Legislature(2005 - 2006)BUTROVICH 205

05/05/2006 02:00 PM Senate HEALTH, EDUCATION & SOCIAL SERVICES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HJR 36 TAIWAN: WORLD HEALTH ASSEMBLY TELECONFERENCED
Moved CSHJR 36(HES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 467 ADMINISTRATION OF MEDICATION BY A NURSE
Moved CSHB 467(HES) am Out of Committee
= HB 482 SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
Moved CSHB 482(JUD) Out of Committee
         HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION                                                                     
                                                                                                                                
CHAIR FRED DYSON announced HB 482 to be up for consideration.                                                                   
Before the committee was CSHB 482(JUD).                                                                                         
                                                                                                                                
2:47:30 PM                                                                                                                    
CRYSTAL NOVOTNEY, Staff to Representative Tom Anderson,                                                                         
paraphrased the following sponsor statement.                                                                                    
                                                                                                                                
   HB 482 addresses a  growing problem in  our schools that  is                                                                 
   often overlooked  by teachers  and administrators.  Bullying                                                                 
   has a truly  negative effect  on the  social environment  of                                                                 
   schools and on the  emotional and mental  well being of  our                                                                 
   children, the students in these schools.                                                                                     
                                                                                                                                
   Recent studies suggest  that bullying creates  a climate  of                                                                 
   fear among students,  inhibits their ability  to learn,  and                                                                 
   leads to  other  anti-social behavior,  such  as  vandalism,                                                                 
   shoplifting, skipping and dropping out of school,  fighting,                                                                 
   and the  use of  drugs  and alcohol.  Sixty percent  of  the                                                                 
   males studied who  were bullies in  grades six through  nine                                                                 
   were convicted of  at least  one crime as  an adult.  Thirty                                                                 
   five to forty percent of  these former bullies had three  or                                                                 
   more convictions  by 24  years of  age. Only  15 of  the  53                                                                 
   school districts in Alaska have  made an attempt to  address                                                                 
   the bullying issue. With the increase in students in  Alaska                                                                 
   today, there is a growing need  to ensure the safety of  our                                                                 
   children's learning environment.                                                                                             
                                                                                                                                
   HB 482 requires school  districts, city and borough  offices                                                                 
   of education,  law enforcement  agencies, and  youth-serving                                                                 
   agencies to develop and implement interagency strategies  on                                                                 
   bullying and harassment.                                                                                                     
                                                                                                                                
   Currently 21  states have  some sort  of anti-bullying  law,                                                                 
   and another  24  states  are  in  the  process  of  adopting                                                                 
   similar legislation.                                                                                                         
                                                                                                                                
   You'll note  in  your  packets endorsement  letters  by  the                                                                 
   National Education  Association  (NEA),  Alaska  Network  on                                                                 
   Domestic Violence &  Sexual Assault, Boys  and Girls  Clubs,                                                                 
   and Allan Morotti, Department Chair of University of Alaska                                                                  
   Fairbanks School of Education.                                                                                               
                                                                                                                                
   Bullying is a problem everywhere,  even in Alaska - and  its                                                                 
   causes and  effects cannot  be overlooked.  This bill  gives                                                                 
   not only teachers and administration officials the tools to                                                                  
   deal with such a  growing issue, but  also allows for  input                                                                 
   from parents, guardians, students  and concerned members of                                                                  
   the  community  in  the   development  of  a  comprehensive                                                                  
   bullying policy.                                                                                                             
                                                                                                                                
   Successful programs to  recognize, prevent, and  effectively                                                                 
   intervene in  bullying  behavior have  improved  safety  and                                                                 
   create a more  inclusive learning environment.  Some of  the                                                                 
   possible programs may  include in-service training  programs                                                                 
   and  other  activities  to  improve  school  attendance  and                                                                 
   reduce school  crime and  violence. HB  482 is  targeted  to                                                                 
   reduce vandalism, drug and  alcohol abuse, gang membership,                                                                  
   gang violence,  hate  crimes,  bullying,  teen  relationship                                                                 
   violence, and discrimination  and all harassment,  including                                                                 
   sexual harassment, in grades K-12.                                                                                           
                                                                                                                                
   Representative  Anderson   urges   your  support   of   this                                                                 
   important legislation.                                                                                                       
                                                                                                                                
