Legislature(2015 - 2016)CAPITOL 106

04/07/2016 03:00 PM House HEALTH & SOCIAL SERVICES

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        SB 89-SCHOOLS: PARENT RTS;ABORT. PROVDRS LIMITS                                                                     
3:38:34 PM                                                                                                                    
CHAIR SEATON announced  that the next order of  business would be                                                               
CS FOR SENATE  BILL NO. 89(RLS) am(efd add), "An  Act relating to                                                               
a parent's right to direct  the education of a child; prohibiting                                                               
a  school district  from contracting  with  an abortion  services                                                               
provider;  prohibiting   a  school  district  from   allowing  an                                                               
abortion  services  provider  to   furnish  course  materials  or                                                               
provide instruction concerning  sexuality or sexually transmitted                                                               
diseases;  relating to  physical examinations  for teachers;  and                                                               
providing for an effective date."                                                                                               
CHAIR  SEATON  shared  that  he  heard this  bill  in  the  House                                                               
Education  Standing Committee  and  had requested  that the  bill                                                               
come  to this  committee to  address health  and social  services                                                               
implications  with  medical  conditions, infections,  and  public                                                               
health nurses.                                                                                                                  
3:40:05 PM                                                                                                                    
SENATOR MIKE DUNLEAVY, Alaska State Legislature, paraphrased                                                                    
from the sponsor statement [included within members' packets],                                                                  
which read:                                                                                                                     
     The purpose of  SB 89 Parental Rights  in Education, is                                                                    
     to  codify  in state  statute  the  inherent rights  of                                                                    
     parents  to  direct  the upbringing  and  education  of                                                                    
     their children.  As parents are the  ultimate authority                                                                    
     regarding  their  children,  this bill  requires  local                                                                    
     school  boards  to  adopt policies  which  promote  the                                                                    
     involvement of parents.                                                                                                    
     These policies must accommodate the following:                                                                             
     content of any activity, class, performance  standard,                                                                     
     program,   or   standards-based  assessment   or   test                                                                    
     required by the department                                                                                                 
     from  any standards-based  assessment or  test required                                                                    
     by the  department, and the  absence cannot  be counted                                                                    
     as unlawful                                                                                                                
     class,  performance  standard,   or  program  they  can                                                                    
     object  and keep  their child  out  of that  particular                                                                    
     activity,  and   the  absence  cannot  be   counted  as                                                                    
     for  religious  holidays,  and the  absence  cannot  be                                                                    
     counted as unlawful                                                                                                        
     children  may attend  each  human  reproduction or  sex                                                                    
     education instruction or presentation                                                                                      
     In addition, this legislation would:                                                                                       
     contracting  with  school   districts  and  educational                                                                    
     service organizations                                                                                                      
     supplying  materials  to   school  districts  on  human                                                                    
     sexuality and sexually transmitted diseases                                                                                
     instruction  on   sexually  transmitted   diseases  and                                                                    
     sexuality  to  school  districts. As  the  stewards  of                                                                    
     their children,  parents must  be guaranteed  the right                                                                    
     to  make the  decisions they  feel are  best for  their                                                                    
        children's education. I request your support for                                                                        
     Senate Bill 89.                                                                                                            
3:41:47 PM                                                                                                                    
CHAIR SEATON referred  to his mention of local  control and, yet,                                                               
this  is the  only bill  he has  seen where  the state  overrides                                                               
school  districts  that  have  chosen its  curricula.    Now,  he                                                               
commented,  the state  is saying  it is  going to  prevent school                                                               
districts  from   exercising  local  control  and   adopting  the                                                               
curricula that the school districts determine.                                                                                  
SENATOR DUNLEAVY replied  that it may be the only  bill this year                                                               
that  has that  approach, but  in  fact the  legislature has  had                                                               
bills  throughout the  history of  the state,  over 227  pages of                                                               
school law that  limit, prohibit, and prescribe  what schools can                                                               
do.   Last year House Bill  44, was passed, imposing  upon school                                                               
districts a law  that would mandate training  for dating violence                                                               
and sexual  abuse.  He  offered to go  through a series  of other                                                               
laws, but  as legislators  they make law  for schools  and school                                                               
districts.    It  is part  of  the  legislature's  constitutional                                                               
mandate and history,  from that perspective it is  similar to any                                                               
law regarding the  state's public school system in  the 53 school                                                               
districts, he said.                                                                                                             
CHAIR  SEATON  asked Senator  Dunleavy  to  cite other  instances                                                               
where the  legislature restricts  the school district  from using                                                               
any curriculum it adopted on a local level.                                                                                     
SENATOR DUNLEAVY  answered that  his view is  that the  bill does                                                               
not restrict  the curriculum, it  restricts who is coming  to the                                                               
school  to  deliver their  program.    School districts  are  not                                                               
prohibited  on this  bill from  teaching sex  education, adopting                                                               
curriculum regarding  sex education.   He  reiterated that  it is                                                               
who comes in with their program is what this bill restricts.                                                                    
3:44:01 PM                                                                                                                    
CHAIR  SEATON related  that the  question  is then,  what is  the                                                               
legislative  purpose  of  restricting  that  content  from  being                                                               
provided by certain people.                                                                                                     
SENATOR  DUNLEAVY  replied  that  public  schools  are  not  open                                                               
assess, they  are limited access  and the younger the  school age                                                               
there  are more  restrictions.    This is  supported  by law  and                                                               
Supreme  Court rulings,  it  is limited  access  and states'  and                                                               
school districts'  have the  right to limit  who comes  in there.                                                               
For example,  PETA, the animal  rights advocates, have  their own                                                               
curriculum for  schools, they  have their own  world view  of how                                                               
animals are  supposed to be  dealt with.   Therefore, if  PETA is                                                               
allowed in  schools it will have  a particular world view  on how                                                               
animals should relate  to human beings.  For  example, in looking                                                               
at PETA's curriculum, it does  not believe animals should be used                                                               
for entertainment,  for food, for  a whole  host of reasons.   By                                                               
having  a group  such as  PETA come  in where  there are  varying                                                               
world views  held by  parents and children,  this can  cause what                                                               
some have called "Cultural Wars" in  the school.  He related that                                                               
the schools should  be neutral ground.  For example,  in 1977, he                                                               
was taught sex education in his  health class, it was taught by a                                                               
certified teacher, by curriculum vetted  by the school board, and                                                               
presented in  class in  a manner that  was basically  biology and                                                               
science.  He  argued that the state does have  the right to limit                                                               
who will  be in  the schools,  there is law  dating back  to 1966                                                               
that  puts limitations  on what  groups can  go into  schools and                                                               
what they can do when they are in the schools.                                                                                  
3:46:11 PM                                                                                                                    
CHAIR SEATON  agreed that it is  not open access for  schools and                                                               
people cannot go into the school  without being invited.  He then                                                               
asked  the legislative  purpose  in telling  local school  boards                                                               
that if  they make  the determination,  as many  have, to  have a                                                               
certain curriculum  taught in  their school  that they  cannot do                                                               
SENATOR DUNLEAVY stated that abortion  providers have, as part of                                                               
their services,  the concept of  abortion which some  people find                                                               
objectionable,  and that  particular  topic should  be taught  by                                                               
parents at home with their children.   The reason for the bill is                                                               
the  result of  years  of  individual parents  asking  him to  do                                                               
something about this  because they are leaving  the school system                                                               
and going to  private school or leaving  the neighborhood schools                                                               
to home  schools.  These  parents [were opposed] to  having these                                                               
outfits  come in  to their  schools and  having discussions  with                                                               
their children,  oftentimes unbeknownst to them,  about sensitive                                                               
issues such as abortion, and  certain approaches to sexuality, he                                                               
3:47:50 PM                                                                                                                    
CHAIR  SEATON  surmised  that Senator  Dunleavy  recognized  that                                                               
parents have  the full  right to  opt their  children out  of any                                                               
program being taught in the school, currently.                                                                                  
SENATOR  DUNLEAVY  answered  that   he  recognizes  there  is  an                                                               
inherent  right to  do  that, but  the first  part  of this  bill                                                               
codifies  a  right  for  parents to  withdraw  their  child  from                                                               
anything that is objectionable.                                                                                                 
3:48:19 PM                                                                                                                    
REPRESENTATIVE TARR surmised that  Senator Dunleavy is advocating                                                               
and  would  be  in  support   of  mandatory  sexuality  education                                                               
programs in  public schools  so long  as they  are not  taught by                                                               
abortion providers.                                                                                                             
