04/29/2024 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| SJR17 | |
| SB24 | |
| HB382 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | SJR 17 | TELECONFERENCED | |
| += | HB 382 | TELECONFERENCED | |
| + | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE EDUCATION STANDING COMMITTEE
April 29, 2024
8:01 a.m.
MEMBERS PRESENT
Representative Jamie Allard, Co-Chair
Representative Justin Ruffridge, Co-Chair
Representative Mike Prax
Representative CJ McCormick
Representative Tom McKay
Representative Rebecca Himschoot
Representative Andi Story
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE JOINT RESOLUTION NO. 17
Urging the United States Congress to extend the deadline for the
state to obligate American Rescue Plan Elementary and Secondary
School Emergency Relief - Homeless Children and Youth funds.
- MOVED SJR 17 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 24(FIN)
"An Act relating to mental health education; and providing for
an effective date."
- HEARD & HELD
HOUSE BILL NO. 382
"An Act relating to education; relating to the rights of the
parents of public school students; relating to the rights of
public school teachers; relating to the records of public school
students; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SJR 17
SHORT TITLE: EXTEND DEADLINE FOR ARP-HCY FUNDS
SPONSOR(s): SENATOR(s) TOBIN
02/19/24 (S) READ THE FIRST TIME - REFERRALS
02/19/24 (S) EDC
02/26/24 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/26/24 (S) Moved SJR 17 Out of Committee
02/26/24 (S) MINUTE(EDC)
02/28/24 (S) EDC RPT 4DP
02/28/24 (S) DP: TOBIN, BJORKMAN, GRAY-JACKSON,
KIEHL
03/07/24 (S) TRANSMITTED TO (H)
03/11/24 (H) READ THE FIRST TIME - REFERRALS
03/11/24 (H) EDC
04/17/24 (H) EDC AT 8:00 AM DAVIS 106
04/17/24 (H) Scheduled but Not Heard
04/29/24 (H) EDC AT 8:00 AM DAVIS 106
BILL: SB 24
SHORT TITLE: PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
SPONSOR(s): SENATOR(s) GRAY-JACKSON
01/18/23 (S) PREFILE RELEASED 1/9/23
01/18/23 (S) READ THE FIRST TIME - REFERRALS
01/18/23 (S) EDC, HSS, FIN
02/22/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
02/22/23 (S) Heard & Held
02/22/23 (S) MINUTE(EDC)
03/06/23 (S) EDC AT 3:30 PM BELTZ 105 (TSBldg)
03/06/23 (S) Moved SB 24 Out of Committee
03/06/23 (S) MINUTE(EDC)
03/08/23 (S) EDC RPT 4DP 1NR
03/08/23 (S) DP: TOBIN, GRAY-JACKSON, STEVENS, KIEHL
03/08/23 (S) NR: BJORKMAN
03/23/23 (S) HSS AT 3:30 PM BUTROVICH 205
03/23/23 (S) Heard & Held
03/23/23 (S) MINUTE(HSS)
04/11/23 (S) HSS AT 3:30 PM BUTROVICH 205
04/11/23 (S) Heard & Held
04/11/23 (S) MINUTE(HSS)
04/13/23 (S) HSS AT 3:30 PM BUTROVICH 205
04/13/23 (S) Moved CSSB 24(HSS) Out of Committee
04/13/23 (S) MINUTE(HSS)
04/14/23 (S) HSS RPT CS 3DP 2NR SAME TITLE
04/14/23 (S) NR: WILSON, KAUFMAN
04/14/23 (S) DP: TOBIN, DUNBAR, GIESSEL
02/07/24 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/07/24 (S) Heard & Held
02/07/24 (S) MINUTE(FIN)
02/15/24 (S) FIN AT 1:30 PM SENATE FINANCE 532
02/15/24 (S) Moved CSSB 24(FIN) Out of Committee
02/15/24 (S) MINUTE(FIN)
02/19/24 (S) FIN RPT CS 4DP SAME TITLE
02/19/24 (S) DP: HOFFMAN, OLSON, KIEHL, BISHOP
03/06/24 (S) TRANSMITTED TO (H)
03/06/24 (S) VERSION: CSSB 24(FIN)
03/11/24 (H) READ THE FIRST TIME - REFERRALS
03/11/24 (H) HSS, EDC, FIN
04/11/24 (H) HSS AT 3:00 PM DAVIS 106
04/11/24 (H) Heard & Held
04/11/24 (H) MINUTE(HSS)
04/16/24 (H) HSS AT 3:00 PM DAVIS 106
04/16/24 (H) Moved CSSB 24(FIN) Out of Committee
04/16/24 (H) MINUTE(HSS)
04/17/24 (H) HSS RPT 3DP 1DNP 1NR 1AM
04/17/24 (H) DP: FIELDS, MCCORMICK, MINA
04/17/24 (H) DNP: RUFFRIDGE
04/17/24 (H) NR: PRAX
04/17/24 (H) AM: SUMNER
04/29/24 (H) EDC AT 8:00 AM DAVIS 106
BILL: HB 382
