Legislature(2007 - 2008)CAPITOL 120
04/25/2007 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB187 | |
| HB207 | |
| HB217 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 225 | TELECONFERENCED | |
| + | HB 217 | TELECONFERENCED | |
| + | HB 207 | TELECONFERENCED | |
| += | HB 213 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 187 | TELECONFERENCED | |
HB 207 - STUDENT QUESTIONNAIRES AND SURVEYS 1:35:29 PM CHAIR RAMRAS announced that the next order of business would be HOUSE BILL NO. 207, "An Act relating to questionnaires and surveys administered in the public schools." [Before the committee was CSHB 207(HES).] 1:37:01 PM REBECCA ROONEY, Staff to Representative Peggy Wilson, Alaska State Legislature, sponsor, explained on behalf of Representative Wilson that HB 207 will change the parental consent requirements in schools from active to passive for anonymous surveys only. Active parental consent requires written permission to participate in the survey. Active parental consent overburdens the school system and significantly increases costs involved in conducting student surveys. Research and experience suggests that the vast majority of parents would consent to their children participating in such surveys. Most of the research indicates that failures to provide written permission are driven by apathy, oversight, or student error, not be parents' refusal. Many schools are unable to use the data they collect because there are not enough participants. MS. ROONEY explained that passive parental consent notifies and informs the parents about the nature of a survey, and allows parents to refuse to allow their child to participate in the survey. School-based surveys continue to be a reliable method for gathering valuable population-based information on youth; this data helps policymakers, educators, program planners, and parents to better understand important health and social issues that affect young people's chances of success. Routine standardized surveys such as the national and state Youth Risk Behavior Survey (YRBS), which is conducted by the Centers for Disease Control and Prevention (CDC), track trends over time and help guide and evaluate important health and prevention programs. State and federal grant programs that rely on these surveys include programs pertaining to tobacco prevention and control; obesity prevention; heart disease and stroke; diabetes; safe and drug-free schools; other substance abuse prevention; injury prevention - including violence and suicide prevention; human immunodeficiency virus (HIV) and sexually transmitted disease (STD) prevention; and more. MS. ROONEY offered that the overall statewide response rate to YRBS in 2005 was 55 percent, thus falling short of the required response rate of 60 percent. The state was unable to use the data or publish a report because the data would not be representative of the high school population. When the state doesn't get such reports, it loses the ability to have timely data and track trends over time, and is not able to compare Alaska data with national data during the same time period. Under the bill, notification of surveys and their content will still be sent to every parent of a child that is a candidate participant just as occurred under active parental consent - a parent will have the option of reviewing the survey and how it will be administered before it is actually administered. Therefore, any parent who doesn't want his/her child to participate will be able to opt out. This type of parental consent provides both protection and flexibility for parents and schools. 1:41:29 PM EMILY NENON, Director, Alaska Government Relations, American Cancer Society (ACS), relayed that she is very happy that the committee is hearing HB 207, adding that the ACS supports using the best means possible to gather health-related data from Alaska's youth. That health-related data is of interest to the ACS; as a science-based organization, the ACS uses youth data to assess the challenges to children's life-long health patterns, to set goals and action plans to meet those challenges, and to monitor the success of its efforts. There really is no debate over the value of the data collected in such surveys, she remarked; instead, the debate centers on how the data is collected. House Bill 207 has been drafted in such a way that it retains the key parent and student protections of [existing] statute. In addition to retaining all of the parental notification requirements, it also makes it practical for schools to obtain survey data. In conclusion, she reminded the committee that the surveys are anonymous and voluntary. 1:43:45 PM CARL ROSE, Executive Director, Association of Alaska School Boards (AASB), relayed that the AASB advocates for children and youth, and assists local school districts in providing a quality education with an emphasis on student achievement through effective local governance. The ability of the AASB to identify the issues, look for solutions, and measure results is contingent upon being able to acquire the information garnered by these surveys. There are three programs the AASB is involved in, and all are contingent upon being able to gather information through various surveys regarding the attitudes and behaviors of children and youth. He offered, "If you're making an investment in trying to get communities engaged in helping kids be successful, you'd like to know that your efforts ... can be validated and that progress is being made." He concluded by saying that the AASB supports HB 207. CHAIR RAMRAS offered his understanding that under HB 207, parental consent is required for surveys that are not anonymous, and that a child can simply decline to participate in a survey or his/her parents may, in writing, deny permission for their child to participate. MR. ROSE added that the parents' written denial of permission must be submitted to the school principal. REPRESENTATIVE LYNN offered his understanding of the difference between active and passive permission, and surmised that not many notices given to children to take to their parents are returned. MR. ROSE said that the AASB is trying to access confidential, anonymous information, but seeking active permission can inhibit obtaining that information. 