
a student's  rights and responsibilities  plan at a  district wide                                                              
level.   Those rights and  responsibilities apply to  all students                                                              
and can be changed to fit each school  and classroom.  The problem                                                              
with the words "understand and accepted"  is that the school board                                                              
goes  through a  public  process  to adopt  the  school rules  and                                                              
notify  the students  of the  rules.   If the  students break  the                                                              
rules, they  are held accountable  whether or not  they understand                                                              
and accept  them.  She noted if  that language is retained  in the                                                              
bill, a  student's lawyer will  argue during an  expulsion hearing                                                              
that the student did not understand and accept the rules.                                                                       
                                                                                                                                
MS.  GILLESPIE said  Amendment 2,  on  page 2  lines 13-14,  would                                                              
delete the  phrase "by  each school district."   The  school board                                                              
has a  process for putting  forward district wide  the community's                                                              
standards for  school discipline.   Some Anchorage schools  have a                                                              
transient rate  as high as  80 percent in  any given year.   It is                                                              
critical  that  the  rules be  consistent  throughout  the  school                                                              
district.   She pointed  out that  many of  the students  with the                                                              
most  severe  discipline   problems  are  the  students   who  are                                                              
transient  within the Anchorage  School  District.  Regarding  the                                                              
discussion  about codifying  rules,  she believes  this bill  will                                                              
have  the  opposite  effect.   It  would  require  Anchorage's  87                                                              
schools  to  develop  their  own  rules  and  make  them  fit  the                                                              
district's  standard.  Right  now, the  rules regarding  the major                                                              
issues in  Anchorage are  codified; they may  differ in  regard to                                                              
such  things as  a teacher  allowing  students  to chew  gum in  a                                                              
classroom.                                                                                                                      
                                                                                                                                
MS.  GILLESPIE  described  Amendment 3,  on  page  3, line  6,  as                                                              
addressing  the  Anchorage  School  Board's  concern  about  being                                                              
unable to punish  a teacher for lawful enforcement  of an approved                                                              
school  disciplinary  and  safety   program.    "Punished"  is  an                                                              
ambiguous word.  Sometimes teachers  are forced to teach difficult                                                              
students whom they do not want.   She questioned whether a teacher                                                              
could  consider   being  assigned   a  difficult  student   to  be                                                              
punishment under HB 253.                                                                                                        
                                                                                                                                
MS. GILLESPIE  stated Amendment 4 is  on page 3, lines  14 through                                                              
16,  and deletes  the  phrase, "observes  a  student committing  a                                                              
crime  shall  report  the  crime  to  the  local  law  enforcement                                                              
agency".  The Anchorage School District  has a chain of command in                                                              
which  the teacher  reports incidents  to the  principal and  then                                                              
either the  teacher or  the principal  can call  the police.   The                                                              
school board is ultimately responsible  and liable for making sure                                                              
that  all  crimes are  dealt  with  so  the  chain of  command  is                                                              
important.                                                                                                                      
                                                                                                                                
MS. GILLESPIE  noted Amendment  5 is on  page 3, lines  17 through                                                              
21,  and addresses  violations given  to school  board members  if                                                              
school board policy is upheld in  classrooms.  She noted Carl Rose                                                              
will speak to  this issue but she explained that  the implications                                                              
of  this section  of the  bill are  far reaching.   The  Anchorage                                                              
School Board has no idea who will  issue the violation and it does                                                              
not know  how school board members  would appeal a violation.   In                                                              
addition,  how can she,  as one  member, be  held accountable  and                                                              
liable for  a decision  that she perhaps  disagreed with  that was                                                              
made by other members of the body.                                                                                              
                                                                                                                                
MS. GILLESPIE noted Amendment 6,  on page 3, line 29, would insert                                                              
after  "AS 14.33.120"  the  words,  "as long  as  the employee  is                                                              
acting within the scope of assigned  duties and responsibilities."                                                              
She explained  if a teacher is  enforcing rules within his  or her                                                              
scope of  responsibilities, that  is fine, but  if the  teacher is                                                              
now enforcing  rules and  policies outside the  scope of  the job,                                                              
the school board would have concerns.                                                                                           
                                                                                                                                
