Legislature(2009 - 2010)CAPITOL 106
04/06/2009 08:00 AM House EDUCATION
| Audio | Topic |
|---|---|
| Start | |
| HB130 | |
| HB59 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 130 | TELECONFERENCED | |
| *+ | HB 59 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 130-STUDENT QUESTIONNAIRES AND SURVEYS 8:02:28 AM CHAIR SEATON announced that the first order of business would be HOUSE BILL NO. 130, "An Act relating to questionnaires and surveys administered in the public schools." 8:02:40 AM REBECCA ROONEY, Staff, Representative Peggy Wilson, Alaska State Legislature, speaking on behalf of the sponsor, provided the following testimony: HB 130 will change the parental consent requirement of anonymous surveys in schools from active to passive. With passive consent we believe we get good representative samples that can serve two very important functions. First, they identify behaviors in youth both positive and negative. It also helps understand the effectiveness of the solutions to the previously identified issues and behaviors. This data helps policy makers, educators, program planners, and parents to better understand important health and social issues that affect young peoples' chances of success. Routine standardized surveys such as the national and state Youth Risk Behavior Survey (YRBS), which is conducted by the Centers for Disease Control (CDC) track trends over time. They also help guide and evaluate important health and prevention programs. State and federal grant programs that rely on these surveys include tobacco prevention and control, obesity prevention, diabetes, heart disease, stroke, safe and drug free schools, and other substance abuse prevention programs, injury prevention, including both from violence and suicide, HIV and STD prevention, and more. The current active consent for anonymous surveys over burdens the school system and significantly increases costs involved in conducting surveys. It is estimated that over 80 percent of the parents who do not return written permission for participation in surveys is not because they do not want their child to take the survey, but because of apathy, oversight, or student error. This bill will change the current practice of active permission to passive permission so that the parent has the option to deny participation rather than the requirement to provide written permission. Many schools are unable to use the data they collect because there are not enough participants. The overall statewide response rate for YRBS for 2005 was 55 percent, which made it short of the 60 percent required. The state was unable to use the data and publish the report since the data would not be representative of the high school population. This bill will address the concerns about making sure that parents understand the content of the surveys. We have expanded the information the written notification must include to provide parents with the data they need to make an informed decision on whether to opt out of the survey for their child. The notification must include: 1. The date the survey will be administered. 2. A description of [the content] of the survey. 3. Sponsor of the survey. 4. Point of contact in the school district for the survey. 5. Notice of the opportunity to review the survey questions. 6. A description of how the survey will be administered. 7. A description of how to opt out of that survey. 8. Notice of the opportunity for the student to refuse to take the survey or to answer any of the specific questions. We urge you to move this bill from committee so that we can gather this important data for the health of our youth. 8:06:37 AM CHAIR SEATON inquired as to why the language in Sections 1 and 2 isn't parallel. REPRESENTATIVE WILSON pointed out that the language on page 1, line 7, of Section 1 says "This subsection does not apply to a questionnaire or survey that is anonymous ...." The YRBS is an anonymous survey. CHAIR SEATON said he wanted to guard against any gaps that would allow the survey to be performed by anyone else in the school district if the survey is anonymous. He then related his intent to hold the bill for action at a future hearing. 8:08:44 AM REPRESENTATIVE GARDNER asked if Chair Seaton's concern is that the current language only allows an anonymous survey to be administered by the school district or an employee of the school district. CHAIR SEATON agreed that is of concern. However, he added that another concern is that Section 2 wouldn't apply if the anonymous survey was administered by someone other than a school district employee. He expressed the desire to be sure that there isn't an unintended gap with the permission language in Sections 1 and 2. REPRESENTATIVE WILSON surmised then that Chair Seaton is referring to the language on page 1, lines 4-5, which says "school district may not administer or permit administration" whereas the language in Section 2 doesn't include the language "or permit administration". CHAIR SEATON said that is correct. 8:10:48 AM REPRESENTATIVE GARDNER remarked that the language "or an employee of a school district" on page 1, line 4, could be omitted because it would be understood since the language specifies that the school district is administering the survey. MS. ROONEY said the sponsor would take the aforementioned suggestion under advisement and discuss it with Legislative Legal and Research Services. 8:11:34 AM REPRESENTATIVE KELLER expressed interest as to why it has been difficult for school districts to obtain active consent. He questioned whether parents are reticent to sign the permission slips or are the parents not seen once a year. MS. ROONEY, from studies she has read, relayed that about 78 percent of those who do not participate in studies that require active permission do so due to apathy, oversight, or student error. In further response to Representative Keller, Ms. Rooney explained that schools try various methods to contact the parent, including mailings, telephone calls, submissions, and reward systems to encourage higher return rates of permission slips. Ms. Rooney opined that it's very difficult and costly for the school districts. REPRESENTATIVE KELLER presumed then that this bill will address the parents who are not [attentive and responsive]. MS. ROONEY agreed, but reiterated that some of the non- responsiveness is error. 