03/26/2002 03:03 PM House HES

Audio	Topic

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled

Schedule
Detailed Minutes
Documents
Doc

pdf txt

ALASKA STATE LEGISLATURE HOUSE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE March 26, 2002 3:03 p.m. MEMBERS PRESENT Representative Fred Dyson, Chair Representative Peggy Wilson, Vice Chair Representative John Coghill Representative Gary Stevens Representative Vic Kohring Representative Sharon Cissna Representative Reggie Joule MEMBERS ABSENT All members present COMMITTEE CALENDAR HOUSE BILL NO. 464 "An Act relating to statewide school district correspondence study programs." - HEARD AND HELD HOUSE BILL NO. 407 "An Act relating to the certificate of need program." - HEARD AND HELD CONFIRMATION HEARINGS University of Alaska Board of Regents Mark Begich - Anchorage Marlene Johnson - Juneau Joseph Hardenbrook - Fairbanks - CONFIRMATIONS ADVANCED HOUSE BILL NO. 408 "An Act relating to questionnaires and surveys administered in the public schools." - HEARD AND HELD HOUSE BILL NO. 338 "An Act making a special appropriation for a grant to Boys and Girls Clubs of Southcentral Alaska for a youth suicide prevention program; and providing for an effective date." - HEARD AND HELD PREVIOUS ACTION BILL: HB 464 SHORT TITLE:CORRESPONDENCE STUDY PROGRAMS SPONSOR(S): REPRESENTATIVE(S)JAMES Jrn-Date Jrn-Page Action 02/19/02 2313 (H) READ THE FIRST TIME - REFERRALS 02/19/02 2313 (H) EDU, HES 02/22/02 2370 (H) COSPONSOR(S): DYSON 02/27/02 2416 (H) REFERRALS CHANGED TO HES, EDU 03/07/02 (H) HES AT 3:00 PM CAPITOL 106 03/07/02 (H) Heard & Held 03/07/02 (H) MINUTE(HES) 03/13/02 2530 (H) COSPONSOR(S): COGHILL, KOHRING, GREEN, 03/13/02 2530 (H) FOSTER 03/14/02 (H) HES AT 3:00 PM CAPITOL 106 03/14/02 (H) Heard & Held 03/14/02 (H) MINUTE(HES) 03/19/02 (H) HES AT 3:00 PM CAPITOL 106 03/19/02 (H) -- Meeting Canceled -- 03/21/02 (H) HES AT 3:00 PM CAPITOL 106 03/21/02 (H) -- Meeting Canceled -- 03/22/02 2655 (H) COSPONSOR(S): FATE 03/26/02 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 407 SHORT TITLE:CERTIFICATE OF NEED PROGRAM SPONSOR(S): REPRESENTATIVE(S)COGHILL Jrn-Date Jrn-Page Action 02/13/02 2232 (H) READ THE FIRST TIME - REFERRALS 02/13/02 2232 (H) CRA, HES 03/04/02 2469 (H) COSPONSOR(S): JAMES 03/13/02 2530 (H) COSPONSOR(S): SCALZI 03/14/02 (H) CRA AT 8:00 AM CAPITOL 124 03/14/02 (H) Scheduled But Not Heard 03/18/02 2593 (H) COSPONSOR(S): DYSON 03/19/02 (H) CRA AT 8:00 AM CAPITOL 124 03/19/02 (H) Heard & Held 03/19/02 (H) MINUTE(CRA) 03/21/02 (H) CRA AT 8:00 AM CAPITOL 124 03/21/02 (H) Moved Out of Committee 03/21/02 (H) MINUTE(CRA) 03/22/02 2638 (H) CRA RPT 2DP 2NR 3AM 03/22/02 2638 (H) DP: SCALZI, MEYER; NR: GUESS, HALCRO; 03/22/02 2638 (H) AM: KERTTULA, MURKOWSKI, MORGAN 03/22/02 2638 (H) FN1: (HSS) 03/26/02 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 408 SHORT TITLE:STUDENT QUESTIONNAIRES AND SURVEYS SPONSOR(S): EDUCATION Jrn-Date Jrn-Page Action 02/13/02 2233 (H) READ THE FIRST TIME - REFERRALS 02/13/02 2233 (H) EDU, HES 02/20/02 (H) EDU AT 8:00 AM CAPITOL 120 02/20/02 (H) Moved Out of Committee 02/20/02 (H) MINUTE(EDU) 02/20/02 2338 (H) EDU RPT 6DP 02/20/02 2338 (H) DP: PORTER, WILSON, GUESS, STEVENS, 02/20/02 2338 (H) GREEN, BUNDE 02/20/02 2338 (H) FN1: ZERO(EED) 03/26/02 (H) HES AT 3:00 PM CAPITOL 106 BILL: HB 338 SHORT TITLE:APPROP: GRANTS TO PREVENT YOUTH SUICIDE SPONSOR(S): COMMUNITY & REGIONAL AFFAIRS Jrn-Date Jrn-Page Action 01/16/02 1982 (H) READ THE FIRST TIME - REFERRALS

01/16/02 1982 (H) HES, FIN

01/16/02 1982 (H) REFERRED TO HES

01/24/02 (H) HES AT 3:00 PM CAPITOL 106

01/24/02 (H) Heard & Held

01/24/02 (H) WITNESS REGISTER REPRESENTATIVE JEANNETTE JAMES Alaska State Legislature Capitol Building, Room 214 Juneau, Alaska 99801 POSITION STATEMENT: Testified as sponsor of HB 464. RYNNIEVA MOSS, Staff to Representative John Coghill Alaska State Legislature Capitol Building, Room 102 Juneau, Alaska 99801 POSITION STATEMENT: Explained HB JEROME SELBY, Regional Director Planning, Development, and Advocacy Providence Health System in Alaska P.O. Box 1962 Kodiak, Alaska 99615-1962 POSITION STATEMENT: Testified on HB RUTHAMAE KARR Interior Neighborhood Health Corporation Fairbanks, Alaska 99701 POSITION STATEMENT: Testified in support of ACTION NARRATIVE TAPE 02-24, SIDE A Number 0001 CHAIR FRED DYSON called the House Health, Education and Social Services Standing Committee meeting to order at 3:03 p.m. Present at the call to order were Representatives Dyson, Coghill, Stevens, and Cissna. Representatives Wilson, Kohring, and Joule joined the meeting as it was in progress. HB CHAIR DYSON announced the first order of business, HOUSE BILL NO. 