HB 105-SEX/REPRODUCTION EDUCATION; SCHOOLS  8:21:53 AM CO-CHAIR ALLARD announced that the next order of business would be HOUSE BILL NO. 105, "An Act relating to parental rights in a child's education; relating to access to school records; relating to sex education, human reproduction education, and human sexuality education; relating to school disciplinary and safety programs; and providing for an effective date." 8:22:19 AM SUSAN MCKENZIE, Director, Division of Innovation and Education Excellence, Department of Education and Early Development, presented HB 105 on behalf of the bill sponsor, House Rules by request of the governor. She stated, "The fifth priority of Alaska's Education Challenge is to improve the safety and wellbeing of students through school partnerships with families, communities, and tribes." She listed ways in which this is done through: key learning courses; an initiative for positive behavior, intervention, and support; a trauma-engaged framework; and family input throughout. MS. MCKENZIE related that research states that students whose parents stay involved in school do better overall. Parent engagement is required in many ways related to: parent permission to assess and engage a child in special education; attendance of field trips; pertaining to the Alaska READS Act; and handing out medication at school. She said that "the importance of parent rights" was established under the Parents Rights and Responsibilities Act of 1995 by the One Hundred and Fourth U.S. Congress and prohibits federal, state, or local government or any official of such government from interfering with or usurping the right of parents to govern the upbringing of their children. She said in 2016, the Parent Rights Bill was passed, which adopted school board policies to promote the involvement of parents in the school districts' education programming, including the recognition of the authority of parents to object and withdraw children from an activity, class, or program. MS. MCKENZIE said HB 105 would "affirm and expand Alaska parental rights" and strengthens "the partnership between parents and school by meaningful notice and consent requests." 8:25:26 AM DEBORAH RIDDLE, Operations Manager, Division of Innovation and Education Excellence, Department of Education and Early Development, presented the sectional analysis for HB 105 [included in the committee packet], which read as follows [original punctuation provided]: Section 1: Amends AS 14.03.016, A parent's right to direct the education of the parent's child, (a)(3) by adding to the list of parental rights regarding student's participation in activities and classes that include content involving gender. This subsection also adds an "opt-in" provision stating that parents need to provide written permission for their student(s) to participate in the activity or class. Additional language is added under (a)(7) that a parent must provide written permission before a name or pronoun may be changed in student records and under (a)(8) that parents must also be notified in writing of legal remedies available to them. Section 2: Amends AS 14.03.016(d) by adding the definition of "gender identity" as the internal sense of being either male, female, or something else, which may or may not correspond with an individual's biological sex. Section 3: Amends AS 14.03.016 by adding two new subsections. Subsection (e) states that a parent may file civil action against a school district who violates a policy or procedure adopted under (a) of this section (Section 1 of this bill). Subsection (f) states that a school district that knowingly or recklessly violates a policy or procedure under (a) of this section (Section 1 of this bill) is liable for not less than $5,000 in civil penalties and may be liable for treble damages upon a showing of a violation established by clear and convincing evidence. Section 4: Amends AS 14.03.115, Access to school records by parent, foster parent, or guardian, by adding language that prohibits school districts or regional educational attendance areas from selectively withholding information regarding a child's physical, medical, or mental health from a parent, foster parent, or guardian unless the information may result in child abuse or neglect. Section 5: Amends AS 14.30.361, Sex education, human reproductive education, and human sexuality education, by adding two new subsections. Subsection (e) states that a class or program involving sex education, human reproduction education, and human sexuality education requires parental notice and permission. Subsection (f) states that these topics may not be attended by a child before grade four (4) except as provided by AS 14.30.355, Sexual abuse and sexual assault awareness and prevention. Section 6: Amends AS 14.33.120, A parent's right to direct the education of the parent's child, (a) adding to the list of procedures required by school districts and regional educational attendance areas on addressing the physical safety and privacy of students in locker rooms and restrooms. The separation of students by biological sex, access to single occupant facilities, or other safety and privacy protocols is required. Section 7: Repeals AS 14.03.016, A parent's right to direct the education of the parent's child, subsection (d)(2), which further defines "human reproduction or sexual matters" to not include sexual assault awareness and prevention training required under AS 14.30.355, Sexual abuse and sexual assault awareness and prevention, nor dating violence and abuse awareness and prevention training required under AS 14.30.356, Teen dating violence and abuse awareness and prevention program. Section 8: This bill is effective on July 1, 2023. MS. MCKENZIE noted there is a $6,000 fiscal note for the purpose of getting regulations in place. 8:29:49 AM LISA STEWART, Retired Teacher, gave invited testimony in favor of HB 105. She emphasized the influence of family experiences in shaping people, including their life choices. She shared a personal story of her upbringing, education, and work experience to help illustrate her stance on HB 105. 8:35:03 AM MS. STEWART stated that working with parents is crucial, and that parents are a student's first teacher. She gave examples of how she worked with teachers to "lean in" and listen to parents' concerns. Parental involvement initiatives are increasing nationwide and are required for student success. 8:38:59 AM MS. STEWART surmised that providing separation of restroom and locker rooms shows support for student safety. She explained that given her diverse experience in education, she can confirm a student's success is the result of parental involvement. In closing, she provided her belief that children should be able to count on educators and stated she thought it would be counterproductive for educators to not be on the same page with parents and students. 8:42:07 AM KRISTINE GUGEL, Parent, gave invited testimony in support of HB 105, and began by commending Ms. Stewart [previous testifier] and underscoring her testimony. Ms. Gugel provided her background in relation to family, education, and community. She highlighted her role working in a correctional facility for 12 years as highly impactful in regard to relationships and trust. She stated parental involvement in children's lives is immeasurably important, and part of the "education team." 8:48:40 AM MS. GUGEL noted how critical family involvement in education is not only for the child's well-being, but for the school district. She explained being involved in her own children's classrooms and her own children are now involved in classroom activities. She stated she strenuously urges the passing of HB 105. 8:52:51 AM CO-CHAIR ALLARD invited questions from the committee. 8:53:05 AM REPRESENTATIVE HIMSCHOOT asked Ms. Gugel if she had ever been stopped from going into a public school to assist in a classroom. 8:53:19 AM MS. GUGEL replied she had never had that experience; the classroom was open, available, and she received encouragement from teachers as well as the principal. 8:54:03 AM CO-CHAIR ALLARD announced HB 105 was held over.