Legislature(2007 - 2008)CAPITOL 120

05/02/2007 01:00 PM House JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 65 PERSONAL INFORMATION & CONSUMER CREDIT TELECONFERENCED
Heard & Held
+ HB 232 ALCOHOL SALE/PURCHASE/DISTRIBUTION TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 207 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
Moved CSHB 207(JUD) Out of Committee
HB 207 - STUDENT QUESTIONNAIRES AND SURVEYS                                                                                   
                                                                                                                                
1:10:12 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS 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."    [Before  the                                                               
committee was CSHB 207(HES).]                                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL moved  to  adopt  the proposed  committee                                                               
substitute  (CS)  for  HB   207,  Version  25-LS0680\K,  Mischel,                                                               
4/30/07, as the work draft.                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
                                                                                                                                
1:10:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PEGGY  WILSON, Alaska State  Legislature, sponsor,                                                               
offered  that  Version  K  addresses  the  concern  that  parents                                                               
understand  the  content  of  the  surveys,  and  clarifies  that                                                               
"written notice"  must include:   the  date the  survey is  to be                                                               
administered; a  description of  the content  of the  survey; the                                                               
name of the  sponsor of the survey;  and the name of  a person to                                                               
contact at the  school district regarding the survey.   Version K                                                               
also  now  stipulates that  a  written  denial of  permission  to                                                               
participate in a  survey may be submitted to either  a teacher or                                                               
the principal.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  GRUENBERG, referring  to  the  2005 Alaska  YRBS,                                                               
noted that on  the front page it  says in part:  "If  you are not                                                               
comfortable  answering a  question,  just leave  it  blank."   He                                                               
opined that  it is important for  the students to know  that they                                                               
are not  obligated to answer all,  or even any, of  the questions                                                               
in the survey,  and that this should be clarified  in the law and                                                               
be made  clear to  the parents.   He indicated  that he  would be                                                               
offering an amendment to ensure  that the required written notice                                                               
to parents also  include the information that the  student is not                                                               
obligated to  answer all or any  of the questions in  the survey.                                                               
He  also  said  he  wants  to ensure  that  students  don't  feel                                                               
pressured to  participate in  the survey  just because  all their                                                               
classmates are participating.                                                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG then removed his objection.                                                                            
                                                                                                                                
CHAIR RAMRAS announced that Version K was before the committee.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked how the legislature  could ensure                                                               
that students  won't be put  in an embarrassing position  for not                                                               
participating in the survey.                                                                                                    
                                                                                                                                
REPRESENTATIVE  WILSON   offered  her  understanding   that  most                                                               
schools  simply allow  students who  are not  participating in  a                                                               
survey  to  go to  the  library  until  the other  students  have                                                               
completed the survey.                                                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  doesn't want teachers to single                                                               
out students who are not participating in the survey.                                                                           
                                                                                                                                
REPRESENTATIVE WILSON surmised that  that same problem will exist                                                               
regardless of whether the bill passes.                                                                                          
                                                                                                                                
1:16:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment  1, which,  along  with  handwritten corrections,  read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     pg. 2, after line 18 add                                                                                                   
       (8) notice of the opportunity for the student not                                                                        
     to answer specific questions or the entire survey                                                                          
                                                                                                                                
The committee took an at-ease from 1:17 p.m. to 1:19 p.m.                                                                       
                                                                                                                                
CHAIR  RAMRAS asked  whether there  were any  objections.   There                                                               
being none, Conceptual Amendment 1 was adopted.                                                                                 
                                                                                                                                
1:20:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to  report the  proposed CS  for                                                               
HB 207, Version  25-LS0680\K, Mischel,  4/30/07, as  amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVES DAHLSTROM and LYNN objected.                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  opined that  HB 207  will be  taking parents                                                               
out  of the  loop,  and  characterized the  2005  Alaska YRBS  in                                                               
members'   packets  as   an  invasive   questionnaire  containing                                                               
inappropriate  questions.   The  questions such  surveys ask,  he                                                               
suggested, will lead  children to give consideration  to the very                                                               
behaviors they ought  to avoid such as suicide,  drug and alcohol                                                               
abuse, and sexual intercourse; children  will conclude from these                                                               
questions and  the way they  are phrased that such  behaviors are                                                               
normal.  After noting that the  first question in the 2005 Alaska                                                               
YRBS asks  whether the participating  student is 12 years  old or                                                               
younger, he  said he is  concerned about the invasion  of privacy                                                               
that such a survey constitutes  regardless of any good that might                                                               
come from  the information gleaned from  it.  He relayed  that he                                                               
would be voting "No" on the bill.                                                                                               
                                                                                                                                
REPRESENTATIVE SAMUELS  relayed that  he will  be voting  to move                                                               
the bill  from committee,  though he  is not  sure how  much he'd                                                               
believe the statistics garnered from such surveys.                                                                              
                                                                                                                                
REPRESENTATIVE  GRUENBERG  said that  he  has  concerns that  the                                                               
surveys  don't clearly  inform the  student  that he/she  doesn't                                                               
have  to answer  all  or any  of the  questions;  thus, he  would                                                               
prefer that  such surveys stipulated  that point on each  page of                                                               
the survey.  Something should also  be done, he opined, to ensure                                                               
that  the surveys  are  administered  in such  a  way that  those                                                               
students who are  not participating in the  survey aren't singled                                                               
out in front of their classmates.   For example, perhaps a parent                                                               
should be given the opportunity  to review the survey before it's                                                               
administered and,  then, if he/she objects  to certain questions,                                                               
they could be redacted from his/her child's survey.                                                                             
                                                                                                                                
REPRESENTATIVE  LYNN  questioned  whether  legislators  would  be                                                               
comfortable answering similar questions  in a survey specifically                                                               
designed for legislators.                                                                                                       
                                                                                                                                
REPRESENTATIVE DAHLSTROM maintained her objection to the motion.                                                                
                                                                                                                                
1:28:37 PM                                                                                                                    
                                                                                                                                
A roll call vote was  taken.  Representatives Gruenberg, Coghill,                                                               
Samuels,  Holmes, and  Ramras  voted in  favor  of reporting  the                                                               
proposed CS  for HB 207,  Version 25-LS0680\K,  Mischel, 4/30/07,                                                               
as  amended, out  of committee.    Representatives Dahlstrom  and                                                               
Lynn voted  against it.   Therefore,  CSHB 207(JUD)  was reported                                                               
out of the House Judiciary Standing Committee by a vote of 5-2.                                                                 
                                                                                                                                

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