Legislature(2011 - 2012)CAPITOL 106

02/20/2012 08:00 AM House EDUCATION


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08:02:42 AM Start
08:04:02 AM Presentation: Delta Greely School District
08:26:29 AM HB242
09:20:36 AM SB8
10:02:01 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation by Superintendent Duncan Ware, TELECONFERENCED
Delta Greely School District
*+ HB 242 PUBLIC SCHOOL FUNDING: DIGITAL LEARNING TELECONFERENCED
Heard & Held
+ SB 8 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
            SB 8-STUDENT QUESTIONNAIRES AND SURVEYS                                                                         
                                                                                                                                
9:20:36 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that the  final order of business  would be                                                               
SENATE  BILL  NO.  8,  "An Act  relating  to  questionnaires  and                                                               
surveys administered in the public schools."                                                                                    
                                                                                                                                
9:20:45 AM                                                                                                                    
                                                                                                                                
THOMAS  OBERMEYER,  Staff,  Senator Bettye  Davis,  Alaska  State                                                               
Legislature,   stated   that   this   bill   would   return   the                                                               
administration  of  the  Youth Risk  Behavior  Survey  (YRBS)  to                                                               
passive parental consent  from active parental consent.   He read                                                               
a statement  from the  Department of  Health and  Social Services                                                               
website:                                                                                                                        
                                                                                                                                
     The Youth  Risk Behavior Survey  is part of  a national                                                                    
     surveillance  system  developed   by  the  Centers  for                                                                    
     Disease  Control and  Prevention (CDC)  to assist  with                                                                    
     assessing and addressing the health  risk of youth.  It                                                                    
     is  conducted  in  Alaska  every   other  year  by  the                                                                    
     Department of  Education and Early Development  and the                                                                    
     Department   of   Health   and   Social   Services   in                                                                    
     cooperation with public schools.                                                                                           
                                                                                                                                
He shared  that the  survey was  given in the  spring of  2011 to                                                               
1327 students  from 40 high  schools, scientifically  selected to                                                               
represent  all  public  high  schools   and  public  high  school                                                               
students  in  grades 9  -  12,  excluding boarding,  alternative,                                                               
correspondence, correctional,  and home study schools  in Alaska.                                                               
In addition,  969 students  from 16  alternative high  schools in                                                               
Alaska,   defined   as   serving   high   risk   students,   were                                                               
correspondingly given the same survey,  with the results for both                                                               
surveys posted on  the website.  He paraphrased  from the sponsor                                                               
statement [original  punctuation provided] [Included  in members'                                                               
packets]:                                                                                                                       
                                                                                                                                
     The purpose  of SB 8  is to increase  participations in                                                                    
     the  national  biennial   Youth  Risk  Behavior  Survey                                                                    
     (YRBS) in  order to meet the  minimum 60% participation                                                                    
     level  required  by  the Centers  for  Disease  Control                                                                    
     (CDC)  for the  results to  be validated  and published                                                                    
     along with  other states.   There have been  years when                                                                    
     the  state has  not met  minimum participation  levels.                                                                    
     Failure to obtain  survey information adversely affects                                                                    
     the ability of educators,  planners, policy makers, and                                                                    
     parents to understand and  address the important health                                                                    
     and social  issues that affect students'  happiness and                                                                    
     success in the future.                                                                                                     
                                                                                                                                
     To  help  achieve  this  objective  SB  8  changes  the                                                                    
     parental consent  requirement for the YRBS  from active                                                                    
     to passive,  that is, from  written to  implied consent                                                                    
     if  parents are  given  notice at  least  two weeks  in                                                                    
     advance of the  survey by U.S. mail,  or home delivery;                                                                    
     the  opportunity to  review the  entire  survey at  the                                                                    
     school  or the  district's web  site; and  a form  with                                                                    
     return envelope to deny permission in writing.                                                                             
                                                                                                                                