2:51:32 PM                                                                                                                    
CHAIR DYSON  asked whether it  is the sponsor's and  her position                                                               
that  some  or many  school  districts  are not  addressing  this                                                               
issue.                                                                                                                          
                                                                                                                                
MS.  NOVOTNEY  said  yes,  bullying  is  such  an  emotional  and                                                               
disturbing act  that students don't  feel they have the  power to                                                               
stand up unless they know for sure that they will be supported.                                                                 
                                                                                                                                
CHAIR DYSON restated his question.                                                                                              
                                                                                                                                
MS. NOVOTNEY answered  she believes the school  districts are not                                                               
adequately addressing the issue.                                                                                                
                                                                                                                                
CHAIR  DYSON  referenced  page  3, and  asked  if  immunity  from                                                               
lawsuits is important.                                                                                                          
                                                                                                                                
MS.  NOVOTNEY said  yes. The  21  states that  have passed  anti-                                                               
bullying legislation have included  a provision for immunity from                                                               
suit. It's  necessary so that  the people who have  witnessed and                                                               
reported bullying will not be sued.                                                                                             
                                                                                                                                
CHAIR  DYSON questioned  whether the  Good Samaritan  laws aren't                                                               
adequate.                                                                                                                       
                                                                                                                                
MS. NOVOTNEY replied according to  reading she has done, the Good                                                               
Samaritan law has not been applied.                                                                                             
                                                                                                                                
2:54:52 PM                                                                                                                    
SENATOR DONNY OLSON  mentioned the spectrum of  pecking order and                                                               
bullying and asked if it isn't just a process of growing up.                                                                    
                                                                                                                                
MS.  NOVOTNEY  said  certainly  there is  a  pecking  order,  but                                                               
there's  a  difference  between   getting  picked  on  and  being                                                               
severely and  pervasively bullied.  It's a very  different matter                                                               
when a  child is scared  to go  to school because  they're afraid                                                               
for their life.                                                                                                                 
                                                                                                                                
2:56:58 PM                                                                                                                    
SENATOR OLSON  said everyone is  bullied at some time  or another                                                               
and  he doesn't  necessarily  believe that  behavior problems  in                                                               
later  life are  the result.  He expressed  the view  that people                                                               
need to be able to cope with such problems.                                                                                     
                                                                                                                                
MS.  NOVOTNEY referenced  the recent  planned  shooting at  North                                                               
Pole. One of  the students explained the behavior  by saying that                                                               
students and  teachers had picked  on them.  HB 482 is  trying to                                                               
prevent students getting  to the point that they  take up weapons                                                               
as a way to retaliate.                                                                                                          
                                                                                                                                
SENATOR OLSON  reiterated that  everyone is  picked on  when they                                                               
are growing up.                                                                                                                 
                                                                                                                                
2:58:59 PM                                                                                                                    
CHAIR DYSON noted  that several school districts  don't favor the                                                               
legislation,  but  don't  want  to testify.  His  sense  is  that                                                               
they're afraid  of lawsuits  if this  were to  be in  statute. He                                                               
asked Ms. Novotney to comment.                                                                                                  
                                                                                                                                
MS. NOVOTNEY replied she understands  the concern, but she hasn't                                                               
heard  any forthright  opposition. She  noted that  lawsuits have                                                               
been filed when schools didn't make an effort to stop bullying.                                                                 
                                                                                                                                
SENATOR GARY  WILKEN mentioned the  concept of local  control and                                                               
said this type  of legislation is disturbing  because it presumes                                                               
that the  legislature knows more  than local school  boards. This                                                               
is one-size-fits-all  legislation designed to fix  a problem that                                                               
may  or  may  not  exist  in a  particular  school  district.  He                                                               
expressed the view that the bill  is well intentioned, but it may                                                               
not  do  anything  other  than  put  in  place  an  unwanted  and                                                               
unnecessary bureaucracy. Even if  the school district believes it                                                               
is necessary,  it may want  to address  the issue in  a different                                                               
manner.                                                                                                                         
                                                                                                                                
3:02:38 PM                                                                                                                    
CHAIR DYSON opened public testimony.                                                                                            
                                                                                                                                
