Legislature(2005 - 2006)BUTROVICH 205
05/06/2006 09:00 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB347 | |
| HB482 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 347 | TELECONFERENCED | |
| + | HB 482 | TELECONFERENCED | |
HB 482-SCHOOL:BULLYING/HARASSMENT/INTIMIDATION
9:46:08 AM
CHAIR RALPH SEEKINS announced CSHB 482(JUD) to be up for
consideration.
REPRESENTATIVE TOM ANDERSON, bill sponsor, introduced the bill
and advised the committee that a member of his staff would
explain the details.
CRYSTAL NOVATNEY, Staff to Representative Anderson, explained
that HB 482 addresses the growing problem of "bullying" in the
schools. Bullying has a negative effect on the social
environment and on the emotional and mental well being of
children. Recent studies suggest that bullying creates a climate
of fear among students, inhibits their ability to learn, and
leads to other anti-social behavior.
The bill would require 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 similar
laws and another 24 states are in the process of adopting
similar legislation.
9:49:32 AM
SENATOR GRETCHEN GUESS referred to page 3, line 2 and asked
whether the bill would open up the ability for a volunteer or
student to be sued.
MS. NOVATNEY advised that was not the intent and that the
language mirrored statutes from other states.
REPRESENTATIVE ANDERSON listed the states that have similar
legislation.
CHAIR SEEKINS said he would be interested in knowing if the
other states require an affirmative duty to report if the school
employee, volunteer or student saw evidence of bullying.
9:53:03 AM
SENATOR HOLLIS FRENCH noted a person could construct a set of
facts under which the failure to report was so egregious that it
would rise to a level of action. People should be held
responsible for what happens at school, he said. The problem
with granting immunity to everyone at school is that there are
cases where a person is aware of the bullying but doesn't report
it.
CHAIR SEEKINS commented that the bill has no requirement for the
person to report it. It is encouraged but not required.
9:55:10 AM
REPRESENTATIVE ANDERSON said he would be willing to incorporate
changes to strengthen the bill.
9:56:27 AM at ease 10:18:52 AM.
CHAIR SEEKINS asked for amendments.
SENATOR CHARLIE HUGGINS moved Amendment 1. Page 2, line 26,
delete "is encouraged to" and insert "shall." Hearing no
objections, the motion carried.
10:19:49 AM
SENATOR HUGGINS moved Amendment 2. Page 3, line 2 delete the
word "promptly." Line 4 delete "an appropriate" and insert "a",
delete "and in compliance with the procedures in the district's
policy prohibiting harassment, intimidation, or bullying."
Hearing no objections, the motion carried.
SENATOR HUGGINS moved Amendment 3. Page 3, line 11 following the
word "act," delete the words "including an act directed at a
student because of that person's race, age, sex, color, creed,
sexual orientation, physical or mental disability, ancestry, or
national origin or other distinguishing characteristics."
Hearing no objections, the motion carried.
10:21:59 AM
SENATOR FRENCH asked whether that would include the nurse and
the janitor.
SENATOR HUGGINS said yes.
SENATOR GENE THERRIAULT agreed and said the janitor is a paid
professional in the school and should be held responsible to
report bullying.
10:23:29 AM
CHAIR SEEKINS would now read "school official."
SENATOR HUGGINS moved Amendment 4. Add a new paragraph (3) to
read; "school official" means all employees at such a school
including all teachers, administrators, and non-certified
personnel such as para-professionals and other support staff.
Hearing no objections, Amendment 4 was adopted.
10:24:26 AM
TOM HARVEY, Executive Director, NEA Alaska testified in support
of the bill.
JUDY KOMOROWSKI, Tok, testified in support of the bill. She
related a personal story of harassment that occurred to her son
and told of her struggles with the school board in addressing
the situation.
10:35:17 AM
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved SCS CSHB 482(JUD) from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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