SB 101-STUDENT QUESTIONNAIRES AND SURVEYS  3:57:29 PM CO-CHAIR HERRON announced that the final order of business would be SENATE BILL NO. 101, "An Act relating to questionnaires and surveys administered in the public schools." 3:57:59 PM SENATOR BETTYE DAVIS, Alaska State Legislature, offered to present the bullet points of the bill. 3:58:59 PM TOM OBERMEYER, Staff to Senator Bettye Davis, Alaska State Legislature, explained that SB 101 strengthens current parental notification provisions on the Youth Risk Behavior Survey (YRBS) as it allows for passive parental consent to student participation in the YRBS, ensures two week advance notification, and allows parents to choose not to participate. He explained that the YRBS was a voluntary, anonymous, school based survey of high school students, developed by the Centers for Disease Control (CDC), and administered every two years. He stated that current law required a signed permission slip from the parents, which hindered the data collection, as many of the permission slips were not returned. He acknowledged the importance of parental support and engagement, and the need for parents to be kept informed and involved. He stated that SB 101 balanced the parental need for information with the state's interest to protect children from high risk behavior. He shared that the Anchorage School District had barely met the necessary minimum participation for the 2009 YRSB survey, and that SB 101 would endeavor to change this. 4:02:10 PM SENATOR DAVIS asked if the committee would like a synopsis of SB 101. 4:02:25 PM CO-CHAIR HERRON replied that he would listen to public testimony. 4:02:39 PM REPRESENTATIVE LYNN asked if there was a loss of federal money if there was not a minimum return of surveys. MR OBERMEYER replied that there might be a loss of money for non-participation. REPRESENTATIVE LYNN asked to clarify that there was money for the school districts for minimal participation in YRBS. SENATOR DAVIS replied that it was necessary for 60 percent participation, as that threshold determined that organizations did receive money. She pointed out the importance of the data. 4:05:07 PM CO-CHAIR KELLER noted that some testimony reflected concern with sharing private family information. He said that the question was not about the value of the data, but that passive permission was the default position for the sharing of private information. He stated that the data was good, but he expressed his concern for the lessening of privacy. 4:07:31 PM SENATOR DAVIS, in response, emphasized that SB 101 did not lessen privacy. She stated that the permission letter would be mailed, not sent home with the student. She said this was not the only survey given in the schools. She emphasized that both the parent and the student had the right to deny participation. She stated her support for parental rights. She declared that there were other obligations, as well. 4:09:30 PM CO-CHAIR KELLER offered his belief that privacy was the main issue with the bill. 4:09:50 PM REPRESENTATIVE T. WILSON asked why the parental consent slip signed during school registration was not sufficient in Anchorage. 4:10:15 PM MR. OBERMEYER, in response, offered his belief that this permission slip was offered in August and that the anonymous surveys required two week's notice. He pointed out that SB 101 included a long notification process. He noted that the issue was both legal and procedural. 4:12:18 PM REPRESENTATIVE T. WILSON asked if there were federal requirements regarding notification time. SENATOR DAVIS replied that this referenced state law, not federal law. MR. OBERMEYER said that the process was already a state law, and that SB 101 was asking to allow non-response as consent for this survey. 4:13:07 PM REPRESENTATIVE T. WILSON asked why the current system of permission during school enrollment was not acceptable. 4:13:59 PM SENATOR DAVIS, in response to Representative T. Wilson, explained that there had been insufficient returns. She reiterated that SB 101 would not take away parental rights. 4:15:00 PM REPRESENTATIVE HOLMES recalled that parents were encouraged, but not required, to show up at registration. 4:15:43 PM CO-CHAIR KELLER asked if there was evidence that receipt of federal money had been hindered because of the current law. 4:16:13 PM SENATOR DAVIS said that she was more concerned with collecting the survey data than about receiving the money. 4:16:51 PM CO-CHAIR HERRON referred to the information in the committee packets. 4:17:14 PM RYAN KAUFFMAN said that he was the local coordinator for the YRBS survey in the Sitka School District. He opined that a high response rate gave a clearer picture for the necessary services. He pointed out that an incorrect distribution of service funding was equivalent to a loss of revenue. He reminded the committee that the YRBS was anonymous, which was the highest priority. He recollected that twenty percent did not respond, ten percent of students were absent or travelling, and eight percent had opted out. He said that the passage of SB 101 would translate to the saving of many man-hours and dollars necessary to collect the permission. He offered his belief that signatures had to be collected two weeks prior to the survey. He stated that many parents did not return paperwork, even at the beginning of the school year. He pointed out that most parents were supportive. 4:21:54 PM REPRESENTATIVE LYNN asked if any federal money was tied to the percentage of surveys returned. CO-CHAIR HERRON confirmed that Ms. Owen was better suited to answer that. 4:22:35 PM MR. KAUFFMAN, in response to Representative Holmes, said that parents were not required to show up at registration. 