Legislature(2023 - 2024)BUTROVICH 205

04/11/2023 03:30 PM Senate HEALTH & SOCIAL SERVICES

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Audio Topic
03:31:08 PM Start
03:32:06 PM Confirmation Hearing(s)
03:45:40 PM SB106
03:50:25 PM SB24
04:20:36 PM SB91
05:01:25 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Consideration of Governor’s Appointees: State
Medical Board - David Barnes
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled: TELECONFERENCED
+= SB 106 HOME AND COMMUNITY-BASED WAIVER SERVICES TELECONFERENCED
Moved SB 106 Out of Committee
+= SB 24 PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION TELECONFERENCED
Heard & Held
+= SB 91 TELEHEALTH: MULTIDISCIPLINARY CARE TEAM TELECONFERENCED
Heard & Held
         SB  24-PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION                                                                     
                                                                                                                                
3:50:25 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration of  SENATE BILL NO.  24 "An Act relating  to mental                                                               
health education; and providing for an effective date."                                                                         
                                                                                                                                
He  noted that  the  committee heard  the  introduction and  took                                                               
invited  and  public  testimony  during  the  first  hearing.  He                                                               
further noted  that there was  an amendment for the  committee to                                                               
consider.                                                                                                                       
                                                                                                                                
3:50:55 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
3:57:04 PM                                                                                                                    
CHAIR WILSON reconvened the meeting  and moved to adopt Amendment                                                               
A.1 ("Amendment 1"), work order 33-LS0232\A.1.                                                                                  
                                                                                                                                
                                                 33-LS0232\A.1                                                                  
                                                Wallace/Marx                                                                    
                                                       4/3/23                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                 BY SENATOR WILSON                                                                    
                                                                                                                                
                                                                                                                                
     Page 1, following line 9:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Sec. 2. AS 14.03.016(a) is amended to read:                                                                      
          (a)  A local school board shall, in consultation                                                                      
     with  parents,  teachers,  and  school  administrators,                                                                    
     adopt policies  to promote  the involvement  of parents                                                                    
     in  the   school  district's  education   program.  The                                                                    
     policies must include procedures                                                                                           
               (1)  recognizing the authority of a parent                                                                       
     and allowing  a parent  to object  to and  withdraw the                                                                    
     child  from   a  standards-based  assessment   or  test                                                                    
     required by the state;                                                                                                     
               (2)  recognizing the authority of a parent                                                                       
     and allowing  a parent  to object  to and  withdraw the                                                                    
     child from an activity, class, or program;                                                                                 
               (3)  providing for parent notification not                                                                       
     less  than two  weeks  before any  activity, class,  or                                                                    
     program   that   includes   content   involving   human                                                                    
     reproduction, [OR] sexual matters,  or mental health is                                                            
     provided to a child;                                                                                                       
               (4)  recognizing the authority of a parent                                                                       
     and allowing  a parent  to withdraw  the child  from an                                                                    
     activity,    class,    program,   or    standards-based                                                                    
     assessment  or  test  required   by  the  state  for  a                                                                    
     religious holiday, as defined by the parent;                                                                               
               (5)  providing a parent with an opportunity                                                                      
     to   review  the   content  of   an  activity,   class,                                                                    
     performance standard, or program;                                                                                          
               (6)  ensuring that, when a child is absent                                                                       
     from  an activity,  class, program,  or standards-based                                                                    
     assessment  or test  required by  the state  under this                                                                    
     section,  the absence  is  not  considered an  unlawful                                                                    
     absence  under  AS 14.30.020   if  the  child's  parent                                                                    
     withdrew the  child from the activity,  class, program,                                                                    
     or   standards-based  assessment   or   test  or   gave                                                                    
     permission for the child's absence."                                                                                       
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, line 29:                                                                                                           
          Delete "sec. 3"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
     Page 3, line 4:                                                                                                            
          Delete "sec. 3"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
3:57:17 PM                                                                                                                    
SENATOR KAUFMAN objected for purposes of discussion.                                                                            
                                                                                                                                
3:57:21 PM                                                                                                                    
CHAIR WILSON  explained that the  amendment adds  "mental health"                                                               
to AS 14.03.016(a)(3), which is  the education statute pertaining                                                               
to parents'  rights to notification and  their child's education.                                                               
He read paragraph (3) with  the proposed addition. The subsequent                                                               
bill sections are renumbered accordingly.                                                                                       
                                                                                                                                
CHAIR WILSON asked if there were questions or comments.                                                                         
                                                                                                                                
3:58:28 PM                                                                                                                    
SENATOR  DUNBAR  asked  if parent  notification  was  already  in                                                               
statute.                                                                                                                        
                                                                                                                                
