Legislature(2011 - 2012)BELTZ 105 (TSBldg)

02/21/2011 08:00 AM Senate EDUCATION


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 9 RAISE COMP. SCHOOL ATTENDANCE AGE/TRUANCY TELECONFERENCED
Moved SB 9 Out of Committee
+= SB 83 TEACHER BOARD CERTIFICATION INCENTIVES TELECONFERENCED
Moved CSSB 83(EDC) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 8 STUDENT QUESTIONNAIRES AND SURVEYS
Heard & Held
           SB   8-STUDENT QUESTIONNAIRES AND SURVEYS                                                                        
                                                                                                                              
8:38:35 AM                                                                                                                    
CO-CHAIR THOMAS announced the consideration of SB 8.                                                                            
                                                                                                                                
8:39:02 AM                                                                                                                    
THOMAS OBERMEYER,  Staff to  Senator Bettye  Davis, sponsor  of SB
8, read the following sponsor statement:                                                                                        
                                                                                                                                
     The purpose  of this bill  is to increase  participation                                                                   
     in  the national  biennial  Youth Risk  Behavior  Survey                                                                   
     (YRBS)  in   order  to  meet  the  minimum   60  percent                                                                   
     participation  required  by   the  Centers  for  Disease                                                                   
     Control  (CDC)  for  the  survey  to  be  validated  for                                                                   
     assessment,   recording   and  reporting   of   reliable                                                                   
     results.   Alaska  has  periodically   failed  to   meet                                                                   
     minimum  participation  levels.  This  anonymous  survey                                                                   
     will  next be  administered in  Alaska School  Districts                                                                   
     in  Spring 2011  and  2013.  This survey  is  enormously                                                                   
     valuable  to all  aspects of  society  dealing with  our                                                                   
     youth.  Failure to obtain  usable information  adversely                                                                   
     affects education and funding of many services.                                                                            
                                                                                                                                
     To help  achieve this  objective this  bill will  change                                                                   
     the  parental  consent  requirement  for the  YRBS  from                                                                   
     active  to passive,  that is,  from  written to  implied                                                                   
     consent  if   the  parent   does  not  object   or  deny                                                                   
     permission  in writing  for the  student to  participate                                                                   
     in  the survey.  To alleviate  increased concerns  about                                                                   
     protecting  the  right  to  privacy  the  bill  provides                                                                   
     lengthy  and  detailed  new  notice  requirements  which                                                                   
     will be  sent to parents at  least two weeks  in advance                                                                   
     of   the  survey.   There   will  be   ample  time   and                                                                   
     opportunity  for  parents  to  review  the  survey  with                                                                   
     instructions  on  how  to opt  out.  Students  may  also                                                                   
     independently  decline  to   participate  or  to  answer                                                                   
     specific  questions  in this  completely  voluntary  and                                                                   
     anonymous  survey. Absolute  privacy  and anonymity  are                                                                   
     maintained  by  strict  administrative   procedures  and                                                                   
     return of  surveys to CDC.  Written permission  is still                                                                   
     required  to be obtained  from the  student's parent  or                                                                   
     legal guardian  for all other surveys, anonymous  or not                                                                   
     that  inquire into  personal or  private family  affairs                                                                   
     of the  student and  are not a  matter of public  record                                                                   
     or subject to public observation.                                                                                          
                                                                                                                                
     Although research  and experience suggest that  the vast                                                                   
     majority  of parents  would  consent  to their  students                                                                   
     participating  in this  survey,  failure  of parents  to                                                                   
     return written  consent forms has been found  more often                                                                   
     to  be the  result  of lack  of interest  or  attention,                                                                   
     rather  than refusal. Consequently,  results from  whole                                                                   
     schools  periodically  must   be  disregarded  when  not                                                                   
     enough parental consent forms are returned.                                                                                
                                                                                                                                
