Legislature(1999 - 2000)
04/27/1999 04:04 PM House RLS
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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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