1:49:37 PM REPRESENTATIVE PEGGY WILSON, Alaska State Legislature, sponsor, relayed that the College of Nursing at the University of New Mexico Health Sciences Center found that when active parental consent is required, parental permission is typically obtained for only 30-60 percent of the students; in comparison, when passive consent is used, 93-100 percent of the students participate. Extensive follow-up may result in 55-100 percent of parents giving permission but at a significant cost - $20-$25 per student. She relayed that according to the superintendent of schools in Anchorage, a lot of money is spent on a yearly basis in trying to obtain permission, but even then participation is still too low. CHAIR RAMRAS observed that there is no fiscal note attached to HB 207. REPRESENTATIVE WILSON, in response to a question, offered her understanding that requiring active consent results in the exclusion of minorities, of students having problems in school, and of students already engaged in or at risk of problem behavior. 1:52:55 PM JAY BUTLER, M.D., Director, Central Office, Division of Public Health, Department of Health and Social Services (DHSS), relayed that the YRBS is an epidemiologic surveillance tool designed by the CDC and administered in schools every other year by state and local health agencies around the country. Alaska has participated in the YRBS since 1995. Typically, the YRBS in Alaska is administered to students in 42 high schools in approximately 20 districts, with just over 2,000 students eligible to participate. The YRBS asks students about a number of health-related activities that those in the public health field would like to encourage such as seat-belt and helmet use, daily consumption of fresh fruits and vegetables, and exercise, as well as a number of activities that those in the public health field would like to discourage such as tobacco use, alcohol use, drug use, and sexual activity. DR. BUTLER said that in the field of public health, this data is used to develop and evaluate public health programs designed to help keep kids healthy and help them become healthy adults. Student responses are anonymous, and it's not possible to trace an individual questionnaire back to any given student. For the YRBS in Alaska, a predefined response rate of 60 percent is required for statistical validity. The 2003 YRBS survey provided representative data but only after considerable time and investment in incentives, and the overall response rate in 2005 was only 55 percent despite incentives provided to help schools offset the additional administrative burden associated with active consent; as a result, the 2005 survey did not provide useful data. DR. BUTLER said that an evaluation of YRBS data illustrates that participation rates have been greater in areas using passive consent. Of the roughly 45 states across the country that participate, only 2 or 3, including Alaska, have statewide requirements for active consent. House Bill 207 won't change the ability of local school districts to create their own policies regarding consent for student surveys. He pointed out that there are advantages and disadvantages to both active and passive consent. Active consent increases parental participation in the survey process and ensures that consent has been based on a conscious decision by the student's parent. Additionally, involvement of parents could build community support for participation in the survey process which those in the field of public health view as a methodological advantage. DR. BUTLER said that passive consent, on the other hand, improves participation rates and can provide more representative data; it allows administration of the survey at less cost and with less burden on schools and teachers. Additionally, with passive consent, it is [thought] that nonparticipation is due to parental objection to the survey, not just that parents were not made aware of the survey because students didn't bring the notice home. DR. BUTLER, in response to questions, acknowledged that the subject matter of some surveys is considered sensitive by some parents, and their concern is taken seriously. The proposed switch to passive consent is not meant to take away the ability of parents to preclude their child from taking a survey. Furthermore, there is no attempt to cover up the content of a survey; in fact, the survey is made available to parents if they request it. 1:58:41 PM REPRESENTATIVE LYNN asked whether the surveys ask questions about sexual behavior, sexual orientation, and safe sex. He noted that some parents believe that their children should not be exposed to such questions at school. DR. BUTLER offered that with the YRBS, the nature of the questions posed to high school students regarding sexual activity are [preset]. There is a question of whether the student has been sexually active, and, if so, how many partners the student has had, and how many the student has had in the past three months; all these questions includes an answer option of, "I am not sexually active." There is also a question of whether the