Legislature(2009 - 2010)CAPITOL 106
03/11/2010 03:00 PM House HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| HB284 | |
| HB260 | |
| SCR12 | |
| SB101 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SCR 12 | TELECONFERENCED | |
| += | SB 101 | TELECONFERENCED | |
| *+ | HB 260 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 284 | TELECONFERENCED | |
SB 101-STUDENT QUESTIONNAIRES AND SURVEYS
3:57:29 PM
CO-CHAIR HERRON announced that the final order of business would
be SENATE BILL NO. 101, "An Act relating to questionnaires and
surveys administered in the public schools."
3:57:59 PM
SENATOR BETTYE DAVIS, Alaska State Legislature, offered to
present the bullet points of the bill.
3:58:59 PM
TOM OBERMEYER, Staff to Senator Bettye Davis, Alaska State
Legislature, explained that SB 101 strengthens current parental
notification provisions on the Youth Risk Behavior Survey (YRBS)
as it allows for passive parental consent to student
participation in the YRBS, ensures two week advance
notification, and allows parents to choose not to participate.
He explained that the YRBS was a voluntary, anonymous, school
based survey of high school students, developed by the Centers
for Disease Control (CDC), and administered every two years. He
stated that current law required a signed permission slip from
the parents, which hindered the data collection, as many of the
permission slips were not returned. He acknowledged the
importance of parental support and engagement, and the need for
parents to be kept informed and involved. He stated that SB 101
balanced the parental need for information with the state's
interest to protect children from high risk behavior. He shared
that the Anchorage School District had barely met the necessary
minimum participation for the 2009 YRSB survey, and that SB 101
would endeavor to change this.
4:02:10 PM
SENATOR DAVIS asked if the committee would like a synopsis of SB
101.
4:02:25 PM
CO-CHAIR HERRON replied that he would listen to public
testimony.
4:02:39 PM
REPRESENTATIVE LYNN asked if there was a loss of federal money
if there was not a minimum return of surveys.
MR OBERMEYER replied that there might be a loss of money for
non-participation.
REPRESENTATIVE LYNN asked to clarify that there was money for
the school districts for minimal participation in YRBS.
SENATOR DAVIS replied that it was necessary for 60 percent
participation, as that threshold determined that organizations
did receive money. She pointed out the importance of the data.
4:05:07 PM
CO-CHAIR KELLER noted that some testimony reflected concern with
sharing private family information. He said that the question
was not about the value of the data, but that passive permission
was the default position for the sharing of private information.
He stated that the data was good, but he expressed his concern
for the lessening of privacy.
4:07:31 PM
SENATOR DAVIS, in response, emphasized that SB 101 did not
lessen privacy. She stated that the permission letter would be
mailed, not sent home with the student. She said this was not
the only survey given in the schools. She emphasized that both
the parent and the student had the right to deny participation.
She stated her support for parental rights. She declared that
there were other obligations, as well.
4:09:30 PM
CO-CHAIR KELLER offered his belief that privacy was the main
issue with the bill.
4:09:50 PM
REPRESENTATIVE T. WILSON asked why the parental consent slip
signed during school registration was not sufficient in
Anchorage.
4:10:15 PM
MR. OBERMEYER, in response, offered his belief that this
permission slip was offered in August and that the anonymous
surveys required two week's notice. He pointed out that SB 101
included a long notification process. He noted that the issue
was both legal and procedural.
4:12:18 PM
REPRESENTATIVE T. WILSON asked if there were federal
requirements regarding notification time.
SENATOR DAVIS replied that this referenced state law, not
federal law.
MR. OBERMEYER said that the process was already a state law, and
that SB 101 was asking to allow non-response as consent for this
survey.
4:13:07 PM
REPRESENTATIVE T. WILSON asked why the current system of
permission during school enrollment was not acceptable.
4:13:59 PM
SENATOR DAVIS, in response to Representative T. Wilson,
explained that there had been insufficient returns. She
reiterated that SB 101 would not take away parental rights.
