Legislature(2001 - 2002)
03/26/2002 03:03 PM House HES
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 408-STUDENT QUESTIONNAIRES AND SURVEYS CHAIR DYSON announced the next order of business, HOUSE BILL NO. 408, "An Act relating to questionnaires and surveys administered in the public schools." Number 0799 REPRESENTATIVE CON BUNDE, Alaska State Legislature, presented HB 408 on behalf of the House Special Committee on Education, sponsor, which he chairs. He informed members that a couple of years ago the legislature changed how surveys - particularly those about youth risk behavior - require permission from parents. In the past there was a "passive permission" process, but now a statement must be sent to the student's home, signed by the parents, and returned. However, school districts have found the current requirement expensive and time-consuming but not very productive because so few permission slips are returned. Therefore, HB 408 changes the requirement to allow school districts to administer anonymous questionnaires and surveys, like the Youth Risk Behavior Survey (YRBS), based on "passive consent" by parents. REPRESENTATIVE BUNDE noted that to be statistically sound, surveys require about a 60-percent return rate. In 1995 and 1999, when passive consent was required, the percentage of return was "in the mid-60s." In response to questions from members, he clarified that by "return rates" he meant the response rate; that he was speaking about the number of students taking the survey, "allowing for those that actively opted out"; and that a mid-60s percentage of return is good. REPRESENTATIVE BUNDE reported that when active permission became required, by contrast, the return rate dropped to less than 30 percent, not enough of a return to be statistically significant. Consequently, schools districts and social services programs that focus on preventing youth risk behaviors have been unable to justify their federal grants or effectively evaluate programs in place; the latter is his greater area of concern, he noted. Chair Bunde pointed out that this situation puts youths, "at least those that would listen to counseling and advice from schools," at risk, and puts the availability of grants at risk as well. Number 0590 REPRESENTATIVE STEVENS moved to adopt the proposed committee substitute (CS), version 22-LS1458\C, Ford, 3/21/02, as a work draft. There being no objection, Version C was before the committee. Number 0560 REPRESENTATIVE BUNDE explained that Version C is a technical change. The original version neglected to include a phrase in the current statute: "that inquires into personal or private family affairs of the student not a matter of public record or subject to public observation". REPRESENTATIVE BUNDE pointed out that these surveys are voluntary. The bill still protects the rights of parents and students to refuse to participate in surveys they find troublesome. Districts still would be required to give parents two weeks' notice of the survey; provide a copy of the survey; and tell them how it would be administered, how the results would be used, who would have access to the information, and how to refuse permission for their children to take part. Number 0499 REPRESENTATIVE BUNDE noted that this bill, which was requested by the administration, was generated by the House Special Committee on Education after discussion with various entities. Those in support include the Association of [Alaska] School Boards, the Anchorage School District and Anchorage School Board, the Safe and Drug Free Schools organization, the Southeast Alaska Regional Health Consortium, Alaskans for Tobacco-Free Kids, the [Alaska] Heart Association, the National Council on Alcoholism and Drug Dependence, the Southeast Regional Resource Center, and "many social services providers who would be impacted by the ability to work with these students and provide their services." He said people from both the "educational arena" and the administration were available to testify and answer questions. Number 0382 LISA TORKELSON testified via teleconference, noting that she is a parent of two children and a "contributor to the big money pot in the sky." She recalled that three years ago, HB 70 passed with only three "nay" votes between the House and Senate and was signed into law by the governor. Now, she said, HB 408 "rips the heart out of HB 70 under the guise of minor cosmetic surgery." Whereas parents were specifically added to the process previously - upon the request of parents - HB 408 "carves them out." While it appears to change little from the original legislation, she asserted, what remains doesn't include parents. MS. TORKELSON referred to the schools' position that this legislation is needed to do the Youth Risk Behavior Survey and obtain federal grant money. She said HB 70 didn't end survey collection and that nothing in current law prohibits school districts from getting information they want. Ms. Torkelson told members: All we ask is that they notify parents of their intentions. Permission is only required for inquiries into personal and family affairs, and to promote efficiency. Blanket permission was allowed at the beginning