In conclusion, MS. GILLESPIE said  the good parts of this bill are                                                              
already in state  law.  Other parts of the bill  will make it much                                                              
more  difficult for  the  Anchorage School  Board  to enforce  and                                                              
maintain  discipline in  the Anchorage schools.   She  understands                                                              
everyone supports  school safety  but she asked committee  members                                                              
to look at  the unintended consequences  of HB 253.   She believes                                                              
it will have the opposite effect of the sponsor's intent.                                                                       
                                                                                                                                
Number 1780                                                                                                                     
                                                                                                                                
SENATOR  ELTON referred  to  Amendment 4  and  told Ms.  Gillespie                                                              
that nothing  in the  bill prohibits the  local school  board from                                                              
requiring  that a  chain  of command  be  followed when  reporting                                                              
crimes.                                                                                                                         
                                                                                                                                
MS.  GILLESPIE   replied  the  school   board  could   make  staff                                                              
accountable for doing  both.  When she spoke to  Carol Comeau, the                                                              
district superintendent, about this  issue, Ms. Comeau interpreted                                                              
it to mean a teacher would be required  to report a crime to a law                                                              
enforcement agency  when the teacher  observed it, which  could be                                                              
after school.   Ms. Comeau's other  concern was whether  a teacher                                                              
will be  asked to testify  if that teacher  reports a crime.   She                                                              
repeated the  Anchorage School District  already has a  process in                                                              
place so, if  a teacher feels that  a crime has been  committed in                                                              
the classroom,  the teacher  can directly call  the police.   This                                                              
bill broadens the scope of teachers' responsibilities.                                                                          
                                                                                                                                
Number 1841                                                                                                                     
                                                                                                                                
MR. CARL  ROSE, Executive  Director of  the Association  of Alaska                                                              
School Boards (AASB),  noted he submitted a written  survey to the                                                              
committee on April 13 that contained  four points.  First, under 4                                                              
AAC 07.010,  school boards are required  to do many of  the things                                                              
incorporated in HB 253.  Second,  regarding the issue of community                                                              
involvement,  AASB advocates for  children to  the degree  that it                                                              
established a  community engagement  project through  its Building                                                              
Assets program for  the purpose of helping children  get what they                                                              
need to  succeed.   AASB already  does many  of these things,  and                                                              
more.  The survey shows that many  school districts are already in                                                              
compliance with many  of the provisions in HB 253.   Regarding the                                                              
penalty  of a  violation,  AASB  is concerned  about  termination.                                                              
When HB 465 was debated several years  ago, the evaluation process                                                              
and  the establishment  of  areas and  plans  of improvement  were                                                              
discussed.   The idea was to  improve the quality of  education to                                                              
address  performance,  accountability and  fairness.   If  schools                                                              
were  not successful  with the  plan  of improvement,  termination                                                              
would be  expedient.  Schools were  given choices.  A  formal non-                                                              
retention could  occur in which the  record would be used,  or the                                                              
teacher could  file a  grievance.   In either  case, the  issue of                                                              
termination would be expedient.                                                                                                 
                                                                                                                                
