Legislature(1995 - 1996)
04/15/1996 09:10 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES COMMITTEE
April 15, 1996
9:10 a.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Loren Leman, Vice-Chairman
Senator Mike Miller
Senator Johnny Ellis
Senator Judy Salo
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
HOUSE BILL NO. 30
"An Act relating to a dress code for public schools."
HOUSE BILL NO. 93 am
"An Act relating to the duty-free mealtime for teachers in certain
school facilities."
CS FOR HOUSE BILL NO. 339(JUD) am
"An Act relating to children-in-need-of-aid proceedings; relating
to the termination of parental rights of incarcerated parents; and
providing for an effective date."
CS FOR HOUSE BILL NO. 480(HES)
"An Act relating to physician assistants." was not referred to the
Senate Health, Education & Social Services Committee at this time.
PREVIOUS SENATE COMMITTEE ACTION
HB 30 - No Senate action to record.
HB 93 - No Senate action to record.
HB 339 - No Senate action to record.
WITNESS REGISTER
Jonathan Sperber, Staff
Representative Bettye Davis
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Read the sponsor statement.
Paul Berg
8505 Mendenhall Loop Road
Juneau, Alaska 99801
POSITION STATEMENT: Supported HB 30.
Nancy Buell, Director
Division of Teaching and Learning Support
Department of Education
801 W 10th Street, Suite 200
Juneau, Alaska 99801-1894
POSITION STATEMENT: Expressed neutrality on HB 30.
Carl Rose, Executive Director
Alaska Association of School Boards
316 W 11th Street
Juneau, Alaska 99801-1510
POSITION STATEMENT: Supported HB 30.
Myrna McGhie, Staff
Representative James
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Explained HB 93.
Representative Rokeberg
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime sponsor of HB 339.
Peggy Thomas, Foster Parent
9208 Long Run Drive
Juneau, Alaska 99801
POSITION STATEMENT: Urged support of HB 339.
Diane Worley, Director
Division of Family & Youth Services
Department of Health & Social Services
PO Box 110660
Juneau, Alaska 99811-0630
POSITION STATEMENT: Supported HB 339.
Jan Rutherdale, Assistant Attorney General
Civil Division
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Supported HB 339.
ACTION NARRATIVE
TAPE 96-33, SIDE A
HB 30 SCHOOL DRESS CODES
Number 001
CHAIRMAN GREEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:10 a.m. and introduced
HB 30 as the first order of business before the committee.
JONATHAN SPERBER, Staff to Representative Bettye Davis, read the
following sponsor statement:
HB 30 would provide an important discretionary tool for school
districts to use in improving the health and safety of students and
teachers. The bill is supported by the Association of Alaska
School Boards, the Anchorage School District and the Kodiak Island
Borough School District.
HB 30 is a response to gang-related behavior. Gangs in Alaska, as
in the lower 48, use clothing to communicate. In the Kodiak
schools, for example, there have been violent fights involving
weapons as a result of who is wearing what colors. Uniforms go a
long way toward providing a neutral coat of arms for children whose
clothing might otherwise make them targets.
The president of the Association of Alaska School Boards has said
that:
To address some of the manifestations of these problems,
schools must be given the tools to establish policies which
promote optimum educational environments and protect the
health and safety of kids and teachers. In our opinion, HB 30
does this.
Adopting a school uniform policy would be voluntary under HB 30.
Additionally, parents would have the ability to exclude their
children from wearing uniforms. It has been the experience of
school districts in other states, however, that few students have
chosen to opt out of these very successful programs.
In Charleston County, S.C., for example, where nearly half the
public schools have adopted voluntary uniform policies, educators
praise their leveling, egalitarian effect. The students take pride
in their studies, viewing school as a place of work rather than
just somewhere to hang out with friends.
In Long Beach, Cal. school district, which includes 56 elementary
and 14 middle schools, adopting a school uniform policy reduced
physical fights by 51%, assault and battery cases by 34%, and
suspensions by 32%. In a recent nationwide survey of 5,500
secondary school principals, 70% said they believe uniforms would
reduce violence.