464, "An Act relating to statewide school district correspondence study programs." [Before the committee was Version O, as amended on March 14.] He sought confirmation from Representative Jeannette James that her intention was for the committee to adopt Version P [as a work draft]. Number 0260 REPRESENTATIVE JEANNETTE JAMES, Alaska State Legislature, sponsor of HB adopt the amendments made by the Senate [to the companion bill, SB her preference that the committee hold the bill pending the forthcoming [Department of Education and Early Development (EED)] regulations. Number 0325 WHITNEY HIGHLAND, Staff to Senator Loren Leman, Alaska State Legislature, came forward at the invitation of Chair Dyson to present the changes in Version P [on behalf of the Senate Health, Education and Social Services Standing Committee, sponsor of SB chair of that committee]. MS. HIGHLAND brought attention to title changes. First, "home schooling" has been omitted. Home school programs are currently classified by [EED] as correspondence study programs, she explained; to avoid confusion, "the sponsor" chose to use language parallel to the department's - "home recognized in statute. The new title also includes "centralized correspondence study"; that allows the inclusion of Alyeska Central School, which is not run by school district, but by EED. Statewide school district correspondence study programs are run by school districts, she noted. MS. HIGHLAND turned attention to page 1, lines 4-5, and noted the omission of "school district". This allows for inclusion of the Alyeska Central School (ACS). She pointed out that page 1, lines 7-8, includes all entities that conduct statewide correspondence study programs: ACS, charter schools, and school districts. Number 0480 MS. HIGHLAND pointed out that page 2, line 2, replaces "school district" with "governing body". This change Legislative Legal and Research Services to align with statutory language, since "governing body" is defined in statute as being the school board of a borough school district, a city school district, or a regional education attendance area [school district]. On page 2, lines 3-8, ["establish procedures"] is added to better align with the statutory authority of school boards found in AS 14.14.090. MS. HIGHLAND explained that Version P also specifies that school districts have the ability to establish these procedures only in regard to curriculum materials purchased by school districts or governing boards, and not those purchased [with private funds]. Version P also provides that a procedure be in place for school boards to approve or disapprove home-designed courses and [to establish procedures] for the evaluation of student work. She concluded that these changes ultimately give the authority to establish procedures to local school boards, not to the department. She added that on page 2, line 9, "district" is defined. In statute, "district" means a city or borough school district or regional educational attendance area. Number 0610 REPRESENTATIVE STEVENS moved to adopt Version P, 22-LS1494\P, Ford, 3/18/02, as a work draft. There being no objection, Version P was before the committee. CHAIR DYSON announced the intention of addressing the fiscal note and holding the bill pending the actions [of EED] and review of the EED regulations. He stated that [Version P] brings the bill into conformity with the Senate version 346]. changes, but was informed that no one was.] Number 0710 CHAIR DYSON related his belief that because the bill has been significantly altered, the committee is justified in zeroing out the fiscal note. He offered assurance that plenty of time would be granted for the department to draft a new fiscal note, should the committee revisit 464. REPRESENTATIVE JOULE objected for purposes of discussion. He asked about the difference between the zero fiscal note and the fiscal note prepared by EED. CHAIR DYSON offered his understanding that when the [EED] fiscal note was prepared, the bill made it the responsibility of the department to conduct all the review required therein; this was before the bill was modified to give review responsibilities to the [program's governing body]. He suggested that is a fair justification for modifying the fiscal note, but asked Ms. Highland whether his statement was correct; he then observed that Ms. Highland had gestured her concurrence. Chair Dyson asked Representative Joule if he maintained his objection. Number 0820 REPRESENTATIVE JOULE replied no, but requested to see the [earlier EED] fiscal note. CHAIR DYSON suggested that Representative Joule wait to see [a forthcoming fiscal note from EED for Version P], and whether the