3:02:49 PM                                                                                                                    
KATIE  SINGLETON,  Bye-Bye Bullies,  Anchorage,  said  HB 482  is                                                               
important  and should  pass. The  recent incident  in North  Pole                                                               
demonstrates  that bullying  exists even  in very  small schools.                                                               
She  understands  that  the  North  Pole  7th  graders  who  were                                                               
involved in  the plot were "bully  victims," which is a  term for                                                               
victims who became  bullies themselves because they  had no other                                                               
coping skills.  Experts on  the issue  have proven  that children                                                               
who  are taught  to  deal  with bullying  can  change a  school's                                                               
culture such  that it is  clear that bullying and  harassment are                                                               
not tolerated. In addition the  new skills can serve the children                                                               
well  when  they  become  adults.  Just  as  Ms.  Novotney  said,                                                               
bullying  is  negative  for   everyone.  That  includes  victims,                                                               
perpetrators, bystanders and teachers.                                                                                          
                                                                                                                                
Schools should be held responsible  for student safety, she said.                                                               
Although many schools have  anti-bullying policies, poor policies                                                               
are  useless to  harmful if  the victims  are punished  under the                                                               
zero tolerance policies.                                                                                                        
                                                                                                                                
MS.  SINGLETON  said  bullies  do turn  on  their  schools  using                                                               
vandalism and  lethal violence, which  is what happened  in North                                                               
Pole, Bethel, and Columbine.                                                                                                    
                                                                                                                                
North  Pole recently  adopted a  well-known research-based  anti-                                                               
bullying  program that  appears  to  be working  since  it was  a                                                               
student-bystander who  alerted officials of the  violent plot. It                                                               
has  been proven  that research-based  programs do  reduce school                                                               
violence  and dropout  rates, which  can save  money in  the long                                                               
run. Teachers,  students, and parents  benefit in a  culture that                                                               
is intolerant of bullying.                                                                                                      
                                                                                                                                
3:06:04 PM                                                                                                                    
DENNIS MALONEY, Attorney, Anchorage,  described litigation he was                                                               
involved  in regarding  a  bullying case  in  Anchorage. In  that                                                               
instance a bright  young man was repeatedly  and severely bullied                                                               
up until he hanged himself. That  is the end of the spectrum that                                                               
most  people don't  hear  about, he  said.  Certainly there  will                                                               
always be some  teasing, but bullying is more than  that. It's an                                                               
attempt to  gain power and  ego enrichment by  belittling another                                                               
and it  tends to  spread. An Anchorage  survey indicated  that 10                                                               
percent  of  the middle  school  students  are  afraid to  go  to                                                               
school. Anti-bullying  programs have been shown  to reduce school                                                               
violence by 75  percent within three years  of implementation, he                                                               
said.                                                                                                                           
                                                                                                                                
CHAIR DYSON  asked him to  address the  way this bill  will solve                                                               
the problem.                                                                                                                    
                                                                                                                                
MR. MALONEY said  HB 482 is the first step  in assessing how much                                                               
bullying is  going on.  If administrators  and others  don't know                                                               
what is going on, there is no hope for preventative action.                                                                     
                                                                                                                                
CHAIR DYSON told  Mr. Maloney that the committee  is time limited                                                               
and he was preaching to the choir.                                                                                              
                                                                                                                                
MR. MALONEY  said that reporting and  encouraging reporting would                                                               
put these issues  on the table. It will allow  people to identify                                                               
bullying  behavior and  give the  community  an understanding  of                                                               
what bullying really  is. This will help save the  egos and lives                                                               
of many children.                                                                                                               
                                                                                                                                
3:10:59 PM                                                                                                                    
CHAIR  DYSON mentioned  the issue  of reprisal  and immunity  and                                                               
asked if  people aren't adequately  covered under  existing state                                                               
statute.                                                                                                                        
                                                                                                                                
MR. MAHONEY  said he  didn't believe so.  The Good  Samaritan law                                                               
helps in  instances of  injury, but  it doesn't  provide immunity                                                               
from suits for slander, for instance.                                                                                           
                                                                                                                                
