Legislature(2009 - 2010)BELTZ 211

03/11/2009 08:00 AM Senate EDUCATION


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08:02:44 AM Start
08:02:47 AM SB101
08:21:39 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 101 STUDENT QUESTIONNAIRES AND SURVEYS TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE EDUCATION STANDING COMMITTEE                                                                             
                         March 11, 2009                                                                                         
                           8:02 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Bettye Davis, Vice Chair                                                                                                
Senator Charlie Huggins                                                                                                         
Senator Gary Stevens                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Donald Olson                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 101                                                                                                             
"An Act relating to questionnaires and surveys administered in                                                                  
the public schools."                                                                                                            
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 101                                                                                                                  
SHORT TITLE: STUDENT QUESTIONNAIRES AND SURVEYS                                                                                 
SPONSOR(s): SENATOR(s) DAVIS                                                                                                    
                                                                                                                                
02/06/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/06/09       (S)       EDC, HSS                                                                                               
03/11/09       (S)       EDC AT 8:00 AM BELTZ 211                                                                               
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TOM OBERMEYER, aid                                                                                                              
Senator Davis                                                                                                                   
Alaska State Legislature                                                                                                        
Juneau, AK                                                                                                                      
POSITION STATEMENT: Read the sponsor statement.                                                                               
                                                                                                                                
STEVE WARREN                                                                                                                    
representing himself                                                                                                            
Sitka, AK                                                                                                                       
POSITION STATEMENT: Supported SB 101.                                                                                         
                                                                                                                                
LAURA MULLER, Volunteer                                                                                                         
American Cancer Society                                                                                                         
Anchorage, AK                                                                                                                   
POSITION STATEMENT: Supported SB 101.                                                                                         
                                                                                                                                
EDDY JEANS, Director of School Finance                                                                                          
Department of Education and Early Development (DEED)                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Supported SB 101.                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:02:44 AM                                                                                                                    
VICE-CHAIR BETTYE DAVIS called the Senate Education Standing                                                                  
Committee meeting to order at 8:02 a.m. Present at the call to                                                                  
order were Senators Huggins, Stevens and Davis.                                                                               
                                                                                                                                
           SB 101-STUDENT QUESTIONNAIRES AND SURVEYS                                                                        
                                                                                                                                
8:02:47 AM                                                                                                                    
VICE-CHAIR DAVIS announced consideration of SB 101.                                                                             
                                                                                                                                
TOM OBERMEYER, aid to Senator Davis, read the sponsor statement.                                                                
                                                                                                                                
     SB 101  is an Act relating to  questionnaires and surveys                                                                
     administered in the public schools.                                                                                      
                                                                                                                                
     SB  101 will  provide for more  student participation in                                                                 
     school questionnaires and surveys administered or required                                                                 
     by  the Alaska  school districts  and the  Department of                                                                   
     Education and Early Development (DEED), while at the same                                                                  
     time  constitutionally protecting the privacy  rights of                                                                   
     parents and students and also complying with the federal                                                                   
     Protection Of  Pupil Rights  Amendment (PPRA)  under the                                                                   
     U.S.C. Section 1322, Title 20.                                                                                             
                                                                                                                                
     With the  exception of the anonymous Youth Risk Behavior                                                                 
     Survey (YRBS) noted in the new subsection (g) of this bill                                                               
     Title 14.03.110, which  has been  administered biannually                                                                  
     since 1991 by the United States Centers for Disease Control                                                                
     and Prevention, SB101 provides that the school district may                                                                
     not administer a survey, anonymous or not, that inquires                                                                   
     into personal or private family matters of a student not a                                                                 
     matter of public record or  subject to observation unless                                                                  
     written permission is  first obtained from the  student's                                                                  
     parent  or  legal   guardian. SB   101  provides  in  AS                                                                   
     14.03.110(e) that a student may  still "refuse to answer                                                                   
     specific questions" or to participate in the survey.                                                                       
                                                                                                                                
     SB 101  changes subsection  AS 14.03.110(e) by  requiring                                                                
     that  the  parents who  do  not want  their  children to                                                                   
     participate must  "opt  out," or  "actively  dissent" to                                                                   
     participation with written denial of permission submitted                                                                  
     to the  teacher or principal. SB 101  effectively changes                                                                  
     parental consent  for anonymous  surveys from  active to                                                                   
     passive,  that   is,  implied  consent  without  written                                                                   
     objection. However, notice is still required and permission                                                                
     for  anonymous surveys  can be  obtained  by  the school                                                                   
     districts  annually under  the  unchanged  provisions of                                                                   
     Section (b).                                                                                                               
                                                                                                                                
Sections (b) and (c) relate to the two week requirement and                                                                     
annual parental consent.                                                                                                        
                                                                                                                                
