Legislature(1999 - 2000)

05/12/1999 02:24 PM Senate HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                  HB  70-PUBLIC SCHOOL SURVEYS                                                                                  
                                                                                                                                
TAPE 99-28                                                                                                                      
Number 400                                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON, sponsor of HB 70, informed committee members                                                              
that about 25 years ago the Legislature enacted AS 14.03.110, which                                                             
defines when parental consent is necessary for student                                                                          
participation in school surveys and questionnaires.  The Basic                                                                  
Youth Risk Survey was recently administered, and because                                                                        
participants remain anonymous, confusion has arisen about whether                                                               
parental permission is necessary.  He was contacted by concerned                                                                
parents who wanted to be "in the loop."  Initially, a drafter from                                                              
the Division of Legal Services informed him that inserting the word                                                             
"personal" into statute would require parental consent.  However,                                                               
after the Department of Health and Social Services (DHSS) expressed                                                             
concern that obtaining active parental consent for hundreds of                                                                  
children would be difficult, he revisited the bill.  The bill was                                                               
then changed to revise the statute to allow parents to give blanket                                                             
approval for anonymous surveys at the time the student registers.                                                               
It continues to require parental notification when surveys are                                                                  
conducted and allows parents to review each survey.  Some educators                                                             
have expressed concern that they will be prevented from asking                                                                  
personal questions when dealing with students with behavioral                                                                   
problems, or about the students' real or apparent dysfunction.  He                                                              
noted during last minute efforts on the House floor, a few changes                                                              
were not adopted.  He asked committee members to consider amending                                                              
the measure to adopt those changes which are contained in Amendment                                                             
Education (DOE) concern that some educators will interpret the bill                                                             
to prohibit them from asking and recording personal questions of a                                                              
student who is believed to be at risk for violent behavior.                                                                     
Amendment #2 clearly defines that the bill applies to group                                                                     
surveys, not to the efforts of an educator to do individual                                                                     
interventions.                                                                                                                  
                                                                                                                                
CHAIRMAN MILLER stated it is his understanding that Amendment #2                                                                
was drafted by Representative Dyson and Commissioner Cross.                                                                     
                                                                                                                                
REPRESENTATIVE DYSON said that is correct and added that DOE has                                                                
bent over backwards to work with him on this bill.                                                                              
                                                                                                                                
CHAIRMAN MILLER asked for an explanation of Amendment #1.                                                                       
                                                                                                                                
LISA TORKELSON, legislative aide to Representative Dyson, explained                                                             
that when she sent a memo requesting changes to the Division of                                                                 
Legal Services during the last minute effort to pass the bill on                                                                
the House floor, the Division missed one change and she missed one.                                                             
The first change allows for the blanket permission opportunity,                                                                 
which is active parental support.  A form giving parents the option                                                             
of granting permission could be provided to each parent.  The                                                                   
intent of the blanket permission form is to save money.  It would                                                               
provide for follow-up notification to parents at least two weeks                                                                
prior to the survey and it provides a second opportunity to say                                                                 
"no."  The second change applies the opportunity to for parents to                                                              
review each questionnaire, whether the questionnaire is intended                                                                
for anonymous participation or not.  Language on page 2 requires a                                                              
school to provide written notice of how the questionnaire will be                                                               
administered, how the results will be used, and who will have                                                                   
access to the survey.                                                                                                           
                                                                                                                                
REPRESENTATIVE DYSON added very few educators continue to have                                                                  
concerns about the changes; however, health agency officials want                                                               
data from the Youth Behavior Risk Surveys and believe getting                                                                   
blanket approval at the time of registration will be too difficult.                                                             
A valid survey response requires participation by one-sixth of the                                                              
student population.  Most school districts can easily administer                                                                
the permission requirement as it will entail adding one more box                                                                
to a form.                                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON stated some school districts have used this                                                                
opportunity to increase parental participation in their schools and                                                             
to prompt discussion.                                                                                                           
                                                                                                                                
Number 488                                                                                                                      
                                                                                                                                
SENATOR ELTON referred to Representative Dyson's statement that                                                                 
only one-sixth of a student body need participate to validate the                                                               
survey results, and stated narrowing the survey field allows people                                                             
to self select involvement thereby impacting the validity of the                                                                
survey.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DYSON noted that observation is valid and that the                                                               
parents who might not want their child to participate in an                                                                     
anonymous survey might be the parents the school most needs to hear                                                             
from.  He stated some schools have allowed for passive permission                                                               
in which a child is sent home with a survey that is completed at                                                                
home and returned.  That method also contains an inadvertent                                                                    
selection process.  Some school districts send certified letters.                                                               
He surmised that irresponsibility on the part of parents in not                                                                 
responding to their mail distorts the survey results as much as the                                                             
active permission requirement.                                                                                                  
                                                                                                                                
