Legislature(1999 - 2000)

04/27/1999 04:04 PM House RLS

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
           HOUSE RULES STANDING COMMITTEE                                                                                       
                   April 27, 1999                                                                                               
                     4:04 p.m.                                                                                                  
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                                 
                                                                                                                                
Representative John Cowdery, Chairman                                                                                           
Representative Brian Porter                                                                                                     
Representative Joe Green                                                                                                        
Representative Gail Phillips                                                                                                    
Representative Reggie Joule                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                  
                                                                                                                                
Representative Pete Kott                                                                                                        
Representative Ethan Berkowitz                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
HOUSE BILL NO. 70                                                                                                               
"An Act relating to questionnaires or surveys administered in                                                                   
public schools."                                                                                                                
     - MOVED CSHB 70(RLS) OUT OF COMMITTEE                                                                                      
                                                                                                                                
(* First public hearing)                                                                                                        
                                                                                                                                
PREVIOUS ACTION                                                                                                                 
                                                                                                                                
BILL: HB  70                                                                                                                    
SHORT TITLE: PUBLIC SCHOOL SURVEYS                                                                                              
SPONSOR(S): REPRESENTATIVES(S) DYSON                                                                                            
                                                                                                                                
Jrn-Date    Jrn-Page           Action                                                                                           
 1/25/99        81     (H)  READ THE FIRST TIME - REFERRAL(S)                                                                   
 1/25/99        81     (H)  HES                                                                                                 
 4/06/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 4/06/99               (H)  HEARD AND HELD                                                                                      
 4/06/99               (H)  MINUTE(HES)                                                                                         
 4/06/99               (H)  MINUTE(HES)                                                                                         
 4/15/99               (H)  HES AT  3:00 PM CAPITOL 106                                                                         
 4/15/99               (H)  MOVED CSHB 70(HES) OUT OF COMMITTEE                                                                 
 4/21/99       896     (H)  HES RPT  CS(HES) NT 3DP 3NR                                                                         
 4/21/99       897     (H)  DP: DYSON, COGHILL, WHITAKER; NR:                                                                   
                            GREEN,                                                                                              
 4/21/99       897     (H)  MORGAN, BRICE                                                                                       
 4/21/99       897     (H)  ZERO FISCAL NOTE (DOE)                                                                              
 4/21/99       897     (H)  REFERRED TO RULES                                                                                   
 4/27/99               (H)  RLS AT  4:00 PM CAPITOL 120                                                                         
                                                                                                                                
WITNESS REGISTER                                                                                                                
                                                                                                                                
REPRESENTATIVE DYSON                                                                                                            
Alaska State Legislature                                                                                                        
Capitol Building, Room 104                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2199                                                                                                      
POSITION STATEMENT:  Testified as Sponsor of HB 70.                                                                             
                                                                                                                                
LISA TORKELSON, Legislative Assistant                                                                                           
Alaska State Legislature                                                                                                        
Capitol Building, Room 104                                                                                                      
Juneau, Alaska  99801                                                                                                           
Telephone:  (907) 465-2199                                                                                                      
POSITION STATEMENT:  Answered questions regarding HB 70 and the                                                                 
                      proposed CS.                                                                                              
                                                                                                                                
ACTION NARRATIVE                                                                                                                
                                                                                                                                
TAPE 99-5, SIDE A                                                                                                               
Number 0001                                                                                                                     
                                                                                                                                
CHAIRMAN JOHN COWDERY called the House Rules Standing Committee                                                                 
meeting to order at 4:04 p.m.  Members present at the call to order                                                             
were Representatives Cowdery, Porter, Green, and Phillips.                                                                      
Representative Joule arrived at 4:06 p.m.  Representatives Kott and                                                             
Berkowitz were not present.                                                                                                     
                                                                                                                                
HB  70-PUBLIC SCHOOL SURVEYS                                                                                                    
                                                                                                                                
CHAIRMAN COWDERY announced that the only order of business before                                                               
the committee would be HOUSE BILL NO. 70, "An Act relating to                                                                   
questionnaires or surveys administered in public schools."                                                                      
                                                                                                                                
Number 0037                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to adopt the proposed CSHB 70, Version                                                              
LS0263\I, Ford, 4/27/99, as the working document before the                                                                     
committee.  There being no objection, it was so ordered.                                                                        
                                                                                                                                
REPRESENTATIVE DYSON, Sponsor of HB 70, Alaska State Legislature,                                                               
informed the committee that a few years ago legislation was passed                                                              
that was thought to clarify that parental consent is necessary for                                                              
questionnaires and surveys of students.  Since that time, the                                                                   
Department of Health & Social Services has expressed interest in                                                                
doing a Youth Risk Behavior Survey which asks some very personal                                                                
questions.  Some parents have questioned this survey.                                                                           
Representative Dyson noted that there have been conflicting legal                                                               
opinions regarding this issue.                                                                                                  
                                                                                                                                
REPRESENTATIVE DYSON said that, originally, HB 70 inserted the word                                                             
"personal" to the legislation passed a few years ago.  The                                                                      
Department of Health & Social Services felt that obtaining active                                                               
parental consent would be too difficult which resulted in                                                                       
Representative Dyson's adaptation of the Utah law.  The Utah law                                                                
allows for once a year parental consent for anonymous surveys and                                                               
requires parental notification in order to allow the parent another                                                             
chance to opt out.  The proposed CS would require annual permission                                                             
for anonymous surveys and active permission for personal questions.                                                             
                                                                                                                                
Number 0285                                                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON informed the committee that when the bill was                                                              
passed out of the House Health, Education & Social Services                                                                     
Committee, persons involved in school counseling expressed concern.                                                             
The concern being that the bill may inadvertently keep school                                                                   
counselors from doing certain counseling.  Those concerns resulted                                                              
in the amendments before the committee today.                                                                                   
                                                                                                                                