     The two week notice requirement under AS 14.03.110(b),(c)                                                                
     remain unchanged, but revised subsection (d) under SB 101                                                                
     requires  more information in  the  notice  than current                                                                   
     provisions in recognition of the need for more attention to                                                                
     constitutional due process in matters of student privacy.                                                                  
     Changes require  more information  about the  nature and                                                                   
     content of the survey, the dates, sponsor, school districts                                                                
     and opportunity to refuse participation in a questionnaire                                                                 
     or survey.                                                                                                                 
                                                                                                                                
8:06:22 AM                                                                                                                    
     Changes under SB 101 comport with the original legislative                                                               
     intent of the school survey statute before it was changed                                                                
     in  1999.  The  current statute,  which  requires active                                                                 
     parental consent for  youth to  participate in  anonymous                                                                  
     school surveys, requires that parents must acknowledge both                                                                
     permission and denial  in writing. SB  101 requires that                                                                   
     parents  only deny  permission in  writing  to  anonymous                                                                  
     surveys. Surveys which are not anonymous or that delve into                                                                
     personal  or  private  matters  still  require  parental                                                                   
     [written]  consent   for  permission  for   students  to                                                                   
     participate,  with  the  exception  of  AS   14.03.110(g)                                                                  
     regarding the Youth at Risk Behavior Survey noted above.                                                                   
     These are the statutory reasons for the change:                                                                            
                                                                                                                                
                                                                                                                                
     It has been found that active parental consent over burdens                                                              
     the public school system and drastically increases the cost                                                              
     and  labor  involved in  the  student surveys.  Moreover,                                                                  
     "active" consent greatly reduces overall participation by                                                                  
     students because many parents simply  are non-responsive.                                                                  
     While studies have found the vast majority of parents would                                                                
     consent to students participating in school surveys, non-                                                                  
     response is more often due to apathy, oversight and student                                                                
     omission  or error  rather  than parental  consent. Many                                                                   
     districts are unable to use the data they collect because                                                                  
     there  are   not  enough  participants  for   statistical                                                                  
     validation. Some surveys, such as the Youth Risk Behavior                                                                  
     Survey, cannot  be validated with  less than  60 percent                                                                   
     participation, as occurred  in Alaska  in 2005.  Lack of                                                                   
     participation may also reduce federal funding.                                                                             
                                                                                                                                
     School surveys provide reliable and valuable measures of                                                                 
     population-based information on youth, which help policy-                                                                
     makers, educators, program planners and parents to better                                                                  
     understand health and social issues that affect students'                                                                  
     prospects for program success. Standardized surveys such as                                                                
     the Youth Risk Behavior Survey track trends over time and                                                                  
     help guide  and evaluate important health and  prevention                                                                  
     programs. State and federal grant programs which 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.                                                                       
                                                                                                                                
8:08:40 AM                                                                                                                    
Finally,  he noted  that they  have position  statements from  the                                                              
Association of Alaska School Boards in support of this bill.                                                                    
                                                                                                                                
8:09:02 AM                                                                                                                    
CHAIR DAVIS opened the floor to public testimony.                                                                               
                                                                                                                                
8:09:20 AM                                                                                                                    
STEVE  WARREN,  representing  himself,  Sitka,  AK,  testified  in                                                              
favor  of  SB  101.  He  has  been  involved  in  substance  abuse                                                              
treatment  in Sitka  and has found  that the  suppositions  of the                                                              
adults in  a community  frequently do not  coincide with  what the                                                              
results  of  the YRBS  reveal.  Without  those results,  they  are                                                              
often  aiming their  resources at  problems that  don't exist  and                                                              
missing  the  real   problems  entirely.  He  feels   it  is  very                                                              
important to ask  these questions in a non-threatening  way so the                                                              
state will have  a really good idea of where to  spend its limited                                                              
dollars.                                                                                                                        
                                                                                                                                
8:10:49 AM                                                                                                                    
LAURA MULLER, Volunteer,  American Cancer Society,  Anchorage, AK,                                                              
works  with  youth  groups  in  programming  and  these  anonymous                                                              
surveys  tell them  what  kind of  job they  are  doing. They  get                                                              
funding from donors  and the state and need to know  that they are                                                              
spending  those  funds as  effectively  as  possible in  the  best                                                              
interests of the  kids. The YRBS is a national survey  and that is                                                              
the  information  the  federal  government  is  looking  for  when                                                              
organizations compete  for CDC and  other grants. She  pointed out                                                              
that  she could  find  only three  other  states  that use  active                                                              
consent  for  the  YRBS.  Even   the  Catholic  schools  that  her                                                              
children  attended  used  passive consent;  they  understood  that                                                              
involved parents  would be paying  attention and would opt  out if                                                              
they chose to do so.                                                                                                            
                                                                                                                                
MS. MULLER  closed by saying this  data is so important  that they                                                              
have to  have it. The  survey is given  in public schools  because                                                              
that   is  where   the   kids  are;   they   are   not  silly   or                                                              
unsophisticated  and if  the state  really wants  to see to  kids'                                                              
needs, they have to get at that information.                                                                                    
                                                                                                                                
8:13:14 AM                                                                                                                    
SENATOR HUGGINS asked what three states use passive consent.                                                                    
                                                                                                                                
