03/21/2012 08:00 AM House EDUCATION

            SB 8-STUDENT QUESTIONNAIRES AND SURVEYS                                                                         
                                                                                                                                
8:35:36 AM                                                                                                                    
                                                                                                                                
CHAIR DICK  announced that  the next order  of business  would be                                                               
SENATE  BILL  NO.  8,  "An Act  relating  to  questionnaires  and                                                               
surveys administered in the public schools."                                                                                    
                                                                                                                                
[Public testimony remained open from the previous hearing.]                                                                     
                                                                                                                                
8:36:52 AM                                                                                                                    
                                                                                                                                
BRUCE  JOHNSON,  Executive  Director, Alaska  Counsel  of  School                                                               
Administrators  (ACSA), stated  support  for SB  8  and said  the                                                               
organization he  represents stands fully  behind the effort.   He                                                               
shared  a quote  [source not  known], stating,  "Feedback is  the                                                               
breakfast of  champions."   The bill  will provide  the necessary                                                               
data to design prevention programs  that will assist young people                                                               
to avoid certain risks, he opined.                                                                                              
                                                                                                                                
8:37:47 AM                                                                                                                    
                                                                                                                                
CARL  ROSE,  Executive  Director, Association  of  Alaska  School                                                               
Boards  (AASB), stated  support for  SB 8  and said  that without                                                               
data  it  is not  possible  to  know  the effect  of  implemented                                                               
programs.  Passage of SB 8  is a means to gather meaningful data,                                                               
he opined.                                                                                                                      
                                                                                                                                
8:39:22 AM                                                                                                                    
                                                                                                                                
ANDREA  THOMAS,  stated  support  for  SB  8  and  described  the                                                               
difficulties  that occur  when trying  to obtain  active parental                                                               
consent for surveys.  She said  that the system is cumbersome:  a                                                               
notice  arrives  in  the  mail alerting  parents  to  expect  the                                                               
consent  form;  the  consent  form  arrives  sometime  after  the                                                               
notice; and  finally the form is  filled out and returned  to the                                                               
school in a  timely manner.  Finally, she stressed  that the bill                                                               
does not eliminate a parent's option to decline consent.                                                                        
                                                                                                                                
8:42:26 AM                                                                                                                    
                                                                                                                                
PETE HOEPFNER,  President, Cordova School Boards,  stated support                                                               
for  SB 8  and said  that  consent forms  are often  lost in  the                                                               
process,  when they  are mailed  to homes,  which results  in low                                                               
participation on surveys and poor data collection.                                                                              
                                                                                                                                
8:43:32 AM                                                                                                                    
                                                                                                                                
DR.  CHRISTINE ERMOLD,  EdD,  Principal,  Kenai Peninsula  School                                                               
District,  Member,   Alaska  Association  of   Elementary  School                                                               
Principals, stated  support for SB  8 and said the  collection of                                                               
active consent  forms presents  an undue burden  to the  staff in                                                               
small   schools;   particularly,   when  multiple   schools   are                                                               
represented which are  not in proximity to each other.   The data                                                               
that is  collected is critical  for informing the  decisions that                                                               
impact students, she stressed, and urged passage of SB 8.                                                                       
                                                                                                                                
8:44:50 AM                                                                                                                    
                                                                                                                                
CHAIR  DICK stated  support for  SB  8 and  expressed a  personal                                                               
belief that it will be helpful for cultivating communication.                                                                   
                                                                                                                                
8:46:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  stated support for SB  8 and, referring                                                               
to the  Sponsor Statement, paraphrased  the language,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     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 surveys                                                                    
     to  educate,  allocate  resources, and  compare  trends                                                                    
     concerning  safe  behaviors.     These  include  injury                                                                    
     prevention,  tobacco  prevention and  control,  obesity                                                                    
     prevention,   diabetes,  heart   disease,  and   stroke                                                                    
     prevention,  safe  and  drug  free  schools,  substance                                                                    
     abuse prevention, violence  and suicide prevention, HIV                                                                    
     and  STD  prevention,  and connectedness  to  teachers,                                                                    
     parents and other adults.                                                                                                  
                                                                                                                                