SHORT TITLE: EDUCATION; PARENT/TEACHER RIGHTS
SPONSOR(s): REPRESENTATIVE(s) CARPENTER
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) EDC, JUD
03/20/24 (H) EDC AT 8:00 AM DAVIS 106
03/20/24 (H) Heard & Held
03/20/24 (H) MINUTE(EDC)
03/22/24 (H) EDC AT 8:00 AM DAVIS 106
03/22/24 (H) Heard & Held
03/22/24 (H) MINUTE(EDC)
04/29/24 (H) EDC AT 8:00 AM DAVIS 106
WITNESS REGISTER
SENATOR LÖKI TOBIN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented SJR 17.
BARBARA DUFFIELD, Executive Director
SchoolHouse Connection
Washington, DC
POSITION STATEMENT: Gave invited testimony in support of SJR
17.
SENATOR ELVI GRAY-JACKSON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented CSSB 24.
VIOLA TAYLOR, Board Member
National Alliance on Mental Illness
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 24.
ANN RINGSTAD, Executive Director
National Alliance on Mental Illness
Fairbanks, Alaska
POSITION STATEMENT: Gave invited testimony in support of SB 24.
BESSE ODOM, Staff
Senator Elvi Gray-Jackson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 24(FIN) on behalf of Senator Gray-Jackson, prime sponsor.
REPRESENTATIVE BEN CARPENTER
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, answered questions during
the hearing on HB 382.
KENDRA BROUSSARD, Staff
Representative Ben Carpenter
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
382 on behalf of Representative Carpenter, prime sponsor.
ACTION NARRATIVE
8:01:41 AM
CO-CHAIR JUSTIN RUFFRIDGE called the House Education Standing
Committee meeting to order at 8:01 a.m. Representatives Prax,
McCormick, McKay, Himschoot, Allard, and Ruffridge were present
at the call to order. Representative Story arrived as the
meeting was in progress.
SJR 17-EXTEND DEADLINE FOR ARP-HCY FUNDS
8:03:01 AM
CO-CHAIR RUFFRIDGE announced that the first order of business
would be SENATE JOINT RESOLUTION NO. 17, Urging the United
States Congress to extend the deadline for the state to obligate
American Rescue Plan Elementary and Secondary School Emergency
Relief - Homeless Children and Youth funds.
8:03:13 AM
SENATOR LÖKI TOBIN, Alaska State Legislature, as prime sponsor,
presented SJR 17 and read from the sponsor statement [included
in the committee packet], which read as follows [original
punctuation provided]:
Alaska is experiencing an unprecedented rise in youth
experiencing homelessness, with 14 percent more
students identified as homeless in the 2022-23 school
year, totaling approximately 3,000 students statewide.
These numbers are most likely an undercount of the
students needing housing support. Housing instability
leads to dramatically higher dropout rates for these
students, impacting their future success in our
community dropping out of high school can lead to
not only higher unemployment and lower earnings, but
also worse health outcomes and higher rates of
criminal activity.
In 2021, the American Rescue Plan (ARP) Act was signed
into law and $2.3 million additional dollars were
provided to Alaska school districts to support
students experiencing homelessness. School districts
in Alaska can apply for grants to use these funds for
a wide variety of activities to support students
experiencing homelessness and improve their outcomes
in our schools. These activities range from direct
student tutoring to medical referrals to staff
training on how to identify and support students.
Under the current timeline, funds need to be obligated
by September 2024 and 40 percent of the American
Rescue Plan Homeless Children and Youth (ARP-HCY)
funds remain available. An extension will allow a
measured and thoughtful dedication of these funds,
instead of requiring schools to obligate them rapidly.