of each school year, as was suggested during the registration process, when parents and students are already signing other paperwork. MS. TORKELSON recalled that the Department of Education put in a zero fiscal note to HB 70 in 1999. She suggested if school districts believe there is a huge cost burden, they should discuss it with the department [now the Department of Education and Early Development]. She said the goal was to include parents in the loop, but not make the process onerous and cumbersome for schools. Under HB 408, she said, there no longer would be a checks-and-balances system. She pointed out that it isn't limited to the YRBS, but can include a survey or questionnaire on any subject. Number 0150 MS. TORKELSON referred to page 1, lines 6-7 and line 11 [of HB 408, Version C]. She said as long as anonymity is maintained, the district's inquiring about students, their families, or any other subject would be totally permissible; current law at least requires notification for every other type of nonpersonal survey. "This keeps parents in the loop, but provides more of a 'heads up' and requires an active role," she said. Despite having read HB 408 numerous times, she said it isn't clear to her whether notification is required for anonymous surveys, but added, "If Representative Bunde says that they are, perhaps it is." MS. TORKELSON told members that HB 70 had narrowly defined "questionnaire or survey", but that the definition no longer exists in HB 408. She referred to Representative Bunde's comment that because schools are finding it difficult to get parents' permission, the onus should be removed from parents. She pointed out that perhaps parents don't want their kids surveyed. MS. TORKELSON said parents are the best judges of what their children should be exposed to, and when. "Long ago, it was decided that children below the age of majority were going to be under their parents' jurisdiction," she noted. "This is still true today, no matter how noble the cause, when ... schools want to ask personal and probing questions. Parents still have a right to respond with their child's best interest in mind." MS. TORKELSON concluded by saying HB 70 was all about protecting parents, whereas HB 408 is all about protecting funding for bureaucracies. She requested that members support parents' rights and vote "do not pass" on HB 408. She asked Chair Dyson how he planned to respond to HB 408. TAPE 02-25, SIDE A Number 0001 CHAIR DYSON answered that he would be voting "no." REPRESENTATIVE CISSNA asked if the anonymity of these surveys factors into Ms. Torkelson's concern. MS. TORKELSON replied, "Not really." She indicated the committee packet should include an article relating to teachers in Oregon who were "snooping" - the teachers were premarking anonymous surveys and thus the opportunity to find out about [a student's activities] was great. Ms. Torkelson pointed out that teachers aren't trained to ensure anonymity when conducting surveys. She said as a parent, she feels leery about having surveys administered without her knowledge, just because [anonymity can't be ensured]. Number 0172 REPRESENTATIVE CISSNA related her belief that state government in Alaska is increasingly concerned with the quality of what the public sector does for the private sector; accountability regarding services means that questions have to be asked. As a parent, Representative Cissna acknowledged Ms. Torkelson's concern, but asked regarding services, "How do we get there?" MS. TORKELSON answered, "Just include parents in the process; that's all we're asking." She emphasized that [if legislators] are interested in what parents want schools to provide, they should ask the parents. These surveys ask fairly personal questions; furthermore, there is no guarantee that survey results are accurate. She concluded by saying more accurate information would be obtained if parents were included. Number 0425 CAROL COMEAU, Superintendent, Anchorage School District, testified via teleconference in support of [Version C], saying it allows for surveys [the district] feels are necessary. She pointed out that [the district] has used the previously passed legislation in contacting parents for consent for surveys; thousands of dollars have been spent in postage and hiring extra people to phone parents and ask them to return the permission slips, even though the information is included in the registration packets at the beginning of the school year. However, many high school students don't bring their parents to school with them for registration, especially juniors and seniors who are able to drive. MS. COMEAU reported no success in receiving [parental consent] via mail, either. She conveyed belief that giving two weeks' notice to parents of the intention to conduct a survey, and following the criteria in Version C, would allow the district to provide for adequate parental permission. Thus those who want to opt out could do so, and arrangements could be made for those students during the survey. Ms. Comeau further said: We believe this would address a major concern for Anchorage. We have lost ... a substantial number of grants that we believe are very