03/16/2011 01:30 PM Senate HEALTH & SOCIAL SERVICES

           SB   8-STUDENT QUESTIONNAIRES AND SURVEYS                                                                        
                                                                                                                                
2:10:59 PM                                                                                                                    
CHAIR DAVIS announced  the next order of business would  be SB 8,                                                               
an act  related to student questionnaires  and surveys, sponsored                                                               
by Senator Davis.                                                                                                               
                                                                                                                                
THOMAS OBERMEYER,  Staff to Senator  Davis, said  SB 8 is  an act                                                               
relating to  student questionnaires  and surveys. The  purpose is                                                               
to  increase participation  in the  national biennial  Youth Risk                                                               
Behavior  Survey  (YRBS) in  order  to  meet 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.   The  YRBS   will  next   be                                                               
administered  in the  spring of  2011  and 2013.  This survey  is                                                               
valuable to all aspects of society dealing with youth.                                                                          
                                                                                                                                
SB  8  would  change  the parental  permission  requirement  from                                                               
active  to  passive. There  is  ample  time and  opportunity  for                                                               
parents  to review  the survey.  Students may  also independently                                                               
decline to participate. There is  absolute privacy and anonymity.                                                               
Failure to return  parental consent forms is more often  due to a                                                               
lack  of interest  or  attention by  parents.  Schools and  other                                                               
organizations need the facts  and population-based information on                                                               
student  behavior.  The YRSB  helps  guide  important health  and                                                               
prevention  programs;  the  survey  makes  it  easier  to  obtain                                                               
information on youth risk behaviors.                                                                                            
                                                                                                                                
2:15:39 PM                                                                                                                    
WARD  HURLBURT,  Director,  Division   of  Public  Health,  Chief                                                               
Medical Officer,  Department of Health and  Social Services, said                                                               
the  governor   has  concerns  about   the  bill.  He   said  the                                                               
administration  understands  the  importance of  the  information                                                               
obtained, but  Governor Parnell has  always supported  the opt-in                                                               
provision of current Alaska law. He  said the governor has a deep                                                               
commitment  to strong  Alaskan families,  and  believes that  the                                                               
current law  fosters engagement of parents  with their children's                                                               
lives.                                                                                                                          
                                                                                                                                
2:17:50 PM                                                                                                                    
EMILY  NENON,  Alaska  Government  Relations  Director,  American                                                               
Cancer  Society  Cancer Action  Network,  said  they support  the                                                               
bill.  She  has  followed  the   issue  for  several  years.  She                                                               
researched the 1998 Alaska statute  on this issue and the changes                                                               
made in the 1999 statute. This  bill does not take Alaska back to                                                               
where we  were before the  law was changed.  In 1999 the  law was                                                               
strengthened to protect the privacy  of students and families. SB
 keeps those  protections in place. Allowing parents  to opt out                                                               
rather than actively opt in makes the survey more workable.                                                                     
                                                                                                                                
2:20:11 PM                                                                                                                    
PETER  HOEPFNER, School  Board President,  Cordova, testified  in                                                               
support  of SB  8  and  said that  students  are  able to  answer                                                               
honestly. This anonymous and private survey  is a good way to see                                                               
what is  going on.  The schools use  the information  obtained to                                                               
try to identify issues and  use preventive education. This survey                                                               
needs  to change  to  passive consent.  Kids  don't always  bring                                                               
permission slips home, and the  form doesn't always get turned in                                                               
on time.  This survey provides  an excellent  way to see  what is                                                               
going on.                                                                                                                       
                                                                                                                                
2:21:49 PM                                                                                                                    
RYAN KAUFMAN,  Sitka, testified in  support of  SB 8. He  said he                                                               
had  experience  as an  administrator  for  YRBS. He  stated  the                                                               
majority  of parents  approve of  students  participating in  the                                                               
survey. The  existing opt-out  law is  adequate for  the minority                                                               
who  would  deny permission.  The  response  rate for  permission                                                               
forms  is very  low and  this is  a major  barrier to  collecting                                                               
accurate  data.  Schools need  quality  data  to provide  quality                                                               
services.  The YRBS  also serves  as a  test for  those providing                                                               
services to  reduce risk  behaviors; it is  a powerful  source of                                                               
data.  Confidentiality  is of  major  importance  to parents  and                                                               
students. This  comes down to  the goal of providing  the highest                                                               
quality services.  We need  accurate data;  the ultimate  goal is                                                               
healthy and successful youth.                                                                                                   
                                                                                                                                
