SB 8-STUDENT QUESTIONNAIRES AND SURVEYS  2:10:59 PM CHAIR DAVIS announced the next order of business would be SB 8, an act related to student questionnaires and surveys, sponsored by Senator Davis. THOMAS OBERMEYER, Staff to Senator Davis, said SB 8 is an act relating to student questionnaires and surveys. The purpose is to increase participation in the national biennial Youth Risk Behavior Survey (YRBS) in order to meet minimum 60 percent participation required by the Centers for Disease Control (CDC) for the survey to be validated for assessment, recording, and reporting of reliable results. The YRBS will next be administered in the spring of 2011 and 2013. This survey is valuable to all aspects of society dealing with youth. SB 8 would change the parental permission requirement from active to passive. There is ample time and opportunity for parents to review the survey. Students may also independently decline to participate. There is absolute privacy and anonymity. Failure to return parental consent forms is more often due to a lack of interest or attention by parents. Schools and other organizations need the facts and population-based information on student behavior. The YRSB helps guide important health and prevention programs; the survey makes it easier to obtain information on youth risk behaviors. 2:15:39 PM WARD HURLBURT, Director, Division of Public Health, Chief Medical Officer, Department of Health and Social Services, said the governor has concerns about the bill. He said the administration understands the importance of the information obtained, but Governor Parnell has always supported the opt-in provision of current Alaska law. He said the governor has a deep commitment to strong Alaskan families, and believes that the current law fosters engagement of parents with their children's lives. 2:17:50 PM EMILY NENON, Alaska Government Relations Director, American Cancer Society Cancer Action Network, said they support the bill. She has followed the issue for several years. She researched the 1998 Alaska statute on this issue and the changes made in the 1999 statute. This bill does not take Alaska back to where we were before the law was changed. In 1999 the law was strengthened to protect the privacy of students and families. SB 8 keeps those protections in place. Allowing parents to opt out rather than actively opt in makes the survey more workable. 2:20:11 PM PETER HOEPFNER, School Board President, Cordova, testified in support of SB 8 and said that students are able to answer honestly. This anonymous and private survey is a good way to see what is going on. The schools use the information obtained to try to identify issues and use preventive education. This survey needs to change to passive consent. Kids don't always bring permission slips home, and the form doesn't always get turned in on time. This survey provides an excellent way to see what is going on. 2:21:49 PM RYAN KAUFMAN, Sitka, testified in support of SB 8. He said he had experience as an administrator for YRBS. He stated the majority of parents approve of students participating in the survey. The existing opt-out law is adequate for the minority who would deny permission. The response rate for permission forms is very low and this is a major barrier to collecting accurate data. Schools need quality data to provide quality services. The YRBS also serves as a test for those providing services to reduce risk behaviors; it is a powerful source of data. Confidentiality is of major importance to parents and students. This comes down to the goal of providing the highest quality services. We need accurate data; the ultimate goal is healthy and successful youth. 2:25:11 PM BRUCE JOHNSON, Executive Director, Alaska Council of School Administrators, said the council supports SB 8. The YRBS is an important piece of data for school districts to use in developing and modifying programs. The more information they have, the more likely they can prevent risky behaviors. 2:26:29 PM CHRISTINA VAN CLEEVE, Alaska School Nurses Association, a school nurse in the state for 20 years, testified in support of SB 8. She said passive consent works. Motivated parents who do not want the survey will let the school know. Schools are being asked to do more with less money, and this information is crucial to applying for grants. She noted the YRBS also measures healthy behaviors. 2:28:17 PM CHAIR DAVIS closed public testimony on SB 8. She said that in the Education committee, an Anchorage School District representative gave a run-down on the survey and how it was administered. She noted the student can also opt out of survey, as late as the day of the test. This survey provides important information. The opt out provision has worked in previous years; SB 8 is not an anti-family bill, it is actually pro-family. 2:30:08 PM SENATOR DYSON said this is a very significant policy decision. The issue is whether to be guided by pragmatism or by the ideals of parental control and rights to privacy. He believes the only school district that has had problems with getting a good sample is Anchorage. Others did not have difficulty. He noted that schools require permission for 19 different things, and have no trouble getting active parental consent for things like field trips and sports. He also opined that a major reason for introduction of SB 8 is grant money. Grants require an objective standard for showing a program is successful and making progress. Money is the major motivation. Federal law says that all surveys must have parental consent. This doesn't exclude anonymous surveys. United States Code 1232(h) says "No student shall be required as part of any application program to submit to a survey, analysis, or evaluation . . ." without parental consent. If we change this to passive consent there will definitely be a court challenge. The major reason that parents resist this survey is they want to protect the innocence of their children. 2:35:38 PM Schools are good at getting permission for other things. This one is not unique. "Do we make it easier to violate parents' control over what their children are exposed to, or not? The choice is to support parents' rights or be pragmatic and pull down money." 2:36:40 PM CHAIR DAVIS said she would have appreciated having Senator Dyson's comments before the meeting. She noted this bill does not preclude parents from deciding if their children should participate. They can still make their wishes known. Even the child can refuse to take the test. "How can this be anti-family or anti-parental control?" The state needs this information not just for money; it also needs the data in order to provide services that families and children need. This is valuable information. The information is not shared; it goes directly to Atlanta, where the surveys are scored and returned. SB 8 is not just about money. 2:39:34 PM SENATOR EGAN moved to report SB 8 from committee with individual recommendations and attached fiscal notes. SENATOR DYSON objected. A roll call vote was taken. The motion to move the bill from committee passed 3:1 with Senators Egan, Meyer and Davis voting yea and Senator Dyson voting nay. Therefore, SB 8 moved from the Senate Health and Social Services Standing Committee.