SENATOR DUNLEAVY  said he is not  opposed to the State  of Alaska                                                               
having a discussion  and adopting standards, as it  has for math,                                                               
science, and English, and having  sex education taught in schools                                                               
by school personnel.                                                                                                            
REPRESENTATIVE  TARR  remarked that  she  wanted  to put  on  the                                                               
record that  Senator Dunleavy's  reference to  House Bill  44 was                                                               
not  accurate, the  school boards  will have  the opportunity  to                                                               
pick the curriculum it wants to teach  in the school.  There is a                                                               
requirement that  personal body  safety information be  taught to                                                               
young  children  so they  can  defend  themselves from  a  sexual                                                               
abuser.   She expressed pride  that the legislature took  on that                                                               
issue and  that the state would  like to move from  being a state                                                               
with the highest rates of child abuse.                                                                                          
REPRESENTATIVE TARR  related that  resources are a  challenge and                                                               
asked  how to  address the  public health  issues related  to the                                                               
high rates of STDs in Alaska.                                                                                                   
SENATOR DUNLEAVY said  a larger discussion is  needed around that                                                               
topic and that  Alaska does not have set  standards regarding sex                                                               
education in  its schools.   Given reported  statistics, it  is a                                                               
topic  that has  merit  and  the state  should  work on  possibly                                                               
putting  together a  task force  to examine  how to  address that                                                               
issue.   He said he  was unsure  of the correlation  between that                                                               
topic and  abortion providers being  in the state's schools.   He                                                               
stated he has asked to see  the group's curriculum, the cost, and                                                               
how many  schools they are  in, and  his office has  not received                                                               
that information.   Although, he did look at  some curriculum but                                                               
he does not really know what  is happening in Alaska's schools to                                                               
the extent it is happening.                                                                                                     
3:50:31 PM                                                                                                                    
REPRESENTATIVE TARR  pointed out  that she was  having difficulty                                                               
believing his testimony because, currently,  any parent can go to                                                               
a school and ask to see  the curriculum their child will receive,                                                               
and  any  parent  can  advise   they  are  not  comfortable  with                                                               
something and pull  their child out.  Many parents  are not doing                                                               
that and  she is unsure why,  if that is the  existing policy and                                                               
many parents  are not taking  advantage of that  opportunity, the                                                               
legislature  has to  put  something in  statute.   Actually,  she                                                               
said, it sounds like a  problem from the parents Senator Dunleavy                                                               
has spoken  to.  She  then asked how  many parents that  might be                                                               
out  of  the 130,000  plus  students  in Alaska,  the  discussion                                                               
related to  one-half of  one percent  of parents  expressing that                                                               
kind of dissatisfaction.                                                                                                        
SENATOR DUNLEAVY asked for clarification.                                                                                       
REPRESENTATIVE TARR asked for an  explanation of how many parents                                                               
out of the 130,000 plus  public school students in Alaska offered                                                               
concern.   She said she  had not known  this to be  a significant                                                               
problem and  that, currently, people  are asking  the legislators                                                               
to work  on the  budget.   She extended that  not one  person has                                                               
related to her  that the biggest problem facing Alaska  is that a                                                               
few schools  are able to  get important sexuality  information to                                                               
students to help address domestic  violence, sexual assault, high                                                               
rates of  STDs, given  the highest  rates of  child abuse  in the                                                               
SENATOR  DUNLEAVY responded  that  he has  been  in contact  with                                                               
dozens of individuals that have  expressed an issue and this bill                                                               
was introduced last year to  address that issue.  The legislature                                                               
began  its  budget  issues  last  year,  and  together  with  the                                                               
introduction  of  this bill,  the  legislature  introduced HB  44                                                               
because it felt that was an  issue.  There will always be several                                                               
issues, it  is not just  going to be  the budget and,  he advised                                                               
that  the bills  he  introduces are  important  because they  are                                                               
coming from constituents and others throughout the state.                                                                       
3:53:04 PM                                                                                                                    
REPRESENTATIVE TARR commented that if  it is dozens of people out                                                               
of  130,000  students and  their  families  have a  problem  with                                                               
something, the  discussion is  then one-tenth  of one  percent of                                                               
the 130,000 students.   She  questioned whether his bill is going                                                               
in the  right direction when  it is [speaking to]  only one-tenth                                                               
of one  percent of  students, and  whether the  legislature would                                                               
want to change  the statute for that one-tenth of  one percent of                                                               
the 130,000 students.                                                                                                           
REPRESENTATIVE  TARR noted  that  her other  question related  to                                                               
other longstanding  problems Alaska has  and how the  state would                                                               
address those without  the resources.  Clearly,  she pointed out,                                                               
Alaska  does not  have enough  resources  and the  state now  has                                                               
opportunities  to  partner   with  community  organizations  that                                                               
provide medically  accurate, scientifically  accurate, culturally                                                               
appropriate, information that is  absolutely essential for people                                                               
to be healthy  individuals in order to  have healthy communities.                                                               
She related  that she cannot  see, in  any manner, how  this bill                                                               
helps   accomplish  those   common   goals   shared  within   the                                                               
SENATOR DUNLEAVY clarified  that he has been  in discussions with                                                               
dozens of parents, he has  hundreds of written communication from                                                               
parents.  He  said his staff met with Planned  Parenthood on more                                                               
than one occasion  and asked how many school  districts they were                                                               
in, what  type of materials  were being presented, the  cost, and                                                               
Planned Parenthood did  not have the answers.  In  terms of cost,                                                               
by law, there is  supposed to be a certified Type  A teacher in a                                                               
classroom, only Type A teachers  can teach.  Therefore, a private                                                               
citizen cannot  teach because it  would be  against the law.   He                                                               
said he  assumes the Type  A teacher  is standing there  which is                                                               
cost,  and  the teacher  in  that  classroom certainly  could  be                                                               
trained  in  delivering  sex  education.     He  then  asked  his                                                               
assistant  how many  staff Planned  Parenthood  has dedicated  to                                                               
3:55:34 PM                                                                                                                    
KRISTIN  McDONALD, Staff,  Senator  Mike  Dunleavy, Alaska  State                                                               
Legislature, responded  that Planned Parenthood indicated  it has                                                               
three  full-time  staff  and one  part-time  staff  committed  to                                                               
education  and  providing  this  information  to  schools.    She                                                               
offered that  the education  is not  necessarily a  classroom, it                                                               
could be  pamphlets of information  or contact with  the teacher.                                                               
It  is unknown  how many  schools  or how  many teachers  Planned                                                               
Parenthood works with, she remarked.                                                                                            
3:56:08 PM                                                                                                                    
SENATOR DUNLEAVY said that speaking  as an educator for almost 30                                                               
years,  he  found  it  difficult to  believe  that  over  100,000                                                               
students  could  be  taught  with   two  and  one-half  to  three                                                               
individuals.   He  opined  there  are many  unknowns  as to  what                                                               
Planned Parenthood's activity is and the costs.                                                                                 
CHAIR SEATON asked  for clarification as to whether  he meant the                                                               
costs of Planned Parenthood, or the costs to the school.                                                                        
SENATOR  DUNLEAVY noted  that he  would be  interested in  having                                                               
costs  to the  school and  what their  costs are,  verified.   He                                                               
reiterated that  if a  certified teacher  is standing  there, the                                                               
schools  costs are  already accounted  for.   Certainly,  Planned                                                               
Parenthood should not  be coming in on their own  with no teacher                                                               
there, he said.                                                                                                                 
CHAIR  SEATON  stated  for  the  record  that  he  asked  Planned                                                               
Parenthood  to   see  the  curriculum,  and   Planned  Parenthood                                                               
volunteered  to show  the curriculum  and give  demonstrations to                                                               
any member of the committee if  they so desired.  He advised that                                                               
he  looked through  the  curriculum, and  noted  that the  school                                                               
district choose the  portions of that curriculum  it wants taught                                                               
in  particular classes.   He  further noted  that he  was advised                                                               
there is  always a  classroom teacher in  the classroom  with the                                                               
students with  no cost to  the school.   He pointed out  that the                                                               
information  he   was  given  can   be  verified   with  upcoming                                                               
3:57:45 PM                                                                                                                    
SENATOR  DUNLEAVY, after  listening  to  Chair Seaton,  submitted                                                               
that  there is  no cost,  there would  be no  cost to  the school                                                               
district or Planned Parenthood.                                                                                                 
CHAIR SEATON  agreed, and said  those questions will be  asked of                                                               
CHAIR SEATON said he wanted the  committee looked at this issue a                                                               
couple of  other ways, such  that during  a meeting in  the House                                                               
Education Standing Committee,  Senator Dunleavy's staff indicated                                                               
that the  public health nurses  could take  up some of  the slack                                                               
and provide  this information.   Since  public health  nurses are                                                               
part of the health system, he  wanted to verify how much activity                                                               
Senator Dunleavy anticipated  would be taken up  by public health                                                               