We urge your support in asking our congressional
delegation to allow school districts this necessary
additional time to obligate the remaining ARP-HCY
funds.
SENTATOR TOBIN added that a reading of the resolution could be
provided at the will of the committee.
8:06:45 AM
REPRESENTATIVE HIMSCHOOT asked whether other states were writing
similar resolutions, as she opined that [homelessness of youth]
was a national problem.
SENTATOR TOBIN replied that Ms. Duffield could talk about her
work with other states to submit resolutions to congressional
delegations as they navigate through the budget process to
provide for an extension of the fund usage.
8:07:21 AM
REPRESENTATIVE MCKAY sought understanding about where homeless
kids are living, what they are doing, and how the state would
spend the money and "implement all this."
SENTATOR TOBIN replied that the funds would be spent within the
school to provide support within the school context but were not
meant to help stabilize the children. Schools have used the
funds to provide various support services so students' education
is not disrupted, she said. She referred to page 2, lines 5
through 7, of the proposed legislation, which related what the
schools would specifically do with the funds.
REPRESENTATIVE MCKAY asked whether the districts could use the
money for something other than for homeless students if they do
not have any.
SENTATOR TOBIN reiterated that invited testifier, Ms. Duffield,
could talk more about the stipulations tied to the particular
resources.
8:10:37 AM
The committee took an at-ease from 8:10 a.m. to 8:14 a.m.
8:14:09 AM
CO-CHAIR RUFFRIDGE welcomed invited testifiers.
8:14:29 AM
BARBARA DUFFIELD, Executive Director, SchoolHouse Connection,
gave invited testimony and stated that she and her organization
strongly support SJR 17. She said that the funds were needed
now more than ever due to child homelessness being worse than it
was during the COVID-19 pandemic and it continuing to grow.
Delays in federal guidance, administrative restrictions and
processes, and lack of staff have created barriers, she
explained. She pointed out that the one additional year to use
the funds costs nothing and would allow the local school
districts to be the steward, and rather than spending to meet a
deadline, districts could use the funds as needs arise. In
closing, she urged the passage of SJR 17 to help ensure federal
dollars are maximized so that today's homeless children do not
become tomorrow's homeless adults.
8:17:10 AM
CO-CHAIR ALLARD asked Ms. Duffield whether she could send the
most updated version of the regulation stipulating where funds
can be directed.
MS. DUFFIELD confirmed that she could.
8:17:42 AM
REPRESENTATIVE PRAX noted that there was confusion regarding how
the American Rescue Plan funds were being spent.
MS. DUFFIELD clarified that there are two types of American
Rescue Plan funds, but the fund under discussion now is
specifically dedicated to students experiencing homelessness.
There are no concerns or investigations into how the funds are
being used, she stated. In response to a follow-up comment, she
assured Representative Prax that the requirements were clear and
well-understood.
8:20:15 AM
REPRESENTATIVE HIMSCHOOT asked whether other states are in the
same situation and are also writing resolutions asking for the
extension.
MS. DUFFIELD replied that she was not aware of other state
legislatures writing resolutions along the same lines but added
that there had been effort in the U.S. Senate with 32 Senators
signing on.
8:21:41 AM
CO-CHAIR RUFFRIDGE asked what would happen if the funds were not
spent by September. He further inquired what the funds would be
spent on.
MS. DUFFIELD responded that the funds need to be obligated by
September 30, 2024, and funds that are not spent or obligated go
back to the treasury. She illustrated the various ways
districts are allowed to spend the funds, all being locally
determined, and she added that schools have discretion and
flexibility on how funds are used.
CO-CHAIR RUFFRIDGE asked Senator Tobin for an example of how
funds are used locally.
SENATOR TOBIN replied that the Department of Education and Early
Development (DEED) received $2.35 million in homeless children
and youth funds from the American Rescue Plan and has directed
those funds to state level and district level activities.
8:25:07 AM
CO-CHAIR ALLARD asked Senator Tobin whether she was aware of any
other extension in the country or whether Alaska was the only
state putting forth an extension.
SENATOR TOBIN explained that she worked with the congressional
delegation that requested she sponsor a resolution, and the
funds would be extended for every state. Other states are
requesting, but maybe not in the same form, she said.