HB 30 also requires that a school district, in order to require
students to wear uniforms, must first determine that financial
resources are available to assist economically disadvantaged
students. It has been the experience of many parents that
providing three uniforms per year for a child is far less expensive
than purchasing fashionable clothing.
Number 061
PAUL BERG, a 5th grade teacher at Glacier Valley School, informed
the committee that he had been a teacher in Alaska for 19 years.
He said that America's youth are in trouble. The U.S. is topping
the charts in youth violence, suicide, teenage pregnancy, drug use,
and anti-social behavior. This is an American cultural phenomena
which is supported in his investigations. Mr. Berg informed the
committee that he does investigative searches for many
publications.
Mr. Berg identified the following assumptions in American education
and the rearing of adolescents that appear to be flawed:
*Adolescents should be left alone, so much is happening to
them that adult influence is not necessary.
*Place little pressure from the adult world on adolescents
because it may damage the children.
*Do not hold adolescents accountable academically or through
criminal codes.
Mr. Berg indicated that the children realize these assumptions.
This is facilitating youth dysfunction. In cultures without the
problems or adolescent dysfunction experienced in America, two
basic patterns. The first pattern of these other cultures is to
integrate the adolescent into the adult world very quickly. For
example, in the area of Lausanne the adolescent is part of the
family and village economy by the time the adolescent is 14 years
old. The adolescent is embraced by the adult society. Therefore,
the trauma of becoming an adult is not experienced to the level as
in the U.S. In more advanced industrial societies that do not
experience trauma in becoming an adult, another pattern is
illustrated. The adult world places much pressure, academic and
social, on the adolescent which is the opposite philosophy of that
in the U.S. Frequently, these adolescents are required to wear
uniforms. Uniforms are the extension of the adult world. Mr. Berg
supported HB 30. Uniforms are needed as a tool.
Number 147
NANCY BUELL, Department of Education, said that the department has
no strong point of view. The State Principals Association is also
neutral on this bill and does not foresee any difficulty in
enforcing this.
CARL ROSE, Alaska Association of School Boards, supported HB 30.
He discussed his visit with a Close-Up group recently in which
HB 30 was discussed. If there is an opportunity to create a
positive environment in schools with dress codes and input from the
community, that would positively reflect on the children as well.
CHAIRMAN GREEN brought up the issue of backpacks in the Anchorage
school district. She inquired as to the will of the committee.
SENATOR SALO moved that HB 30 be reported out of committee with
individual recommendations. Hearing no objection, it was so
ordered.
HB 93 DUTY-FREE MEALTIME FOR TEACHERS
Number 213
CHAIRMAN GREEN introduced HB 93 as the next order of business
before the committee.
BARBARA COTTING, Staff to Representative James, said that HB 93
would remove from statute the strict hours of 11:00 a.m. to 1:00
p.m. for duty free mealtime for teachers. Many districts are in
violation of this statute. Several school districts have requested
this.
SENATOR LEMAN asked why the language " and the union representing
teachers " was in the bill; are all teachers in Alaska represented
by unions? BARBARA COTTING said that this language was requested
throughout the process and the language was added on the floor.
Ms. Cotting believed that all teachers in Alaska are represented by
a union.
SENATOR LEMAN suggested that the language should read as follows,
"between the governing body and the teachers".
SENATOR SALO pointed out that much of statute refers to "the
recognized bargaining agent". There are 54 school districts in
Alaska. She believed that only one of those districts did not have
a union, although that would not preclude that district from having
a bargaining agent. Senator Salo felt it correct to specify either
the "union" or "the recognized bargaining agent."
SENATOR LEMAN inquired as to how the bill read before the language
was added. BARBARA COTTING explained that there was a period after
"30 minutes" and the language "between 11:00 a.m. and 1:00 p.m."
was deleted. The entire underlined section was added on the House
floor.
CHAIRMAN GREEN believed that this issue was present last session.
BARBARA COTTING said that it was part of another bill in the
Senate.
Number 270
SENATOR MILLER said that he was leery of placing this because it
will be another item to be negotiated between the districts and the
unions. Senator Miller moved that the underlined language " between
such hours as the governing body and the union representing
teachers in a school district may specify " be deleted.