nurses  in addition  to their  in the  school conversations  they                                                               
have, currently.                                                                                                                
SENATOR  DUNLEAVY answered  that if  there are  two and  one-half                                                               
staff  members  from  one  abortion provider  for  the  State  of                                                               
Alaska,  there   would  probably  be  school   nurses  delivering                                                               
curriculum on  sex education,  and have had  them for  some time.                                                               
He said  he anticipates that with  the changes in this  bill that                                                               
process  wouldn't   change,  and  would  have   what  is  already                                                               
3:59:12 PM                                                                                                                    
CHAIR  SEATON   reminded  him  that  the   statement  was  public                                                               
regarding health nurses,  and he knows that  public health nurses                                                               
do go in and perform training  in the schools, but what about the                                                               
statement of picking  slack up.  He opined that  the staffers are                                                               
not the  educators, they  have trained  the other  educators that                                                               
work in the classroom, so the  workforce is broader than just the                                                               
professional  organization  staff.    He  asked  whether  Senator                                                               
Dunleavy was looking at the  number of public health nurses being                                                               
equivalent to the  professional trainers that are  going into the                                                               
schools  now  and  picking  up  that  slack,  or  whether  he  is                                                               
anticipating something else.                                                                                                    
SENATOR DUNLEAVY deferred to his assistant.                                                                                     
4:00:04 PM                                                                                                                    
MS. McDONALD  recalled the context  of the discussion  and opined                                                               
that  she mentioned  public health  nurses are  already providing                                                               
information in the schools.  This  was in context to a review she                                                               
performed  of   the  standards  already   in  place   in  several                                                               
districts, and that Fairbanks and  Valdez in particular mentioned                                                               
public health nurses and someone they  are in contract with.  She                                                               
paraphrased from  the Public Health  Nursing website  as follows:                                                               
"PHNs offer  health education classes  about a variety  of health                                                               
related  topics   in  communities,  many  in   coordination  with                                                               
schools."   She advised that  this is not something  that Senator                                                               
Dunleavy'  staff  anticipated  that public  health  nurses  would                                                               
necessarily be picking up more  of, the context of her discussion                                                               
was that  teachers, public health  nurses, and school  nurses are                                                               
currently on state standards as resources.                                                                                      
CHAIR  SEATON  asked  whether  public  health  nurses,  in  their                                                               
education  in the  classrooms are  using  curricula from  Planned                                                               
Parenthood,  would  they  now  no  longer  be  able  to  use  the                                                               
curricula and that would have to  be something that would fall on                                                               
the public health department to purchase.                                                                                       
4:01:23 PM                                                                                                                    
SENATOR DUNLEAVY responded  that that is what the  law would call                                                               
MS.  McDONALD  added that  within  her  discussions with  Planned                                                               
Parenthood,  she understood  that  their curriculum  can only  be                                                               
presented by a Planned Parenthood educator  and that is why it is                                                               
not publically available, their healthy sexuality series.                                                                       
CHAIR SEATON said that Planned  Parenthood does have materials it                                                               
has generated  that it  provides to others,  and as  testimony is                                                               
offered the answers will be provided.                                                                                           
4:01:52 PM                                                                                                                    
REPRESENTATIVE  WOOL  referred  to Senator  Dunleavy's  testimony                                                               
that  he had  spoken  with parents  and  Planned Parenthood,  and                                                               
asked whether he had spoken with  school districts as to how they                                                               
integrate Planned  Parenthood into their sex  education programs,                                                               
whether  they are  using literature,  using  trainers, where  the                                                               
literature is from, and how it is vetted.                                                                                       
SENATOR   DUNLEAVY   related   that   he   has   had   unofficial                                                               
conversations   with    school   district   board    members   or                                                               
superintendents,  and in  some  cases it  is hit  or  miss, or  a                                                               
teacher or principal  invites someone into the  classroom in some                                                               
REPRESENTATIVE WOOL surmised  that this is more  of an individual                                                               
teacher or  principal as  opposed to a  districtwide policy.   He                                                               
said he  imagines different school districts  have curriculum for                                                               
sex  education  or  sexual  health  and  asked  whether  this  is                                                               
individually teacher by teacher, or what is his experience.                                                                     
SENATOR DUNLEAVY  answered that it  is his understanding  that it                                                               
MS. McDONALD  opined that  it does vary  from school  district to                                                               
school district in what their  policies are.  Normally, she said,                                                               
Planned Parenthood  contacts a  teacher and  it depends  on which                                                               
district it  is whether  it is  vetted material  or if  they just                                                               
bring their own with them.                                                                                                      
4:03:24 PM                                                                                                                    
REPRESENTATIVE WOOL  referred to the material  Planned Parenthood                                                               
brings in  and opined that  some of it  may come from  the Center                                                               
for Disease  Control (CDC) or  other big  national organizations,                                                               
and Planned  Parenthood compiles and distributes  the information                                                               
and  makes  it  available  to  school districts.    If  they  had                                                               
information that came  from an organization such as  the CDC, but                                                               
went through Planned Parenthood to  get into a school, would that                                                               
be something that would be now  off the list and not available if                                                               
they are just the vehicle for the information.                                                                                  
SENATOR DUNLEAVY  said he can  show him  what "we were  shown" as                                                               
being  put  into the  schools,  and  what  they have  is  Planned                                                               
Parenthood  material given  to them.   This  discussion has  been                                                               
ongoing  for  some  time  between  himself  and  individuals  and                                                               
parents,  and  only  when  it  reached a  certain  level  did  he                                                               
introduce a bill.   He said he  wanted to be as  fair as possible                                                               
to Planned Parenthood  and have them tell and show  him what they                                                               
are doing.   Although, parents  have pulled graphic  material off                                                               
the  website but  he  didn't want  to  go down  that  route.   He                                                               
offered, at  the next meeting,  to provide materials sent  to him                                                               
by others that is a little  different than what he was presented.                                                               
He related  that the difficulty with  this is that he  is not 100                                                               
percent sure  because he is  having a difficult time  getting the                                                               
information of how many schools, and exactly what is happening.                                                                 
CHAIR SEATON  advised that the  committee would like to  see that                                                               
4:05:45 PM                                                                                                                    
REPRESENTATIVE STUTES  surmised that  some of the  information he                                                               
received is from  parents and not from the  school, which doesn't                                                               
carry a  lot of weight  because she  could send him  anything off                                                               
the  internet,  and  she  has  a hard  time  with  that  mode  of                                                               
reasoning.   She said she  presumes that  during the time  he has                                                               
been  working on  the  bill  he has  had  conversations with  the                                                               
schools,  school boards,  principals, superintendents,  and asked                                                               
their feedback  when Senator Dunleavy indicated  he was concerned                                                               
about Planned Parenthood.                                                                                                       
4:06:29 PM                                                                                                                    
SENATOR  DUNLEAVY  said  he had  not  directly  contacted  school                                                               
boards  or superintendents,  this bill  is  a result  of his  own                                                               
experience with education and educators.   He said he wants to go                                                               
directly to the  source, Planned Parenthood, to  find out exactly                                                               
what it  is doing based  upon what  he was hearing  from teachers                                                               
and parents.                                                                                                                    
REPRESENTATIVE VAZQUEZ  invited everyone  to look at  the Planned                                                               
Parenthood website,  specifically the  section titled  "Tools for                                                               
Educators" as  it does  raise her eyebrows  due to  the materials                                                               
being graphic  and going into  areas that may not  be appropriate                                                               
for sex education.                                                                                                              
CHAIR  SEATON  asked  Representative   Vazquez  to  be  sure  the                                                               
conversation goes through the chairman.                                                                                         
REPRESENTATIVE  VAZQUEZ reiterated  that  she is  looking at  the                                                               
section titled, "Tools for Educators."                                                                                          
4:08:53 PM                                                                                                                    
REPRESENTATIVE  TALERICO  noted  that   the  requirement  that  a                                                               
certified teacher  is present  in the  classroom during  the time                                                               
the  students are  in the  classroom,  and pointed  out that  the                                                               
state has  that expense no  matter what  the teacher is  doing in                                                               
the classroom.                                                                                                                  
SENATOR DUNLEAVY agreed, but there  are instances such as an area                                                               
of  the state  where  a  certified teacher  cannot  be found  and                                                               
individuals can  come in  that have  been vetted.   That is  on a                                                               
temporary basis,  but a type  A teacher  is supposed to  be there                                                               
teaching, he said.                                                                                                              
REPRESENTATIVE  TALERICO expressed  concern of  opening a  can of                                                               
worms  that suddenly,  if the  state restricts  itself, it  is to                                                               
some degree  wide open spaces,  and a lot of  other organizations                                                               