critical to providing some of the educational programs that our students need. And we do want to be able to do pre- and post- assessments to see what the impact of some of our instructional programs are in the Safe and Drug Free Schools area, particularly in the anti-bullying things we're trying to work through with the police department and other agencies. So, we would very much support this change in this proposed legislation. CHAIR DYSON asked if a parent's signature is required on some document when a child enrolls. MS. COMEAU replied yes. For newly enrolled students, a packet includes permission slips; however, those aren't the students from whom the [district] has trouble obtaining permission slips. A [permission slip] must be obtained annually; thus the problem lies with continuing students who merely pick up registration materials and pay fees without the presence of a parent. Number 0641 REPRESENTATIVE STEVENS asked what specific grants [the Anchorage School District] has lost or may lose as a result of inadequate information. MS. COMEAU specified that [the district] didn't gain the Highway Safety Grant this year, nor some conflict-resolution grants it had successfully obtained in the past. She informed the committee that [the district] is currently in the process of requesting a grant for an anti-bullying program and substance abuse program from the state. The hope is, for the anti- bullying grant, that the district's data [from 1995] will "pass," although it isn't current. Ms. Comeau indicated the district has, under the latest estimate, lost $3,000 in grants for which it had been successful in the past. Number 0708 TERRY SOLOMON, Fairbanks North Star School District, testified via teleconference in support of [Version C]. She pointed out that [the district] has problems similar to those in the Anchorage School District regarding the percentage of permission slips returned. As a parent, Ms. Solomon said she believes it is all right for students to answer these surveys; nothing is being hidden from any parent. MS. SOLOMON referred to when there was passive parent permission; she said she didn't remember many parents calling to request that their children not participate in a survey. She echoed earlier testimony regarding the use of these statistics, recalling her use of such statistics when applying for grants as a member of the board of directors of the Boys & Girls Club; she indicated several United Way agencies do the same. REPRESENTATIVE STEVENS inquired as to the specific grants [the Fairbanks North Star School District] has lost or may lose as a result of inadequate information. MS. SOLOMON said she couldn't specifically answer the question. However, she mentioned that student surveys are often reviewed in relation to how programs are evaluated. Therefore, it's difficult not to have that information. Number 0866 RICHARD BLOCK, Christian Science Committee on Publication for the State of Alaska, testified via teleconference. He expressed hope that the committee had received his written testimony. Mr. Block said: We think that the work done in 1999 to provide a balance between providing what the school district or others may regard as needed information, on the one hand, and the parents' right to know what kind of data are being collected and have the ability to weigh in on whether their child should be included in such a survey was a proper way to balance the interests. And ... HB 408 tends to move away from that balance. MR. BLOCK related his belief that moving away from the balance seems to be based on the assumption that the protections in HB 408 will work. For example, subsection (b) in Section 2 says parents shall be notified, even for an anonymous questionnaire; however, there are no specifics as to how the parent is to be notified. Mr. Block surmised that if the school board argues that mailing is too expensive, then it wouldn't intend to mail the notice home. Therefore, [the school board] may rely on the student's taking the notice home. MR. BLOCK said from discussions with his son, a high school teacher, he understands that even important documents such as pink slips, grade slips, [notices involving] disciplinary matters, and notices of parent-teacher nights somehow don't make it home [to the parents]; therefore, it is fair to assume a large percentage of survey permission slips won't make it home, either. With regard to saying the school district will provide parental notice, he characterized it as a hollow protection unless the statute specifies an effective means of notification. In conclusion, Mr. Block urged caution before changing the well- balanced approach of 1999. Number 1038 JAKE METCALFE, Member, Anchorage School Board, Anchorage School District, testified via teleconference, noting that he is also a parent of a child in the district. Mr. Metcalf announced that the board unanimously supports Version C. Number 1074 REPRESENTATIVE STEVENS asked what the Anchorage School District has done in an attempt to obtain responses from parents [who haven't returned permission slips for these surveys]. MS. COMEAU explained that [the district] has hired extra help in the past two years; run "telephone banks"; and done mailings to parents, via the U.S. mail, the first time around. It is the follow-up that's been difficult. For example, teachers have talked with students in class to persuade them to talk to their parents about the importance of returning [surveys]; however, it appears to be difficult for students to either remember or communicate that need to their parents. Furthermore, teachers have been requested to ask parents about these forms at parent- teacher conferences; in a limited 15- or 20-minute conference, however, it takes time away from discussion of other substantive issues. She concluded, "We've done everything we could think of, in a district the size of ours, to get these returned. And we just simply haven't received any kind of substantial return." Number 1160 RUTHAMAE KARR, Interior Neighborhood Health Corporation (INHC), testified via teleconference in support of HB 408. A grandmother of six who lives in the Fairbanks North Star Borough, she informed members that her children [names unspecified] couldn't attend and had asked her to speak on their behalf in support of the bill. On her own behalf, she stated support for HB 408 as well. She mentioned working on a tobacco- related grant; she indicated it is hard to evaluate tobacco- related behavior, write grants, and determine effectiveness [without surveys]. Number 1211 DEE HUBBARD testified via teleconference in opposition to HB 408, noting that she lives in Sterling. She recalled that the survey mentioned was her main reason for supporting introduction of HB 70 a few years back; she believed the survey to be extremely intrusive and didn't want her children taking it, nor did she recall that much information was given about it. Although she'd talked to the principal and discovered her child wasn't involved, it was up to her to do the legwork, she told members. She'd felt then that parents needed more information, she said, and still believes they should have another way to participate in school districts' decision making. She related her understanding that the survey continues to be given in middle school, which includes sixth graders. MS. HUBBARD told members she also sees HB 408 as an attempt by the Anchorage School District, through the Anchorage [legislative] caucus, to negate a law it doesn't like. Referring to Ms. Comeau's testimony about attempts to contact parents, she suggested additional measures could have been taken and that the district hadn't liked the requirement and therefore hadn't tried very hard to make it work. Ms. Hubbard conveyed her belief that an active-permission process should be used as a tool to foster more parent participation at various levels, including schools and districts. She said: I'm sorry that Anchorage is having a problem, and it sounds like Fairbanks is having a bit of a problem. But why should the parents and the students be penalized because ... they're either doing a lousy job at trying to get active parent permission or they're just not working up to a level of being able to attain that active parent permission? MS. HUBBARD remarked that she is sure the Anchorage School District is happy she lives in Sterling now. She asked the committee to vote against HB 408, which she said she doesn't agree with, doesn't support, and believes to be bad legislation. Number 1410 CHAIR DYSON called upon Andree McLeod, informing the committee that it was Ms. McLeod who got him interested in HB 70 several years ago. He asked whether she had changed her convictions since then. Number 1440 ANDREE McLEOD testified via teleconference, answering no, she hadn't changed her convictions. Noting that she still lives in Anchorage, Ms. McLeod expressed amazement that the message that parents don't want these questions being asked "isn't getting to the public health professionals." She suggested that in addition to the Anchorage School District, public health officials are a strong lobbying group whose funding supposedly depends on this [survey] information. She recited several survey questions about sexual intercourse and pregnancy, dietary matters, and so on. She conveyed gratefulness that her son is out of the district, noting that she'd been adamant that he not take part in these surveys. MS. McLEOD brought attention to 20 U.S.C. § 1232h, saying it mandates that these questions not be asked without the prior written consent of the parent. She recalled the hard work required to get [HB 70 passed] in 1999, and said she is livid about the effort to repeal it. She told members that "New Jersey is now in court" over this issue. She asked, "Do we have the funding to go to court? Do we want to spend the ... $500 million of the school district ... on litigation? Do you want your health and education funds to be spent on litigation?" Number 1563 MS. McLEOD referred to Representative Cissna's inquiry about what criteria can be used to assess the accountability of public service besides survey results. Ms. McLeod suggested that it should be demanded that state public health officials become savvy in new computer technology in order to get this data without going to every student. MS. McLEOD turned attention to grant requests. She