committee chose to take action on the bill. CHAIR DYSON announced that there being no objection, the fiscal note was zeroed out. He also announced that 464 HB CHAIR DYSON announced the next order of business, HOUSE BILL NO. Number 1010 REPRESENTATIVE COGHILL, sponsor of AS 18.07.041 AS 18.07.041; Section only to those CON applications filed on or after the effective date; and Section 13 is an immediate-effective-date clause. Number 1477 REPRESENTATIVE COGHILL requested that testimony on HB arguments and to evaluate relevant correspondence. REPRESENTATIVE COGHILL concurred. Number 1799 ELMER LINDSTROM, Deputy Commissioner, Department of Health and Social Services (DHSS), came forward and told members, "I'll be more than happy to muddy the waters for you on this one." He explained that the CON program impacts the department in several ways on different levels, which is confusing. He said DHSS operates the CON program, which consists of one employee in the facility section of the Division of Administrative Services. MR. LINDSTROM referred to the sponsor's mention of the federal government's creation of, and subsequent backing away from, the CON program. This is not all the federal government backed away from, Mr. Lindstrom pointed out. When the CON program was created in Alaska and many other states as a result of federal law, a range of health-planning activities went along with it. States were expected to have a state health program; funding went into regional health planning. He said, "All of that superstructure has disappeared over time. In fact, we have not had a state health plan written ... since, I think, 1983." The resulting lack of current health data precludes a thorough evaluation and well-reasoned findings with regard to the review of CONs, he indicated - a job that is difficult without this information. Number 1902 MR. LINDSTROM offered another department perspective: the department pays substantial health care costs, primarily through the Medicaid program, which insures about one of every six Alaskans. For certain types of facility-based services including long-term care or nursing home beds, DHSS is, for all practical purposes, the payor. A non-Medicaid-eligible person upon entering a nursing facility will likely become Medicaid- eligible within several months because assets will be spent down; in all likelihood, this person will end up on Medicaid. MR. LINDSTROM reported that DHSS pays 85 percent of the costs for nursing home beds in Alaska. It is also a primary payor for acute-care psychiatric beds; generally, more is spent for children's services than for adults, but for all psychiatric care the state is the major payor. On the other hand, DHSS is not the major payor for other kinds of acute-care costs; it covers 20 percent of the market. Consequently, DHSS is concerned about the CON programs' maintaining integrity for cost-containment purposes proportionate to the amount the department pays. He said, "We're very concerned about long-term care costs and controlling ... the number of nursing home beds and the number of psychiatric beds. We are, as a payor, less concerned about certain other types of care." Number 1980 CHAIR DYSON asked, "Your worry is that with competition ... those providers might not ... have a large enough share of the market that they can make a living, so they jack their rates up, and your costs will go up?" MR. LINDSTROM replied, "That's true." He had broached another complex issue, the Medicaid rate-setting system for facilities; he acknowledged he was not an expert in that field. Capital costs become part of a facility's rate, he explained; to the extent a community overcapitalizes the system, inefficiencies are brought into the system and are reflected in the rate paid to the facilities through Medicaid. MR. LINDSTROM returned to the subject of the CON from the department's perspective - specifically, the public health perspective. He said DHSS is concerned about access to health care throughout the state. The CON provides a process for communities to rationally plan and understand what type of health care is needed in that community; the department thinks this is a good process. Number 2053 CHAIR DYSON asked whether Alaska has examples where the presence of too many providers is driving up costs. MR. LINDSTROM offered to find out. Number 2075 MR. LINDSTROM noted that Section 1 of the bill differentiates between larger and smaller communities in determining whether a CON is required. He offered the department's concurrence that Anchorage, Fairbanks, and the Matanuska-Susitna ("Mat-Su") area would be exempt from the requirement for CONs, except for nursing home