4:23:05 PM REPRESENTATIVE T. WILSON asked how children were registered at the school. MR. KAUFFMAN opined that students were re-enrolled from the prior year. 4:23:52 PM REPRESENTATIVE T. WILSON offered her belief that the law stated that at least two week's notice be given prior to the survey, so that the permission could have been collected at the beginning of the school year. She asked if this would have made things easier. MR. KAUFFMAN replied that school registration was a very difficult and busy time, and it would be a difficult time to organize a large survey. 4:24:43 PM CO-CHAIR KELLER clarified that AS 14.03.110(b) allowed for anonymous survey permission to be obtained annually, and was valid until the subsequent year. 4:25:40 PM JIM MINNERY, President, Alaska Family Council, declared that they had just finished another statewide parental notification campaign. He said that SB 101 undermines parental rights because it places the burden on the parent to say no. He questioned the content and the usefulness of the data. He opined that it was difficult enough for parents to shelter their children. He suggested that school districts experiencing problems with collecting enough permission should speak with other school districts which have been successful. He stressed that parent's rights were being usurped. He encouraged opposition to SB 101. 4:29:52 PM EMILY NENON, Alaska Government Relations Director, American Cancer Society Cancer Action Network (ACS CAN), testified that after watching this issue for many years, SB 101 maintains and strengthens parental notification provisions, "while improving the opportunities to better serve our youth." She spoke in support of SB 101. 4:30:42 PM MARY FRANCIS, Executive Director, Alaska Council of School Administrators, said that school administrators believed that the information was very important, and could be used for grant purposes. She stated that it was about the data, not any limitation on parental rights. She stated support for SB 101. 4:31:53 PM PAULA EASLEY, Trustee, Alaska Mental Health Trust Authority, reported that the trustees supported allowing student participation in the YRBS, unless the parent or guardian objected in writing. She stressed that students had to also be free to determine their own level of participation. She pointed out that the data ensured for Alaska's health, safety, and prevention programs to be evidence based and properly targeted. She reported that one parent had stated "parents absolutely needed to be aware of other teenager's behaviors and concerns to help them better protect their own children's interests." She referred to the DHSS scorecard which compared national and Alaska data on issues impacting Trust beneficiaries. She expressed the need for accurate and current information. She stated that as a mother, a grandmother, and a conservative, she was a very strong advocate for the protection of privacy rights, but she did not believe SB 101 violated these rights. She stated her support for SB 101. 4:34:35 PM ANNIE DOUGHERTY, Teacher, shared that she had been a teacher in rural and urban schools, and was familiar with the difficulties. She stressed that it was critical to retain active parental permission. She declared that the role as educators was to deliver education, not surveys. She agreed that the data was important, but it was necessary to maintain respect for the parents. She expressed concern for losing students and student funding to private or home schools because of parental dissatisfaction. She opined that SB 101 would create more parental distrust. She emphasized the need for parental participation for student success. She suggested alternate methods for attaining parental permission. She pointed out that children were taught to wait for permission, and not to assume permission when there was not a response. She suggested a query to parents for their response to SB 101. 4:41:46 PM MONICA GROSS, Doctor, said that she was a parent of four teenagers, and that she supported SB 101. She offered her belief that SB 101 supported families and parents, as it was so important for parents to know what was going on with teens. She reiterated that the survey was confidential and that it provided data about teenagers. 4:43:00 PM REPRESENTATIVE T. WILSON stated that the data was for Alaska and "not gonna get what the kids, my kids, hang out with, you don't get that kind of data." She expressed concern for parental awareness. She offered her belief that it was more important to test the [school] programs before they are funded, instead of "how a teenager might check their activity on drugs or suicide." She opined that there was too much focus on the data and not the focus on whether the programs were working. 4:44:09 PM DR. GROSS replied that the "world of teens is rapidly changing all the time." She directed attention to the prior year problem with prescription drug abuse in Juneau, and she stated that the survey offered community data, as well. 4:44:52 PM REPRESENTATIVE T. WILSON asked about the survey revealing a problem with prescription drugs. 4:45:10 PM DR. GROSS expressed the need for constant data updates as the teen world was rapidly evolving. 4:45:29 PM CO-CHAIR KELLER acknowledged the need, and the difficulty, for parents to get the necessary information. He opined that parents would be better informed with active permission. 4:46:20 PM DR. GROSS agreed that in a perfect world, parents would give active permission, but she lamented that often children lose paperwork. She pointed out that not many parents even go to parent teacher conferences. She said that kids now assert more independence, and parents are less involved. She said that if a parent was opposed, they could sign a statement of non- participation. She supported passive permission. 