would  love to  come into  Alaska's schools.   The  question then                                                               
arises,  how much  control does  the legislature  have over  what                                                               
happens in the  schools.  He noted this is  a hypothetical and he                                                               
is thinking well beyond what is  being discussed here, but he has                                                               
grandchildren in school  and there are organizations  he does not                                                               
want in the school.                                                                                                             
4:10:26 PM                                                                                                                    
CHAIR  SEATON expressed  his agreement,  and noted  that when  he                                                               
visits  a  school,  there  is  a large  sign  starting  that  all                                                               
visitors must  check in  at the  office and  be invited  into the                                                               
school,  that  is  the  policy  on  the  Kenai  Peninsula.    The                                                               
procedure is strict, doors are  often locked during the off time,                                                               
and some doors have buzzers.                                                                                                    
CHAIR SEATON asked Senator Dunleavy  whether he wanted to comment                                                               
on STDs or  move forward with public testimony  and ask questions                                                               
of the experts.                                                                                                                 
SENATOR DUNLEAVY agreed, and commented that he would attempt to                                                                 
answer any questions but he does not know the context of the                                                                    
CHAIR SEATON opened invited and public testimony.                                                                               
4:12:41 PM                                                                                                                    
ELISSA GRAVES, Attorney, Alliance Defending Freedom, read from                                                                  
written testimony, as follows:                                                                                                  
     My name is Elissa Graves,  I'm an attorney for Alliance                                                                    
     Defending   Freedom,  which   is  a   non-profit  legal                                                                    
     organization.   I'm  here  today  testifying about  the                                                                    
     constitutionality  of  SB  89,   and  to  address  some                                                                    
     First  and foremost,  SB 89  doesn't infringe  on First                                                                    
     Amendment  rights of  abortion providers  or of  anyone                                                                    
     else.   Section 5  does abridge  these free  speech and                                                                    
     associational  rights.   And this  is  because, as  was                                                                    
     already  mentioned,  that  a public  school  is  not  a                                                                    
     public  forum which  means that  abortion providers  or                                                                    
     any others don't have right  of access for speech.  I'm                                                                    
     unaware of absolutely no legal  authority in the United                                                                    
     States that supports  this idea that anyone  who is not                                                                    
     a  public school  teacher  has a  right  of access  for                                                                    
     speech purposes  into the public  schools.  So,  to the                                                                    
     contrary  school  classrooms are  generally  non-public                                                                    
     and it's up to the  state and the individual schools to                                                                    
     decide to  allow -- who  can come in.   And, therefore,                                                                    
     abortion  providers  cannot  claim  a  First  Amendment                                                                    
     right  in  being  able  to   speak  in  these  schools.                                                                    
     Likewise, it  is well settled  that public  schools are                                                                    
     given   substantial  deference   in  making   curricula                                                                    
     decisions and  it is up  to the  State of Alaska  to be                                                                    
     responsible  for  determining  the means  of  educating                                                                    
     their public  school students.  And,  the Supreme Court                                                                    
     and the  Ninth Circuit have  both stated that  both the                                                                    
     curriculum  and the  materials given  to public  school                                                                    
     students  is of  substantial  deference  to the  school                                                                    
     I  did want  raise  a response  to  something the  ACLU                                                                    
     raised this  morning about  the First  Amendment rights                                                                    
     of  students, and  participating in  Planned Parenthood                                                                    
     programs  outside  of the  school  time.   They  talked                                                                    
     about  something called  "Teen Council"  where students                                                                    
     meet with  Planned Parenthood  and they  discuss sexual                                                                    
     issues  and  then  they  go  present  to  their  peers.                                                                    
     Students don't have an  entitlement to present whatever                                                                    
     they  want in  a  school  classrooms and,  furthermore,                                                                    
     their  First Amendment  rights  are  diminished in  the                                                                    
     school context.   This doesn't restrict  the ability of                                                                    
     the students  to associate  with any  abortion provider                                                                    
     if they desire to and;  therefore, does not infringe on                                                                    
     their First Amendment rights.                                                                                              
     SB  89 further  does  not violate  the  right to  equal                                                                    
     protection, equal  protection requires  that ultimately                                                                    
     situation  --   situated  persons  be   treated  alike;                                                                    
     however, where  fundamental rights are  not implicated,                                                                    
     such as here,  the general rule is that  the state need                                                                    
     only  have  a  rational basis  for  treating  similarly                                                                    
     situated persons differently.  So,  if SB 89 does treat                                                                    
     similarly  persons  differently,  the state  need  only                                                                    
     have a  rational reason  for passing  this law,  and as                                                                    
     the  bill  sponsors  have  stated  there  are  rational                                                                    
     reasons to have  this law on the  books and; therefore,                                                                    
     it would not violate equal protection.                                                                                     
4:15:42 PM                                                                                                                    
CHAIR SEATON asked Ms. Graves  to state what the rational reasons                                                               
MS.  GRAVES replied  that under  "AS 14.315"  it states  a public                                                               
policy that the  purpose of education is to help  ensure that all                                                               
students  will  succeed  in  their   education  and  work,  shape                                                               
worthwhile  and satisfying  lives for  themselves, exemplify  the                                                               
best  values  of  society,  and be  effective  in  improving  the                                                               
character and quality of the world  about them.  Therefore, SB 89                                                               
serves  these legitimate  interests  by  educating public  school                                                               
students  to become  productive members  of society  by promoting                                                               
self-discipline and personal responsibility.                                                                                    
CHAIR  SEATON   asked  how  the  legislation   promotes  personal                                                               
MS. GRAVES responded that SB  89 seeks to have certain providers,                                                               
for reasons she  was sure the sponsor could  answer, that parents                                                               
were concerned, perhaps school districts  were concerned, and the                                                               
bill addresses  these concerns.   She stated that  that qualifies                                                               
as a  legitimate interest  and the rational  basis standard  is a                                                               
very low standard  in that it just has to  be any classifications                                                               
drawn  will  be sustained  if  the  classification is  rationally                                                               
related to a legitimate interest.                                                                                               
4:17:11 PM                                                                                                                    
CHAIR  SEATON put  forth  that  he is  still  trying  to get  the                                                               
legitimate  interest, such  that the  committee is  interested in                                                               
lowering  the rates  of  STDs, lowering  the  rates of  unplanned                                                               
pregnancies, and the discussion  is about free curriculum offered                                                               
at the  invitation of  a school where  funding is  not designated                                                               
for  providing that  alternatively.   He  said he  would like  to                                                               
understand how  restricting access  to that  information furthers                                                               
the purpose Ms. Graves was discussing.                                                                                          
MS. GRAVES answered that possibly  Senator Dunleavy could address                                                               
that further in that her  expertise is on constitutionality.  She                                                               
reiterated  that a  legitimate  interest  is a  very  low bar  in                                                               
constitutional law  and if a  law has some legitimate  reason for                                                               
passing,  even if  there  are  objections to  it,  but there  are                                                               
concerns  of  parents  as  well  about  the  education  of  their                                                               
children, and this addresses those concerns, she said.                                                                          
4:18:24 PM                                                                                                                    
CHAIR SEATON asked Ms. Graves to continue.                                                                                      
MS. GRAVES continued reading as follows:                                                                                        
     And finally I  just wanted to note that SB  89 does not                                                                    
     constitute  a  bill  of attainder,  the  constitutional                                                                    
     prohibition   on  bills   of   attainder  forbids   the                                                                    
     legislature from imposing  punishment on individuals or                                                                    
     organizations  without a  judicial trial.   The  likely                                                                    
     focus  of any  judicial  inquiry here  is  gonna be  on                                                                    
     whether  or not  SB 89  imposes punishment.   But  as I                                                                    
     noted that the  State of Alaska has  valid purposes for                                                                    
     this law  and so  it's not  meant to  impose punishment                                                                    
     for any wrongdoing  by the legislature so  it cannot be                                                                    
     a bill of attainder where it  is not punitive.  And, SB
     89 is a common sense  bill, appropriately, it restricts                                                                    
     access  of abortion  providers and  is consistent  with                                                                    
     the constitution.  And that's all I have.                                                                                  
4:19:15 PM                                                                                                                    
REPRESENTATIVE TARR  noticed that  her organization is  based out                                                               
of  the State  of  Texas, and  asked whether  this  is her  first                                                               
participation in a hearing related to a law in Alaska.                                                                          
MS. GRAVES  answered that  the organization  is based  in Arizona                                                               
and she  is in Texas, and  that she had offered  testimony in the                                                               
House Education Standing Committee on SB 89.                                                                                    
REPRESENTATIVE TARR  noted that the Alliance  Defending Freedom's                                                               
mission advocates  for the right  to freely live out  your faith.                                                               
She  surmised   that  from   the  Alliance   Defending  Freedom's                                                               