facilities and some construction of psychiatric beds; he noted the department's support for that change. Intuitively, he offered, one would acknowledge that the market in Anchorage is very different from the market in a small, rural community. He said, however, that the department also believes the Anchorage market significantly differs from the Fairbanks market; likewise, both differ from the market in the Mat-Su area. Number 2128 MR. LINDSTROM said the department doesn't have the data, understanding, or capacity to finely understand those distinctions. "We can't tell you whether or not it makes sense to make this distinction," he said. He reiterated that lumping the larger markets together makes sense intuitively. Would it hurt the local hospital in Fairbanks or Mat-Su if there were a [large] freestanding ambulatory surgical center? He said he couldn't answer that question; as a result, the department has some reservations. Number 2162 REPRESENTATIVE CISSNA offered her belief that the health care industry is the fastest-growing sector of the private economy. MR. LINDSTROM replied, "I believe that's true." response, he said this lack of data is, sadly, not unique; the capacity DHSS once had for planning and the ability to understand these issues no longer exists. The department no longer has the ability to gather, sort, and understand that information. He reiterated that the state has not written a health plan since 1983. CHAIR DYSON noted that he wished to hear from other witnesses as well. He asked Mr. Lindstrom, following Representative Wilson's next question, to summarize the department's concerns; he said Mr. Lindstrom would have other opportunities to present input. Number 2230 REPRESENTATIVE WILSON said 14 states have repealed the CON program. She asked if Mr. Lindstrom had been in contact with any of these states to find out the consequences of the change. MR. LINDSTROM replied that on a number of occasions this issue has been raised; the department has looked into it to summarize what other states are doing. He expressed uncertainty about the number of states that have repealed the CON program, but reported that the data indicate "the significant majority" of states have retained the CON program. The [CON] criteria widely vary in different states for facility types and [need] thresholds, among others, but most states still have a certificate of need program. Number 2274 REPRESENTATIVE WILSON surmised that one reason is that these states haven't gotten around to repealing the CON programs. She expressed interest in discovering the results in states that [have repealed the CON]; have Medicaid costs increased, for example? MR. LINDSTROM replied that the department would give it another look. He referenced several studies with conflicting conclusions on effects [of discontinuing the CON program]. MR. LINDSTROM returned to his analysis of the bill. He said Section 1 is missing an amendment to [AS] 18.07.031(b), which speaks only to nursing home beds; it prohibits the conversion of any type of bed - assisted living, acute care, or other - to a nursing home bed without a CON, regardless of the cost. Perhaps this could be a new Section 2, he suggested. He said this concern was based on the department's role as the primary payor for nursing home beds. He suggested that similar language related to acute psychiatric care might also be appropriate. He referenced a suggestion from an unspecified Senate staff person that this might need to be more finely tuned than that; it might need to preclude conversions from adult psychiatric care to psychiatric care for minors. He noted that the department would be glad to address this with the committee. Number 2340 MR. LINDSTROM noted that Section 2 relates to facility replacement; this would most likely come into play should a facility be destroyed. He said the department's reading of [Section 2] includes facilities that have reached the end of their useful life; this would be a more common occurrence than destruction by fire or earthquake, for example. He said: Intuitively, it makes sense, I guess, that if we've been going along with a facility in a community at "X" number of beds and offering this array of services, that if they want to continue to do that, ... why should they go through a certificate of need? But, on the other hand - wearing the public health hat, and the notion of having some sense of what is really appropriate for a community - saying that it should just be replaced assumes that what's there now makes some sense. TAPE 02-24, SIDE B MR. LINDSTROM noted that Alaska has a number of very small hospitals; unlike in most states, these have not been