SENATOR SALO objected. She said that in most of Alaska a 30 minute
duty free mealtime did not happen before this statute. The hours
were specified and did create some problems in a few districts.
The problem is with principals who have difficulty with scheduling.
Teachers can be given a lunch half hour between 11:00 a.m. and 1:00
p.m., but if districts were not held to that the possibility to
schedule lunch at inappropriate times would be allowed. A teacher
who has not had the chance to have some lunch is not good for the
teacher or the students. The duty free lunch is seldom duty free.
Senator Salo preferred adding the language "between 11:00 a.m. and
1:00 p.m., except where negotiated to be different."
Upon a roll call vote regarding the adoption of the amendment,
Senators Green, Leman and Miller voted "Yea" and Senator Salo voted
"Nay". Senator Ellis was not present at this time. The amendment
was adopted.
SENATOR LEMAN moved to report SCS HB 93(HES) out of committee with
individual recommendations and the accompanying fiscal notes.
SENATOR SALO objected.
Upon a roll call vote, Senators Green, Leman and Miller voted "Yea"
and Senator Salo voted "Nay". Senator Ellis was not present at
this time. SCS HB 93(HES) was reported out of committee.
HB 339 TERMINATION OF PARENTAL RTS OF PRISONERS
Number 331
CHAIRMAN GREEN introduced HB 339 as the next order of business
before the committee.
REPRESENTATIVE ROKEBERG, Prime Sponsor, informed the committee that
HB 339 had five hearings in the House and was substantially amended
on the House floor. HB 339 allows the courts to consider that a
parent is incarcerated when determining whether or not to terminate
parental rights. When the courts determine whether to terminate
parental rights, the court must consider that the child is in need
of aid as a result of parental conduct as well as considering if
the conduct is likely to continue. The case law in Alaska
indicates that incarceration does not constitute willful
abandonment which is the key to this issue. Representative
Rokeberg discussed the Nada A. v State case in which Alaska Supreme
Court Justice Compton wrote a dissenting opinion requesting that
the legislature pursue this issue. This was reiterated in the case
A.M. v State of Alaska last year. In both cases, the court did not
have the authority to consider parental incarceration as a form of
willful abandonment.
Representative Rokeberg believed that the controversy in the bill
was resolved in the House by clarifying in statute that the length
of the parent's incarceration, the age of the child, and a
significant amount of time would have to occur before this would be
considered. The procedure to terminate parental rights is a
lengthy, full hearing before the Superior Court in order to protect
the rights of everyone involved. The state courts and departments
must consider the Indian Child Welfare Act because it is a federal
statute. In conclusion, Representative Rokeberg urged support
HB 339.
Number 392
PEGGY THOMAS, foster parent, informed the committee that she was
the foster parent in the A.M. v State of Alaska. When Ms. Thomas
received the two children, Mark was four and Samantha was 18 months
old. The children have been with Ms. Thomas for six years. The
Tlingit mother of the children has relinquished her parental rights
and would like the children to be available for adoption. The
children have contact with their mother. Currently, the father is
in prison in Palmer after being convicted of theft and sexual abuse
of a minor in the second degree. The sexual abuse was against Mark
and Samantha's half sister. There is no reconciliation for the
mother and father of Mark and Samantha. She informed the committee
that the father is due to be released May 14th. The children have
court ordered phone contact with their father every week. She
emphasized that the children need some permanency. Ms. Thomas
urged the committee to support HB 339.
SENATOR SALO inquired as to how HB 339 would effect Ms. Thomas'
case. PEGGY THOMAS said that the bill will not effect her case.
SENATOR SALO asked how the bill could have effected Ms. Thomas'
case. PEGGY THOMAS believed that the bill would have allowed the
judge to terminate the father's rights on the basis of the father's
background and the likelihood that the sexual abuse would continue.
SENATOR SALO asked Ms. Thomas if she expected the father to want
the children back. PEGGY THOMAS replied yes. The father must
complete some requirements of the Division of Family & Youth
Services (DFYS) before he can have the children back.