CHAIR WILSON  answered that parental notification  is in existing                                                               
statute but  it's not in  the education statutes. His  reason for                                                               
adding mental health  to this piece of statute is  to help ensure                                                               
that  parents are  aware and  can  be prepared  for any  reaction                                                               
their child  might have as  a result of discussions  about mental                                                               
health situations.                                                                                                              
                                                                                                                                
3:59:43 PM                                                                                                                    
SENATOR DUNBAR observed that mental  health is a broader category                                                               
than   human  reproduction   and   sexual   matters,  which   are                                                               
specifically mentioned in paragraph (3),  and that other parts of                                                               
the  bill call  for  specific instruction  in  mental health.  He                                                               
asked  the Chair  if  he envisioned  that  only specific  courses                                                               
would require  notification or  if it would  be required  for any                                                               
lesson that touches on mental health.                                                                                           
                                                                                                                                
CHAIR WILSON  responded that he wasn't  sure that the bill  had a                                                               
definition for "mental health."                                                                                                 
                                                                                                                                
CHAIR WILSON asked  Sharon Fishel or Kelly  Manning whether there                                                               
was a definition in statute for "mental health."                                                                                
                                                                                                                                
KELLY   MANNING,  Deputy   Director,  Innovation   and  Education                                                               
Excellence,  Department   of  Education  and   Early  Development                                                               
(DEED), Juneau, Alaska deferred the question to Ms. Fishel.                                                                     
                                                                                                                                
SHARON   FISHEL,   Education   Specialist  II,   Innovation   and                                                               
Excellence  in  Education,  Department  of  Education  and  Early                                                               
Development (DEED), Juneau, Alaska,  stated that she would follow                                                               
up with an answer.                                                                                                              
                                                                                                                                
4:01:54 PM                                                                                                                    
CHAIR  WILSON responded  to Senator  Dunbar's  question with  the                                                               
explanation that  mental health is  used broadly and  is intended                                                               
to provide guidelines for instruction,  similar to programs about                                                               
domestic violence  and sexual assault  and Brie's Law  for dating                                                               
violence. Mental health is added  to paragraph (3) to ensure that                                                               
the  department  develops  guidelines for  programs  relating  to                                                               
mental health  and that parents receive  notification about those                                                               
programs.                                                                                                                       
                                                                                                                                
SENATOR  DUNBAR   asked  whether   Brie's  Law  had   a  parental                                                               
notification component.                                                                                                         
                                                                                                                                
CHAIR WILSON answered  yes; it falls under  domestic violence and                                                               
sexual assault.                                                                                                                 
                                                                                                                                
4:03:08 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
4:04:05 PM                                                                                                                    
CHAIR WILSON reconvened the meeting.                                                                                            
                                                                                                                                
4:04:08 PM                                                                                                                    
SENATOR DUNBAR  wondered whether  there was a  way to  narrow the                                                               
amendment  so the  notification  requirement is  specific to  the                                                               
instructional  units about  mental health.  He explained  that he                                                               
didn't want  a teacher  to be disciplined  if a  class discussion                                                               
strayed  into mental  health matters.  He cited  the hypothetical                                                               
example  of a  literature class  discussing  a poet  who died  by                                                               
suicide  and that  topic is  raised in  the course  of the  class                                                               
discussion.                                                                                                                     
                                                                                                                                
CHAIR WILSON  articulated his intent  to ensure that a  parent or                                                               
guardian is notified if a topic  such as suicide is brought up in                                                               
class so they're  able to support their child if  the need arises                                                               
as a result of the class discussion.                                                                                            
                                                                                                                                
CHAIR  WILSON  asked  Ms. Fishel  if  the  parental  notification                                                               
requirement  in  the existing  statute  relating  to programs  or                                                               
classes about  human reproduction and sexual  matters extended to                                                               
discussions in other classes that touch on those topics.                                                                        
                                                                                                                                
4:06:48 PM                                                                                                                    
MS. FISHEL reminded the committee  that SB 24 is about developing                                                               
guidelines for  teachers to develop standards  for programs about                                                               
mental  health  and  not  a  curriculum.  She  pointed  out  that                                                               
teachers  need to  have some  leeway to  have conversations  with                                                               
students when topics  relating to mental health  and suicide come                                                               
up organically in a classroom.                                                                                                  
                                                                                                                                
CHAIR WILSON indicated that his question wasn't really answered.                                                                
                                                                                                                                