closed, but many are "hanging on by a thread." He asked whether it makes sense for the state to tell these hospitals to go ahead and replicate the current model that is not working very well. He suggested it might make more sense for a community to go through some sort of intelligent process to ask what sort of facility the community really needs, and can afford. He said Section 2 would allow communities to beg that question, and that DHSS isn't certain it is a good idea. MR. LINDSTROM told members that DHSS needs to review the timeframes in Section 3. He said he was uncertain whether the department would have objection to Sections 3 and 4. He expressed his opinion that Section 5 is "quite good." referenced the proposed repealed language [in AS 18.07.041]; that standard existed for everything until several years ago, when the legislature created new, more rigorous, standards for nursing homes; the department wanted to see this happen because it is the [primary payor] for nursing homes. He offered that the department believes these standards are applicable to other types of facilities, and that it would support having these be put into statute. He added that the standards may need "a tweak or two" from the department's perspective. Number 2305 CHAIR DYSON asked whether the department would have brought this forward if the sponsor hadn't done so. MR. LINDSTROM said he didn't believe so. The department has many other priorities, and this wouldn't have risen to a level requiring pursuit. CHAIR DYSON asked Representative Coghill whether he had discussed the aforementioned items with the department. REPRESENTATIVE COGHILL said no; he expressed reluctance to include some of the items in [Version F], but agreed that the discussion would take place now that the department is present. He expressed his appreciation for Mr. Lindstrom's stated concerns, which give him a better understanding of [the issues from the department's perspective]. Number 2240 JEROME SELBY, Regional Director; Planning, Development, and Advocacy; Providence Health System in Alaska ("Providence"), explained that he was currently working in Kodiak. In response to Chair Dyson, he affirmed that he had reservations about the bill, but said there are some good provisions. He indicated that the Hospital Association provided some of the suggested [language in Version F]; he expressed appreciation for the sponsor's incorporating these suggestions. He said he wished to offer a technical change to Section 2 and then focus on the major concern that [Providence] has with the bill. CHAIR DYSON suggested that Mr. Selby address the technical change with Representative Coghill [later] because the committee would not [move] the bill at this hearing. He noted his interest in hearing Mr. Selby's major concerns about the concept of modifying the certificate of need. Number 2200 MR. SELBY reported that the major concern he referenced is the issue of the 55,000-population criterion. He noted [Providence's] inability to find how that figure relates to "the real world." He suggested that allowing a "feeding spending money for unnecessary medical facilities in Alaska's three largest communities will reap a cost to the state that far exceeds any fiscal note the committee has yet seen. He expressed concern that [CONFIRMATION HEARINGS University of Alaska Board of Regents CHAIR DYSON announced the next order of business, the confirmation hearings for appointees to the University of Alaska Board of Regents. Number 1921 MARK BEGICH, Appointee to the University of Alaska Board of Regents, testified via teleconference. He told members he was interested in serving on the board for a variety of reasons. First, the university system throughout the state is a huge opportunity for economic development as the state continues to move in new directions; the university will not only serve as a potential catalyst, but can serve as a training ground for many of those related jobs. He explained that his last five years he has served as the chair of the student loan corporation. He has worked with the administration and the legislature through this position in a bipartisan approach to improve the performance of the student loan corporation, from its dismal situation five or six years ago, to today's position as a successful corporation producing a revenue stream back to the state; it offers lower interest rates and more opportunities for students to further their education. He offered that the skills he was able to use in that role could be brought to the Board of Regents to work with higher education. Number 1848 MR. BEGICH noted that he has worked the past eight months on a temporary basis