student, within the past 30 days, has been under the influence of alcohol while sexually active, and there is a question of whether the student used any type of birth control or prophylactic during sexual activity. He said that in terms of the YRBS, he is very comfortable with the wording of the questions; the questions are in no way leading and are mild in comparison to the lyrics of songs played over the PA system at schools. REPRESENTATIVE COGHILL surmised that the questions are probably fairly well crafted to address today's issues. He said, however, that because of the sensitive nature of the issues addressed in such surveys, he would rather presume that the parent has the right to grant permission and that the school has to obtain that permission. He acknowledged that some parents might be apathetic to the surveys, and that some children simply won't give their parents the notification and parental consent form, but there are other parents who, if given the opportunity, will say "no" to allowing their children to participate in such surveys. He indicated that he doesn't want to assume that the non return of parental consent forms can be attributed to a failure on the part of the parents; instead it may simply be that the parent is refusing to grant permission. DR. BUTLER said that there have been studies done regarding the lack of response to parental consent forms. 2:02:45 PM TAMMY GREEN, Deputy Director, Central Office, Division of Public Health, Department of Health and Social Services (DHSS), concurred that there have been follow-up studies done to determine why parental consent forms aren't returned, and a fair amount of those questioned said they simply forgot to fill out the form. These studies also determined that given the choice, those parents who will object to granting their children permission to participate in a survey will respond regardless of whether consent is active or passive. Notwithstanding these studies, she offered, there is no way to know for sure, in each case, why the parental consent form was not returned. It is the school district's responsibility, she opined, to make sure that parents are informed about surveys and are given the chance to look at them; parents should never feel that there has been an attempt by the school to hide anything about the surveys. REPRESENTATIVE COGHILL opined that if active consent is not the method used, parents will be left behind on this issue. 2:04:54 PM REPRESENTATIVE LYNN asked whether the parental consent forms are provided in languages other than English. MS. GREEN said she is not sure but thinks that they are not provided in other languages, adding that she will research that issue further. In response to another question, she offered her belief that under the bill, parents must be notified regardless of whether the survey is anonymous. CHAIR RAMRAS observed that the bill is not specific regarding whether the required notification must detail the subject matter of a survey. REPRESENTATIVE GRUENBERG offered his understanding that under existing statute, a questionnaire that inquires into family or personal affairs may not be administered, regardless of whether the questionnaire is anonymous, unless written permission is first obtained from the parent or guardian, and that under the bill, an anonymous questionnaire, regardless of the subject matter, can be administered unless the parent specifically says that his/her child cannot participate. CHAIR RAMRAS said he is comfortable with switching to a passive- consent approach, but wants to ensure that schools actively pursue notifying parents about the subject matter of any upcoming surveys. REPRESENTATIVE COGHILL indicated that his belief is that the parent should have to specifically grant permission, each time, before a student is given a survey regardless of whether it is anonymous. REPRESENTATIVE GRUENBERG offered his understanding that under the bill, two weeks' notice to the parent is required regardless of whether the survey is anonymous. CHAIR RAMRAS expressed a desire to alter the bill such that schools will be required to notify the parents of the subject matter of any upcoming survey regardless of whether a passive consent approach is used. 2:12:03 PM MARIE DARLIN, Coordinator, AARP Capital City Task Force, after relaying that the AARP has submitted a letter of support for HB 207, offered that the AARP's membership includes grandparents who are very concerned about the issues raised in surveys as those issues relate to their grandchildren. She said that the type of information garnered by surveys is important, and noted that the question of how to conduct such surveys was an issue for the Juneau school board even in the '60s and '70s when she served on it. She posited that any school board is going to pay very careful attention to notifying parents about what questions a survey contains. This bill will result in better participation rates, she indicated, and noted that parents will have two weeks notice to consider whether to withhold consent. MS. DARLIN expressed hope that any school district that adopts a passive consent approach will send out a copy of the survey so that parents will be aware of the questions that will be asked. It should be the school board's responsibility, rather than the student's, to ensure that parents are properly notified and informed about the types of questions a survey contains and what the resulting information will be used for. The issue is one of getting useful information in the easiest way possible, and allowing parents the ability to deny permission would seem to take care of their concern because even then the responsibility is given back to the parents. In conclusion, she said that the AARP supports HB 207. 