4:15:00 PM
REPRESENTATIVE HOLMES recalled that parents were encouraged, but
not required, to show up at registration.
4:15:43 PM
CO-CHAIR KELLER asked if there was evidence that receipt of
federal money had been hindered because of the current law.
4:16:13 PM
SENATOR DAVIS said that she was more concerned with collecting
the survey data than about receiving the money.
4:16:51 PM
CO-CHAIR HERRON referred to the information in the committee
packets.
4:17:14 PM
RYAN KAUFFMAN said that he was the local coordinator for the
YRBS survey in the Sitka School District. He opined that a high
response rate gave a clearer picture for the necessary services.
He pointed out that an incorrect distribution of service funding
was equivalent to a loss of revenue. He reminded the committee
that the YRBS was anonymous, which was the highest priority. He
recollected that twenty percent did not respond, ten percent of
students were absent or travelling, and eight percent had opted
out. He said that the passage of SB 101 would translate to the
saving of many man-hours and dollars necessary to collect the
permission. He offered his belief that signatures had to be
collected two weeks prior to the survey. He stated that many
parents did not return paperwork, even at the beginning of the
school year. He pointed out that most parents were supportive.
4:21:54 PM
REPRESENTATIVE LYNN asked if any federal money was tied to the
percentage of surveys returned.
CO-CHAIR HERRON confirmed that Ms. Owen was better suited to
answer that.
4:22:35 PM
MR. KAUFFMAN, in response to Representative Holmes, said that
parents were not required to show up at registration.
4:23:05 PM
REPRESENTATIVE T. WILSON asked how children were registered at
the school.
MR. KAUFFMAN opined that students were re-enrolled from the
prior year.
4:23:52 PM
REPRESENTATIVE T. WILSON offered her belief that the law stated
that at least two week's notice be given prior to the survey, so
that the permission could have been collected at the beginning
of the school year. She asked if this would have made things
easier.
MR. KAUFFMAN replied that school registration was a very
difficult and busy time, and it would be a difficult time to
organize a large survey.
4:24:43 PM
CO-CHAIR KELLER clarified that AS 14.03.110(b) allowed for
anonymous survey permission to be obtained annually, and was
valid until the subsequent year.
4:25:40 PM
JIM MINNERY, President, Alaska Family Council, declared that
they had just finished another statewide parental notification
campaign. He said that SB 101 undermines parental rights
because it places the burden on the parent to say no. He
questioned the content and the usefulness of the data. He
opined that it was difficult enough for parents to shelter their
children. He suggested that school districts experiencing
problems with collecting enough permission should speak with
other school districts which have been successful. He stressed
that parent's rights were being usurped. He encouraged
opposition to SB 101.
4:29:52 PM
EMILY NENON, Alaska Government Relations Director, American
Cancer Society Cancer Action Network (ACS CAN), testified that
after watching this issue for many years, SB 101 maintains and
strengthens parental notification provisions, "while improving
the opportunities to better serve our youth." She spoke in
support of SB 101.
4:30:42 PM
MARY FRANCIS, Executive Director, Alaska Council of School
Administrators, said that school administrators believed that
the information was very important, and could be used for grant
purposes. She stated that it was about the data, not any
limitation on parental rights. She stated support for SB 101.
4:31:53 PM
PAULA EASLEY, Trustee, Alaska Mental Health Trust Authority,
reported that the trustees supported allowing student
participation in the YRBS, unless the parent or guardian
objected in writing. She stressed that students had to also be
free to determine their own level of participation. She pointed
out that the data ensured for Alaska's health, safety, and
prevention programs to be evidence based and properly targeted.
She reported that one parent had stated "parents absolutely
needed to be aware of other teenager's behaviors and concerns to
help them better protect their own children's interests." She
referred to the DHSS scorecard which compared national and
Alaska data on issues impacting Trust beneficiaries. She
expressed the need for accurate and current information. She
stated that as a mother, a grandmother, and a conservative, she
was a very strong advocate for the protection of privacy rights,
but she did not believe SB 101 violated these rights. She
stated her support for SB 101.