8:25:55 AM
REPRESENTATIVE PRAX asked whether efforts are coordinated with
other state agencies.
SENTATOR TOBIN confirmed that there was interagency activity,
which is why DEED put money towards the district homelessness
liaison.
REPRESENTATIVE PRAX inquired about the plan for an ongoing
program.
SENTATOR TOBIN spoke to annual funds from a program associated
with homeless children and that there was a recent increase in
the funds; the nation receives approximately $800 million per
year. In response to a follow-up question, she reiterated that
DEED administers the funds.
8:29:37 AM
CO-CHAIR RUFFRIDGE opened public testimony on SJR 17. After
ascertaining no one wished to testify, he closed public
testimony.
8:30:13 AM
REPRESENTATIVE STORY stated that she appreciated the resolution
coming forward.
8:30:55 AM
The committee took an at-ease from 8:30 a.m. to 8:31 a.m.
8:31:46 AM
SENTATOR TOBIN, in response to Representative Prax, said that in
regard to the program, the funds are not used for prevention but
for students to get access to education.
REPRESENTATIVE PRAX sought to ensure that an added burden would
not be directed towards teachers.
SENTATOR TOBIN confirmed it would not.
8:34:24 AM
CO-CHAIR ALLARD moved to report SJR 17 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, SJR 17 was reported out of the House
Education Standing Committee.
8:34:52 AM
The committee took an at-ease from 8:34 a.m. to 8:37 a.m.
SB 24-PUBLIC SCHOOLS: MENTAL HEALTH EDUCATION
8:37:42 AM
CO-CHAIR RUFFRIDGE announced that the next order of business
would be CS FOR SENATE BILL NO. 24(FIN), "An Act relating to
mental health education; and providing for an effective date."
8:38:14 AM
SENATOR ELVI GRAY-JACKSON, Alaska State Legislature, as prime
sponsor, presented CSSB 24(FIN). She read from the sponsor
statement [included in the committee packet] which read as
follows [original punctuation provided]:
CSSB 24 amends the existing health education
curriculum statute to include mental health in all K-
12 health classrooms to adequately educate students on
vital information pertaining to mental health
symptoms, resources, and treatment.
The Alaska State Board of Education and Early
Development and the Alaska Department of Education and
Early Development (DEED) will develop guidelines for
instruction in mental health in consultation with
numerous stakeholders. Such organizations include, but
are not limited to, the National Council for
Behavioral Health, Providence Health and Services
Alaska, Southcentral Foundation, Anchorage Community
Mental Health Services, Inc., North Star Behavioral
Health System, and the National Alliance on Mental
Health Illness Alaska. The standards will be developed
in consultation with counselors, educators, students,
administrators, and other mental health organizations
to form effective guidelines for school boards,
teachers, and students.
After standards have been developed, the Alaska State
Board of Education and Early Development and DEED will
be responsible for implementation throughout the
Alaska school system. As with existing health
education curriculum, the DEED, the Department of
Health, and the Council on Domestic Violence and
Sexual Assault will provide technical assistance to
school districts in the development of personal safety
curricula. An existing school health education
specialist position will assist in coordinating the
program statewide.
CSSB 24 aims to decrease the stigma surrounding mental
illnesses and increase students' knowledge of mental
health, encouraging conversation around and
understanding of the issue.
SENATOR GRAY-JACKSON related that she had had conversations with
students who spoke of losing friends and being "desperate" to
have mental health education in their school.
8:41:29 AM
CO-CHAIR RUFFRIDGE welcomed invited testifiers.
8:42:30 AM
VIOLA TAYLOR, Board Member, National Alliance on Mental Illness
(NAMI), gave invited testimony in support of SB 24 and provided
her background. She said she lived her life in the mental
health system since she was 19. Looking back, she said, she
remembered her mental health struggles and she wished she had
recognized them earlier. She added that she is doing better
now, and she works with her peers and clients but stated that
she missed many milestones due to her disability. She asked the
committee to support what she referred to as a very important
piece of legislation to support mental health for public schools
and to help kids with mental issues.