with the board. One area of strong interest to him is the development of a strategic plan for the university as a statewide system. He said the board embarked on a program two months ago, at a retreat where he chaired the planning and development committee to begin the strategic planning process; this process will engage the community around the state, as well as the university campuses, in determining what is the best focus of energies to ensure the system is the best possible for Alaskan students. MR. BEGICH concluded by saying he is a big supporter of education, which he believes is an important component for economic growth in the state. He has spent many years focusing on issues surrounding youth and working in the field of education, he said, noting his desire to dedicate his skills and time toward helping the university and the state with higher education. He related his excitement at the incredible opportunity for the education system, and said he wants to contribute in some way. Number 1799 REPRESENTATIVE STEVENS asked Mr. Begich to discuss his commitment to the mission of the community college concept. MR. BEGICH noted that this issue was addressed at the retreat. He indicated he likes to talk about the university as an evolution. He offered his view that there is a desperate need to deal with needs in local communities. For example, two- thirds of the students attending the University of Alaska Anchorage (UAA) are not necessarily full-time, four-year-degree students; rather, they are seeking additional education to improve current job situations, change jobs, or acquire new skills to reenter the job market. MR. BEGICH suggested this is more than a [community college concept], and is an important part of the university system. For students who want to change or advance their careers, this means [addressing] some sense of the corporate college or corporate component that UAA and other campuses have. He offered his belief that these are important components, and said the satellite campuses are very important to the system. Number 1716 REPRESENTATIVE STEVENS commented that Alaska is facing an enormous teacher and nursing shortage. He asked Mr. Begich about his intentions to resolve those shortage issues. MR. BEGICH replied that before coming online he'd listed four job classes that are currently recruiting outside of Alaska: police/public safety officers, fire and paramedic personnel, nurses and other health care professionals, and teachers. These are fairly well-paying jobs, but out-of-state recruitment levels [are high], which isn't a good thing. The university has an incredible role beyond its current role of recruiting students from high school to the system, he added. MR. BEGICH mentioned working hand-in-hand with K-12 education to help to focus young people on career paths that are available in Alaska, well paid, and abundant. He said it is not just a matter of the university working in isolation to create appropriate programs; rather, it is critical to work with K-12 education so students are, early in high school, thinking about the university system to get a teaching certificate or a juvenile justice degree to become a police officer or specialist. This is his approach, he noted; it is a system connected with the rest of the education community. Number 1627 REPRESENTATIVE JOULE asked him to expound on the role of the satellite [programs] around the state and how to capitalize on these. MR. BEGICH replied that, frankly, he is still learning about the system; he is attempting to visit some of the rural locations for graduation ceremonies and to learn more about the needs of the satellite programs. He indicated there are opportunities that might be more cost-effective; for example, rather than creating a new program in the urban areas, [the system could] enhance what exists in some of the satellite locations and train people for job opportunities that exist there, or increase students' education attainment level. He said he doesn't have specific plans, but is in a "learning curve"; he offered his belief that there is value in these programs and that they are an integral part of their communities. He suggested that they can become more connected by creating job opportunities, and that urban students might want to go to the satellite [programs] for specialized training. Number 1551 REPRESENTATIVE CISSNA noted that [Mr. Begich] is in her district, and that she has known his family most of her 35 years in the state; she has attended a number of the same community councils for the past ten years with him. She referenced his resume and pointed out that items relate to at-risk children and include