     Parents who  do not want their  children to participate                                                                    
     usually notify  the school immediately  at registration                                                                    
     in the  beginning of the  school year, or  after notice                                                                    
     and  before  the YRBS  is  given  early in  the  spring                                                                    
     semester.  It is the  attention of the other parents SB
     8 is designed  to reach.  Failure of  parents to return                                                                    
     written consent forms in the  past has been found often                                                                    
     to  be the  result  of lack  of  attention rather  than                                                                    
     refusal.  Since the biennial  survey is only given to a                                                                    
     representative number of the  53 Alaska School District                                                                    
     and only  to a representative  sampling of  high school                                                                    
     classes,  many  parents  and  students  will  never  be                                                                    
     involved with the survey.                                                                                                  
                                                                                                                                
     Students  are not  forced or  required to  participate.                                                                    
     They  may independently  decline to  participate or  to                                                                    
     answer specific questions  in this completely voluntary                                                                    
     and  anonymous   survey.    If  they   do  participate,                                                                    
     absolute  privacy  and   anonymity  are  maintained  by                                                                    
     strict  administrative  procedures  and the  return  of                                                                    
     individual  surveys   in  private  and   secure  sealed                                                                    
     envelopes to CDC.                                                                                                          
                                                                                                                                
     The  Youth   Risk  Behavior  Survey  helps   guide  and                                                                    
     evaluate  important health  and prevention  programs in                                                                    
     both  the public  and private  sectors.   Local, state,                                                                    
     and  federal  officials,  schools,  state  and  federal                                                                    
     agencies,  public  and   private  grant  programs,  and                                                                    
     nonprofit  health organizations  rely on  these surveys                                                                    
     to  educate,  allocate  resources, and  compare  trends                                                                    
     concerning  safe  behaviors.     These  include  injury                                                                    
     prevention,  tobacco  prevention and  control,  obesity                                                                    
     prevention,   diabetes,  heart   disease,  and   stroke                                                                    
     prevention,  safe  and  drug  free  schools,  substance                                                                    
     abuse prevention, violence  and suicide prevention, HIV                                                                    
     and  STD  prevention,  and connectedness  to  teachers,                                                                    
     parents and other adults.                                                                                                  
                                                                                                                                
     In  short,  SB  8  simply makes  it  easier  to  obtain                                                                    
     information on  youth risk behaviors  without violating                                                                    
     students'   or   parents'   rights  to   privacy,   nor                                                                    
     diminishing the  ability of parents to  supervise their                                                                    
     children.   At the  same time  SB 8  increases parental                                                                    
     notice with ample opportunity, instructions, and forms                                                                     
     to opt out.                                                                                                                
                                                                                                                                
He  pointed out  that SB  137, suicide  awareness and  prevention                                                               
training  for  teachers  and other  school  personnel,  had  been                                                               
introduced for attention as a result of the YRBS.                                                                               
                                                                                                                                
9:26:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON,  directing  attention  to  the  sectional                                                               
summary of the proposed bill  from Division of Legal and Research                                                               
Services, dated January 27, 2011,  [Included in members' packets]                                                               
read from Section  3, "Adds specific questions and  process for a                                                               
student and parent  to refuse to participate in  a student survey                                                               
by submitting  a written denial  of permission."  He  pointed out                                                               
that  the proposed  bill  did not  state that  a  student had  to                                                               
provide a  written denial  of permission,  but that,  per Section                                                               
3(e)  of the  proposed  bill,  a student  "may  refuse to  answer                                                               
specific questions [on]  or participate in a  questionnaire."  He                                                               
offered his belief that a  parent could provide a written denial,                                                               
but that  the student could, on  their own authority at  the time                                                               
of the survey, refuse to  answer certain questions or participate                                                               
in  the survey.   He  asked to  clarify that  the wording  in the                                                               
proposed bill took precedence over the sectional summary.                                                                       
                                                                                                                                
MR. OBERMERER confirmed  that Section 3 of the  proposed bill was                                                               
correct.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SEATON suggested  that the  sectional summary  be                                                               
revised to avoid confusion.                                                                                                     
                                                                                                                                