8:46:26 AM
ANN RINGSTAD, Executive Director, National Alliance on Mental
Illness, gave invited testimony in support of SB 24. She stated
that mental health affects every aspect of people's lives and is
a special part of overall health. She gave examples of youths
in the U.S. who experience mental health struggles. Knowing how
to talk about mental health issues at age-appropriate levels
with students is of utmost importance, and youths need to be
guided through the formative years, she said. Open discussions
about mental health so students are not afraid to come forward
if they are struggling and having statewide guidelines available
to address the challenges are also important goals. She spoke
on behalf of NAMI standing ready to assist in the statewide
effort to end the stigma of mental illness by working with the
stakeholders over the next two years to create developmentally
appropriate mental health guidelines for public schools to help
support youths in their formative years. She thanked the
committee for consideration of the legislation.
8:49:57 AM
REPRESENTATIVE PRAX asked Ms. Ringstad about the proposed
direction and whether it is trying to develop curricula as part
of classwork, trying to inform teachers of the signs, or both.
MS. RINGSTAD said the bill would establish the overall
guidelines so that the best curricula could be developed in the
different schools to address the issues. In response to a
follow-up question, she said it would be a two-year process, and
there would be a number of meetings with stakeholders to examine
the guidelines. After the two-year process, the issue would
come back to the legislature for review, she stated.
8:52:28 AM
CO-CHAIR RUFFRIDGE invited questions and comments from committee
members.
8:52:42 AM
REPRESENTATIVE STORY expressed curiosity about the two-year
[timeline] versus one-year.
SENATOR GRAY-JACKSON replied that she could not answer the
question at this time.
8:53:42 AM
BESSE ODOM, Staff, Senator Elvi Gray-Jackson, Alaska State
Legislature, answered questions during the hearing on CSSB 24 on
behalf of Senator Gray-Jackson, prime sponsor. She explained
that two years as a timeline was so that stakeholders had ample
time to discuss the guidelines, and it was also a recommendation
from DEED.
8:54:13 AM
CO-CHAIR RUFFRIDGE asked for examples how the proposed bill
could mesh with all the other things that schools are required
to teach or accomplish.
SENATOR GRAY-JACKSON pointed out that CSSB 24(FIN) contained the
word "encourage" and that she was hopeful that school districts
will be encouraged to do right on behalf of the children of
Alaska.
MS. ODOM added that some concerns from local districts were that
there would be another mandate or requirement for schools that
are already stretched thin, and she stressed that the bill is an
encouragement, not a mandate. It would give schools local
control of whether or not they have the capacity to implement
the mental health curriculum into their schools, she explained.
The curriculum would be taught by health teachers, or "regular"
teachers, and would add on to already existing materials in
regard to health classes, she said.
CO-CHAIR RUFFRIDGE asked for examples of other places where the
curriculum has been implemented.
MS. ODOM stated there are examples across the U.S. and she drew
attention to a significant example in Washington. She said she
could distribute the information to the committee at a later
date.
8:57:18 AM
REPRESENTATIVE PRAX noted that he would appreciate hearing from
DEED and that it would be helpful to have them join in person.
CO-CHAIR RUFFRIDGE pointed out that representatives from the
department are online.
8:58:25 AM
REPRESENTATIVE MCCORMICK conveyed that the bill should be moved
and to not "drag our feet." He opined that the mental health
crisis is something the committee should deal with expediently.
8:59:14 AM
CO-CHAIR RUFFRIDGE announced an amendment deadline and that CSSB
24(FIN) was held over.
8:59:51 AM
The committee took an at-ease from 8:59 a.m. to 9:05 a.m.
HB 382-EDUCATION; PARENT/TEACHER RIGHTS
9:05:32 AM
CO-CHAIR RUFFRIDGE announced that the final order of business
would be HOUSE BILL NO. 382, "An Act relating to education;
relating to the rights of the parents of public school students;
relating to the rights of public school teachers; relating to
the records of public school students; and providing for an
effective date."
9:05:56 AM
The committee took an at-ease from 9:05 a.m. to 9:11 a.m.
9:11:39 AM
CO-CHAIR RUFFRIDGE announced that the amendment process would
begin.
9:11:51 AM
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 1 to HB 382,
labeled 33-LS1056\U.7, Bergerud, 3/22/24, which read as follows:
Page 1, lines 2 - 3:
Delete "relating to the records of public school
students;"
Page 6, line 6, through page 12, line 9:
Delete all material.
Renumber the following bill sections accordingly.