MR. ROSE pointed out when he looks  at the issue of termination in                                                              
HB  253, if  any teacher  decided to  discipline a  child and  was                                                              
later targeted  for termination,  the teacher  might consider  the                                                              
disciplinary  action  he  or  she   took  to  be  the  reason  for                                                              
termination and it would be incumbent  upon the school district to                                                              
prove otherwise.   Second, the word "punishment"  is too ambiguous                                                              
and could  include a letter in  one's personnel file.   Third, the                                                              
word "lawfully" should  not be used in the bill  because a teacher                                                              
could  be incompetent  or  engage  in  unethical behavior  yet  be                                                              
acting legally.  Fourth, regarding  the issue of charging a member                                                              
of  a legislative  body  with a  violation,  principles have  been                                                              
established  regarding immunity  for public  officials which  this                                                              
bill  moves away  from.   The chilling  effect  of that  provision                                                              
could  be  that people  will  not  want  to volunteer  for  public                                                              
service.   In  conclusion, he  stated that  high profile  examples                                                              
were used  to demonstrate  the need  for this  bill and  he cannot                                                              
validate that any of those incidents  occurred.  He said, however,                                                              
the  Hydaburg school  board took  stringent  steps when  it put  a                                                              
superintendent  on  administrative   leave  with  pay  pending  an                                                              
investigation.  That  superintendent is no longer  employed by the                                                              
Hydaburg  school district  demonstrating that  the system  righted                                                              
itself.   He noted he respectfully  disagrees with  the assertions                                                              
made that school boards persecute their employees.                                                                              
MR. ROSE  repeated that  most provisions in  the bill  are already                                                              
addressed  through regulations  and that  school boards exceed  in                                                              
the areas of  public engagement regarding safety,  discipline, and                                                              
community support of schools.  HB  253 goes farther than necessary                                                              
and may not reach its intended goal.                                                                                            
Number 2087                                                                                                                     
                                                                                                                                
MR. JOHN  CYR, President of  the National Education  Association -                                                              
Alaska (NEAA), said he is always  amazed when he asks a legislator                                                              
to introduce  a bill  that he  believes is  relatively simple  and                                                              
will make schools  a better place and invite  community discussion                                                              
- only  to hear an uproar.   He pointed  out that HB 253  does not                                                              
allow abusive  teachers  to continue  to be abusive;  it does  not                                                              
allow corporal  punishment; and it  does not take power  away from                                                              
school boards  to develop  plans of  improvement for teachers  who                                                              
are  acting improperly.    He  noted, as  Mr.  Rose  said, HB  465                                                              
created a  process to implement  teacher plans of  improvement not                                                              
only for  disciplinary  styles but for  any inappropriate  teacher                                                              
classroom  behavior.   HB 253  does  not allow  teachers to  expel                                                              
students for no reason.                                                                                                         
                                                                                                                                
MR. CYR  asserted that  HB 253 talks  about the implementation  of                                                              
community  based standards  of school  behavior.   It asks  school                                                              
boards to  put in place  a process by  which communities  can come                                                              
together and  discuss the kind of  discipline they want,  how they                                                              
want students to  be treated, and how they want  students to treat                                                              
other  children and  adults in  the  school.   NEAA believes  that                                                              
process  is critical.   While  he  appreciates the  fact that  the                                                              
Anchorage School  District has put  that process into  place, this                                                              
bill is  about the  entire State  and school districts  throughout                                                              
the  State   have  problems   with  school   discipline.     Until                                                              
communities are engaged in this discussion,  school districts will                                                              
have an  overlay of rules  enforced by some  entity.  HB  253 asks                                                              
communities to have that discussion.                                                                                            
                                                                                                                                
MR.  CYR maintained  that HB  253 does  not take  power away  from                                                              
school  boards.   Section 14.33.120  of  the bill  says that  each                                                              
governing  body  shall adopt  a  written school  disciplinary  and                                                              
safety program.   The governing body  refers to the  school board.                                                              
The  bill then  goes on  to lay  out  some of  the standards  that                                                              
should be  included.  During his  25 years as a  classroom teacher                                                              
in Alaska, he always assumed he had  the right to remove a student                                                              
if that student was causing a disruption  in the learning of other                                                              
children or  if the student  presented a  safety problem.   HB 253                                                              
puts that kind of  action in writing for a community  to review so                                                              
that everyone  understands how it  should work.  He  believes that                                                              
is positive.                                                                                                                    
                                                                                                                                