4:47:15 PM PATTY OWEN, State YRBS Survey Coordinator, Division of Public Health, Department of Health and Social Services, said that she was available for questions to the topics discussed. 4:48:15 PM CO-CHAIR HERRON asked for her comments. 4:48:30 PM MS. OWEN said that the process for collecting permission forms was different in each district, with varying success. She explained that districts did not always have the permission on file, and as the law required two weeks' notice, parents were contacted again for permission for the YRBS. She clarified that this was both YRBS protocol and the law. She relayed that there was not any quantifiable loss to federal funding from lack of YRBS data, but that the loss of federal grants for health and education programs was quantifiable. MS. OWEN relayed that CDC has predicted a 50 percent decrease of student response with the request for active parental consent, unless extraordinary measures were taken. She applauded the efforts by school districts to incentivize for the return of the permission slips. She said that lack of return for permission, and sickness on the day of the YRBS, jeopardized the response rate. 4:51:35 PM CO-CHAIR HERRON closed public testimony. 4:52:00 PM REPRESENTATIVE SEATON moved to adopt Amendment 1, labeled 26- LS0524\A.2 Mischel, 2/17/10, which read: Page 2, lines 23 - 24: Delete "guardian notice of the survey" Insert "legal guardian notice of the survey as provided under (d) of this section at least two weeks before the survey is administered" 4:52:08 PM CO-CHAIR HERRON objected for discussion. REPRESENTATIVE SEATON explained that the construction change would include the student's legal guardian and would require inclusion of all eight of the requirements in AS 14.03.110(d) to be met. 4:53:33 PM SENATOR DAVIS said that she had no objection to Amendment 1. 4:53:44 PM CO-CHAIR HERRON removed his objection. There being no further objection, Amendment 1 was adopted. REPRESENTATIVE T. WILSON asked how there could be verification that every parent had been notified. 4:54:15 PM SENATOR DAVIS said that she could not answer that. 4:54:37 PM REPRESENTATIVE T. WILSON said that, currently, permission was needed to be given for the YRBS. She opined that a change in the current system could not guarantee that parents would even know about the YRBS. 4:55:58 PM SENATOR DAVIS expressed her assumption that the procedure would be followed and the permission slips would be mailed two weeks prior. 4:56:57 PM REPRESENTATIVE T. WILSON asked if a better solution would be to mail them out right now. 4:57:12 PM SENATOR DAVIS said that she did not know what procedure each district was currently following. 4:57:34 PM REPRESENTATIVE CISSNA reported that Alaska lead the nation in abuses to children. She opined that the YRBS could address some of these abuses. She offered her belief that the parents who were staying in contact were the parents who would be returning the forms, regardless of the decision to participate or not. She suggested that the parents who did not want their children to take the survey were the same ones who would be protected by the testing. 5:00:38 PM REPRESENTATIVE SEATON stated that the only issue was for parents not responding and not participating in their children's lives. He offered as an example the Challenge Program of the Alaska Military Youth Academy, which wanted to allow the personal contact information for drop outs to be shared on an opt out basis. He offered his belief that the amendment would allow for the protection of privacy for the YRBS, and that this would be the only survey allowing for students to participate without a specific parental approval. 5:02:39 PM CO-CHAIR KELLER said that, currently, a significant number of parents were saying no to participation in the YRBS, yet the data was still being collected. He offered his belief that the bill abrogates the fundamental, inherent, parent rights. REPRESENTATIVE T. WILSON pointed out that it was assumed that parents had received the notice for the YRBS. She said that financial loss was not the issue. She offered her belief that the YRBS should be the survey that most necessitated an active parental consent. She opined that the YRBS was very personal. She expressed the necessity for parents to actively give permission. 5:06:28 PM REPRESENTATIVE LYNN offered his agreement with the comments of Co-Chair Keller and Representative T. Wilson. He applauded the survey intent, but he expressed his dislike for the survey questions. He noted that everyone wanted to stop inappropriate behavior. He expressed concern for the unintended consequences, and he declared that SB 101 took away parental rights. He declared that it was necessary for [active] permission to be granted by the parents for participation in the YRBS. 5:08:51 PM REPRESENTATIVE SEATON moved to report SB 101, as amended, out of committee with individual recommendations. REPRESENTATIVE T. WILSON and CO-CHAIR KELLER objected. 5:09:11 PM CO-CHAIR KELLER commented that the money spent to encourage parental participation for the YRBS was also instrumental for encouragement and engagement to overall parental participation. 5:11:01 PM A roll call vote was taken. Representatives Seaton, Cissna, Holmes, and Herron voted in favor of SB101, as amended. Representatives T. Wilson, Lynn, and Keller voted against it. Therefore, HCSSB 101(HSS) was reported from the House Health and Social Services Standing Committee by a vote of 4-3.