3:12:53 PM                                                                                                                    
MARGIE KURZBARD,  private citizen,  Fairbanks, said she  has been                                                               
working as a trainer in  the Fairbanks North Star Borough schools                                                               
to help prevent bullying in  schools. Currently 13 schools in the                                                               
district have undergone training  and have dedicated resources to                                                               
make schools  a safer  place. However, a  major problem,  and the                                                               
reason she supports  the legislation is that  teachers and others                                                               
are afraid the administration won't  be supportive. She described                                                               
it as  a top down  phenomena and said  it won't work  if teachers                                                               
don't have legal, social and administrative support.                                                                            
                                                                                                                                
MS. KURZBARD  agreed with  Senator Wilken  that most  schools are                                                               
addressing  bullying  in  some  way,   but  it  has  to  be  done                                                               
effectively.  If  the  children  who report  and  those  who  are                                                               
victimized aren't  adequately supported  and protected  they will                                                               
stop reporting  altogether. It's  important that  schools receive                                                               
adequate  administrative,  social  and legislative  support  when                                                               
they address the issue of bullying  so they can take good care of                                                               
the kids.                                                                                                                       
                                                                                                                                
CHAIR  DYSON asked  Ms.  Kurzbard to  let him  know  if she  ever                                                               
conducted training in Anchorage because he would like to attend.                                                                
                                                                                                                                
3:15:58 PM                                                                                                                    
CHAIR DYSON closed the public hearing.                                                                                          
                                                                                                                                
SENATOR KIM  ELTON spoke in  favor of  the bill saying  it offers                                                               
the opportunity  to have  a structured  environment to  deal with                                                               
bullying  or  harassment  complaints.  Last year  he  helped  his                                                               
school deal with a difficult issue  that was made more so because                                                               
people  didn't know  how to  start.  Although administrators  and                                                               
teachers understood what was happening,  a lot of time was wasted                                                               
in deciding  how to deal with  the problem. That would  have been                                                               
avoided if there had been a structure, he said.                                                                                 
                                                                                                                                
SENATOR ELTON  suggested there's  a larger  problem here  and one                                                               
that's harder to  diagnose, so the reporting  requirements in the                                                               
bill might be  very helpful. Noting the high dropout  rate in the                                                               
local high  school, he said  it's correlated to a  certain socio-                                                               
economic strata and he would  suspect that lots of students don't                                                               
go  to school  because  of behaviors  exhibited  toward them.  He                                                               
further speculated  that a number  of students are  home schooled                                                               
because  families don't  know how  to  deal with  the issue  even                                                               
though they might not be the  best type of family to provide home                                                               
schooling. The  decision to  home school may  be made  because of                                                               
fears the child has rather than for academic reasons.                                                                           
                                                                                                                                
Certainly this  bill isn't the total  solution, but it is  a good                                                               
idea and  it will help  those who are  bullied and those  who are                                                               
bullies.  To be  pulled  aside in  a  structured environment  and                                                               
informed of the result of  a destructive behavior strengthens the                                                               
culture of  the school and  makes it easier to  educate children,                                                               
he said.                                                                                                                        
                                                                                                                                
SENATOR  GREEN expressed  concern  that the  bill  had no  fiscal                                                               
note.                                                                                                                           
                                                                                                                                
3:20:35 PM                                                                                                                    
MS. NOVATNEY  explained that there  was a fiscal  note initially,                                                               
but  the  language in  Section  14.33.200(c)  was changed  to  be                                                               
permissive,  which zeroed  out the  fiscal note.  With regard  to                                                               
reporting  incidents,  she  said  school  districts  are  already                                                               
providing the information to the House and Senate.                                                                              
                                                                                                                                
SENATOR GREEN questioned why this is being put in statute.                                                                      
                                                                                                                                
MS.  NOVATNEY   explained  that  bullying  is   not  specifically                                                               
included  in the  section that  addresses procedures  for dealing                                                               
with  harassment or  other events  that result  in suspension  or                                                               
expulsion.                                                                                                                      
                                                                                                                                
CHAIR DYSON  stated that he  believes bullying is a  huge problem                                                               
and it seems as though something  is going on in our culture that                                                               
is desensitizing  people to  brutality and the  impact it  has on                                                               
others.                                                                                                                         
                                                                                                                                
3:22:46 PM                                                                                                                    
CHAIR DYSON asked  whether there was any objection  to moving the                                                               
bill.  There  was  no  objection stated  and  CSHB  482(JUD)  was                                                               
reported from  the Senate Health,  Education and  Social Services                                                               
Standing Committee.                                                                                                             

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