MR. CYR referred  to Section 5 of HB 253 and  read, "policies must                                                              
comply with provisions  of federal and state law  including 20 USC                                                              
1400-1485, the  Individual with Disabilities  Act."  He  stated he                                                              
sees nothing  in the bill that  removes due process  for students;                                                              
instead HB  253 clarifies it.   If school boards create  a process                                                              
that  sets up  standards that  remove  the due  process rights  of                                                              
students, the  school boards  will be  challenged in a  heartbeat.                                                              
He said he  is aware of case  after case in which, for  example, a                                                              
school  board member  refused  to allow  his  or her  child to  be                                                              
disciplined  because that  child  applied for  a scholarship  even                                                              
though the child was drinking on  the bus.  He noted the effect of                                                              
those incidents is more damaging  to education than anything else.                                                              
HB 253 looks at a way to preempt  that and level the playing field                                                              
so that the entire community understands the rules.                                                                             
                                                                                                                                
MR. CYR said teachers who observe  a crime are already expected to                                                              
report  a crime to  the local  law enforcement  agency.   Teachers                                                              
have a duty to report child abuse.   If the teacher reports to the                                                              
principal  and  the principal  takes  no  action, the  teacher  is                                                              
charged.    NEAA thinks  people  who  work  in schools  should  be                                                              
expected to  report crimes when  they see them.   That is  part of                                                              
what it means to be a citizen.                                                                                                  
                                                                                                                                
Regarding Amendment  5, proposed  by Ms.  Gillespie, MR.  CYR said                                                              
the intent  is not to  punish a school  board member for  making a                                                              
decision with  the information  at hand.   But, if  a member  of a                                                              
governing  body   improperly uses  his  or her  office to  harass,                                                              
punish, or terminate  anyone who works with children,  he believes                                                              
that  member is  guilty of  a violation  and that  is what HB  253                                                              
tries to stop.                                                                                                                  
                                                                                                                                
TAPE 00-19, SIDE B                                                                                                            
Number 600                                                                                                                      
                                                                                                                                
MR. CYR repeated  that NEAA supports  HB 253.  NEAA  believes that                                                              
although it  is not the perfect discipline  bill, it is  a step in                                                              
the right direction.                                                                                                            
                                                                                                                                
SENATOR  PETE KELLY  said regarding  Amendment  5 on  page 3,  the                                                              
teacher who  follows procedure and is  then fired will have  a lot                                                              
more ammunition to go the civil route  to get redress.  If Section                                                              
(c) is removed,  the bill will still have its  intended impact but                                                              
it puts people on  the line if they engage in  any harassment.  He                                                              
noted that he plans to move to remove  Section (c) on page 3 later                                                              
in the meeting because he thinks the bill works without it.                                                                     
                                                                                                                                
CHAIRMAN MILLER pointed out that  Senator Wilken plans to offer an                                                              
amendment  that changes  the word  "knowingly" to  "intentionally"                                                              
which will set a different standard.                                                                                            
                                                                                                                                
Number 2323                                                                                                                     
                                                                                                                                
SENATOR  ELTON referred  to Sec.  14.33.120 and  remarked that  it                                                              
requires   the  governing   body   to  adopt   a  written   school                                                              
disciplinary  and safety program,  yet it  also requires  that the                                                              
standards  be developed  and periodically  revised by each  school                                                              
and community members.  He maintained  that sets up dissidence for                                                              
a larger district that has many schools.                                                                                        
                                                                                                                                
MR. CYR  responded that  the Mat-Su School  District, which  he is                                                              
most familiar  with, has  a set of  standards for discipline  that                                                              
have been  adopted at  the school  board level.   Those  standards                                                              
were distributed  to each  school and each  school decided  how to                                                              
implement  them in  the school.    He reads  HB 253  in that  way,                                                              
rather  than the  school submitting  its standards  to the  school                                                              
board.                                                                                                                          
                                                                                                                                
SENATOR ELTON  said he could  make a  case that in  his community,                                                              
the  culture of  a junior  high school  in  one area  may be  much                                                              
different  than  a junior  high  school  elsewhere.   He  said  he                                                              
understands the  issue of the  governing body being  an "umbrella"                                                              
but HB 253 works bottom-up because  it tells the governing body it                                                              
must include standards developed at the local school level.                                                                     
                                                                                                                                
