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Minutes for HB2302 - Committee on Education

Short Title

Requiring school districts to provide copies of certain tests, questionnaires, surveys or examinations prior to receiving consent to administer such test, questionnaire, survey or examination.

Minutes Content for Wed, Feb 17, 2021

Chairperson Huebert opened the hearing on HB2302.  He explained the history of this bill and noted that an identical bill passed the Education Committee unanimously last year but due to Covid-19, it was sidelined and not brought to the floor of the House.  He noted the Fiscal Note has been sent to the members and that there is no fiscal effect from the bill. 

Revisor Nick Meyers gave an overview of the bill and answered questions from Representatives. (Attachment 1)

Linda Highland testified as a proponent.  Based on her history as a teacher, parent and grandparent, she has deep concerns that tests or surveys, such as the one this bill focuses on, are detrimental and focused on negative behaviors.  She provided the complete "Communities That Care Youth Survey" to the Committee.  Mrs. Highland shared some of the questions that focused on drugs, violence, low self worth, feelings towards family, and other questions that were asked to students as young as 6th grade.  She feels that this survey does not solve anything, promotes dangerous lifestyles, drug and alcohol use, violates a student's right to privacy, violates parent/guardian rights and wastes both time and money.  She is challenging this test, and others like it, as being overused, taking away a sense of innocence and goodness from our children, and that parental oversight is needed to correct this negative and invasive process.  (Attachment 2)(Attachment 3)

Morgan Riat testified as a proponent and he explained that he graduated high school in 2017 and remembers taking this test when he was a senior.  He noted that this test, at least in his own case, was not a reliable source of information.  Easy to falsify, these survey tools do not help individual students.  In his experience, coming from a law enforcement family, working with juveniles is a face to face process, and offers young people actual mentoring and support.  These anonymous tests offer no follow up to children who actually may be vulnerable and need help.  (Attachment 4)

Barbara Saldivar, State Director for Concerned Women for America (CWA) of Kansas, affirmed the previous two speakers and explained that the CWA wants to see the quality of education in Kansas restored to a higher level without government mandates that are detrimental to students and their families.  (Attachment 5)

Lisa Huesers testified as a proponent based on her experience as a parent.  She believes that parents' have a fundamental right to exercise primary control over the care and upbringing of her children.  Describing the signing up process of enrolling a child in school, she explained that parents are given the option to allow their children to opt in or opt out.  In a rush, they are asked to make decisions that they have no basis or knowledge of these surveys.  She challenged the notion that these surveys are anonymous.  By having data points, particularly in small communities, it is very easy to identify students.  Parental authority needs to be protected.  She urged the Committee to prohibit the infringement of parents' fundamental right to exercise primary control over the care and upbringing of their children. (Attachment 6)

Nick Reinecker testified as neutral, noting the unintended consequences of allowing students to be medically diagnosed and he discussed the DSM-V and the use of psychotropic medication as ways that the government intrudes into our American way of life.  He feels this bill's intent is to protect the rights and freedoms of individual students and their families. (Attachment 7)

Written Proponent Testimony

Dr. Dusti Howell and Deanne Howell, MS (Attachment 8)

Cori Meseke  (Attachment 9)

There was no opponent testimony.

There was a discussion between the conferees, the Committee and Cheryl Semmel, who works as an advocate for the Olathe School District.  Much of the conversation focused on what is presently the policy in terms of parental authority or involvement with the testing process. 

The Chairperson closed the hearing on HB2302