Legislature(2007 - 2008)CAPITOL 106
04/10/2007 04:00 PM House HEALTH, EDUCATION & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB207 | |
| HB215 | |
| HB213 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 207 | TELECONFERENCED | |
| *+ | HB 215 | TELECONFERENCED | |
| *+ | HB 213 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 207-STUDENT QUESTIONNAIRES AND SURVEYS The committee took an at-ease from 4:04 p.m. to 4:05 p.m. 4:05:29 PM CHAIR WILSON announced that the first order of business would be HOUSE BILL NO. 207, "An Act relating to questionnaires and surveys administered in the public schools." 4:05:36 PM REBECCA ROONEY, Staff to Representative Peggy Wilson, Alaska State Legislature, presented HB 207 on behalf of Representative Wilson, sponsor. She paraphrased from the following written statement [original punctuation provided]: HB 207 will change the parental consent requirement for surveys in schools from active to passive. Active parental consent requires written permission to participate in the survey. Active parental consent overburdens the school system and significantly increases the costs involved in conducting student surveys. Research and experience suggests that the vast majority of parents would consent to their students participating in such surveys. Many schools are unable to use the data they collect because there are not enough participants. Most of the research indicates failures to provide written permission are driven by apathy, oversight, or student error, not by parent's refusal. Passive parental consent notifies and informs the parents about the nature of the surveys and allows parents to refuse to allow their child to participate in the survey. School-based surveys continue to be a reliable method for gathering valuable population based information on youth. This data helps policy makers, educators, program planners, and parents to better understand important health and social issues that affect young people's 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 and stroke, safe and drug free schools and other substance abuse prevention, injury prevention including violence and suicide prevention, HIV and STD prevention, and more. The overall statewide response rate to YRBS in 2005 was 55%, which did not meet the required response rate of 60%. The State was unable to use the data or publish a report, since the data would not be representative of the high school population. When we don't get the report we lose the ability to have timely data, track trends over time, and are not able to compare Alaska data to national data during the same time period. One thing to note is that notification of surveys, and their content, will still be sent to every parent of a child that is a candidate participant in the survey, as we did before with active permission. A parent will have the option of reviewing the survey and how it will be administered before it is administered. Any parent who doesn't want their child to participate will have the option to opt-out. 4:08:55 PM REPRESENTATIVE FAIRCLOUGH asked whether the law was previously changed from requiring passive to active parental consent. MS. ROONEY responded that the original law was changed in 1999. 4:09:47 PM REPRESENTATIVE GARDNER recalled that the Anchorage School District has lost grants and federal funds due to the change. She asked whether the sponsor knows how much the active parental consent requirement has cost the state. MS. ROONEY replied that in 2007 a $50,000 line item was approved to fund contacts with parents to inspire parents to return consent forms; in fact, additional costs will be the subject of subsequent testimony. 4:10:50 PM REPRESENTATIVE NEUMAN asked whether the Department of Education and Early Development (EED) has a policy or standard regarding parental notification of surveys and controversial presentations or classes. MS. ROONEY expressed her belief that, currently by statute, active parental consent is required to participate in a survey, whether anonymous or voluntary. She added that there will be testimony from EED representatives. REPRESENTATIVE NEUMAN questioned whether all school districts conform to the same policy. CHAIR WILSON acknowledged that some school districts have slightly different policies in that some require one blanket permission slip during enrollment while others obtain permission for each occurrence. 4:12:35 PM REPRESENTATIVE FAIRCLOUGH observed that Anchorage schools are allowed to obtain a blanket permission slip at registration, and then to give two week notice prior to the administration of a survey. She asked for confirmation that HB 207 will not preclude this existing state law. MS. ROONEY deferred to EED representatives. 