SENATOR WILKEN moved to adopt Amendment #1 (KA.1) which reads as                                                                
follows.                                                                                                                        
                                                                                                                                
Page 1, line 15, following ".":                                                                                                 
     Insert "The school shall provide each student's parent or                                                                  
legal guardian at least two weeks' notice before administering a                                                                
questionnaire or survey described under this subsection."                                                                       
                                                                                                                                
Page 2. lines 4-5:                                                                                                              
     Delete all material.                                                                                                       
     Insert "questionnaire or survey is administered.                                                                           
          (d) The school shall give a student's parent or legal                                                                 
guardian an opportunity to review the questionnaire or survey                                                                   
described under (b) or (c) of this section and shall"                                                                           
                                                                                                                                
Reletter the following subsections accordingly.                                                                                 
                                                                                                                                
SENATOR ELTON objected on the basis that Amendment 1 is fairly                                                                  
substantive as the bill now provides that general permission be                                                                 
requested once per year by a school district.  Amendment 1 provides                                                             
another threshold: it imposes an additional requirement on                                                                      
districts by requiring that further approval be obtained two weeks                                                              
before each survey is conducted.  He noted he is much more                                                                      
comfortable with the bill as written.                                                                                           
                                                                                                                                
MS. TORKELSON indicated most school districts currently notify                                                                  
parents two weeks in advance in the form of a newsletter or note.                                                               
That notification only applies to those who have given blanket                                                                  
permission for anonymous surveys.                                                                                               
                                                                                                                                
Number 534                                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON added USC 20.1232  limits the surveys that can                                                             
be conducted by schools and says, "educational institutions shall                                                               
give parents and students effective notice of their rights ...."                                                                
He explained Amendment 1 merely requires two week notification and                                                              
gives parents the right to inspect the survey upon request.                                                                     
                                                                                                                                
Amendment 1 was adopted with Senators Wilken, Pete Kelly, and                                                                   
Miller voting "yea," and Senator Elton voting "nay."                                                                            
                                                                                                                                
SENATOR WILKEN moved Amendment 2 which reads as follows.                                                                        
                                                                                                                                
Page 2, following line 12:                                                                                                      
     Insert a new subsection to read:                                                                                           
          "(e) In this section, "questionnaire or survey" means a                                                               
list of questions to, or information collected from, a class or                                                                 
group of students."                                                                                                             
                                                                                                                                
SENATOR ELTON objected for the purpose of proposing an amendment to                                                             
Amendment 2.  He stated his concern with the existing amendment is                                                              
that if a teacher asks a class whether it watched the television                                                                
program "60 Minutes" and then asked whether students agreed with                                                                
the premise of the show, i.e., the glass ceiling for women, that                                                                
the teacher has asked a list of questions which fits the definition                                                             
of Amendment 2, thereby enacting the two week notice violation.  He                                                             
suggested amending Amendment 2 by adding the following language to                                                              
the end of the last sentence, "and where the information is to be                                                               
given to another entity."  He explained that language would specify                                                             
that the provision applies to information collected from the                                                                    
student group and then transferred to another entity.                                                                           
                                                                                                                                
CHAIRMAN MILLER expressed concern that without the entire statute                                                               
before him, it is difficult to determine whether this section                                                                   
refers to written surveys only.                                                                                                 
                                                                                                                                
REPRESENTATIVE DYSON said he understands Senator Elton's concern                                                                
and is not opposed to his amendment, but he is unsure that it is                                                                
necessary.  He noted the bill was designed to address large group                                                               
surveys conducted for a purpose other than classroom teaching.                                                                  
                                                                                                                                
CHAIRMAN MILLER referred to the statute and clarified that                                                                      
Amendment 2 applies to questionnaires that inquire into personal or                                                             
private family matters of a student, therefore he did not believe                                                               
the teacher's inquiry, in Senator Elton's example, would fall under                                                             
this bill.                                                                                                                      
                                                                                                                                
TAPE 99-28, SIDE B                                                                                                              
                                                                                                                                
SENATOR ELTON maintained the committee should not focus on the only                                                             
example he provided as other scenarios might apply in which a                                                                   
teacher asks questions to prompt discussion and not to obtain                                                                   
information for another entity.                                                                                                 
                                                                                                                                