REPRESENTATIVE  DYSON indicated that  is an  excellent point.   He                                                              
noted when  he worked  on the legislation  he wanted  large school                                                              
districts within a geographically  diverse area to be able to have                                                              
different  standards.   Regarding dress  codes, for example,  some                                                              
schools are  concerned about gang  colors while other  schools are                                                              
concerned  about accommodating  the dress  of different  religious                                                              
groups.   He  wanted  each  school and  community  to  be able  to                                                              
discuss those  types of  issues and submit  their concerns  to the                                                              
governing body  who could customize  the standards.  He  wanted to                                                              
ensure that the community's input was taken into account.                                                                       
                                                                                                                                
SENATOR ELTON suggested  that HB 253 should read,  "Each governing                                                              
body  may  adopt..."  rather  than   "Each  governing  body  shall                                                              
adopt..."  so  that school  boards  can  take local  desires  into                                                              
account but are not required to.                                                                                                
                                                                                                                                
MR. CYR  thought that  Senator Elton's  concern  was valid  in one                                                              
aspect,  but  he  believes  that  when  the  community  of  people                                                              
involved    in  the  local  schools   have  the  discussion  about                                                              
discipline,  the  discussion is  more  "real"  and personal.    He                                                              
believes that is the key to student discipline.                                                                                 
                                                                                                                                
SENATOR ELTON expressed concern that  the result will be that each                                                              
community will have a bunch of different  standards.  He asked Mr.                                                              
Cyr for his reaction to previous  speakers who said that this bill                                                              
imposes a burden  on teachers that they may not want  in regard to                                                              
reporting crimes.                                                                                                               
                                                                                                                                
MR. CYR answered  if he saw a  student with a case of  beer in his                                                              
pickup  headed for  a party,  he  would feel  obligated to  report                                                              
that, as  he would  if he  saw a  student throw  a rock through  a                                                              
store window.   He said he would  agree to specifying in  the bill                                                              
that the crime  was committed on school property  but he thinks we                                                              
all  have an  obligation to  report  crimes because  this bill  is                                                              
about making communities  a better place.  He  doubts any teachers                                                              
will object to reporting a crime if they see one.                                                                               
                                                                                                                                
Number 1999                                                                                                                     
                                                                                                                                
SENATOR  KELLY said  the bill  requires teachers  only to  report,                                                              
therefore it  puts a burden  on teachers that  it does not  put on                                                              
anyone else.   He believes teachers would report  whether required                                                              
to or not because of their training.                                                                                            
                                                                                                                                
MR. CYR responded that this bill  was heard by the House Judiciary                                                              
Committee which reviewed the legal  aspects of the bill.  He noted                                                              
this bill  refers to  what goes on  in schools.   He repeated  the                                                              
bill could specify that the crime was committed in school.                                                                      
                                                                                                                                
CHAIRMAN MILLER  said he agrees that  as citizens we all  have the                                                              
responsibility to report crimes if we see them being committed.                                                                 
                                                                                                                                
REPRESENTATIVE  DYSON  said  he  intended  the bill  to  apply  to                                                              
teachers reporting  in the  course of their  duty and  he believes                                                              
that  is implied  in  the title  of  the  bill.   He  said he  was                                                              
concerned about  a situation  in which  a teacher reported  sexual                                                              
abuse  of  a  student  to the  principal  several  times  but  the                                                              
principal never reported it to the authorities.                                                                                 
                                                                                                                                
MR.  JOHN  WALDRON,  representing  the  Yakutat  School  District,                                                              
thanked Representative  Dyson for supporting school  districts but                                                              
noted  he cannot  support  HB 253  for  several  reasons.   First,                                                              
teachers  are already  required  by  statute to  report  suspected                                                              
sexual  abuse  to  DFYS  as  well  as  to  school  administrators.                                                              
Regarding  disciplinary  policies,  he believes  every  school  in                                                              
Alaska already  has such a policy.  He thinks this bill  will take                                                              
that  action  away  from  the  school  boards.    SB  36  required                                                              
community  involvement.   Students  will lose  some  of their  due                                                              
process  rights if HB  253 passes  because it  allows teachers  to                                                              
remove  students   from  the  classroom   without  going   to  the                                                              
administration.   Teachers  are not always  consistent with  their                                                              
discipline policies from one day to the next.                                                                                   
                                                                                                                                