9:29:17 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  asked who designed  the questionnaire.   He expressed                                                               
concern  that the  questions could  be changed  in the  future to                                                               
appear  to  endorse certain  behaviors,  rather  than inquire  or                                                               
identify as risky behavior.                                                                                                     
                                                                                                                                
MR. OBERMEYER, in response to  Chair Dick, stated that the survey                                                               
was designed  by the CDC and  the exact same questions  had to be                                                               
on each  survey when given  nationwide every two years,  in order                                                               
to  validate the  results.    He pointed  out  that  a person  or                                                               
legislature  could   contact  the  CDC  with   concerns  for  the                                                               
questions, and that  CDC desired that every state  be involved in                                                               
order to  obtain knowledge  regarding risky  behavior nationwide.                                                               
He shared his  observations that participation in  the survey did                                                               
not induce  thoughts about or  endorse any specific  behavior, as                                                               
students faced  these matters daily.   He declared the  survey to                                                               
be  an   identification  bank  of  information   from  nationwide                                                               
schools.   He  directed  attention to  the  2011 summary,  titled                                                               
"Healthy Alaska," [Included in  members' packets] which indicated                                                               
that smoking, drug use, and  suicide were all prevalent, relevant                                                               
issues.                                                                                                                         
                                                                                                                                
9:32:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  asked  to clarify  that these  surveys                                                               
were  necessary for  other organizations,  such  as the  American                                                               
Lung Association,  to prove that their  techniques were effective                                                               
and to obtain funding.                                                                                                          
                                                                                                                                
MR.  OBERMEYER  replied that  the  survey  materials tracked  the                                                               
increase  and decline  within each  behavior specific  area.   He                                                               
noted that  a "fairly high  rate" for smoking continued,  even as                                                               
the overall rate had decreased.                                                                                                 
                                                                                                                                
REPRESENTATIVE  P.   WILSON,  referring  to  the   2011  summary,                                                               
declared that  smoking had decreased,  though not as much  in the                                                               
alternative schools  which illustrated  that those  students were                                                               
at a  greater risk.  She  pointed out that these  surveys offered                                                               
information and assessments without any cost to the schools.                                                                    
                                                                                                                                
MR.  OBERMEYER  confirmed  that alternative  schools  had  higher                                                               
percentages for risky behaviors.                                                                                                
                                                                                                                                
9:36:17 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK  asked  how  Alaska  benefited  from  these  surveys.                                                               
Offering  his belief  that many  non-profit organizations  needed                                                               
this data in  order to obtain funding, he  asked which non-profit                                                               
groups benefited from these surveys.                                                                                            
                                                                                                                                
MR. OBERMEYER offered to provide  a list of the non-profits which                                                               
benefited  from  this  survey.     He  declared  this  to  be  an                                                               
informational issue for schools, in  order to deal with high risk                                                               
behaviors.  He pointed out that  there was a zero fiscal note for                                                               
SB 8, and he acknowledged that  private funding was raised to get                                                               
more participation in  the survey.  He expressed  his belief that                                                               
the  CDC  process  was  not  driven  by  nonprofit  organizations                                                               
looking for increased funding.  He  declared that the only way to                                                               
deal with high  risk student behaviors was "to  know what they're                                                               
doing and  this is  probably the  very best  way that  we've been                                                               
able to come up with."                                                                                                          
                                                                                                                                
9:38:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  observed that proposed SB  8 addressed the                                                               
issues for comparing Alaska to other  states, with a focus on the                                                               
appropriate spending  of public  money.   She offered  her belief                                                               
that  the  worldwide  philanthropic  organizations  donated  huge                                                               
amounts of funding  to Alaska based on data from  surveys such as                                                               
YRBS.                                                                                                                           
                                                                                                                                
MR.  OBERMEYER  pointed  out that  the  survey  results  provided                                                               
extensive details, allowing Alaska  the opportunity to review the                                                               
risk behaviors  in other states.   He clarified that  the handout                                                               
was merely a thumbnail sketch for Alaska.                                                                                       
                                                                                                                                