Page 14, line 2:
Delete "sec. 4"
Insert "sec. 3"
Page 14, line 3:
Delete "sec. 5"
Insert "sec. 4"
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE HIMSCHOOT explained that the amendment would
delete Section 3 because the content is modeled on the federal
Privacy Act and is already addressed in federal law. The intent
is to not add more statute than is needed, she said.
CO-CHAIR RUFFRIDGE invited the bill sponsor to answer questions.
9:13:02 AM
REPRESENTATIVE BEN CARPENTER, Alaska State Legislature, as prime
sponsor of HB 382, said that he would support the will of the
committee on the amendment, and noted that the intent of the
bill is to get better local control for schools. He said he
recognized that the section the amendment dealt with was student
records, and the rights of parents are as spelled out in federal
statute, which can change. He stated that he appreciated the
concept of keeping statues necessary and essential, and that he
believed it was important that the state speaks about what
Alaska's state policies are and not just rely on the federal
government.
9:15:05 AM
CO-CHAIR ALLARD agreed with Representative Carpenter and noted
that federal law is consistently changing. She added that "if
it is not in state statute, it could be open to lawsuits," which
is not fair to people; in state statute, it is more locally
controlled, she said. She stated that she would not support
Amendment 1.
9:15:39 AM
The committee took an at-ease from 9:15 a.m. to 9:16 a.m.
9:16:51 AM
REPRESENTATIVE CARPENTER noted that if the state's version of
the Family Educational Rights and Privacy Act (FERPA) is in
state statute and the federal statute changes, there could be
some questioning within the districts and lead to confusion.
9:18:03 AM
REPRESENTATIVE STORY said she understood Representative
Carpenter's thoughts and wished to add to the conversation that
changing federal law as far as FERPA would be a difficult thing
to do, and highly unlikely. She stated that she supported the
amendment.
REPRESENTATIVE HIMSCHOOT offered her belief that FERPA is an
incredibly important law, but stated she did not like having the
law in two places, which was the point of the amendment.
9:19:43 AM
A roll call vote was taken but subsequently voided.
9:20:17 AM
The committee took a brief at-ease at 9:20 a.m.
9:20:38 AM
CO-CHAIR RUFFRIDGE noted that the previous roll was voided and
called for another vote on Amendment 1 to HB 382.
A roll call vote was taken. Representatives Himschoot, Story,
and McCormick voted in favor of Amendment 1 to HB 382.
Representatives McKay, Prax, Allard, and Ruffridge voted against
it. Therefore, Amendment 1 to HB 382 failed by a vote of 3-4.
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 2 to HB 382,
labeled 33-LS1056\U.8, Bergerud, 3/22/24, which read as follows:
Page 13, lines 29 - 30:
Delete "requiring a student to use only
facilities designated for members of the student's
biological sex"
Insert "providing access to unisex, single-occupant
bathrooms and locker room facilities; the state shall
reimburse a school district for costs incurred to
comply with this paragraph"
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE HIMSCHOOT said that she strongly agreed with the
bill sponsor on the importance of privacy for students but had
concerns about the section in the bill. She restated the
verbiage in Amendment 2 and summarized that the amendment would
support the schools, the students, and the right to privacy that
children should have.
9:23:01 AM
REPRESENTATIVE CARPENTER said he was opposed to Amendment 2 due
to the cost it may be to "retrofit" all the schools in the
state. It seemed cost-prohibitive, he said, and he added that
he was sensitive to teachers and administrators "policing"
students' bodies.
9:24:49 AM
REPRESENTATIVE STORY shared an opinion she received from
Legislative Legal Services that it would be a violation of
students' privacy rights. She stated she supported Amendment 2
but stressed the importance of hearing from some of the school
districts. She offered her belief that there may not be as
large a fiscal note as was thought.
REPRESENTATIVE CARPENTER questioned which students and privacy
rights were being addressed. He said if privacy is the issue,
then there needs to be a different solution because all students
should have the same privacy rights.
9:27:21 AM
REPRESENTATIVE MCCORMICK expressed curiosity as to how it would
apply to schools that have to take bathroom buses via four-
wheeler due to not having bathrooms in the school.
REPRESENTATIVE HIMSCHOOT responded that depending on how remote
facilities are set up, they may already be providing privacy for
everyone; therefore, everyone would be safe.
9:29:16 AM
CO-CHAIR ALLARD related an incident of a student using restroom
facilities for the opposite sex which traumatized another
student; therefore, she stated she did not support Amendment 2.