reported that people in New Jersey had already gone to federal agencies that said, "No, we're not going to give you money"; when requested to put it in writing, however, no federal agency put in writing that it [must use those numbers as a basis]. She suggested, therefore, that anyone denied funding should ask why; if the reason cited is that data wasn't provided, she proposed asking that it be put in writing. MS. McLEOD told members she'd always opposed this bill intellectually, but had an experience with the Anchorage School District in which teachers and counselors, especially, at East High School had "crossed the line regarding privacy." Ms. McLeod said teachers can do whatever they want with survey information. She implored the committee to protect children from teachers and counselors who would like to know this kind of information, and to protect the parents. She concluded, "Leave the parenting of values up to us." Number 1715 EMILY NENON, Alaska Advocacy Manager, American Cancer Society, testified via teleconference in support of HB 408 on behalf of both the American Cancer Society and Alaskans for Tobacco-Free Kids. She told members her career and personal interests lie in examining the ways public policy affects people's everyday lives. Ms. Nenon said, "From this perspective, the committee substitute we're looking at is one of the very best kinds of public policy." She stated: As legislators, you all have committed to a multimillion-dollar annual investment in tobacco prevention-and-control programs. Your constituents, the soon-to-be-taxpayers of Alaska, will want to know if these programs are working. This bill will make it feasible to reinstate the Youth Risk Behavior Survey. The YRBS is the gold standard in youth-behavior data collection across the country. Without surveys such as this, we have no way of knowing whether Alaska's investment in youth tobacco prevention-and-control programs is paying off. With surveys such as this, we can not only gauge our own success, but also compare our progress with that of other states, and adapt our programs for maximum efficiency and impact. This data is the critical, final component to measuring our success and living up to the missions and measures of the tobacco prevention-and-control programs. Tobacco is the number-one cause of preventable death in Alaska. The average age that people start smoking is 14. You have made an investment in changing these facts. By providing for scientific data collection, HB 408 provides accountability to the state's tobacco- control efforts. You are dedicating tremendous resources to the deadly problem of tobacco use in Alaska. Don't you want to know if ... you're doing any good? Number 1804 REPRESENTATIVE STEVENS asked Ms. Nenon what kinds of questions are asked about tobacco and what her organizations do with that information. MS. NENON replied that as an advocate for the American Cancer Society, she has heard from state tobacco prevention-and-control programs some discussion about questions asked regarding the age at which people start using tobacco and the frequency of use, for example. [A survey] also can be used to gauge the effects on people's attitudes from a specific program, from education in schools, or from "counter-marketing." Number 1883 REPRESENTATIVE BUNDE wrapped up by addressing the possible inference that his involvement with the legislation is "anti- parent." He told listeners: I just want to assure people that that's far from the case. I wish we didn't live in a society where there are sixth [graders] and seventh graders that are having sex or doing drugs or smoking or drinking, or whatever they're doing. But I don't think pulling ... a blanket over our head and pretending that that stuff doesn't exist is ... good parenting, either. ... I think good parents have active refusal. Good parents are involved enough that they know what's going on with these surveys, and they will say no. The problem isn't that too many parents are saying no. The problem is, just not enough parents are even being asked the question; the information doesn't get ... home to them for them to make a decision. A good parent would review the survey [and] make the decision they want their child involved or not. I ... haven't had the experience of everyone, but I don't have the paranoia that the school districts are out to destroy parents. Number 1950 REPRESENTATIVE CISSNA, speaking as a parent of her own daughter as well as adopted and foster children, recounted that she'd worked in the school an hour each week; therefore, she'd found out what was going on in class. She said it would seem to be a good exercise for parents, and a good way "to make sure things don't happen." REPRESENTATIVE BUNDE agreed, time permitting [for the parent]. AN UNIDENTIFIED SPEAKER mentioned working full-time. Number 2004 REPRESENTATIVE STEVENS referred to testimony via teleconference that districts haven't done enough to get the message out. He said it appears that at least the Anchorage School District has spent considerable money and time trying to get these messages out. He asked Representative Bunde whether he was concerned about that cost, whether there