perspective it is perfectly fine  to impose its religious beliefs                                                               
on others.   That is  the position  Ms. Graves is  advocating and                                                               
she asked who funds her organization.                                                                                           
MS. GRAVES advised that organization  is funded by private donors                                                               
and it is not in favor  of imposing anyone's religious beliefs on                                                               
anyone else, but  it is up to each individual  state how to guide                                                               
its curriculum of its students.   This would be a policy decision                                                               
on behalf of Alaska, she said.                                                                                                  
4:20:17 PM                                                                                                                    
REPRESENTATIVE  TARR argued  that  it is  imposing its  religious                                                               
beliefs on Alaska.                                                                                                              
4:20:31 PM                                                                                                                    
MARIO BIRD, Attorney, Alaska Right to Life,  said he is a he is a                                                               
product of Alaska's  public schools and graduated in  2000, he is                                                               
a private attorney  at the firm of  Ross, Miner & Bird,  he is on                                                               
the  Board of  Directors  of the  Alaska Right  to  Life, and  is                                                               
offering testimony  in his private  capacity as an attorney.   He                                                               
referenced the  bill of attainder concerns  raised by Legislative                                                               
Legal  and Research  Services and  the  American Civil  Liberties                                                               
Union (ACLU)  and said that  he found, conspicuously,  absent was                                                               
the fact that the Alaska  Supreme Court has defined attainder for                                                               
Alaska's jurisdiction under  in re Ray Blodgett, 147  P.3d at 710                                                             
(2006).  The  Alaska Supreme Court opined  that attainder existed                                                               
at common law, "it was the  act of extinguishing a person's civil                                                               
rights  when that  person is  sentenced to  death or  declared an                                                               
outlaw for committing  a felony or treason  incident to attainder                                                               
and as  punishment for the crime  the felon forfeited all  of his                                                               
lands  and chattels  to  the state."   He  explained  that in  re                                                             
Blodgett there  was a  young man who  killed his  father, pleaded                                                             
manslaughter,   and   then   sought  to   obtain   the   father's                                                               
inheritance.   He  was prohibited  from  doing so  by the  Slayer                                                               
[Rule], but  the Alaska  Supreme Court  upheld the  Slayer [Rule]                                                               
even  though  Blodgett  sued  and   claimed  it  was  a  bill  of                                                               
attainder.  He reiterated that he  found the definition of a bill                                                               
of   attainder  conspicuously   absent  in   the  ACLU   and  the                                                               
Legislative Legal  and Research  Services opinions given  to this                                                               
committee and  to the previous  committee he testified  before on                                                               
SB 191.                                                                                                                         
4:22:36 PM                                                                                                                    
MR.  BIRD said  he found  it very  surprising because  the Alaska                                                               
Supreme Court is quoting Black's  Law Dictionary in defining what                                                               
an attainder  is.   Although, he  noted, slightly  different than                                                               
attainder is a bill of attainder  which the court has not defined                                                               
in  an opinion.    Black's Law  Dictionary  and law  dictionaries                                                               
elsewhere have  defined it  as a  legislative act  which inflicts                                                               
punishment  on   named  individuals  or  members   of  an  easily                                                               
ascertainable group without a judicial  trial.  He described this                                                               
as  definitional,  that is  the  definition  of attainder  in  re                                                             
Bodgett and the  jurisdiction of the State of Alaska,  and it has                                                             
been utterly  neglected thus far.   He said he would  leave it to                                                               
the committee to  determine why, thus far, it  has been neglected                                                               
in the  legal testimony  that has been  given regarding  bills of                                                               
attainder.  It  is a matter of relative ease  for any attorney to                                                               
look   at  the   annotated  statutes   under  the   Alaska  State                                                               
Constitution and this case is listed, he noted.                                                                                 
4:23:46 PM                                                                                                                    
MR. BIRD continued  that he agrees with  Kate Glover, Legislative                                                               
Legal  and  Research  Services   memorandum,  dated  4/6/16,  who                                                               
pointed  out that  there are  three elements  that United  States                                                               
courts  have  traditionally looked  to  in  order to  distinguish                                                               
bills of attainder, as follow:  non-judicial punishment which was                                                               
touched on  briefly by  Ms. Graves; lack  of judicial  trial; and                                                               
specificity  and identification  of individuals  affected by  the                                                               
bill.   However,  another issue  that has  been neglected  is the                                                               
burden of  proof on  each of  those three  elements to  show that                                                               
legislation  would  be  a  bill of  attainder.    Currently,  his                                                               
research disclosed the  standing law of the  land under Communist                                                             
Party  of  the United  States  v.  Subversive Activities  Control                                                             
Board  (1961),   "only  the  clearest  proof   could  suffice  to                                                             
establish  the unconstitutionality  of a  statute on  the grounds                                                               
that it is  a bill of attainder."   Suffice it to  say, as United                                                               
States Supreme  Court Justice Felix Frankfurter  put forward over                                                               
50 years  ago, "it takes clear  proof on every single  element to                                                               
establish unconstitutionality," and he  remarked that he does not                                                               
see that in  any of the sections  of SB 89.  He  pointed out that                                                               
the following State  of Missouri and the State  of Louisiana have                                                               
passed  similar  legislation.    He advised  that  the  State  of                                                               
Missouri in  2007, stating  that "no  school district  or charter                                                               
school or its personnel or  agent shall provide abortion services                                                               
or permit  a person or entity  to offer, sponsor, furnish  in any                                                               
manner any course  of materials or instruction  relating to human                                                               
sexuality  or STDs  if such  person or  entity is  a provider  of                                                               
abortion services."   The State of Louisiana's  2014 language is,                                                               
"no   employer  or   representative  acting   on  behalf   of  an                                                               
organization or any other entity  that performs elective abortion                                                               
shall engage  in any  of the  following activities  presenting or                                                               
otherwise  delivering  any  instruction   or  program  on  health                                                               
(indisc.) including but not limited  to human sexuality or family                                                               
planning  ..."  and so  forth,  he  advised.   To  his  knowledge                                                               
neither of the  statutes have been challenged or  overturned.  He                                                               
then  quoted  United  States   Supreme  Court  Associate  Justice                                                               
Stephen Breyer  in his  book titled Active  Liberty, "We  must be                                                             
ever  on  our guard  lest  we  erect  our prejudices  into  legal                                                               
principles."   He  reiterated  that  he does  not  see the  legal                                                               
principles of  bill of attainder  addressed in  those memorandums                                                               
from the (ACLU) and Legislative Legal and Research Services.                                                                    
4:26:25 PM                                                                                                                    
NANCY  BIENVENUE,  RN,  Alaska   Family  Council,  Board  Member,                                                               
discussed abortions.{  said that  she is a  nurse, former  CEO of                                                               
CareNet Pregnancy Center  of the Tanana Valley, and  is an Alaska                                                               
Family Council board member.   She asked the committee to explore                                                               
the  Planned Parenthood  website wherein  nothing is  found about                                                               
adoption  or   parenting  as  options   for  an   unplanned  teen                                                               
pregnancy.   It is  recognized that  an unplanned  teen pregnancy                                                               
has  three options,  parenting, adoption,  or abortion.   Planned                                                               
Parenthood discusses how  safe and accessible an  abortion is and                                                               
how it  can be an  answer to the  problem.  The  website Abortion                                                               
Facts.com describes  in detail the  abortion issues that  go deep                                                               
and how  it can  impact the  emotional and  physical health  of a                                                               
woman or  teen who chooses  abortion in their current  and future                                                               
life,  and she  said she  speaks from  experience.   She proposed                                                               
that it  is not the number  of parents coming forward,  but it is                                                               
the  general health  of  Alaska's teen-agers  and  what they  are                                                               
learning  and  receiving  in high  school.    Planned  Parenthood                                                               
basically marketing their services  of contraception and abortion                                                               
in classrooms, she remarked.  She  then referred to a book titled                                                               
Blood  Money:  [Getting Rich  Off  a  Woman's Right  to  Choose],                                                             
written by Carol Everett in the early 1970s.                                                                                    
CHAIR SEATON  advised Ms. Bienvenue  to confine her  testimony to                                                               
Alaska and  what is  being taught in  Alaska's schools,  and that                                                               
she only has a few seconds left of testimony.                                                                                   
MS.  BIENVENUE  related  that  in   Alaska,  other  than  Planned                                                               
Parenthood, another  alternative is  the Step  Up Now  to Healthy                                                               
Relationships program  in Fairbanks.   Planned Parenthood  is not                                                               
invited into the Fairbanks schools …                                                                                            
4:31:42 PM                                                                                                                    
REPRESENTATIVE TARR  asked whether  she was  currently practicing                                                               
as a nurse  and whether she is associated  with any organizations                                                               
that oppose abortion.                                                                                                           
MS. BIENVENUE  responded that she  is currently a  register nurse                                                               
and  is on  the  board  of Alaska  Family  Council that  promotes                                                               
family values.                                                                                                                  
REPRESENTATIVE TARR surmised that she  is not associated with any                                                               
other organizations.                                                                                                            
MS. BIENVENUE answered that she  volunteers for CareNet Pregnancy                                                               
Center of the Tanana Valley as well.                                                                                            
REPRESENTATIVE  WOOL  referred  to her  testimony  regarding  the                                                               
Planned Parenthood website and clarified  that he does have pages                                                               