4:34:35 PM
ANNIE DOUGHERTY, Teacher, shared that she had been a teacher in
rural and urban schools, and was familiar with the difficulties.
She stressed that it was critical to retain active parental
permission. She declared that the role as educators was to
deliver education, not surveys. She agreed that the data was
important, but it was necessary to maintain respect for the
parents. She expressed concern for losing students and student
funding to private or home schools because of parental
dissatisfaction. She opined that SB 101 would create more
parental distrust. She emphasized the need for parental
participation for student success. She suggested alternate
methods for attaining parental permission. She pointed out that
children were taught to wait for permission, and not to assume
permission when there was not a response. She suggested a query
to parents for their response to SB 101.
4:41:46 PM
MONICA GROSS, Doctor, said that she was a parent of four
teenagers, and that she supported SB 101. She offered her
belief that SB 101 supported families and parents, as it was so
important for parents to know what was going on with teens. She
reiterated that the survey was confidential and that it provided
data about teenagers.
4:43:00 PM
REPRESENTATIVE T. WILSON stated that the data was for Alaska and
"not gonna get what the kids, my kids, hang out with, you don't
get that kind of data." She expressed concern for parental
awareness. She offered her belief that it was more important to
test the [school] programs before they are funded, instead of
"how a teenager might check their activity on drugs or suicide."
She opined that there was too much focus on the data and not the
focus on whether the programs were working.
4:44:09 PM
DR. GROSS replied that the "world of teens is rapidly changing
all the time." She directed attention to the prior year problem
with prescription drug abuse in Juneau, and she stated that the
survey offered community data, as well.
4:44:52 PM
REPRESENTATIVE T. WILSON asked about the survey revealing a
problem with prescription drugs.
4:45:10 PM
DR. GROSS expressed the need for constant data updates as the
teen world was rapidly evolving.
4:45:29 PM
CO-CHAIR KELLER acknowledged the need, and the difficulty, for
parents to get the necessary information. He opined that
parents would be better informed with active permission.
4:46:20 PM
DR. GROSS agreed that in a perfect world, parents would give
active permission, but she lamented that often children lose
paperwork. She pointed out that not many parents even go to
parent teacher conferences. She said that kids now assert more
independence, and parents are less involved. She said that if a
parent was opposed, they could sign a statement of non-
participation. She supported passive permission.
4:47:15 PM
PATTY OWEN, State YRBS Survey Coordinator, Division of Public
Health, Department of Health and Social Services, said that she
was available for questions to the topics discussed.
4:48:15 PM
CO-CHAIR HERRON asked for her comments.
4:48:30 PM
MS. OWEN said that the process for collecting permission forms
was different in each district, with varying success. She
explained that districts did not always have the permission on
file, and as the law required two weeks' notice, parents were
contacted again for permission for the YRBS. She clarified that
this was both YRBS protocol and the law. She relayed that there
was not any quantifiable loss to federal funding from lack of
YRBS data, but that the loss of federal grants for health and
education programs was quantifiable.
MS. OWEN relayed that CDC has predicted a 50 percent decrease of
student response with the request for active parental consent,
unless extraordinary measures were taken. She applauded the
efforts by school districts to incentivize for the return of the
permission slips. She said that lack of return for permission,
and sickness on the day of the YRBS, jeopardized the response
rate.
4:51:35 PM
CO-CHAIR HERRON closed public testimony.
4:52:00 PM
REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 26-
LS0524\A.2 Mischel, 2/17/10, which read:
Page 2, lines 23 - 24:
Delete "guardian notice of the survey"
Insert "legal guardian notice of the survey as
provided under (d) of this section at least two weeks
before the survey is administered"
4:52:08 PM
CO-CHAIR HERRON objected for discussion.