2:25:11 PM                                                                                                                    
BRUCE  JOHNSON,  Executive  Director, Alaska  Council  of  School                                                               
Administrators, said  the council supports  SB 8. The YRBS  is an                                                               
important  piece  of   data  for  school  districts   to  use  in                                                               
developing  and modifying  programs.  The  more information  they                                                               
have, the more likely they can prevent risky behaviors.                                                                         
                                                                                                                                
2:26:29 PM                                                                                                                    
CHRISTINA VAN CLEEVE, Alaska School  Nurses Association, a school                                                               
nurse in  the state for 20  years, testified in support  of SB 8.                                                               
She  said passive  consent works.  Motivated parents  who do  not                                                               
want  the survey  will let  the  school know.  Schools are  being                                                               
asked  to  do more  with  less  money,  and this  information  is                                                               
crucial to applying for grants.  She noted the YRBS also measures                                                               
healthy behaviors.                                                                                                              
                                                                                                                                
2:28:17 PM                                                                                                                    
CHAIR DAVIS  closed public testimony  on SB  8. She said  that in                                                               
the   Education   committee,   an   Anchorage   School   District                                                               
representative  gave a  run-down on  the  survey and  how it  was                                                               
administered. She noted  the student can also opt  out of survey,                                                               
as late  as the day of  the test. This survey  provides important                                                               
information. The opt out provision  has worked in previous years;                                                               
SB 8 is not an anti-family bill, it is actually pro-family.                                                                     
                                                                                                                                
2:30:08 PM                                                                                                                    
SENATOR DYSON  said this is  a very significant  policy decision.                                                               
The issue is whether to be  guided by pragmatism or by the ideals                                                               
of parental control  and rights to privacy. He  believes the only                                                               
school district that has had  problems with getting a good sample                                                               
is  Anchorage. Others  did  not have  difficulty.  He noted  that                                                               
schools require permission  for 19 different things,  and have no                                                               
trouble  getting active  parental consent  for things  like field                                                               
trips  and  sports.  He  also  opined that  a  major  reason  for                                                               
introduction of SB 8 is  grant money. Grants require an objective                                                               
standard  for   showing  a  program  is   successful  and  making                                                               
progress. Money is the major motivation.                                                                                        
                                                                                                                                
Federal law  says that  all surveys  must have  parental consent.                                                               
This  doesn't  exclude  anonymous  surveys.  United  States  Code                                                               
1232(h)  says  "No student  shall  be  required  as part  of  any                                                               
application  program   to  submit  to  a   survey,  analysis,  or                                                               
evaluation . . ." without parental  consent. If we change this to                                                               
passive consent there  will definitely be a  court challenge. The                                                               
major  reason that  parents resist  this survey  is they  want to                                                               
protect the innocence of their children.                                                                                        
                                                                                                                                
2:35:38 PM                                                                                                                    
Schools are  good at  getting permission  for other  things. This                                                               
one is  not unique.  "Do we  make it  easier to  violate parents'                                                               
control  over what  their children  are exposed  to, or  not? The                                                               
choice is  to support  parents' rights or  be pragmatic  and pull                                                               
down money."                                                                                                                    
                                                                                                                                
2:36:40 PM                                                                                                                    
CHAIR  DAVIS  said  she would  have  appreciated  having  Senator                                                               
Dyson's comments  before the  meeting. She  noted this  bill does                                                               
not  preclude  parents from  deciding  if  their children  should                                                               
participate. They  can still  make their  wishes known.  Even the                                                               
child can refuse  to take the test. "How can  this be anti-family                                                               
or anti-parental  control?" The state needs  this information not                                                               
just  for money;  it  also needs  the data  in  order to  provide                                                               
services  that  families  and children  need.  This  is  valuable                                                               
information. The information  is not shared; it  goes directly to                                                               
Atlanta, where the  surveys are scored and returned. SB  8 is not                                                               
just about money.                                                                                                               
                                                                                                                                
2:39:34 PM                                                                                                                    
SENATOR EGAN moved to report  SB 8 from committee with individual                                                               
recommendations and attached fiscal notes.                                                                                      
                                                                                                                                
SENATOR DYSON objected.                                                                                                         
                                                                                                                                
A roll  call vote  was taken.  The motion to  move the  bill from                                                               
committee passed 3:1  with Senators Egan, Meyer  and Davis voting                                                               
yea and Senator Dyson voting nay.  Therefore, SB 8 moved from the                                                               
Senate Health and Social Services Standing Committee.