printed  from  the Planned  Parenthood  website  dedicated to  an                                                               
entire adoption section.                                                                                                        
CHAIR  SEATON advised  that more  time will  be given  to invited                                                               
4:33:15 PM                                                                                                                    
ALISON  CURRY, Staff,  Planned  Parenthood,  Great Northwest  and                                                               
Hawaiian Islands, said she is a  resident of Juneau, and that she                                                               
prepared some public health statistics  as well as information on                                                               
the  goals  of  comprehensive  sexual health  education  and  its                                                               
effectiveness,  with  sources  cited, if  the  committee  members                                                               
would like copies.   Ms. Curry read from a  prepared statement as                                                               
     So,  we have  a public  health crisis  here in  Alaska.                                                                    
     Alaska leads  the nation in  chlamydia rates with  15 -                                                                    
     19 year olds contracting chlamydia  at a rate more than                                                                    
     three times the state average,  and young women ages 15                                                                    
     - 24  years old, more  than twice  as likely as  men to                                                                    
     contract  a   chlamydial  infection.     Alaska's  teen                                                                    
     pregnancy rate is higher than  the national average and                                                                    
     the state pays for the  majority of pregnancy costs for                                                                    
     teen births.  Our child  sexual abuse rate is six times                                                                    
     the national average.  Our  communities need us to face                                                                    
     these troubling facts.   As a health  care provider for                                                                    
     more  than 7,500  people  in  Alaska annually,  Planned                                                                    
     Parenthood  is  heavily  invested  in  the  health  and                                                                    
     wellness of Alaska residents.   We are also the state's                                                                    
     largest non-profit provider  of sexual health education                                                                    
     and  serve  more than  2,000  students  annually.   Our                                                                    
     education programs are not  only accepted and solicited                                                                    
     in Alaska and  states across the country,  but they are                                                                    
     proven to  be effective as well.   A 2014 study  in the                                                                    
     Journal  of  School  Health  examined  one  of  Planned                                                                  
     Parenthood's prevention  programs.  The  results showed                                                                    
     that 16 percent fewer boys,  and 15 percent fewer girls                                                                    
     had  sex in  the schools  that used  Planned Parenthood                                                                    
     education  program versus  schools that  did not.   And                                                                    
     the  program is  now  designated as  an evidence  based                                                                    
     teen  pregnancy prevention  program through  the Center                                                                    
     for  Disease  Control's  Office  of  Adolescent  Health                                                                    
     available for schools across the country.                                                                                  
     A  comprehensive  review  of  sexual  health  education                                                                    
     programs  found that  of the  48  programs included  in                                                                    
     this study,  two-thirds had positive impacts  on health                                                                    
     and  behavioral   outcomes.    Specifically,   over  60                                                                    
     percent  of the  programs reduced  unprotected sex  and                                                                    
     over 40 percent delayed  the initiation of sex, reduced                                                                    
     the  number of  sexual partners,  and increased  condom                                                                    
     and contraceptive use.  A  Journal of Adolescent Health                                                                  
     study of  health and behavioral outcomes  in teens ages                                                                    
     15  - 19  found that  teens who  received comprehensive                                                                    
     sexual health education were 50  percent less likely to                                                                    
     experience   pregnancy   than    those   who   received                                                                    
     abstinence only  education.  According to  the CDC, STD                                                                    
     and  HIV  prevention programs  have  been  found to  be                                                                    
     particularly  effective  when  they  are  delivered  by                                                                    
     trained instructors,  are age appropriate,  and include                                                                    
     components  on  skill   building,  support  of  healthy                                                                    
     behaviors in school  environments, and involve parents,                                                                    
     youth serving organizations,  and health organizations,                                                                    
     and  Planned Parenthood  education  programs are  built                                                                    
     upon these principles.                                                                                                     
     Additionally,  the  Alaska  Department  of  Health  and                                                                    
     Social Services includes  Planned Parenthood's programs                                                                    
     as  effective local  interventions to  improve outcomes                                                                    
     related  to  sexual  and   reproductive  health.    The                                                                    
     department  notes  "The best  way  for  a community  to                                                                    
     select an intervention is to  choose one of the best --                                                                    
     choose   one   that   best   reflects   local   values,                                                                    
     opportunities,  and  budget."    So,  removing  Planned                                                                    
     Parenthood as  an option for communities  runs contrary                                                                    
     to  what  our  own   state's  public  health's  experts                                                                    
     The sexual  health education that our  students receive                                                                    
     in public schools today is  clearly not cutting it.  As                                                                    
     the  bill sponsor  stated,  Alaska  does not  currently                                                                    
     have any  state standards for sexual  health education.                                                                    
     And in the 2013-2014  school year less than one-quarter                                                                    
     of Alaska  schools taught all  of the  recommended HIV,                                                                    
     STD,  and  pregnancy   prevention  topics  in  required                                                                    
     courses.  Only  students in three states  had access --                                                                    
     had less access to this information.                                                                                       
     Planned Parenthood is a  valuable and trusted community                                                                    
     partner  that is  helping fill  the gap  in our  public                                                                    
     schools to give students  the accurate information they                                                                    
     need to  make smart decisions  about their health.   We                                                                    
     are proud  of our  curriculum because  we know  that it                                                                    
     works.   We have now  met twice with the  bill sponsor,                                                                    
     Senator  Dunleavy and  his staff,  we've  met with  the                                                                    
     chair  of  this  committee,  and  have  made  ourselves                                                                    
     available  to meet  with any  office  that requests  to                                                                    
     meet  -- who  requests  a meeting  to answer  questions                                                                    
     about our curriculum.   Planned Parenthood is committed                                                                    
     to  improving  the health  of  Alaskans  and access  to                                                                    
     sexual  health  education  is  one  important  step  to                                                                    
     making this happen,  but we cannot do this  alone.  So,                                                                    
     instead  of creating  more  barriers  to education  and                                                                    
     limited  district's options  for  local programing,  we                                                                    
     should  be working  together to  ensure that  our youth                                                                    
     have  the  resources  and information  needed  to  lead                                                                    
     healthy  and  productive  lives,  and SB  89  does  the                                                                    
     opposite.  So  I respectfully ask that  you oppose this                                                                    
4:38:47 PM                                                                                                                    
REPRESENTATIVE  TALERICO referred  to her  statement that  Alaska                                                               
has 2,000  students and  opined it  is 56  school districts.   He                                                               
asked how many different school districts are …                                                                                 
MS. CURRY responded  that she does not have the  number of school                                                               
districts,  but   Planned  Parenthood  is  in   approximately  30                                                               
REPRESENTATIVE  VAZQUEZ   offered  that  Alaska  has   54  school                                                               
districts, and approximately 128,000 students statewide.                                                                        
4:39:16 PM                                                                                                                    
CHAIR SEATON  asked whether Representative Vazquez  is suggesting                                                               
that 2,000 shouldn't be educated.                                                                                               
REPRESENTATIVE  VAZQUEZ responded  that  she  was not  suggesting                                                               
anything, she was stating a fact.                                                                                               
REPRESENTATIVE  TARR said  without getting  into too  much detail                                                               
about the  kind of education  materials offered, they  do include                                                               
messaging  about abstinence  and  delay of  sexual activity,  and                                                               
adoption  for people  who would  ask  questions.   She asked  Ms.                                                               
Curry to comment.                                                                                                               
MS.  CURRY advised  that one  of their  curriculum lessons  is on                                                               
abstinence and birth control, and  all of its education is taught                                                               
that  abstinence  is a  value.    Adoption  is  not part  of  the                                                               
curriculum  and abortion  is not  part  of the  curriculum.   She                                                               
referred  to the  comments made  by the  previous testifier,  and                                                               
thanked Representative Wool for pointing  out that adoption is on                                                               
Planned Parenthood's  website.   She pointed out  that everything                                                               
in the  previous testifier's testimony has  absolutely nothing to                                                               
do with  Planned Parenthood's curriculum  and nothing to  do with                                                               
this bill.                                                                                                                      
4:40:47 PM                                                                                                                    
REPRESENTATIVE  WOOL  asked her  to  explain  the mechanism  when                                                               
entering a  school, whether it  is an invitation from  a teacher,                                                               
school  district,  principal,  school  district, or  all  of  the                                                               
MS. CURRY replied  that it is a combination of  all of the above.                                                               
Planned Parenthood does  not enter a school unless  it is invited                                                               
and  that could  be  by  a school  administrator,  or a  teacher.                                                               
Planned  Parenthood follows  all schools  policies and  protocols                                                               
for entering into the classroom.   She pointed out that a teacher                                                               
is always in the classroom  when a Planned Parenthood educator is                                                               
present for  the entire lesson.   The inviter has  an opportunity                                                               