9:40:38 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P.  WILSON  declared  that the  survey  was  most                                                               
helpful  to  Alaska and  the  legislature  for determining  where                                                               
efforts needed to be concentrated.                                                                                              
                                                                                                                                
[CHAIR DICK opened public testimony.]                                                                                           
                                                                                                                                
9:42:11 AM                                                                                                                    
                                                                                                                                
EMILY  NENON,  Alaska  Government  Relations  Director,  American                                                               
Cancer Society Cancer Action Network,  assured the committee that                                                               
the  American  Cancer  Society  encouraged  the  efforts  of  the                                                               
Division of  Public Health  in the schools.   She  explained that                                                               
the YRBS gathered necessary information  in order to "measure the                                                               
effectiveness of  all of the  programs that we support,"  and for                                                               
recognition  of  the  emerging  issues.    In  the  last  decade,                                                               
although youth smoking had decreased  by 50 percent, it was still                                                               
an  issue to  be addressed.   She  clarified that  proposed SB  8                                                               
addressed  a problem  with  logistics, as  current  law tied  the                                                               
hands of  the school districts  for implementation of  the survey                                                               
in a  manner that worked  best for  each district.   She reported                                                               
that, pre-1999,  there was  a vague definition  to the  means for                                                               
in-school surveys; whereas, in 1999,  the law was more protective                                                               
for parent  and student  information.   She clarified  that these                                                               
protections and details were maintained  and expanded in proposed                                                               
SB  8, but  the  logistical hurdle  of  implementation by  school                                                               
districts was made easier.   She declared support for proposed SB
8 in  order to protect  parental engagement, better  serve youth,                                                               
and monitor the state investments.                                                                                              
                                                                                                                                
9:45:35 AM                                                                                                                    
                                                                                                                                
WARD HURLBURT, M.D., Chief  Medical Officer/Director, Division of                                                               
Public Health,  Central Office, Department  of Health  and Social                                                               
Services, corroborating the testimony  of Mr. Obermeyer, declared                                                               
that the  YRBS was  important to  the schools,  school districts,                                                               
the  Department  of Health  and  Social  Services, CDC,  and  the                                                               
Department of  Education and Early  Development.  He  shared that                                                               
experience indicated  that 10 percent  of parents  would decline,                                                               
and  an additional  20 percent  of parents  would not  return the                                                               
survey,  even  after  multiple  attempts to  contact  them.    He                                                               
pointed  out that  the survey  required 60  percent participation                                                               
for statistical significance, and  that the governor acknowledged                                                               
the importance of  the survey.  He reported that  about 25 of the                                                               
106 survey questions  were submitted by the state.   He clarified                                                               
that questions could be changed over  the years, and that some of                                                               
the questions were  put in the context of  presumption that youth                                                               
engaged in behavior  that many other young people  did not engage                                                               
in.  He explained that the  reason for the context of presumption                                                               
was to elicit  honest response.  He stated that  the governor was                                                               
committed  to strengthening  Alaskan  families,  did not  support                                                               
passive permission, and  did not support SB 8, as  he felt active                                                               
consent was necessary to engage parents with their children.                                                                    
                                                                                                                                
9:48:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CISSNA   reflected  that   there  had   not  been                                                               
testimony from the  parents, and she opined  that parent response                                                               
was critical to  obtain data, as Alaska leads the  nation in many                                                               
aspects of behavioral health risks.                                                                                             
                                                                                                                                
MR.  OBERMEYER pointed  out that  parental consent  was requested                                                               
during   student   registration,   and   again   prior   to   the                                                               
questionnaire.                                                                                                                  
                                                                                                                                
9:51:35 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KAWASAKI  asked  about  the  value  of  the  data                                                               
collected by the survey.                                                                                                        
                                                                                                                                
DR. HULBURT, in response to  Representative Kawasaki, stated that                                                               
the data was quite valuable as  it addressed many issues of youth                                                               
behavior that  could present  risks, and  that the  governor also                                                               
agreed with the value of the data.                                                                                              
                                                                                                                                