CO-CHAIR RUFFRIDGE highlighted the term "governing body" [in
subsection (a) of Section 6 of HB 382, on page 12, line 28] and
asked whether it referred to each school district.
9:30:52 AM
KENDRA BROUSSARD, Staff, Representative Ben Carpenter, Alaska
State Legislature, on behalf of Representative Carpenter, prime
sponsor, pointed out to Co-Chair Ruffridge that he was reading
from current law that each governing body, which is the school
district, shall adopt a written school disciplinary and safety
program. She further explained that it is a written requirement
which is different from a construction requirement.
CO-CHAIR RUFFRIDGE referred to charter schools and questioned
whether a parent may be a governing body, or the school district
where the language would reside.
REPRESENTATIVE CARPENTER offered his belief that would be
specified in the charter agreement and may not be the same for
each charter school.
9:32:39 AM
REPRESENTATIVE STORY commented that she agreed with
Representative Carpenter in that it would be an overall school
district policy, and that all student rights should be
protected. She offered her strong support for the Amendment 2.
9:33:58 AM
REPRESENTATIVE MCCORMICK articulated his support of Amendment 2,
and he related that there were statistics supporting that when
individuals are forced to use restrooms that do not coincide
with their gender as opposed to their biological sex, there is
an increase likelihood they would be subjected to violence
within those situations. He opined that the amendment is a
compromise on the bill as it was already written leading to
safer situations for students.
9:35:40 AM
REPRESENTATIVE PRAX spoke against Amendment 2 and opined that it
would not solve the underlying problem and would cost too much
money.
REPRESENTATIVE PRAX moved to adopt Conceptual Amendment 1 to
Amendment 2 to insert the word "by" and delete "by requiring"
and insert a period after "sex".
CO-CHAIR ALLARD objected.
9:37:42 AM
The committee took an at-ease from 9:37 a.m. to 9:41 a.m.
9:41:27 AM
REPRESENTATIVE PRAX moved to withdraw Conceptual Amendment 1 to
Amendment 2. [There being no objection, it was so ordered.]
REPRESENTATIVE HIMSCHOOT said that Amendment 2, even though it
is a written policy, puts the state behind resolving the issue
of every student having the privacy they deserve and to do this,
the state must support districts in their written policy and
make lockers and restrooms unisex.
9:42:27 AM
A roll call vote was taken. Representatives McCormick,
Himschoot, and Story voted in favor of Amendment 2 to HB 382.
Representatives McKay, Prax, Allard, and Ruffridge voted against
it. Therefore, Amendment 2 failed by a vote of 3-4.
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 3 to HB 382,
labeled 33-LS1056\U.9, Bergerud, 3/27/24, which read as follows:
Page 1, line 11:
Delete "and make copies of, at no cost,"
CO-CHAIR ALLARD objected.
REPRESENTATIVE HIMSCHOOT explained the verbiage that would be
removed and added that the issue with the section of the bill is
that curriculum and teaching materials can get very expensive.
The words "at no cost" are misleading because someone has to
pay, she stated. She reiterated the amendment related to the
copying only.
9:44:47 AM
REPRESENTATIVE CARPENTER noted that Amendment 3 is similar to
Amendment 19, and he would support the amendment if the "at no
cost" piece were dropped.
9:45:30 AM
CO-CHAIR ALLARD said her issue was taxpayers whose money goes to
education, and she did not believe parents should be "picking up
the bill" for copies. She said she does not support the
amendment.
CO-CHAIR RUFFRIDGE disagreed and stated that not all parents are
taxpayers.
9:46:18 AM
REPRESENTATIVE STORY stated that she supported Amendment 3. She
noted that budgets are very tight currently and she shared a
story of going to a basketball game and that programs are
normally printed out but there were none due to the school
budget being tight; therefore, no copies or printouts were being
produced.
9:48:35 AM
REPRESENTATIVE PRAX offered his belief that the labor making the
copies could be a considerable cost and not just the cost of the
paper. He noted that in his borough one must pay for copies,
and that could end up costing a significant amount. He
concluded that the body must think carefully about this.
9:49:34 AM
CO-CHAIR RUFFRIDGE stated he did not support Amendment 3 in
hopes to support Amendment 19 when it is time.
9:49:56 AM
REPRESENTATIVE CARPENTER commented that the paper is expensive
but the toner is more so.