4:13:36 PM JAY BUTLER, M.D., Director, Central Office, Division of Public Health, Department of Health and Social Services (DHSS), informed the committee that from a public health perspective, YRBS is an epidemiological survey designed by the CDC and administered by state and local health agencies and schools each year. The survey is conducted in approximately 45 states around the country, and Alaska has participated since 1995. Approximately 2,000 high school students in Alaska anonymously answer questions about a number of health-related activities, and the data is used to develop and evaluate programs to encourage a healthy lifestyle for young adults. For validity of the survey, Alaska is required to meet a predefined response rate of 60 percent; however, the 2003 survey was barely representative and the response rate in 2005 was 55 percent. Dr. Butler explained that national data suggests that school districts that require active parental consent will have a lower response rate. 4:16:36 PM REPRESENTATIVE GARDNER asked whether the witness was familiar with any adverse fiscal impact to Alaska as a result of the low response rate on the survey. DR. BUTLER answered that in addition to the $50,000 incentive monies, there would be the costs of administering a survey that did not yield useful data. 4:18:01 PM TAMMY GREEN, Chronic Disease, Division of Public Health, Department of Health and Social Services (DHSS), reminded the committee that, prior to 1999 and under the statute permitting passive consent, there were no reported problems. She stated that although HB 207 will revert to passive parental consent statewide, it will not preclude school districts from requiring active permission on a local basis. Ms. Green pointed out that the data collected by the YRBS survey has been utilized for the tobacco use prevention program and for public health education in a cost effective way. 4:20:22 PM GEORGE W. BROWN, M.D., informed the committee that he is a practicing pediatrician in Juneau. Dr. Brown stated that having accurate data is the cornerstone of effective public and individual health. Therefore, the passage of HB 207 will aid in the collection of data and is best for children, youth, parents, and the school and parent relationship. He strongly urged the committee to pass the bill. 4:21:28 PM MATT FELIX, Director, National Council on Alcoholism and Drug Dependence (NCADD), informed the committee that his agency is one of the oldest nonprofits in Juneau, and its main focus is the prevention of alcohol and drug abuse. As a prevention and promotion agency, the NCADD does not recruit treatment fees and primarily relies on grants and contracts for funding. Currently, his agency has 14 grants and contracts from federal, state, and local government. Mr. Felix pointed out that for his agency to maintain available federal funding, it must provide clear data to support grant applications. He referred to a nationwide survey conducted by the University of Michigan that did not include Alaska due to the lack of data. Complete survey data is necessary to compete with other states for grant funds. In addition, Mr. Felix noted that a passive survey will include students beyond "the cream of the crop" and will provide a better picture of health and behavior in the state. Mr. Felix relayed that he has lost grants due to the lack of data; for example, transportation grants for the promotion of seat belt usage and to prevent drunk driving. He stressed that accurate survey data measures the need for and the response to prevention programs. 4:25:18 PM REPRESENTATIVE FAIRCLOUGH asked whether other sources of information are available. For example, data from police records that document violations of seat belt laws. MR. FELIX acknowledged that data can be obtained elsewhere, but the YRBS survey is the broadest and best source for comparative and objective information. He encouraged the passage of HB 207, and concluded that non profit agencies in the state are suffering from the lack of data. 4:26:42 PM EMILY NENON, Alaska Government Relations Director, American Cancer Society, stated that the importance of survey data to her organization is to set goals and to measure the success of various prevention programs. She pointed out that the passage of HB 207 will not return the state to the 1998 statute. In fact, HB 207 incorporates the best of the previous statute and also preserves the key elements of the changes in law that were made in 1999. Ms. Nenon stated that the parental review of surveys and the notification of results is retained in HB 207. 4:29:52 PM CHAIR WILSON recalled that during the previous session the House Health, Education and Social Services Standing Committee recommended the changes made by the bill in order to lower the state's cost of providing social services. 4:30:59 PM REPRESENTATIVE GARDNER added that HB 207 will preserve the confidentiality of individual students and families. CHAIR WILSON noted that, in addition, the bill will maintain parental rights of review and denial of permission. 4:31:52 PM REPRESENTATIVE FAIRCLOUGH restated her question regarding the ability of a school district to obtain a blanket permission slip for the school year under Sec. 14.03.110(b). She read: Of this section may be obtained annually and is valid until the commencement of the subsequent school year or until the parent or legal guardian who gave permission submits a written withdrawal of permission to the school [principal]. REPRESENTATIVE FAIRCLOUGH continued to say that, as a parent, she would like to see that a copy of the survey is still provided and that the Anchorage School District can continue its current policy. 