JUNEAU, Alaska (AP) - The Senate Education Committee on Wednesday advanced a rewrite of legislation that would leave as optional sexual assault prevention and awareness programs in Alaska public schools.
The version of HB 44 that passed the House last month would have required such programs and those related to dating violence. Critics saw this as an unfunded mandate, and the Senate committee rewrite says districts may adopt such programs and policies.
Sen. Gary Stevens, R-Kodiak, said his response was “baloney” to “obstructionists” who say action cannot be taken on the sexual assault program provisions because it is an unfunded mandate. He noted that a number of school districts already provide programs on sexual abuse and dating violence within their existing budgets. The Rasmuson Foundation last month indicated it would entertain a grant application to develop curriculum and training, if the bill becomes law.
The rewrite incorporated elements from other school-related bills, raising questions about whether doing so went outside the scope of work of the special session called by Gov. Bill Walker. Under the constitution, special sessions called by the governor shall be limited to subjects designated in his call, subjects presented by him and reconsideration of bills vetoed by him after the adjournment of the last regular session. The call included HB 44, “Sexual Abuse/Sexual Assault Prevention Programs, previously under consideration” by the Senate and House.
A legal memo from a legislative attorney, requested by the committee chair, Sen. Mike Dunleavy, said there could be a constitutional issue with the committee’s approach, depending on how broadly or narrowly a court might view it.
Sen. Lesil McGuire, R-Anchorage, brought up that concern in testimony before the committee. The hearing was held in Anchorage, and the meeting was streamed online.
McGuire asked Dunleavy to reconsider the committee rewrite and allow the measure to revert back to what passed the House; McGuire was a sponsor of similar legislation this session and last. If making the programs optional is what it would take for the bill to pass, she said she would support that, because at a certain point the culture is bound to shift in a way that districts get on board. Walker expressed a similar sentiment in speaking with reporters last week.
But McGuire said she was concerned that the bill has been weighted down by provisions from other bills. Added-on provisions include requirements that school boards have procedures to allow parents to withdraw their kids from taking state standardized tests and from classes or activities involving issues of sex. It also would repeal a requirement that high school students take a college or career readiness tests to get a diploma.
Dunleavy, R-Wasilla, said amendments are part of the legislative process. Sen. Cathy Giessel, R-Anchorage, said the bill has a central theme: the authority of parents to direct their children’s education.
With passage of the bill, Alaska would take a step forward in protecting children and recognizing that parents are part of the process, Dunleavy said.
The bill has an additional committee referral.
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