REPRESENTATIVE SEATON explained that the construction change
would include the student's legal guardian and would require
inclusion of all eight of the requirements in AS 14.03.110(d) to
be met.
4:53:33 PM
SENATOR DAVIS said that she had no objection to Amendment 1.
4:53:44 PM
CO-CHAIR HERRON removed his objection. There being no further
objection, Amendment 1 was adopted.
REPRESENTATIVE T. WILSON asked how there could be verification
that every parent had been notified.
4:54:15 PM
SENATOR DAVIS said that she could not answer that.
4:54:37 PM
REPRESENTATIVE T. WILSON said that, currently, permission was
needed to be given for the YRBS. She opined that a change in
the current system could not guarantee that parents would even
know about the YRBS.
4:55:58 PM
SENATOR DAVIS expressed her assumption that the procedure would
be followed and the permission slips would be mailed two weeks
prior.
4:56:57 PM
REPRESENTATIVE T. WILSON asked if a better solution would be to
mail them out right now.
4:57:12 PM
SENATOR DAVIS said that she did not know what procedure each
district was currently following.
4:57:34 PM
REPRESENTATIVE CISSNA reported that Alaska lead the nation in
abuses to children. She opined that the YRBS could address some
of these abuses. She offered her belief that the parents who
were staying in contact were the parents who would be returning
the forms, regardless of the decision to participate or not.
She suggested that the parents who did not want their children
to take the survey were the same ones who would be protected by
the testing.
5:00:38 PM
REPRESENTATIVE SEATON stated that the only issue was for parents
not responding and not participating in their children's lives.
He offered as an example the Challenge Program of the Alaska
Military Youth Academy, which wanted to allow the personal
contact information for drop outs to be shared on an opt out
basis. He offered his belief that the amendment would allow for
the protection of privacy for the YRBS, and that this would be
the only survey allowing for students to participate without a
specific parental approval.
5:02:39 PM
CO-CHAIR KELLER said that, currently, a significant number of
parents were saying no to participation in the YRBS, yet the
data was still being collected. He offered his belief that the
bill abrogates the fundamental, inherent, parent rights.
REPRESENTATIVE T. WILSON pointed out that it was assumed that
parents had received the notice for the YRBS. She said that
financial loss was not the issue. She offered her belief that
the YRBS should be the survey that most necessitated an active
parental consent. She opined that the YRBS was very personal.
She expressed the necessity for parents to actively give
permission.
5:06:28 PM
REPRESENTATIVE LYNN offered his agreement with the comments of
Co-Chair Keller and Representative T. Wilson. He applauded the
survey intent, but he expressed his dislike for the survey
questions. He noted that everyone wanted to stop inappropriate
behavior. He expressed concern for the unintended consequences,
and he declared that SB 101 took away parental rights. He
declared that it was necessary for [active] permission to be
granted by the parents for participation in the YRBS.
5:08:51 PM
REPRESENTATIVE SEATON moved to report SB 101, as amended, out of
committee with individual recommendations.
REPRESENTATIVE T. WILSON and CO-CHAIR KELLER objected.
5:09:11 PM
CO-CHAIR KELLER commented that the money spent to encourage
parental participation for the YRBS was also instrumental for
encouragement and engagement to overall parental participation.
5:11:01 PM
A roll call vote was taken. Representatives Seaton, Cissna,
Holmes, and Herron voted in favor of SB101, as amended.
Representatives T. Wilson, Lynn, and Keller voted against it.
Therefore, HCSSB 101(HSS) was reported from the House Health and
Social Services Standing Committee by a vote of 4-3.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 260 sponsor statement.doc |
HHSS 3/11/2010 3:00:00 PM |
HB 260 |
| HB 260 backup - Preventive Health Care_An Ounce of Prevention by Eve Scheffenacker.doc |
HHSS 3/11/2010 3:00:00 PM |
HB 260 |
| HB 260 backup - Cohen article in New England Journal of Medicine 2-14-2008.pdf |
HHSS 3/11/2010 3:00:00 PM |
HB 260 |