to review and choose lesson  plans and tailor each curriculum for                                                               
their  particular class,  so what  happens in  each class  varies                                                               
school  by school,  district by  district  to meet  the needs  of                                                               
those communities.                                                                                                              
REPRESENTATIVE WOOL  surmised that  there are three  and one-half                                                               
educators on her staff.                                                                                                         
MS. CURRY responded yes.                                                                                                        
REPRESENTATIVE WOOL  said that including  all of  the literature,                                                               
curriculum, and  material that's  been introduced  into different                                                               
classrooms throughout  the state,  what percentage  is done  by a                                                               
Planned Parenthood staff member  and which percentage is material                                                               
Ms. Curry provides to a classroom or school.                                                                                    
MS. CURRY  answered that  she does not  have a  percentage number                                                               
for him, but through direct  education Planned Parenthood reaches                                                               
approximately 2,000  students a  year with  an educator  being in                                                               
the classroom.  As far  as additional resources being shared, the                                                               
issue  of  public  health  nurses   came  up  during  an  earlier                                                               
testimony, and  Planned Parenthood  is often  the first  stop for                                                               
resources for  public health  nurses who  are the  primary sexual                                                               
health educators  in rural  Alaska.  But,  as far  as quantifying                                                               
how  many  students they  are  reaching  with Planned  Parenthood                                                               
materials, she did not have the answer, she said.                                                                               
4:43:24 PM                                                                                                                    
LACY MORAN,  Alaska Education Manager, Planned  Parenthood, Great                                                               
Northwest  and  Hawaiian  Islands,  said she  is  a  resident  of                                                               
Anchorage, she  is testifying in opposition  to SB 89.   She then                                                               
read her written testimony as follow:                                                                                           
     Planned Parenthood,  as you've  heard, similar  to what                                                                    
     Alison just testified, Planned Parenthood  is a -- been                                                                    
     a   trusted  provider   of   education  materials   and                                                                    
     resources in  the State  of Alaska  for over  20 years.                                                                    
     We  reach approximately  2,000  students  each year  in                                                                    
     classroom  instruction,   and  as   a  member   of  the                                                                    
     education    team    I    have    provided    education                                                                    
     presentations,  resources  and   materials  to  several                                                                    
     communities using medically  accurate, age appropriate,                                                                    
     and  culturally  sensitive,  lessons.   Our  curriculum                                                                    
     focuses  on healthy  relationships, consent,  pregnancy                                                                    
     and STD  prevention.  And  to clarify, we do  not teach                                                                    
     abortion  or pregnancy  options.   All of  our programs                                                                    
     are   thoroughly  vetted   and  reviewed   for  medical                                                                    
     accuracy,  and we  work with  schools and  districts to                                                                    
     ensure  that the  lessons align  with their  district's                                                                    
     curriculum  standards.    Additionally,  these  lessons                                                                    
     have been  approved by the Office  of Adolescent Health                                                                    
     for   both  medical   accuracy   and  age   appropriate                                                                    
     standards.  Our  presentations are given at  no cost to                                                                    
     schools, and to community  organizations, and we really                                                                    
     value being  a free  educational resource  during tight                                                                    
     budget constraints.                                                                                                        
     Parents have  the opportunity to opt  their student out                                                                    
     of education presentations, or  to review the curricula                                                                    
     with  school  or  Planned Parenthood  staff  before  or                                                                    
     during the  presentations.  We  have always  valued the                                                                    
     involvement  of parents  and caregivers,  and encourage                                                                    
     the opportunity  for conversations on sexual  health to                                                                    
     continue  at home.   In  fact, we  have partnered  with                                                                    
     schools  and community  organizations  to offer  parent                                                                    
     workshops  so that  these  conversations will  continue                                                                    
     outside of the classroom.                                                                                                  
     A couple  of other  clarifications based on  further --                                                                    
     previous  questions.   We do  provide  -- We  currently                                                                    
     provide  sexual health  education  in approximately  30                                                                    
     schools, and that is  talking about direct instruction.                                                                    
     And  I  also  want  to  clarify  that  we  did  provide                                                                    
     opportunity for Senator Dunleavy,  the bill sponsor, as                                                                    
     well  as  several  others to  review  the  lessons  and                                                                    
     curriculum that we are talking about today.                                                                                
     Aside  from  being  invited  in  to  provide  education                                                                    
     presentations  in the  classroom,  we  have a  thriving                                                                    
     teen council  peer education program both  in Anchorage                                                                    
     and Juneau.   Teen council is an  opportunity for teens                                                                    
     to become  trained on sexuality  topics outside  of the                                                                    
     school  time  and  assist in  classroom  presentations.                                                                    
     Outside of  classroom presentations, we are  a resource                                                                    
     to     several     schools,    districts,     community                                                                    
     organizations,  and public  health  nursing staff  that                                                                    
     desire access  to comprehensive and  medically accurate                                                                    
     sexual  health information.   Additionally,  we provide                                                                    
     professional development  and training to  school staff                                                                    
     and public health nursing so  that Alaska's capacity to                                                                    
     tackle sexual health issues is  increased.  All of this                                                                    
     will  be in  jeopardy if  Senate Bill  89 passes.   Our                                                                    
     education department consists  of trained sexual health                                                                    
     educators, and  to clarify we  do have three  full time                                                                    
     staff,  one part-time  staff, as  well  as myself,  the                                                                    
     education  manager.   All educators  have a  Bachelor's                                                                    
     Degree  and  many  have   their  Masters  and  teaching                                                                    
     credentials.    Once  hired,  educators  go  through  a                                                                    
     rigorous  training   period  on   curricula,  classroom                                                                    
     management,  and  a  yearlong  certificate  program  on                                                                    
     sexual  health.    We  pride  ourselves  on  being  the                                                                    
     experts  in the  field  of sexual  health, which  lends                                                                    
     itself well to being a resource in the academic world.                                                                     
     Finally, I  want to  reiterate that  Planned Parenthood                                                                    
     is  committed  to  health and  wellbeing  of  Alaskans.                                                                    
     With  high  rates   of  STDs,  unintended  pregnancies,                                                                    
     domestic  and  sexual  assault, we  strive  to  provide                                                                    
     education  that  will   positively  impact  Alaska  for                                                                    
     generations to  come.   Thank you  again for  your time                                                                    
     and I'd be happy to take any questions.                                                                                    
4:47:38 PM                                                                                                                    
REPRESENTATIVE TALERICO asked which  districts the 30 schools are                                                               
MS.  MORAN responded  that the  Planned Parenthood  educators are                                                               
based in Juneau, Anchorage, and  Kenai Peninsula, and it services                                                               
the surrounding districts.   It has worked in  the Mat-Su Valley,                                                               
and  offers  resources to  several  school  districts across  the                                                               
state.  It is important  to clarify that while public instruction                                                               
is  part of  the resource  and  materials it  offers to  schools,                                                               
districts, and  public health nurses  across the state.   Planned                                                               
Parenthood  is  represented  statewide  but only  has  3.5  staff                                                               
members so the districts are limited, she advised.                                                                              
4:48:50 PM                                                                                                                    
JANE McMILLAN GINTER  said she has been a resident  of Juneau for                                                               
31 years  and that her  family benefitted greatly from  a Planned                                                               
Parenthood  workshop  sponsored  by her  church,  Northern  Light                                                               
United Church,  for parents and  children.  She offered  that she                                                               
met with the  Planned Parenthood folks beforehand  and the church                                                               
decided what  it wanted covered,  and the parents were  on board.                                                               
She  stressed  that  this  workshop  changed  her  family's  life                                                               
because it helped with the  communication, especially between her                                                               
daughter  (age 12  at the  time) and  herself.   As a  parent she                                                               
wasn't  sure   how  to  approach   sexuality  and   the  workshop                                                               
completely opened  her eyes  as a way  of communicating  with her                                                               
daughter and  son, and they  have continued to communicate.   She                                                               
opined   that  the   Planned  Parenthood   workshop  made   their                                                               
relationship  very strong,  and that  they still  talk about  the                                                               
workshop to  this day and how  important it was to  their family.                                                               
She related that she is opposed  to SB 89 and encouraged everyone                                                               
to  vote against  it, and  that she  supports everything  Planned                                                               
Parenthood does.                                                                                                                
4:51:32 PM                                                                                                                    
SARAH  GINTER  offered  similar testimony  as  her  mother,  Jane                                                               
Ginter.   She pointed  out that  the Planned  Parenthood educator                                                               
covered  topics  ranging  from puberty  to  consent,  from  birth                                                               
control to  marriage, with a  special focus on the  importance of                                                               
communication within families on these  big topics.  There was no                                                               
propaganda  and  the   focus  was  never  on   abortion.    While                                                               