REPRESENTATIVE HIMSCHOOT pointed out that school curriculum,
when bought from a publisher, has very strict guidelines around
how it can be used. The cost remained a major concern for her,
she said, and copyright issues were an additional concern.
9:51:28 AM
CO-CHAIR RUFFRIDGE suggested that the word "make" should say
"provide a copy of" surrounding copyright issues.
REPRESENTATIVE HIMSCHOOT responded regarding curriculum and the
various textbooks included in it, and an extra set of the
teacher's guide could be made available to families by request.
Each additional set is an extra expense but "that could be a
compromised solution here," she said.
CO-CHAIR RUFFRIDGE said that as a parent he did not want to see
the teacher's guide, but would, for example, inspect a math
book. He added that there is a vested interest in looking at
what the plan for the semester year is as well.
9:54:23 AM
REPRESENTATIVE CARPENTER offered his belief that there is
nothing the school does with the intention of keeping secrets
from parents, but through policies, that is the effect that ends
up happening.
9:55:26 AM
REPRESENTATIVE STORY said that if parents felt they were
obstructed from seeing curriculum and "turned away," then the
principal should be addressed.
9:56:04 AM
REPRESENTATIVE HIMSCHOOT pointed out curriculum not being
defined in statute and provided a definition she read from the
Oxford English Dictionary. She acknowledged it was a very broad
description; therefore, her amendment did not specifically
address the definition of curriculum but further added that
making copies is problematic for copyright reasons.
CO-CHAIR RUFFRIDGE maintained his objection to Amendment 3.
9:57:06 AM
A roll call vote was taken. Representatives McCormick,
Himschoot, and Story voted in favor of Amendment 3 to HB 382.
Representatives Prax, McKay, Allard, and Ruffridge voted against
it. Therefore, Amendment 3 failed by a vote of 3-4.
9:57:48 AM
REPRESENTATIVE HIMSCHOOT moved to adopt Amendment 4 to HB 382,
labeled 33-LS1056\U.10, Bergerud, 3/27/24, which read as
follows:
Page 2, lines 1 - 2:
Delete all material.
Renumber the following paragraphs accordingly.
CO-CHAIR RUFFRIDGE objected.
REPRESENTATIVE HIMSCHOOT explained that the deletion addressed
parents meeting with teachers in person or by video conference.
She said it is common practice and twice a year is far too
little, and the parent has a right to meet with the teacher any
time they want. She offered her belief it was unnecessary to
put into law that it would happen only twice a year.
9:59:13 AM
REPRESENTATIVE CARPENTER addressed the addition in the
underlying bill on page 2, lines 1 through 2, and pointed out
that the amendment addressed is not currently in state law.
10:00:24 AM
CO-CHAIR ALLARD referred to her experience with Eagle River High
School and shared that that school does not have parent teacher
conferences anymore. She expressed her shock that schools want
parents to be more involved yet do not "open the door for that."
She added that she would not support Amendment 4.
10:01:30 AM
REPRESENTATIVE MCCORMICK asked Representative Carpenter whether
there would be consequences for parents if they do not meet with
the school district at least twice a year.
REPRESENTATIVE CARPENTER offered his belief that using "allow" -
not "require" - would not be interpreted by a judge or any other
law to say that the parents must meet. Parents could exercise
their right to participate in conferences at least twice a year
with the teacher, he said.
10:03:18 AM
REPRESENTATIVE STORY shared her belief that parent teacher
conferences are required in Alaska, and she questioned which
districts are not participating.
REPRESENTATIVE CARPENTER responded that he could request the
information from DEED.
10:04:24 AM
REPRESENTATIVE HIMSCHOOT reiterated her concern regarding "in
person or video conference" but not involving telephonic.
CO-CHAIR RUFFRIDGE maintained his objection.
10:05:16 AM
A roll call vote was taken. Representatives McCormick,
Himschoot, and Story voted in favor of Amendment 4 to HB 382.
Representatives Prax, McKay, Allard, and Ruffridge voted against
it. Therefore, Amendment 4 failed by a vote of 3-4.
CO-CHAIR RUFFRIDGE reopened an amendment deadline and announced
that HB 382 was held over.
10:06:41 AM
ADJOURNMENT
There being no further business before the committee, the House
Education Standing Committee meeting was adjourned at 10:07 a.m.