2:15:34 PM ANDREE McLEOD said she opposes HB 207, and relayed that in 1999, her son participated in a survey without her being aware that he was doing so; as a result she went to the Anchorage school board to try to get the policy changed, but because of the funding associated with such surveys, it was really hard to get anything accomplished at the school-board level, and so she had to go to the state level to get the law changed. She opined that HB 207 diminishes the role of parents' interaction in their children's schools, adding, "We need to maintain the parents' authority in their child's education, not less." She went on to say: "I see this as a fundamental issue of parents versus schools and who has the right. Parents have the right to their child's experience in the schools. They own it. And they give consent to do certain things at the schools." MS. McLEOD pointed out that the YRBS is not only given to high school students, but to students even younger. She relayed that back in 1999, she was about 43 or 44 years old, and that when she read the YRBS to see what kinds of questions were being asked, she found that the numerous questions regarding sex left her, even at the age of 44, with the thought that she ought to be having sex. Such surveys ask a lot of questions about private family affairs, and, prior to 1999, these questions were being asked of children without their parents knowing it. It was a very hard-fought battle to get that situation changed, particularly given that funding issues played a big part. She opined that passage of HB 207 will again result in violating the parents' role in their children's school experience, and that the bill actually goes against what its stated intent is. 2:20:01 PM MATT FELIX, Executive Director, Juneau Affiliate, National Council on Alcoholism and Drug Dependence, Inc. (NCADD), said that the Juneau Affiliate of NCADD depends a lot on grants and contracts, and so is concerned about the lack of data and the lack of accuracy in the data. Currently there are two major surveys that the NCADD depends upon to obtain federal grants, but one of those surveys is not conducted in Alaska because the state doesn't use passive consent and so it is too expensive to conduct; the data that that survey gathers pertains to drug and alcohol use, and it would be great, from his organization's perspective, he relayed, to have that data so as to be able to compare Alaska with other states and so as to be able to apply for certain federal grants. Currently the YRBS "is the only thing that we have" and its accuracy is inadequate at this point for use in obtaining federal monies. He added, "I think we all realize that we do have a serious problem ... with [drugs] and alcohol." In response to a question, he said he strongly supports HB 207. MR. FELIX, in response to questions, offered that the survey questions are worded and the statistics are gathered in such a way so as to minimize the margin of error, and that funding is one of the main reasons for seeking accurate data. REPRESENTATIVE GRUENBERG relayed that some of his constituents might be intimidated by having to submit a written denial of permission to the school principal as is required by the bill, and questioned whether the committee ought to alter the bill such that it would be possible to submit the written denial of permission to either the principal or the teacher. MR. ROSE relayed that the 53 school districts in Alaska address this issue in different fashions; for example, in some small communities, the school districts send out self-addressed, stamped return envelopes along with the notice. He mentioned, however, that in larger communities there are a number of children who don't have parental oversight, and so each school district has to address the issue as appropriate, though smaller school districts can be far more flexible in obtaining active consent. CHAIR RAMRAS, after ascertaining that no one else wished to testify, closed public testimony on HB 207. He then asked the sponsor to comment on the concerns raised thus far. 2:27:21 PM REPRESENTATIVE WILSON provided members with a copy of a YRBS, and noted that of the 99 questions asked, only 7 of them pertain to sex. She assured committee members that the proposed change in the law is not about funding; instead it is about prevention and about having the knowledge that can be used to protect children. Although there are state programs that seek to combat obesity and drug and alcohol abuse, as examples, the state can't do everything, and the federal government is willing to provide funds if the data accurately reflects a need. REPRESENTATIVE DAHLSTROM said that speaking as a parent of four and a grandparent of [soon-to-be four], she intends to be involved in her grandchildren's schools, and asked whether volunteers could simply be used to phone parents and remind them to fill out the active consent form. She said that she is not so much concerned about the subject matter of the questionnaires as she is about a parent's right to know what is going on at school. She surmised that HB 207 could deprive parents of that right if they are not made aware of surveys that there children are being asked to participate in. Regardless that people complain that it is not the schools or teachers' responsibility to raise kids or discipline them, teachers are often stuck doing such things anyway because they care, but as a parent, she is not expecting the state to do those things for her. CHAIR RAMRAS indicated that CSHB 207(HES) would be set aside.
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