REPRESENTATIVE PORTER asked if the blanket written parental                                                                     
permission for surveys for a year is included in the proposed CS.                                                               
                                                                                                                                
REPRESENTATIVE DYSON replied yes.                                                                                               
                                                                                                                                
LISA TORKELSON, Legislative Assistant, Alaska State Legislature,                                                                
directed the committee to Section 1 of the proposed CS which                                                                    
specifies that written consent from a student's parent or guardian                                                              
must be obtained.  She also directed the committee to page 2, line                                                              
31, which says that written consent is valid until the commencement                                                             
of the subsequent school year or until the child completes or                                                                   
withdraws from the course, activity, et cetera for which the                                                                    
parental consent was granted or the authorizing parent or guardian                                                              
provides written withdrawal of authorization.                                                                                   
                                                                                                                                
REPRESENTATIVE PORTER inquired as to the two week notification.                                                                 
                                                                                                                                
MS. TORKELSON explained that the two week notification refers to                                                                
the passive permission.  The blanket, active permission is the                                                                  
parenting actually signing the request.  Then two weeks before the                                                              
survey, notice is sent out and unless something is returned the                                                                 
assumption is that permission is granted.                                                                                       
                                                                                                                                
REPRESENTATIVE DYSON commented that this is a notification.                                                                     
Furthermore, the parents must be allowed the opportunity to review                                                              
the survey if the parent so wishes.                                                                                             
                                                                                                                                
Number 0508                                                                                                                     
                                                                                                                                
REPRESENTATIVE PHILLIPS asked if the amendments provided to the                                                                 
committee were rolled into the proposed CS.                                                                                     
                                                                                                                                
REPRESENTATIVE DYSON stated that what is included in the proposed                                                               
CS is correct.                                                                                                                  
                                                                                                                                
MS. TORKELSON explained that the amendments were provided to the                                                                
Legislative Legal Services as conceptual amendments.  The drafter                                                               
felt that delving into behavioral or ongoing personal counseling                                                                
moved away from the Youth Risk Behavior Survey.  Therefore, Ms.                                                                 
Torkelson agreed with Representative Phillips that the amendment to                                                             
be inserted on page 3, line 9 was not included.                                                                                 
                                                                                                                                
REPRESENTATIVE PHILLIPS inquired as to the amendment to be inserted                                                             
on page 3, line 10.                                                                                                             
                                                                                                                                
MS. TORKELSON informed the committee that the first part of (h) was                                                             
included, but the behavioral problems were thought to be outside                                                                
the purview of the intent.  She noted that the omissions were done                                                              
after speaking with Representative Dyson's office.                                                                              
                                                                                                                                
REPRESENTATIVE JOULE understood that passive permission is the                                                                  
signing of the form and maintains the anonymity of the child while                                                              
active permission tracks the child.  Is the child's confidentiality                                                             
maintained under one of the scenarios?                                                                                          
                                                                                                                                
REPRESENTATIVE DYSON explained that passive permission means                                                                    
sending a paper home with the child that upon return to the                                                                     
teacher, the permission could be granted or denied.  He noted that                                                              
some school districts send the information via the mail.                                                                        
Representative Dyson said that this is referring to anonymous                                                                   
surveys to which the anonymity and confidentiality of the child is                                                              
protected.  When enrolling a student, a parent can provide                                                                      
permission for the year for the child to participate in anonymous                                                               
surveys.  If the survey is not anonymous, active permission must                                                                
also be obtained.                                                                                                               
                                                                                                                                
REPRESENTATIVE JOULE asked if it was considered to be written                                                                   
consent, when a parent returns a form signed.                                                                                   
                                                                                                                                
REPRESENTATIVE DYSON replied yes.                                                                                               
                                                                                                                                
Number 0858                                                                                                                     
                                                                                                                                
REPRESENTATIVE JOULE referred to the second amendment to be                                                                     
inserted on page 3, line 9.  He inquired as to what amount of time                                                              
would be considered "reasonable".                                                                                               
                                                                                                                                
REPRESENTATIVE DYSON clarified that the language to be inserted on                                                              
page 3, line 9 was not inserted in the proposed CS.                                                                             
                                                                                                                                
REPRESENTATIVE PHILLIPS asked if there was any language in the                                                                  
proposed CS which would preclude or provide any parent with an                                                                  
opportunity not to return the federal survey form, PL874.  The                                                                  
PL874 is utilized for the federal funds coming into the schools.                                                                
                                                                                                                                
REPRESENTATIVE DYSON acknowledged that he had never thought of                                                                  
that, but believed the answer to be no.  The PL874 requests the                                                                 
information from the parent which this legislation does not                                                                     
address.  This legislation refers to the receipt of parental                                                                    
permission to receive personal or family information from a child.                                                              
                                                                                                                                
REPRESENTATIVE PHILLIPS pointed out that the PL874 form requires                                                                
family information.                                                                                                             
                                                                                                                                
REPRESENTATIVE DYSON clarified that the PL874 requests the                                                                      
information from the parent.                                                                                                    
                                                                                                                                
REPRESENTATIVE PHILLIPS requested verification that the proposed CS                                                             
does not interfere with the PL874.                                                                                              
                                                                                                                                
Number 0987                                                                                                                     
                                                                                                                                
REPRESENTATIVE PORTER moved to report CSHB 70, Version LS0263\I,                                                                
Ford, 4/27/99, out of committee with individual recommendations and                                                             
fiscal notes as may be attached.  There being no objection, it was                                                              
so ordered.                                                                                                                     
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
There being no further business before the committee, the House                                                                 
Rules Standing Committee meeting was adjourned at 4:18 p.m.                                                                     
                                                                                                                                

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