4:33:20 PM DICK LUTHER, Special Assistant, Office of the Commissioner, Department of Education and Early Development, advised that the current regulation, passed in 1999, requires that parents notify the school with permission or with denial of permission prior to the administration of a survey. He opined that a school district can utilize a blanket permission slip at the beginning of the year; however, parents retain the right to look at the survey and can revoke their blanket permission. Mr. Luther said that districts are required to follow the law, but can write different procedures at the local level. 4:34:49 PM CHAIR WILSON opined that HB 207 provides parents the right to withdraw their annual blanket permission after they review the survey. MR. LUTHER agreed. He added that the permission is given at the beginning and it stays in effect "until revoked." 4:35:52 PM REPRESENTATIVE FAIRCLOUGH observed that HB 207 does not specifically allow the one-year blanket provision. She related she is not in opposition to forwarding the bill from committee because the information that's generated is valuable to the state as well as local communities. Representative Fairclough said, "But ... we were explicit before to allow a one-year blanket. And this ... goes one step further and allows a parent to actually see the survey. But, for a parent ... like me, I like to be able to give it once, right with registration, and then review it as it comes along. But if I'm not being active, ... then I want the school district to be able to go ahead and administer the survey ...." MR. LUTHER expressed his belief that HB 207 does not require parental permission. However, if a parent does not want his/her student to participate in a survey, then they have to notify the school district. He reiterated that the new legislation does not require permission; it requires the opposite. Mr. Luther opined that opposing parents will be given a blanket disapproval at the beginning of the school year. 4:37:56 PM REPRESENTATIVE NEUMAN asked whether Mr. Luther would define "active" and "passive." MR. LUTHER responded that an active response says a student can not participate and a passive response allows a student to take the survey, unless the parent does not want them to. REPRESENTATIVE NEUMAN referred to HB 207, page 2, subsection (c), and said that the school district is required to provide two weeks' notice. He expressed his understanding that if a parent does not want a child to participate, an active parent is required to notify the school and a passive parent does not reply and thus consents. Representative Neuman concluded that districts are required to send all surveys to parents for their review two weeks before the survey is taken. MR. LUTHER agreed, and added that surveys must be sent out two weeks before they are administered at which time parents have the opportunity to actively say "no", or, say nothing, and imply consent. The current legislation requires a response of "yes" or "no." 4:40:25 PM MS. NENON said that she had spoken with the president of the Anchorage School Board regarding HB 207. Her understanding is that school districts at the local level will have the power to set policies that are above and beyond what is required at the state level. She opined that HB 207 does not preclude execution of an annual blanket permission form, or conversely, does not preclude a school district from requiring active parental consent. 4:42:22 PM REPRESENTATIVE SEATON observed that HB 207 requires that every survey has to go to each parent two weeks prior to administration; thus, there is no option for yearly permission. He said that this requirement is an expensive burden for the school system, and should be amended to allow annual permission. 4:43:34 PM REPRESENTATIVE GARDNER opined that the language allows for the school district to give written two weeks' notice at the beginning of the year. CHAIR WILSON agreed with Representative Gardner, but noted that the amendment suggested by Representative Seaton was acceptable. 4:44:21 PM REPRESENTATIVE ROSES commented that a blanket permission slip at the beginning of the year for any survey would be fine. He explained that the bill would provide that even the students whose parents did not sign a permission slip would be given the survey; therefore, all students, whether their parents had signed the slip or not, would be given the survey. The only exception would be for those students whose parents signed a specific paper stating that they do not want their children to be given the survey. 4:45:12 PM REPRESENTATIVE FAIRCLOUGH concurred with Representative Roses. She said, "They have to notify the parents, one way or another." 4:45:24 PM REPRESENTATIVE NEUMAN directed attention to language on page 2, line 3, which specifies "the questionnaire". He interpreted that to mean each individual survey, not a blanket survey. He questioned whether it would be possible for parents who give permission for their children to fill out a survey to have the option of seeing the surveys before they are given. 