CHAIRMAN MILLER repeated that Amendment 2 applies to surveys about                                                              
personal or private family matters, and that even if the survey                                                                 
results are to be kept in house, he believes parental permission                                                                
should be required.                                                                                                             
                                                                                                                                
Number 576                                                                                                                      
                                                                                                                                
SENATOR ELTON suggested defining "personal and private" within the                                                              
bill to protect Chairman Miller's concern.  He thought that a                                                                   
person's political persuasion is a personal matter, as well as                                                                  
whether a student has an addiction.  He also expressed concern that                                                             
questions can be phrased in such a way that personal information                                                                
can be surmised from the response.                                                                                              
                                                                                                                                
SENATOR WILKEN suggested specifying that Amendment 2 applies to a                                                               
written list of questions requiring an individual written response.                                                             
                                                                                                                                
SENATOR ELTON indicated that if his amendment fails, he would                                                                   
support Senator Wilken's suggested language because it narrows the                                                              
focus.                                                                                                                          
                                                                                                                                
SENATOR WILKEN said that as a parent he would not want a teacher                                                                
asking his child certain types of questions, whether the questions                                                              
are designed to be used in house or not.                                                                                        
                                                                                                                                
CHAIRMAN MILLER expressed concern that the amendment not be                                                                     
narrowed too much because he would be opposed, for example, to a                                                                
teacher asking for a show of hands of the number of students who                                                                
had sexual intercourse, even though the teacher did not intend to                                                               
use the information outside of the class.                                                                                       
                                                                                                                                
SENATOR ELTON said he does not agree that kind of a question is                                                                 
appropriate whether written or not, and it is an egregious example                                                              
of what could happen and is part of a different debate.  He                                                                     
maintained that the bill does not address classroom discussion but                                                              
is designed to address questionnaires and surveys, therefore that                                                               
the bill should specify that questionnaires and surveys are                                                                     
instruments used to collect data for another entity for a specific                                                              
purpose.                                                                                                                        
                                                                                                                                
Number 527                                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON pointed out the House Judiciary Committee                                                                  
spent many afternoons discussing the same questions, and that the                                                               
issue comes down to one's philosophy.  He noted the country of                                                                  
India's constitution is 4+ feet thick because it contains                                                                       
provisions for many "what if" scenarios.  He stated Alaska's                                                                    
Constitution has a marvelous guarantee of privacy, and one                                                                      
paragraph regarding this issue in Alaska's statutes has served us                                                               
well for many years.  It is only when the Youth Behavior Risk                                                                   
Survey came into being that this bill was created because the                                                                   
statute does not contain the word "personal," regarding survey                                                                  
questions.  He argued that if the solution is further definition in                                                             
the bill, DOE can solve the problem in regulation.  He also stated                                                              
that he believes Alaska teachers are a high quality group,                                                                      
therefore the statute should be kept as simple as possible.                                                                     
                                                                                                                                
CHAIRMAN MILLER asked if there was further discussion about the                                                                 
amendment to Amendment 2.  There being no further discussion, the                                                               
amendment to Amendment 2 failed with Senators Wilken, Kelly, and                                                                
Miller voting "nay," and Senator Elton voting "yea."                                                                            
                                                                                                                                
SENATOR WILKEN moved to adopt Amendment 2 as follows.                                                                           
     "(e) In this section, "questionnaire or survey" means a                                                                    
written list of questions requiring an individual written                                                                       
response."                                                                                                                      
                                                                                                                                
CHAIRMAN MILLER objected.                                                                                                       
                                                                                                                                
SENATOR ELTON questioned whether, by removing the reference to a                                                                
group of students, Amendment 2 will affect interactions between                                                                 
students and counselors.                                                                                                        
                                                                                                                                
SENATOR WILKEN moved to amend Amendment 2 to read:                                                                              
     "(e) In this section, "questionnaire or survey" means a                                                                    
written list of questions requiring an individual written response                                                              
from a class or group of students."                                                                                             
                                                                                                                                
CHAIRMAN MILLER stated his concern with Amendment 2 is that it was                                                              
worked on by Commissioner Cross, a former Superintendent of the                                                                 
Fairbanks school district, who worked on a lot of these issues.                                                                 
Commissioner Cross actually threw out some questions proposed by                                                                
the Fairbanks school district on the basis the questions were too                                                               
personal.  He stated he feels more comfortable with Amendment 2 as                                                              
is, knowing Commissioner Cross has experience in this area and                                                                  
believes the original Amendment 2 is workable for school districts.                                                             
                                                                                                                                