discussing sex  education might have  been a bit  embarrassing at                                                               
times for  her a middle  schooler, she  and her mother  are still                                                               
talking about  this many years  later.   She related that  it was                                                               
the catalyst to  a new healthy relationship with  her parents and                                                               
that she  could only imagine what  her life could have  been like                                                               
without  this relationship,  or  without access  to this  crucial                                                               
information.    The  key to  prevention  is  medically  accurate,                                                               
unbiased  sexual  health  information which  the  highly  trained                                                               
educators at  Planned Parenthood  excel at delivering.   Everyone                                                               
has a  right for  knowledge about  these topics,  especially when                                                               
that  knowledge can  alter the  course of  lives for  the better.                                                               
Sexual health  education is crucial  to the wellbeing  and safety                                                               
of  Alaskan  youth, and  she  asked,  in  the best  interests  of                                                               
Alaskan youth, families, and communities to please oppose SB 89.                                                                
4:53:16 PM                                                                                                                    
CHRISTINA  NIEMI, League  of Women  Voters, Alaska,  advised that                                                               
the League  of Women Voters strongly  opposes SB 89, SB  191, and                                                               
HB 352, based  on the long established League of  Women Voters of                                                               
the United States position on reproductive choices, as follows:                                                                 
     The  League  of  Women  Voters-US,  believes  that  the                                                                    
     public policy  in pluralistic  society must  affirm the                                                                    
     constitutional right  to privacy  of the  individual to                                                                    
     make reproductive choices.                                                                                                 
MS.  NIEMI added  that the  League of  Women Voters'  position on                                                               
health care  supports a  basic level of  care that  provides pre-                                                               
natal and reproductive health.   This basic care for reproductive                                                               
health  can   have  far  reaching  positive   effects,  including                                                               
healthier babies, stronger and  more financially stable families,                                                               
and pre-natal and reproductive care  can also save public monies.                                                               
The Guttmacher Institute reports that  in 2010, Title X supported                                                               
reproductive health services resulted in  a net savings in Alaska                                                               
of $17.9 million  due to the prevention of  unintended or closely                                                               
spaced pregnancies, low birth rate  babies, STD transmission, and                                                               
cervical cancer cases, she offered.  To  ban the use of a Title X                                                               
funded reproductive  health facility from teaching  young men and                                                               
women  simply  because in  some  cases  they also  provide,  with                                                               
private  funding,  abortion  services is  unwise,  she  stressed.                                                               
Those  who  oppose  the  teachings provided  by  Title  X  funded                                                               
reproductive health workers should  experience the classes taught                                                               
by them,  and that those  parents who are uncomfortable  with the                                                               
science based approach  to sex education can always  opt out, she                                                               
further stressed.  She urged the committee to vote no on SB 89.                                                                 
4:56:11 PM                                                                                                                    
MELISSA  ENGEL,   Pastor,  Douglas  Community   United  Methodist                                                               
Church,  said she  is  the  pastor and  director  of the  Douglas                                                               
Community  United Methodist  Church Cooperative  Youth Group  for                                                               
young people grades  6 - 12, in Douglas and  Juneau.  She related                                                               
that  she is  against SB  89 because  it endangers  young people,                                                               
especially  those  living on  the  margins,  from receiving  fact                                                               
based sexuality  education.  As  the youth pastor,  she contracts                                                               
with  Planned  Parenthood  with  whom this  bill  is  calling  an                                                               
abortion  provider, but  it is  the health  care provider  for so                                                               
many men, women, and children.   She offered that she views SB 89                                                               
as an  attack on Planned  Parenthood, a partner in  her ministry.                                                               
She had teens from Planned  Parenthood's teen council come in and                                                               
talk  with their  peers in  the cooperative  youth ministry  here                                                               
about  healthy relationships,  and  they  had conversations  that                                                               
wouldn't have  happened with her.   She  said she wished  she had                                                               
the education  and opportunities  teens have through  the puberty                                                               
workshops  and  comprehensive  medically accurate  sex  education                                                               
that Planned Parenthood provides in  school, rather than the lack                                                               
of sex education  she received when shown a fear  based video and                                                               
given an  abstinence vow to sign  in the sixth grade  in a public                                                               
school.   Fifteen years  later, through her  role as  a spiritual                                                               
leader she has  been trained in the "Our  Whole Lives" curriculum                                                               
which is  a comprehensive medically  accurate sex  education that                                                               
is age  appropriate, that  also has a  supplement that  speaks to                                                               
one's  religious and  spiritual values.   Come  to find  out, she                                                               
stated, during  her recent training  and through her  naiveté due                                                               
to the lack of decent  sexuality education, she realized that she                                                               
was not  abstinent before  marriage as she  had believed.   There                                                               
are three  types of sex, she  learned, but there is  the myth out                                                               
there that if  it's not vaginal, it doesn't count  and she had to                                                               
reconcile that.  She expressed that  she would argue and know for                                                               
a  fact  through the  education  base  of Planned  Parenthood  in                                                               
Juneau, that abstinence  is one of the vital  choices someone can                                                               
make  and that  it is  taught.   Alaskans should  care about  the                                                               
dangers of  SB 89 because deeming  sex education as one  of those                                                               
things that a  parent has to opt  into rather than opt  out of is                                                               
barring   students   from   science  based   factual   education,                                                               
especially  the  students living  on  the  margins whose  parents                                                               
might not  even see the  permission slip.   She pointed  out that                                                               
Alaska's young people have the  most access to sound education at                                                               
school, knowledge  about the beautifully created  human bodies is                                                               
power, and it  helps them to make informed  decisions about their                                                               
bodies and  relationships.   Speaking as a  pastor, she  said she                                                               
knows  beyond a  doubt that  God loves  us and  deems us  worthy.                                                               
Whatever choice a  young person makes about their  body and their                                                               
health, let's support  them in being informed,  and teachers able                                                               
to  invite those  informed resources  such as  Planned Parenthood                                                               
into  the classrooms.    She  asked and  urged  the committee  to                                                               
oppose SB 89.                                                                                                                   
4:59:21 PM                                                                                                                    
[SB 89 was held over.]                                                                                                          
4:59:40 PM                                                                                                                    
REPRESENTATIVE TARR  said she had  noticed a lot of  young people                                                               
in the  audience and offered  that if  they are unable  to attend                                                               
the hearing on Tuesday on SB  89, they submit written comments to                                                               
be part of the record.                                                                                                          
CHAIR SEATON agreed, and he  noted that the committee will accept                                                               
all written testimony.                                                                                                          

Document Name Date/Time Subjects
CSSB72 (L&C) vsn Y.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
CSSB72 (L&C) Sponsor Statement 2-27-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Summary of Changes for SB 72 for Senate Floor.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB 72 support_Homer Seniors.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Supporting Document Economic Value of Caregiving AARP 2013.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support Soule 4-7-15.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Supporting Document GCDSE 2-22-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Supporting Document Updated AARP CARE Act stats 1-29-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Supporting Document Updated Map of CARE ACT states 1-29-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 AARP Survey Caregivers.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB 72 support_Homer Seniors.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Backup Family Caregivers Infogram.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Backup Home Alone Study.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Backup Statistics Infogram.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
CSSB72(L&C) Sectional Analysis 2-27-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support AARP.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support Mountain-Pacific.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support ASHNHA 1-2-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support Am. Lung Assn..pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support AK Commission on Aging.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Fiscal Note - DHSS-SDSA-1-28-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Fiscal Note -DHSS-HFLC-2-20-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB 89 House CS for CS for Senate Bill 89_Version L.PDF HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 version E- initial version.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Sectional Analysis for Senate Bill 89 (Version L).pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Sponsor Statement.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Fiscal Note- EED - SSA_2.22.2016.PDF HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Legal memo_Sen Huggins-02-16-2016.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB89 Legal opinion_Representative Seaton_3.14.16.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Letters of Opposition.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - Letters of Support.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 - ACLU Concerns.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition Legue of Women Voters.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Oppposition_emails since 4-2-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 72 Support Helander.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support AARP 4-5-16.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB72 Support Mountain-Pacific.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB 89 - background -Public health nurse count FY2013-2016 (Seaton).pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Support - Emails April 5.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition - emails April 5.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB72 Support - Polly james.pdf HHSS 4/7/2016 3:00:00 PM
SB 72
SB 89 Support - Emails 4-6-2016.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Teen Birth Rate Map- AK vital stats.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition - Emails 4- 6- 2016.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
AK 2014 STI rates- age race region.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
AK HIV Report1982-2015 -DPublic Health.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
Chlamydia rates by Region-2015.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
GC infection rates by Region-2015.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition - Senate State affairs 2015.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Legal Memo- Edu amendment- 4.6.2016.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Support - 4.6.16.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition emails since -4.6.16.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Letter of Concern- ACLU to HSS.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Opposition - Senate State affairs 2015.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Testimony- Scheffel & associates-4.5.2016.pdf HHSS 4/7/2016 3:00:00 PM
SB 89
SB 89 Leg Research Chlamydia and Gonorrhea Rates 1999-2014.pdf HHSS 4/7/2016 3:00:00 PM
SB 89