8:14:26 AM REPRESENTATIVE MUNOZ inquired as to the financial impact on the school districts that don't have the survey information. MS. ROONEY related her understanding that last year the Anchorage School District spent $70,000 to receive the responses to collect the data. She explained that since the survey is administered [no matter the permission], it isn't until the responses are in that the school district knows whether there are enough to produce the report and be considered at the state and national levels. 8:15:16 AM REPRESENTATIVE MUNOZ asked if there are situations in which an insufficient number of responses prevents the district from receiving grant funding. MS. ROONEY replied yes. 8:15:30 AM REPRESENTATIVE GARDNER pointed out that one can't assume that parents who don't return surveys don't care. MS. ROONEY noted her agreement, and added that biased sample data may result when active permission is required. She attributed the aforementioned to the responding parents who are typically Caucasian, more educated, and more involved in their student. REPRESENTATIVE MUNOZ mentioned that the lack of permission slips can also be the fault of the teenager in terms of not providing the information in a timely fashion. 8:17:09 AM REPRESENTATIVE WILSON added that the permission slip can also be lost on its return to school. She then informed the committee that last year this bill was amended in the House Judiciary Standing Committee to ensure that parental rights were observed. This bill still reflects those changes and allows for many means by which the parents have the opportunity to understand and respond to the survey. The written notice is still required, she pointed out. Although some schools provide single notice permission slips at the beginning of the year, the parent can still specify that he/she wants to be notified of each instance [requiring their permission] and the school would have to comply. 8:19:31 AM REPRESENTATIVE KELLER inquired as to whether the sponsor has any comments regarding the federal law that applies. MS. ROONEY pointed out that the active permission requirement was repealed after the federal government determined in 2003 that the data was skewed and there was a lack of participation. Therefore, passive permission was allowed under No Child Left Behind (NCLB). REPRESENTATIVE KELLER, referring to the federal law, characterized it to be somewhat like double talk. 8:21:33 AM STEVE WARREN opined that the active consent requirement for anonymous surveys makes it difficult to address some of the dangerous, emerging trends. As a hunter he likened the situation to a hunter who closes his eyes and shoots at a bear he thinks he heard. Aiming the state's limited prevention funds without much guidance as to the location of the target is fiscally and morally not a good approach. Mr. Warren said that when he talks with parents regarding huffing or ordering drugs from the Internet, parents say it isn't a problem in Sitka. However, the empty spray paint and glue containers in neighborhood forts indicate the contrary. "We're limiting ourselves to guessing if we deny ourselves this proven technology for assessing what risks our kids really face," Mr. Warren opined. All students need to be given the opportunity to inform the authorities of the dangers they face in an anonymous fashion. The students who are least likely to make it through all the hoops with the consent forms are the very students that should be heard from, he pointed out. He then stated that posing some simple questions about whether a student is using and what is being used isn't the problem; the real problem is the lack of constraints put on the pushers of alcohol and tobacco, which he characterized as a proven gateway to other drugs. The surveys are drawn up in a sound means to determine specific dangers faced by the students while protecting the anonymity of the students surveyed. In conclusion, he opined that it's important to pass HB 130. 8:25:17 AM EMILY NENON, Alaska Government Relations Director, American Cancer Society Cancer Action Network (ACS CAN), said that although the ACS CAN doesn't receive any direct benefit from the surveys, it's critical in helping the cancer society attain information regarding where they should focus their efforts. Furthermore, there needs to be a consistent way in which to measure the work that the prevention dollars fund. Ms. Nenon highlighted that this legislation won't fix everything as it's not the only thing that needs to happen with the YRBS. There are other efforts outside of the legislature to educate classroom teachers as to why these surveys are important as well as educate students as to how taking this survey benefits them. Ms. Nenon acknowledged that the legislation before the committee has went through a few iterations over the years and is at a good point now. 8:28:20 AM CHAIR SEATON closed public testimony and informed the committee that HB 130 will be held for another hearing, and that any proposed amendments should be provided to the chair and bill sponsor prior to the next hearing. 8:29:44 AM The committee took an at-ease from 8:29 a.m. to 8:30 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 130 information.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/10/2009 8:00:00 AM |
HB 130 |
| HB 59 background I.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/8/2009 8:00:00 AM |
HB 59 |
| HB 59 workdraft version E and original version R.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/8/2009 8:00:00 AM |
HB 59 |
| HB 59 background II.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/8/2009 8:00:00 AM |
HB 59 |
| HB59-ESS-EED-4-2-09.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/8/2009 8:00:00 AM |
HB 59 |
| HB130-EED-ESS-4-3-09.pdf |
HEDC 4/6/2009 8:00:00 AM HEDC 4/10/2009 8:00:00 AM |
HB 130 |