4:47:27 PM REPRESENTATIVE FAIRCLOUGH said, "I am not in opposition, because this would remove a step at registration, because they are already required - every time they do a survey - to ask the parent the question." Notwithstanding that, she relayed that there are parents who are concerned with the subjective nature of some school surveys. She revealed that parents have called her regarding a survey that asked about sexual practices and was worded in a manner which assumed that the child was sexually active. She cautioned against making assumptions about a child's behavior. 4:50:33 PM REPRESENTATIVE ROSES, regarding two-week notification, drew attention to the language in statute as of 1999, which allows permission to be given at the beginning of the year for anonymous surveys but requires two-week notification for any survey that is not anonymous. He offered his understanding that HB 207 does not make that distinction. 4:51:07 PM MS. ROONEY offered an explanation. REPRESENTATIVE ROSES clarified that he wants to know if HB 207 would remove any language from AS 14.03.110(c), which read as follows: (c) If a school administers to a student a questionnaire or survey that is not anonymous, the school shall obtain the written permission required under (a) of this section from the student's parent or legal guardian at least two weeks before the questionnaire or survey is administered. CHAIR WILSON and MS. ROONEY directed attention to subsections (a) and (b), which read as follows: (a) A school district, principal or other person in charge of a public school, or teacher in a public school may not administer or permit to be administered in a school a questionnaire or survey, whether anonymous or not, that inquires into personal or private family affairs of the student not a matter of public record or subject to public observation unless written permission is obtained from the student's parent or legal guardian. (b) For an anonymous questionnaire or survey, written permission required under (a) of this section may be obtained annually and is valid until the commencement of the subsequent school year or until the parent or legal guardian who gave permission submits a written withdrawal of permission to the school principal. The school shall provide each student's parent or legal guardian at least two weeks' notice before administering a questionnaire or survey described under this subsection. REPRESENTATIVE ROSES restated his concern as follows: HB 207 takes the 1999 statute that says if it is an anonymous survey you can get permission at the beginning of the year, [and] ... says you don't need permission. Unless we specifically receive a written notice that you do not want your child to participate, they will automatically participate. However, in [subsection] (c) where if it says if the survey is not anonymous there must be a two-week written notice, this bill, HB 207, repeals that. And so, we no longer make a distinction between anonymous and non-anonymous surveys. Is that correct? 4:53:52 PM REPRESENTATIVE FAIRCLOUGH, in response to comments by Chair Wilson and Ms. Rooney, said she thinks Representative Roses is correct. She continued: It's going to eliminate the current provision that is in code right now that defines a difference between anonymous and not anonymous. So, he's correct that [subsection] (c) is repealed. You're correct that it's referring to [subsections] (a) and (b), but in the end, the current language that's in statute no longer will exist for a non-anonymous survey; it's rolled together. 4:54:23 PM REPRESENTATIVE ROSES said in reading the language, he vacillated on his interpretation of its meaning; therefore, he stated his desire that it be stated for the record if the intent of the bill is to eliminate the two-week requirement for non-anonymous surveys. MS. ROONEY emphasized that is not the intent of the proposed legislation. CHAIR WILSON announced her intent to hold HB 207 in order to get the answers to remaining questions. 4:55:45 PM REPRESENTATIVE SEATON related that he would like to offer an amendment to add a subsection (d) that would state, "For the purposes of (b) of this section, parents may give annual written permission and waive the requirement to receive surveys for inspection prior to administration by the school district." He explained that many parents don't want the surveys sent to them in the mail, and it is costly to do those mailings. He said he is letting the committee know what his amendment would be, because he would like them to think about it until the next bill hearing. CHAIR WILSON said she does not think it would be a requirement to send the surveys in the mail; the school would only have to offer the opportunity for the parent to review the survey, which could mean coming in to the school to look at it. 4:57:33 PM REPRESENTATIVE FAIRCLOUGH asked for an example of a non- anonymous survey, whereby a child's name is attached to the survey. MS. ROONEY offered her understanding that surveys which ask about the child's ethnicity, for example, would be non- anonymous. 4:58:54 PM CHAIR WILSON closed public testimony and announced that HB 207 was heard and held.
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