REPRESENTATIVE KAWASAKI  asked how the governor  wanted to obtain                                                               
compliance  in  order  to  reach  the  necessary  60  percent  of                                                               
participation.                                                                                                                  
                                                                                                                                
DR.  HULBURT agreed  that the  participation  rates were  greater                                                               
with  passive  consent;  however,  he opined  that  the  governor                                                               
wanted  to strengthen  families in  the state  and preferred  the                                                               
current method.                                                                                                                 
                                                                                                                                
9:53:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON asked  to clarify  that the  data was  not                                                               
scientifically   defensible  if   there   was   not  60   percent                                                               
participation.   He asked if  the Division of Public  Health used                                                               
the data regardless.                                                                                                            
                                                                                                                                
DR. HULBURT explained  that, in years when they  had not achieved                                                               
60  percent  participation,  the  data was  informative  but  not                                                               
conclusive for  statistical significance,  and "a handicap  to us                                                               
in obtaining  grants for some  of the important programs  that we                                                               
believe can benefit Alaska's youth."   He reported that, in 2011,                                                               
participation was almost 63 percent.                                                                                            
                                                                                                                                
9:55:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CISSNA  offered her  belief that it  was important                                                               
to know what was happening with the school districts.                                                                           
                                                                                                                                
9:56:22 AM                                                                                                                    
                                                                                                                                
RYAN KAUFFMAN stated that he  was representing himself on his own                                                               
time,  and that  he supported  youth  and the  efforts to  reduce                                                               
their risk  behaviors and  increase their  success.   He reminded                                                               
the  committee  that  the survey  was  completely  anonymous  and                                                               
confidential, and  that it was  an evaluation tool  which allowed                                                               
relevant and  consistent services for risk  behaviors experienced                                                               
by Alaskan students.   In response to Chair Dick,  he pointed out                                                               
that  addressing high  risk  behaviors  at a  younger  age was  a                                                               
benefit to Alaska  as it lowered the risk behaviors  in the adult                                                               
population,  thereby reducing  fiscal  costs  and increasing  the                                                               
quality of  life for  Alaskan residents.   He offered  his belief                                                               
that there was  a fiscal benefit to passage of  proposed SB 8, as                                                               
the  data  ensured  that  the  increasing  number  of  prevention                                                               
programs were  effective.   He described that  his role  with the                                                               
Sitka School District  for coordinating the YRBS  had required an                                                               
extraordinary  effort  to  collect  the  minimum  60  percent  by                                                               
necessitating  active  parental consent.    He  declared that  it                                                               
required multiple  mailings to parents, sending  permission forms                                                               
home with students, and following up  with door to door visits to                                                               
homes and  work places.  He  pointed out that the  current system                                                               
operated to  accommodate the 10  percent of parents  who actively                                                               
opted out of participation.  He encouraged support of proposed                                                                  
SB 8.                                                                                                                           
                                                                                                                                
10:00:33 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  FEIGE  expressed  his   belief  that  60  percent                                                               
participation  seemed  high  for   scientific  validation,  as  a                                                               
typical sample was often for  much lower participation.  He asked                                                               
what standard deviation was scientifically  valid and what sample                                                               
size was necessary.                                                                                                             
                                                                                                                                
10:01:28 AM                                                                                                                   
                                                                                                                                
CHAIR DICK said that public testimony would remain open.                                                                        
                                                                                                                                
[SB 8 was held over.]                                                                                                           

Document Name Date/Time Subjects
HB 242 Supporting Document AASB.pdf HEDC 2/20/2012 8:00:00 AM
HB 242
HB 242 Supporting Document CDL Leveling the Playing Field.pdf HEDC 2/20/2012 8:00:00 AM
HB 242
HB 242 Version A.pdf HEDC 2/20/2012 8:00:00 AM
HB 242
HB242 Sponsor Statement Version A.pdf HEDC 2/20/2012 8:00:00 AM
HB 242
HB242-EED-ESS-2-17-12.pdf HEDC 2/20/2012 8:00:00 AM
HB 242