4:07:50 PM                                                                                                                    
SENATOR GIESSEL  countered that Ms. Fishel's  response did answer                                                               
the question.  She said Ms.  Fishel used the example  of suicide,                                                               
but she  was thinking about  everyday situations such as  a child                                                               
who is  distraught because of  domestic violence in  their family                                                               
or  their best  friend's  family  and they  bring  that  up in  a                                                               
classroom. The  teacher or a  counselor in that situation  has to                                                               
help  those students  process,  and that  is  mental health.  She                                                               
commented that  it was odd to  add mental health to  the subjects                                                               
that  require  two weeks  advance  notice  because it  would  tie                                                               
teachers' hands and prevent them  from addressing everyday topics                                                               
or conversations that might arise in any given school day.                                                                      
                                                                                                                                
4:09:45 PM                                                                                                                    
CHAIR  WILSON said  he was  willing to  rework the  amendment and                                                               
address mental health in a separate curriculum.                                                                                 
                                                                                                                                
4:09:55 PM                                                                                                                    
SENATOR  GRAY-JACKSON suggested  the committee  consider removing                                                               
the word "activity."                                                                                                            
                                                                                                                                
CHAIR  WILSON  opined that  removing  the  word "activity"  would                                                               
affect the other items in the paragraph.                                                                                        
                                                                                                                                
SENATOR KAUFMAN  commented that  it would  be worthwhile  to take                                                               
the time to make it right.                                                                                                      
                                                                                                                                
4:10:53 PM                                                                                                                    
CHAIR WILSON withdrew Amendment  1, work order 33-LS0232\A.1, and                                                               
committed to work with the sponsor.                                                                                             
                                                                                                                                
4:11:02 PM                                                                                                                    
SENATOR GRAY-JACKSON  requested permission  for the  committee to                                                               
hear DEED's reasoning and explanation  for the large fiscal note.                                                               
When the  bill was  introduced in  the previous  legislature, the                                                               
fiscal  note was  $71 thousand;  this  year the  fiscal note  had                                                               
increased  to  $256  thousand.  She  questioned  the  reason  for                                                               
increasing the size of the committee from 20 to 30 members                                                                      
                                                                                                                                
CHAIR WILSON agreed to hear the explanation.                                                                                    
                                                                                                                                
4:12:45 PM                                                                                                                    
KELLY   MANNING,  Deputy   Director,  Innovation   and  Education                                                               
Excellence,  Department   of  Education  and   Early  Development                                                               
(DEED), Juneau, Alaska,  stated that the department  met with the                                                               
sponsor and  then met  separately to consider  how to  reduce the                                                               
fiscal  note.  The  conclusion  was   that  the  fiscal  note  is                                                               
reflective of  the current  cost of the  work. She  recounted the                                                               
following factors that DEED evaluated:                                                                                          
                                                                                                                                
•  The size  of the  committee increased  from 20  to 30  members                                                               
   because DEED determined that  was appropriate for the  type of                                                               
   work that  SB 24  considers.  It will  include subject  matter                                                               
   experts in mental health  as well as  district representatives                                                               
   throughout the state to reflect different  size and geographic                                                               
   locations.                                                                                                                   
•  The work requires a  facilitator who understands  the national                                                               
   and Alaska  landscape  and is  able  to negotiate  challenging                                                               
   conversations in groups that have different perspectives.                                                                    
•  The fiscal  note for  SB  24 is  higher than  it  was for  the                                                               
   original bill  because the  cost for  this work  has increased                                                               
   significantly since COVID.                                                                                                   
•  In the  past DEED  was able  to attract  educators with  lower                                                               
   stipends, but higher stipends recognize the extra-duty work of                                                               
   educators as an important component of teacher engagement.                                                                   
                                                                                                                                
CHAIR WILSON  commented on the  general increase in  fiscal notes                                                               
from last year to this year  and stressed that Senate Finance was                                                               
taking a hard look at the increases.                                                                                            
                                                                                                                                
4:17:58 PM                                                                                                                    
CHAIR WILSON held SB 24 in committee.                                                                                           

Document Name Date/Time Subjects
SB 91 Supporting Testimony - MS Society Letter of Support 4.4.23.pdf SHSS 4/11/2023 3:30:00 PM
SB 91
3.23.23 David Barnes Medical App_Redacted.pdf SHSS 4/11/2023 3:30:00 PM
Consideration of Governor's Appointees - David Barnes - State Medical Board
SB 106 DOH Medicaid Svcs.pdf SHSS 4/11/2023 3:30:00 PM
SB 106
SB 24 Amendment A.1.pdf SHSS 4/11/2023 3:30:00 PM
SB 24
SB 91 Amendment A.6.pdf SHSS 4/11/2023 3:30:00 PM
SB 91
SB 91 amendment A.8.pdf SHSS 4/11/2023 3:30:00 PM
SB 91
SB 91 Amendment A.6 am 4.11.23.pdf SHSS 4/11/2023 3:30:00 PM
SB 91