CHAIRMAN  MILLER  announced  that  with no  further  questions  or                                                              
testimony,  public testimony was  closed.   He noted that  Senator                                                              
Wilken would not be offering Amendment 1.                                                                                       
                                                                                                                                
SENATOR  KELLY moved  to adopt  Amendment  2 which  would add  the                                                              
words, "in the course of duty" before  the word "observes" on page                                                              
3, line 14.                                                                                                                     
                                                                                                                                
SENATOR PEARCE asked  if Amendment 2 is a conceptual  amendment in                                                              
that the  drafters might  prefer to say,  "in the course  of their                                                              
assigned duties."                                                                                                               
                                                                                                                                
CHAIRMAN MILLER stated yes.                                                                                                     
                                                                                                                                
SENATOR  ELTON  asked  if  Amendment  2  essentially  defines  the                                                              
teachers' responsibilities  by their  duties rather than  by where                                                              
the crime occurs.                                                                                                               
                                                                                                                                
SENATOR KELLY said it does.                                                                                                     
                                                                                                                                
There  being   no  objection,   CHAIRMAN  MILLER  announced   that                                                              
Amendment 2 was adopted.                                                                                                        
                                                                                                                                
SENATOR  KELLY  moved to  adopt  Amendment  3 which  would  delete                                                              
subsection (c)  on page 3, lines 17 through 21.                                                                                 
                                                                                                                                
SENATOR ELTON  objected because  he thought  there should  be some                                                              
culpability for mistreating  a teacher when, in the  course of the                                                              
teacher's  duties,  the  teacher  did  something  he  or  she  was                                                              
required to do.                                                                                                                 
                                                                                                                                
SENATOR  WILKEN stated  his school  district  is not  particularly                                                              
fond  of HB 253  but it  understands the  bill is  needed in  some                                                              
areas of the State.  His school district  asked him to replace the                                                              
word  "knowingly"  with the  word  "intentionally"  but he  favors                                                              
Senator Kelly's amendment because  it removes the entire paragraph                                                              
which is directed at a volunteer school board member.                                                                           
                                                                                                                                
SENATOR  KELLY  repeated  that  a  number  of  civil  avenues  are                                                              
available  to  a  teacher  who  was  punished  by  the  board  for                                                              
violating the statutes.                                                                                                         
                                                                                                                                
SENATOR PEARCE asked Representative  Dyson to address Amendment 3.                                                              
                                                                                                                                
REPRESENTATIVE DYSON said he agrees  with Senator Elton because it                                                              
is aimed  at the intentional  punishing of  a teacher who  did the                                                              
right thing.                                                                                                                    
                                                                                                                                
Amendment 3  was adopted with  Senators Kelly, Pearce,  Wilken and                                                              
Miller voting "yea," and Senator Elton voting "nay."                                                                            
                                                                                                                                
SENATOR ELTON moved  to adopt Amendment 4 which  would replace the                                                              
word "must" with the word "may" on  page 2, line 10.  He stated he                                                              
is  bothered by  the fact  that the  bill institutes  a system  in                                                              
which  every school's  concerns  must be  included  in a  district                                                              
plan.   He hopes that  the process  involves schools  and students                                                              
but he is bothered  by the fact that the result  of this bill will                                                              
be that districts have a disparate number of plans.                                                                             
                                                                                                                                
CHAIRMAN MILLER  objected to Amendment  4 because in  his district                                                              
some  of the  community standards  are different  and he  believes                                                              
district policies need room for some variance.                                                                                  
                                                                                                                                
Number 1323                                                                                                                     
                                                                                                                                
SENATOR  ELTON said  he agrees  but  he believes  any good  school                                                              
board will take that into account.                                                                                              
                                                                                                                                