     Without  facts   and  population-based   information  on                                                                   
     youth  risk   behavior  parents,  students,   educators,                                                                   
     planners,  and  policy  makers   cannot  understand  and                                                                   
     address  the important  health  and  social issues  that                                                                   
     affect students'  happiness and  success in the  future.                                                                   
     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  survey to                                                                   
     educate,   allocate   resources,  and   compare   trends                                                                   
     concerning   safety   behaviors,    injury   prevention,                                                                   
     tobacco  prevention  and  control,  obesity  prevention,                                                                   
     diabetes, heart  disease and stroke, safe and  drug free                                                                   
     schools,  substance   abuse  prevention,   violence  and                                                                   
     suicide   prevention,    HIV,   STD   prevention,    and                                                                   
     connectedness  to teachers,  parents  and other  adults.                                                                   
     SB 8  simply makes  it easier  to obtain information  on                                                                   
     youth  risk behaviors,  while  increasing procedures  to                                                                   
     assure privacy, parental notice, and supervision.                                                                          
                                                                                                                                
MR. OBERMEYER  continued by reading  the sectional analysis  of SB
8:                                                                                                                              
                                                                                                                                
     Section  1.  Adds  an  exception   for  the  Youth  Risk                                                               
     Behavior  Survey   (YRBS)  to  the  written   permission                                                                   
     requirement for student surveys.                                                                                           
                                                                                                                                
     Section    2.   Provides    detailed   written    notice                                                               
     requirements for all student surveys, including YRBS.                                                                      
                                                                                                                                
     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.                                                                                                                
                                                                                                                                
     Section 4.  Provides an exception to  written permission                                                               
     for YRBS  and a minimum  two week notice provision  that                                                                   
     is consistent with the requirements in sec. 2.                                                                             
                                                                                                                                
MR.  OBERMEYER  said  Section  2 was  repealed  and  reenacted  to                                                              
include many more  survey notice requirements to  parents that are                                                              
not in AS 14.03.110.                                                                                                            
                                                                                                                                
Section 3  allowed students to not  only refuse to  participate in                                                              
the survey  but allowed them not  to answer specific  questions in                                                              
the survey.                                                                                                                     
                                                                                                                                
Section 4  included a provision  of two weeks' notice  for parents                                                              
to respond  and write a  denial of permission  letter to  take the                                                              
survey.                                                                                                                         
                                                                                                                                
8:45:16 AM                                                                                                                    
SENATOR STEVENS asked  what funding or services  would be affected                                                              
if students do not take these surveys.                                                                                          
                                                                                                                                
MR. OBERMEYER  answered that, to  his understanding,  for agencies                                                              
that  deal with  youth part  of  the funding  comes from  engaging                                                              
youth successfully,  which is  often in  response to the  findings                                                              
of this  survey. These  agencies help  children avoid  problems or                                                              
assist those that are already engaged in problems now.                                                                          
                                                                                                                                
CO-CHAIR  MEYER  said this  is  not  a new  issue  and  is a  very                                                              
sensitive  topic to  many parents.  He asked  him to describe  how                                                              
the survey process currently works.                                                                                             
                                                                                                                                
MR.  OBERMEYER  replied  that  there  are  probably  five  or  six                                                              
questions on  the survey that could  be construed as  offensive or                                                              
very  personnel,  typically  pertaining  to  sexual  activity.  He                                                              
explained that this  bill is not trying to hide any  aspect of the                                                              
survey  itself. Currently,  in  order to  address  this issue  the                                                              
bill  states that  a  student may  choose  whether  they answer  a                                                              
question  or  take the  survey.  He  reminded the  committee  that                                                              
parents  can still  write a  denial  of permission  to the  school                                                              
that will not allow their child to participate.                                                                                 
                                                                                                                                
He explained  that, in  his understanding,  throughout the  United                                                              
States  the  comparisons  of the  survey  answers  are  enormously                                                              
useful.  He said  that not  all school  districts are  necessarily                                                              
involved and  only a 60 percent  participation rate  is necessary.                                                              
The Centers  for Disease Control  (CDC) will throw out  the survey                                                              
information from Alaska  if it does not get a  60 percent feedback                                                              
rate.  This  means  that  Alaska would  not  have  any  background                                                              
information  for  two  years, until  the  survey  is  administered                                                              
again.  He said  to remedy  the problem  of notice  to parents  in                                                              
regards to this  survey, section 2, on page 1 and  2, includes the                                                              
following:                                                                                                                      
                                                                                                                                