his participation in the programs; for example, he plays basketball with kids at the McLaughlin [Youth Center]. She suggested he is committed to making sure youths in the state have a decent chance [at success]. REPRESENTATIVE WILSON explained that the core classes, from one university campus to the next, are different. This makes it difficult for students wishing to transfer from one campus to another. She asked Mr. Begich for his thoughts on making core classes such as English more standard across the state to facilitate smooth transfers. MR. BEGICH replied that this matter was recently addressed. He said this seems like a simple question, but has an answer that is more complicated than he believes it should be. He said the board has asked him to serve on the academic affairs committee, which likely will address this issue. It is not only difficult to transfer credits from one campus to another, it will be a critical as the university moves into web-based education programs. MR. BEGICH said, "You don't want to be in a situation where, when someone is applying to get a degree from the University of Alaska, ... they have to now be concerned about is that ... class that I'm taking online, is it UAA or is it UAF [University of Alaska Fairbanks]?" This creates a problem and isn't seamless to the student. He explained that the primary consumer is the student. Some of these processes are not very student- oriented in the sense of making it easy to move within the system. He indicated this would be a priority for him. This is especially important for our mobile population; the credits need to be transferable, especially in the core classes. "English different," he concluded. Number 1314 REPRESENTATIVE KOHRING expressed appreciation to [Mr. Begich] for his commitment to the community and the state, noting that he has followed Mr. Begich's public service career over the years. He thanked Mr. Begich and conveyed his certainty that he would serve as a regent in an exemplary manner. Number 1251 MARLENE JOHNSON, Appointee to the University of Alaska Board of Regents, testified via teleconference. She noted her interest and involvement in education in Alaska, particularly rural Alaska. Originally from Hoonah, where she was on the school board for 26 years, she has served in different capacities for the university system, including being a regent for the university foundation and serving on the School of Fisheries and Ocean Sciences advisory committee for eight years, until she was appointed to the Board of Regents. She explained that she has been involved in youth and education program: she served on Governor Hammond's early childhood committee, Governor Cowper's commission on children and youth, and the statewide Head Start board. She explained that the Board of Regents is an opportunity to help with the recruitment and retention of rural Alaskan students in higher education. REPRESENTATIVE STEVENS remarked that he appreciates Ms. Johnson's service. He asked for her intentions in the area of fisheries and ocean sciences if she is appointed to serve on the Board of [Regents]. MS. JOHNSON replied that the School of Fisheries and Ocean Sciences has an opportunity to become one of the most important economic development functions for Alaska. She offered that fisheries has an important role in employing so many people in the state; the school is needed at this critical time for the salmon industry. She noted that she would be the liaison from the board to the school. CHAIR DYSON thanked Ms. Johnson for her service. Number 1080 JOSEPH HARDENBROOK, Appointee to the University of Alaska Board of Regents, testified via teleconference, noting that he is a student at UAF who came to Alaska in 1996 as a National Merit Scholar. He reported that since he has been a student at UAF, he has been active in local and statewide student government, developing student campaigns for full funding for the university system. MR. HARDENBROOK said he has sought to focus on partnering his learning with service at the university; he has served in several student government roles, the UAF honors program, the UA Foundation, the Alaska 20/20 conference, and several committees and working groups at the university. He said, "I've really tried to make service an integral part of my education, but at the same time trying to focus on my academic achievement as well." He explained that he has maintained a 3.6 grade-point average and has made the dean's or chancellor's lists all but one semester. MR. HARDENBROOK offered that the reason he seeks to serve on the board is to focus on the quality and accessibility of higher education in Alaska. He expressed his