Amendment 4 failed with Senators  Pearce, Wilken, Kelly and Miller                                                              
voting "nay" and Senator Elton voting "yea."                                                                                    
                                                                                                                                
SENATOR  PEARCE  moved a  conceptual  amendment  (Amendment 5)  to                                                              
allow all schools in a district to  have just one plan if they are                                                              
in the same community and if they  choose to have one, but to also                                                              
have plans written for each town  if schools are in separate towns                                                              
within a district.   She stated in  an area like the  North Slope,                                                              
each community might  want their own plan, but on  the other hand,                                                              
Anchorage does not need 87 separate plans.                                                                                      
                                                                                                                                
CHAIRMAN  MILLER  said  he  understands   the  intent  of  Senator                                                              
Pearce's  amendment but  in  his community  all  of the  Fairbanks                                                              
school plans might coincide but the  Two Rivers and Salcha schools                                                              
might want  their own plans  but are not  communities per se.   He                                                              
said he  understands  that a separate  plan is  not necessary  for                                                              
every school but he is not sure how to break it out.                                                                            
                                                                                                                                
REPRESENTATIVE  DYSON said Senator  Pearce could  get at  what she                                                              
wants, which is  what he intended, if, at the end  of line 15, the                                                              
colon was changed  to a comma and the words, "and  referred to the                                                              
governing   body  for  modification   or  standardization   and/or                                                              
approval"  were added.   That would  allow the  district to  leave                                                              
each plan as is or standardize them all.                                                                                        
                                                                                                                                
SENATOR WILKEN noted that Alaska  used to have funding communities                                                              
but they did not  work so it now has attendance  areas which could                                                              
be used to differentiate  interests within a school  district.  He                                                              
noted in Chairman  Miller's district, Salcha and Two  Rivers is an                                                              
attendance  area, as  is  Fairbanks.   He  suggested striking  the                                                              
words  on  page  3, lines  13  and  14,  "by each  school  in  the                                                              
district" and   adding after the word "community"  the words "each                                                              
attendance area,".                                                                                                              
                                                                                                                                
SENATOR  PEARCE  said   she  would  accept  that   as  a  friendly                                                              
amendment.     There  being  no   objection  to  Amendment   5  as                                                              
conceptually stated by Senator Wilken, it was adopted.                                                                          
                                                                                                                                
SENATOR PEARCE moved  to adopt Amendment 6 which  would strike the                                                              
words "understood, accepted, and" on page 1, line 13.                                                                           
                                                                                                                                
SENATOR ELTON objected and said he  is not arguing with the intent                                                              
of Amendment  6 but  the word "upheld"  presents the  same problem                                                              
because a lawyer  could argue that the standard was  not upheld by                                                              
the student because the student violated it.                                                                                    
                                                                                                                                
SENATOR  PEARCE  restated  Amendment   6  to  strike  "understood,                                                              
accepted, and upheld" and insert "developed".                                                                                   
                                                                                                                                
There being  no objection, CHAIRMAN  MILLER announced  Amendment 6                                                              
was adopted.                                                                                                                    
                                                                                                                                
SENATOR  PEARCE  asked  Representative  Dyson to  comment  on  Ms.                                                              
Gillespie's opposition  to the phrase  "or otherwise  punished" on                                                              
page 3, line 6.                                                                                                                 
                                                                                                                                
REPRESENTATIVE DYSON responded that  the Anchorage School District                                                              
is  concerned  that a  teacher  might  be  denied a  promotion  or                                                              
transfer.                                                                                                                       
                                                                                                                                
MR.  CYR  added  that the  NEAA  membership  was  concerned  about                                                              
harassment or being denied transfer  rights.  He said it is making                                                              
the workplace untenable and six to  seven teachers leave each year                                                              
for that reason.                                                                                                                
                                                                                                                                
SENATOR  ELTON  moved  SCS CSSSHB  253(HES)  from  committee  with                                                              
individual recommendations.  There  being no objection, the motion                                                              
carried.                                                                                                                        

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