       (1) the date the questionnaire or survey is to be                                                                        
     administered;                                                                                                              
     (2) a description of the content of the questionnaire                                                                      
     or survey;                                                                                                                 
     (3) the sponsor of the questionnaire or survey;                                                                            
      (4) the name of a person at the school district who                                                                       
     may be contacted regarding the survey;                                                                                     
          (5) notice of the opportunity to review the                                                                           
     questionnaire or survey;                                                                                                   
          (6) a description of the manner in which the                                                                          
      questionnaire or survey will be administered to the                                                                       
     student;                                                                                                                   
     (7) instructions  for submitting  written permission  or                                                                   
     denial of  permission to participate in  a questionnaire                                                                   
     or   survey,   including  an   anonymous   or   specific                                                                   
     questionnaire or survey;                                                                                                   
        (8) notice of the opportunity for the student to                                                                        
     refuse to answer specific questions…                                                                                       
                                                                                                                                
He explained  that the bill  is trying to  make things as  easy as                                                              
possible so the  survey can be successful. If the  bill fails, the                                                              
school districts  will continue making  every effort, as  has been                                                              
done in the  past, to get  parents to return the  permission form.                                                              
He reiterated that  Alaska has periodically failed to  make the 60                                                              
percent participation requirement.                                                                                              
                                                                                                                                
8:53:35 AM                                                                                                                    
CO-CHAIR MEYER  said that this  tells him that the  administration                                                              
and  the school  districts  have not  done  a good  job to  inform                                                              
parents or  parents do  not want  their children participating  in                                                              
the survey. He asked  if it would be easier for  parents to simply                                                              
check a box  that allows their  child to participate in  a survey,                                                              
rather than obligating parents to write a denial of permission.                                                                 
                                                                                                                                
MR.  OBERMEYER  replied  that  the   issue  with  this  is  school                                                              
districts  issue more  than just  the YRBS  survey throughout  the                                                              
year. Right  now, if the parents  do not object to a  survey being                                                              
given  to their child,  the law  states that  any personal  survey                                                              
given to  a student must include  written permission. In  the case                                                              
of SB 8 only  the YRBS would be administered to  students unless a                                                              
parent  has written  a denial  of permission  letter. He  reminded                                                              
the  committee  that  school  districts   are  obligated  to  give                                                              
parents  a two week  notice that  this particular  survey  will be                                                              
administered  and can give  written denial of  consent if  they do                                                              
not want their child to participate.                                                                                            
                                                                                                                                
He said that it  is a great burden and expense  for schools to get                                                              
participation  in this  survey. He  said that,  to his  knowledge,                                                              
many parents would  not prevent their child from  participating in                                                              
the  survey,  but they  may  have  lost  or  been unaware  of  the                                                              
required permission slip they needed to sign.                                                                                   
                                                                                                                                
8:56:44 AM                                                                                                                    
CO-CHAIR THOMAS announced he would hold SB 8 in committee.                                                                      

Document Name Date/Time Subjects
nbpts docs.docx SEDC 2/21/2011 8:00:00 AM
SB083-EED-TLS-2-11-11.pdf SEDC 2/21/2011 8:00:00 AM
SB 83
Ed Commission of the States.pdf SEDC 2/21/2011 8:00:00 AM
SB 9 Docs-Bldg Grad Nation 11-2011.pdf SEDC 2/21/2011 8:00:00 AM
SB 9
SB 9 Docs-NCSL email summary 2-15-2011.pdf SEDC 2/21/2011 8:00:00 AM
SB 9
SB 9 Docs-NCSL TaskForce-Path Grad 1-2011.pdf SEDC 2/21/2011 8:00:00 AM
SB 9
Sectional Analysis SB 9.pdf SEDC 2/21/2011 8:00:00 AM
SB 9
Supporting Documents.pdf SEDC 2/21/2011 8:00:00 AM