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.