are solutions to getting more responses to the surveys, and whether the money would be better spent elsewhere. REPRESENTATIVE BUNDE replied, "You bet; just put me in charge of it." He then said, as a husband of an elementary school teacher, he knows how difficult it is to "get stuff to go home" and get it back. Number 2030 RIC IANNOLINO, Chair, Youth on the Street, came forward to testify, noting that his organization is a citizens' group in Juneau that deals with homeless teens. He referred to Dr. David Moore, Associate Director, Safe and Drug Free Schools, who he said also works at the University of Washington, College of Education, Center for the Study and Teaching of [At-Risk] Students; Mr. Iannolino said his own organization deals with high-risk students as well. "We don't work for the schools," he explained. "We don't work for anybody. They're a group of citizens, many of them parents, some homeless students." MR. IANNOLINO pointed out that homeless teens actually have homes, but many times the living situations are so difficult that nobody would want to live there with the parents or families. Furthermore, they are homeless because nobody has called the police to report them missing. Nobody has called the school, let alone sent a permission slip. "We can't find information," he told members. "We can't get grants." MR. IANNOLINO reported that the White House Office of National Drug Control Policy (ONDCP) has determined that surveys which require active parental consent, as the current statutes require, are invalid; they underreport various "problem" health behaviors including those involving marijuana, homelessness, and a range of other problems. He said the legislature, as testimony has indicated, currently cannot audit the effectiveness of youth health programs in Alaska because of the lack of data. MR. IANNOLINO pointed out that loss of federal funds and competition for national foundation monies are two issues; Alaskan programs are at a disadvantage when competing with states that can offer program evaluation using valid student surveys that don't require active parental consent. He emphasized that this is a barrier to receiving a fair share of grants relating to substance abuse, violence, or homelessness. MR. IANNOLINO referred to Representative Stevens' questions. Noting that the methods are 15 percent to 30 percent of the scoring, he said, "On the big, national, competitive grants, you lose automatically; you don't get them. And we're not." He told members that recent passage [by Congress] of President Bush's "leave no child behind" education bill had removed mandatory active parental consent and replaced it with "guidance for local decision making, local control." He offered the following quotation: A local educational agency that receives funds under the applicable program shall develop and adopt policies in consultation with parents regarding the following: the right of a parent of a student to expect, upon request of the parent, a survey created by a third party before the survey is administered or distributed by a school to a student and, if applicable, procedures for granting a request by a parent for reasonable access to such survey with a reasonable period of time after the request is received. MR. IANNOLINO said this provision allows for fully informing the parents and allowing them to opt out of the survey. Districts can make decisions on an individual basis. In particular, they can allow passive consent for critical health surveys such as the youth health behavior survey and surveys by his own organization such as the one conducted in 1998 "on the streets." He told members: We can't go into the schools; the schools here are begging us because we have sixth graders who are homeless; we have middle school; we have high school. So ... we want to go into the sixth grade, do a survey, all the way through twelfth [grade], so that we can get some funding. You can't give us the money. You don't have the money. If you shoot our feet off, we can't get grants, either. We're not serving children. This is a dire situation. MR. IANNOLINO concluded by saying the legislature should allow for local control on an individualized basis for school surveys. Number 2200 REPRESENTATIVE STEVENS asked how many homeless youths Mr. Iannolino's organization deals with in a year. MR. IANNOLINO offered results from a 1998 survey designed by the McDowell Group and conducted by his organization. He said, "The estimate, sadly enough, was between 150 at one time, and during the summer, up to 200 homeless youth in Juneau on any one night." Number 2221 REPRESENTATIVE WILSON commented that as a school nurse for more than nine years, she taught drug and alcohol prevention programs in the school system, which served 4,000 students - approximately 325 per grade. She said it isn't always that children don't get the notes home; rather, many parents either don't care or don't know what happens to these notes after the children give them to the parents. She agreed it is difficult to get them returned. CHAIR DYSON thanked participants and announced that HB 408 would be held over.
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