MS. MULLER answered Utah, Nevada and North Dakota.                                                                              
                                                                                                                                
8:13:58 AM                                                                                                                    
VICE-CHAIR  DAVIS  closed  public  testimony. She  said  the  only                                                              
changes that have  been made to this bill involve  consent for the                                                              
Youth Risk  Behavior Survey and were  made because it has  been so                                                              
difficult to get enough participation.                                                                                          
                                                                                                                                
8:14:47 AM                                                                                                                    
SENATOR  HUGGINS referred  to section  3(e)  on page  2, where  it                                                              
says "A  student may  refuse to  answer specific  questions  on or                                                            
participate  in  a  questionnaire  or  survey  administered  in  a                                                              
public school."  He said  it sounds  to him  like the student  can                                                              
either not  answer a  question, or  refuse to  take the  survey at                                                              
the time it is  given regardless of parental consent.  He asked if                                                              
his interpretation is correct.                                                                                                  
                                                                                                                                
8:15:36 AM                                                                                                                    
MR. OBERMEYER  said he believes  Senator Huggins's  interpretation                                                              
is  correct. The  previous language  said students  may refuse  to                                                              
participate in  a questionnaire  or survey; now  it says  they can                                                              
refuse  to answer  specific questions  or  refuse to  participate.                                                              
This allows  them to participate  in a  survey they may  have some                                                              
doubts about  and decline to  answer specific questions  that make                                                              
them  uncomfortable.  It  would  imply  that they  can  refuse  to                                                              
answer  questions   or  participate   in  any  survey,   which  is                                                              
independent  of  the parental  guidelines.  Finally,  in the  same                                                              
subsection,  the   bill  requires   that  a  written   denial  [of                                                              
permission]  by   the  students'  parent  or  legal   guardian  be                                                              
submitted to the principal or the teacher.                                                                                      
                                                                                                                                
8:17:00 AM                                                                                                                    
SENATOR HUGGINS asked  Mr. Obermeyer to clarify  whether a student                                                              
who decides  not to  answer questions or  participate in  a survey                                                              
for which  the parent has granted  consent would have to  submit a                                                              
denial in writing.                                                                                                              
                                                                                                                                
MR. OBERMEYER  said it is  specific to  the parent or  guardian; a                                                              
student  may refuse  to answer  questions  or participate  without                                                              
any written notice.                                                                                                             
                                                                                                                                
8:17:53 AM                                                                                                                    
SENATOR HUGGINS  said he would like  to see some data  from school                                                              
districts  on how prevalent  the  challenge is  to get parents  to                                                              
respond.                                                                                                                        
                                                                                                                                
VICE-CHAIR  DAVIS asked  if he  is referring  specifically to  the                                                              
YRBS.                                                                                                                           
                                                                                                                                
SENATOR  HUGGINS said  he means  anything  that requires  parental                                                              
consent, but  particularly the  Youth Risk  Survey. He  would like                                                              
to see  statistics from  several school districts  as to  how many                                                              
students actually participate.                                                                                                  
                                                                                                                                
VICE-CHAIR  DAVIS said  that should  be  easy to  get. She  called                                                              
Eddy Jeans to testify.                                                                                                          
                                                                                                                                
8:19:28 AM                                                                                                                    
EDDY JEANS,  Director of School  Finance, Department  of Education                                                              
and Early  Development (DEED), Juneau,  AK, said he does  not have                                                              
those statistics with  him but can get them to  the committee this                                                              
afternoon.  He also  stated that  the  department is  in favor  of                                                              
moving to passive permission for these surveys.                                                                                 
                                                                                                                                
SENATOR  HUGGINS  said his  interest  in the  data  is  so he  can                                                              
answer questions regarding this bill with factual information.                                                                  
                                                                                                                                
8:20:24 AM                                                                                                                    
SENATOR STEVENS  asked how we  are protecting students'  rights to                                                              
privacy.                                                                                                                        
                                                                                                                                
8:20:48 AM                                                                                                                    
MR. JEANS said he  can't give a detailed answer.  He does know the                                                              
surveys are confidential  but he will get more detail  on this for                                                              
Senator Stevens  this afternoon. He  added that the  department is                                                              
supportive of returning  to passive permission for  the Youth Risk                                                              
Behavior Survey.                                                                                                                
                                                                                                                                
CHAIR DAVIS closed public testimony and held SB 101 in                                                                          
committee.                                                                                                                      
8:21:39 AM                                                                                                                    
There being no further business to come before the committee,                                                                   
Vice-Chair Davis adjourned the meeting at 8:21 a.m.                                                                             

Document Name Date/Time Subjects
SB 101 Current Statute.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB 101 lttr of support.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB 101 Sponsor Statement.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB 101 Sectional Analysis.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB101-EED-ESS-3-06-09.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB 101 Supporting Documents.pdf SEDC 3/11/2009 8:00:00 AM
SB 101
SB 101 Parental Notification and Form.pdf SEDC 3/11/2009 8:00:00 AM
SB 101