belief that the role of the student regent is to bring a student perspective to the board and to work with students as the university develops. This "changing face of higher education" includes a focus not only on bachelor's, master's, and Ph.D. degrees, but also on continuing education that is so important for a developing state like Alaska, he explained. He concluded, "I'm really excited about the University of Alaska and what it offers to the state. That's the reason why ... I'm always eager to come down to Juneau and talk to you folks about how important the university is to me and to the other students that I interact with on a daily basis." Number 0970 CHAIR DYSON asked [Mr. Hardenbrook] where he was from originally. MR. HARDENBROOK answered that he graduated from high school in Idaho. In further response, he said he plans to receive a bachelor's degree in May in political science, and an associate's degree next year in culinary arts. Number 0932 REPRESENTATIVE STEVENS noted his appreciation for the time [Mr. Hardenbrook] has spent and will spend in service. He asked about any areas that Mr. Hardenbrook perceives the university should be moving, but is not. MR. HARDENBROOK offered his impression that the university needs to focus on accessibility of higher education. In many other states, when one talks about a college degree, one focuses on the costs. In Alaska, however, the typical student is not a 19- year-old fresh out of high school, living in the dorm, and eating in the cafeteria; rather, he/she is a single parent or someone working full-time taking courses on the side. Accessibility in Alaska means having the courses available when the students need them, he pointed out. This is a matter that the university has begun to address, but it needs to continue. It is a matter of looking at when courses are offered and using distance-delivery options. CHAIR DYSON remarked, "We hope you stay in the state." [Although there was no formal motion, the confirmations of the three appointees were treated as advanced from committee.] HB CHAIR DYSON announced the next order of business, HOUSE BILL NO. in the public schools." Number 0799 REPRESENTATIVE CON BUNDE, Alaska State Legislature, presented 408 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 surgery." Whereas parents were specifically added to the process previously - upon the request of parents - "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 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 408, Version 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. having read HB 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 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. 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 bureaucracies. She requested that members support parents' rights and vote "do not pass" on HB MR. BLOCK related his belief that moving away from the balance seems to be based on the assumption that the protections 408 will 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 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 408, noting survey mentioned was her main reason for supporting introduction of HB 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 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 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." 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 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 explained. "We don't work for anybody. They're 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." told members that recent passage [by Congress] of President Bush's "leave no child behind" education 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 CHAIR DYSON announced the final order of business, HOUSE BILL NO. 338, "An Act making a special appropriation for a grant to Boys and Girls Clubs of Southcentral Alaska for a youth suicide prevention program; and providing for an effective date." 338 was Standing Committee.] TAPE 02-25, SIDE B Number 2272 JOHN OATES, Chief Executive Officer, Boys & Girls Clubs of Southcentral Alaska, explained that HB Number 1846 CHAIR DYSON informed Mr. Oates that he would be afforded plenty of notice of another hearing, and suggested that he find four committee members and work with them until they are comfortable about passing [the bill from committee]. He added that the committee needs to inquire of the Suicide Prevention Council. REPRESENTATIVE WILSON concurred with Representative Joule. 338 ADJOURNMENT There being no further business before the committee, the House Health, Education and Social Services Standing Committee meeting was adjourned at 5:37 p.m.

Document Name Date/Time Subjects