SENATOR WILKEN asked Representative Dyson his opinion of the                                                                    
amendment to Amendment 2.  REPRESENTATIVE DYSON replied he is                                                                   
comfortable with what the drafters and Commissioner came up with.                                                               
                                                                                                                                
SENATOR WILKEN withdrew his amendment to Amendment 2.                                                                           
                                                                                                                                
CHAIRMAN MILLER announced Amendment 2(KA.2) was before the                                                                      
committee.  There being no objection, Amendment 2 was adopted.                                                                  
                                                                                                                                
REPRESENTATIVE DYSON proposed Amendment 3 which will add the                                                                    
following phrase to line 10, page 2:                                                                                            
     "(d) A student may, without penalty, refuse to participate in                                                              
a questionnaire or survey administered in a public school."                                                                     
                                                                                                                                
Number 461                                                                                                                      
                                                                                                                                
SENATOR ELTON asked that the Department of Education comment on                                                                 
Amendment 3.  He questioned whether surveys are conducted in which                                                              
the results are shared with participants only, and if so, whether                                                               
Amendment 3 will force the sharing of that information with people                                                              
who refuse to participate.                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON said he did not think so.  He recounted his                                                                
school experience with students who could not participate in the                                                                
Pledge of Allegiance because of religious convictions.  Those                                                                   
students were made to feel odd about it.  He added the intent of                                                                
Amendment 3 is to ensure that nothing official is done to penalize                                                              
or ostracize students who do not participate.                                                                                   
                                                                                                                                
CHAIRMAN MILLER stated he views Amendment 3 as prohibiting official                                                             
action against a student for non-participation in a survey.                                                                     
                                                                                                                                
SENATOR WILKEN moved to adopt Amendment 3.                                                                                      
                                                                                                                                
SENATOR ELTON objected.                                                                                                         
                                                                                                                                
BETH LAPE, Department of Education, stated she did not have any                                                                 
background on the penalty issue.                                                                                                
                                                                                                                                
SENATOR ELTON again asked if surveys are taken in which the survey                                                              
results are shared with participants only, and whether Amendment 3                                                              
will compel the sharing of results with people who refuse to                                                                    
participate in the survey.                                                                                                      
                                                                                                                                
REPRESENTATIVE DYSON clarified the anonymous survey results are                                                                 
compiled for general use.  No mechanism exists to discriminate who                                                              
will receive the aggregated data.                                                                                               
                                                                                                                                
Number 409                                                                                                                      
                                                                                                                                
SENATOR ELTON questioned whether the results of a survey of                                                                     
students with sexually transmitted diseases would be shared with                                                                
people who refused to participate in the survey.                                                                                
                                                                                                                                
CHAIRMAN MILLER thought that issue does not relate to the amendment                                                             
which prohibits punishing students who refuse to participate.                                                                   
                                                                                                                                
REPRESENTATIVE DYSON said the bone of contention is on the                                                                      
anonymous surveys, therefore no link between the data and                                                                       
participants should exist.                                                                                                      
                                                                                                                                
CHAIRMAN MILLER announced Amendment 3 failed with Senator Wilken                                                                
and Chairman Miller voting "yea," and Senators Pete Kelly and Elton                                                             
voting "nay."                                                                                                                   
                                                                                                                                
SENATOR WILKEN asked if the Youth Risk Behavior Survey is                                                                       
administered to an entire class.  MS. TORKELSON said it takes one                                                               
class period to complete.  SENATOR WILKEN questioned how the                                                                    
results could be reliable unless the margin of error is great.                                                                  
                                                                                                                                
ELMER LINDSTROM, Special Assistant to Commissioner Perdue,                                                                      
Department of Health and Social Services (DHSS), stated the Youth                                                               
Risk Behavior Survey is the "gold standard" of that type of survey.                                                             
It is the only survey of its type administered nationwide,                                                                      
therefore results can be compared to other states.  It represents                                                               
a statistically valid sample selected from sample districts and is                                                              
sponsored by the National Center for Disease Control.                                                                           
                                                                                                                                
SENATOR WILKEN moved SCS CSHB 70(HES) from committee with                                                                       
individual recommendations and its zero fiscal note.  SENATOR ELTON                                                             
objected. The motion to move SCS CSHB 70(HES) from committee                                                                    
carried with Senators Wilken, Kelly, and Chairman Miller voting                                                                 
"yea," and Senator Elton voting "nay."                                                                                          

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