     In  short,  SB  8  simply makes  it  easier  to  obtain                                                                    
     information on  youth risk behaviors  without violating                                                                    
     students'   or   parents'   rights  to   privacy,   nor                                                                    
     diminishing the  ability of parents to  supervise their                                                                    
     children.   At the  same time  SB 8  increases parental                                                                    
     notice with  ample opportunity, instruction,  and forms                                                                    
     to opt out.                                                                                                                
                                                                                                                                
REPRESENTATIVE P. WILSON said this  is important legislation that                                                               
will facilitate  the ability to obtain  information on individual                                                               
schools.                                                                                                                        
                                                                                                                                
8:47:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  PRUITT  voiced  concern  that  the  bill  is  not                                                               
restricted  to the  Youth Risk  Behavior Survey  (YRBS), and  may                                                               
have far reaching  affects.  Directing attention to  page 2, line                                                               
14,  he paraphrased  from the  language of  the bill,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     A student  may refuse  to answer specific  questions on                                                                
     or   participate   in   a   questionnaire   or   survey                                                                
     administered in  a public school.   A  student's parent                                                                    
     or legal  guardian may refuse  to allow the  student to                                                                    
     participate in  a specified questionnaire or  survey by                                                                
     submitting  to  the  teacher   or  school  principal  a                                                                
     written   denial  of   permission  for   the  student's                                                                
     participation.                                                                                                         
                                                                                                                                
REPRESENTATIVE  PRUITT opined  that a  principal might  decide to                                                               
design  and  administer an  independent  survey,  which could  be                                                               
accomplished without departmental oversight.                                                                                    
                                                                                                                                
8:49:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON offered that  the bill establishes specific                                                               
guidelines in the  first section.  He directed  attention to page                                                               
1, line  5, and  paraphrased language from  the bill,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     ... a public school may  not administer or permit to be                                                                    
     administered  in a  school a  questionnaire or  survey,                                                                    
     whether anonymous  or not, that inquires  into personal                                                                    
     or  private family  affairs of  the student  ... unless                                                                    
     written permission is obtained ...                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON explained  that  the language  establishes                                                               
the  blanket  requirement  for permission  to  be  obtained,  and                                                               
Section  4  exempts the  YRBS  specifically.   Section  3  allows                                                               
students  and parents  a means  to deny  consent for  any survey,                                                               
including the  YRBS.  To further  address Representative Pruitt's                                                               
concern,  he said  that  Section 1  stipulates  that without  the                                                               
written approval,  any survey is  disallowed; however,  Section 4                                                               
allows passive  consent for  the administration  of the  YRBS, as                                                               
the exception.                                                                                                                  
                                                                                                                                
8:54:20 AM                                                                                                                    
                                                                                                                                
JEAN MISCHEL,  Attorney, Legislative  Legal Counsel,  agreed with                                                               
the  interpretation offered  by Representative  Seaton, and  said                                                               
YRBS  represents  the  only  allowable  exception.    The  notice                                                               
provisions in Section 2 would apply to all surveys.                                                                             
                                                                                                                                
REPRESENTATIVE  PRUITT  asked   for  clarity,  pondering  whether                                                               
Section  3 counteracts  Section 1,  as  it does  not specify  the                                                               
YRBS.                                                                                                                           
                                                                                                                                
MS. MISCHEL  explained that Section  3 provides an  added ability                                                               
for a student  or parent, during the course of  any survey to not                                                               
answer specific questions.   She offered that  the bill structure                                                               
may  be  difficult  to  follow;  however,  the  language  remains                                                               
consistent and appropriate throughout.                                                                                          
                                                                                                                                
8:56:54 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON moved to  report SB 8 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being  no objection,  SB 8  was reported  from the                                                               
House Education Standing Committee.                                                                                             
                                                                                                                                
8:57:20 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 8:57 a.m. to 8:59 a.m.