Number 432
DIANE WORLEY, Director of the Division of Family & Youth Services,
stated that the department supports HB 339. This bill would not
effect all children of incarcerated parents, only a small number of
children would be impacted. If there is a caring, loving parent in
charge of the children, then the children would not be in need of
aid. This bill would only effect those cases in which a parent or
both parents were incarcerated for an extended amount of time, and
no arrangements had been made for the children. The likelihood of
the conduct of the parent would also be a point to consider. Ms.
Worley reiterated that HB 339 does not effect the Indian Child
Welfare act. HB 339 would probably not impact a lot of cases, but
would help in cases such as Ms. Thomas'.
SENATOR LEMAN recalled a case in which two people murdered three
people in East Anchorage. One of the murderers was a 13-year-old
girl who was subsequently convicted and incarcerated. During her
incarceration, the 13-year-old became pregnant and delivered a
child. That child was taken from the 13-year-old and raised by her
mother. Senator Leman assumed that in such a case, the court would
want to terminate parental rights if possible. Would HB 339 effect
such a case?
DIANE WORLEY explained that in such a case, the 13-year-old's
parental rights may not be terminated if her mother was willing and
able to raise the child. The decision to terminate parental rights
in such a case would also depend upon the wishes of the mother of
the 13-year-old. The mother of the 13-year-old could also take
legal guardianship of the child. There are many factors that could
be taken into account depending upon the circumstances.
SENATOR MILLER in the same case posed by Senator Leman, what if a
third non-related party wanted to adopt the child? Could HB 339 be
used to terminate parental rights or would it just make the process
easier? DIANE WORLEY explained that DFYS first looks for relative
placement of a child. If there are no relatives, then foster care
or adoption would be the next possibility. In the case posed by
Senator Leman, if the 13-year-old was going to be incarcerated for
the majority of the child's youth then HB 339 could come into play.
Number 488
CHAIRMAN GREEN asked if the termination of parental rights
establishes long-term foster care or adoption. Are those the
options? DIANE WORLEY clarified that the termination of parental
rights could result in adoption by a third party or a relative, a
guardianship, or a permanent foster adopt placement.
SENATOR SALO inquired as to what would prevent a new hearing
regarding the termination of parental rights in a case such as Ms.
Thomas' if the statute changed. DIANE WORLEY understood that in
Ms. Thomas' case the father will be released soon. If the father
is incarcerated again, then HB 339 would apply. In Ms. Thomas'
case, the actions of the father could lead to the indications that
he is not a fit parent.
SENATOR SALO said that waiting for the father to reoffend would
place the children in danger. DIANE WORLEY agreed, but noted that
DFYS will do everything possible to protect the children. If DFYS
feels that placing the children in the father's care would put the
children in danger, DFYS would not allow it to occur.
REPRESENTATIVE ROKEBERG pointed out that Ms. Thomas' case is still
in litigation regarding such issues.
SENATOR GREEN understood that DFYS already has the authority to
assess whether an incarcerated parent who is released could
adequately care for their children. DFYS is concerned with
parents who face long-term incarceration. DIANE WORLEY agreed.
Number 522
JAN RUTHERDALE, Assistant Attorney General in the Department of
Law, stated that the department supports the passage of HB 339.
She informed the committee that she represented the state in Ms.
Thomas' case. The state alleged many grounds, but the court only
went on one ground. The case was reversed on that ground and
remanded. She pointed out that other grounds remain such as the
sexual abuse of the step-sister of the children. Ms. Rutherdale
felt confident that the court would find that the children are in
imminent danger of sexual abuse. This case is a sad comment on the
system.
With HB 339, the termination of parental rights in such cases would
be easier. The court would review if the parent would be
incarcerated for a significant portion of the child's minority and
has the parent failed to make adequate arrangements for the child.
HB 339 would not come into play if permanent arrangements have been
made for the child. Ms. Rutherdale said that HB 339 could apply to
someone in jail for a significant amount of time who has not made
arrangements for their child when the bill goes into effect.
SENATOR MILLER moved to report CSHB 339(JUD) am with individual
recommendations and accompanying fiscal notes out of committee.
Hearing no objection, it was so ordered.
There being no further business before the committee, the meeting
was adjourned at 9:55 a.m.
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