CALL TO ACTION ON HB2159

CALL the CHAIR Phone: 785-296-7488
Email: brenda.landwehr@house.ks.gov

and VICE-CHAIR Phone: 785 296-8621
Email: John.Eplee@house.ks.gov

of the Health and Human Services committee and express your high displeasure with their hearing of HB2159 – a bill SPONSORED BY the committee.

Once again, PARENT AUTHORITY and the PROTECTION OF CHILDREN’S DATA is being ATTACKED.

HB2159 — AN ACT concerning schools; relating to the student data privacy act; certain tests, questionnaires, surveys and examinations; permitting the administration thereof on an opt-out basis; providing conditions therefor; amending K.S.A. 72-6316 and repealing the existing section.  hb2159_00_0000.pdf (kslegislature.org)

Sponsored by the committee on Health and Human Services.

Chaired by Rep Brenda Landwehr

Vice Chaired by Rep John Eplee

Two years ago, in 2019, this EXACT bill (HB2361) to DIMINISH parent authority and EXPAND counselling and mental health personnel authority was heard by the Committee on Children and Seniors, chaired by Rep Susan Concannon and vice-chaired by Rep Susan Humphries.  In 2018, a very similar bill (SB389) was heard in the Senate Education committee chaired by Sen Molly Baumgardner.

HB2159:

·        Seeks to CHANGE the authority to administer surveys FROM an affirmative consent on the part of the parent TO a parent only being able to opt out.

·        Seeks to CHANGE the complete authority for the decision to participate in the survey FROM the parent TO an innate assumption of participation, UNLESS a student having been notified that participation is voluntary elects to not participate, OR a parent, upon notification elects to opt out.

·        Seeks to EXPAND the authority of school employees to provide services (which automatically include the administration of tests and forms) to a student WITHOUT the KNOWLEDGE OR CONSENT of the parent, via the ADDED INCLUSION of the services of SCHOOL-BASED MENTAL HEALTH PROFESSIONALS with those of counselors.

·        Promotes and END-RUN AROUND PARENT AUTHORITY.

The provisions in this bill would allow for the administration of the Kansas Communities That Care (KCTC) Student Survey.  Sec 1.(a)(1) of HB2159 provides that a survey does not “record, request or solicit a student to provide any personally identifiable student data.”  If you look an actual copy of the KCTC survey, you will find numerous personally identifying points of data.  And, especially when these data points are considered in combination with one another, you most certainly do have the ability to personally identify survey participants.

ü  This bill DIMINISHES PARENT AUTHORITY

ü  This bill removes strong reverence and respect for parent authority and replaces it with a weakened nod to parent authority; replaces ACTIVE parent authority with PASSIVE parent authority.

ü  There is NO provision in this bill requiring an ACTUAL COPY of the test, questionnaire, or survey be provided to the parent as a part of the initial notification.

ü  This bill allows an END-RUN around parent authority via school counseling services.

ü  This bill does not represent, affirm, or protect the personal private intellectual data of students.

ü  This bill SUBJUGATES INDIVIDUAL RIGHTS to the purported premise of the benefit or need of THE COMMUNITY.

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