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Committee hears competing views on restoring opt‑out status for anonymous school surveys (HB599)
Summary
House Bill 599 would restore opt‑out administration for anonymous school surveys while requiring opt‑in when personally identifiable data are collected and carving out mental‑health screenings with required parent notification; supporters argued opt‑out preserves critical public‑health data, opponents warned of privacy and legal risks.
House Bill 599 would designate anonymous student surveys as opt‑out, while surveys that collect personally identifiable information would require opt‑in consent; the bill includes a specific carve-out for mental‑health screenings that would remain available with parental notification and protections.
Representative Melissa Nikolicakos described the bill as restoring opt‑out for anonymous surveys after a prior change reduced participation dramatically in local screenings (citing a Great Falls example). Proponents (school administrators, prevention advocates, the Associated Students group) argued anonymous, opt‑out surveys provide essential data for allocating scarce resources and identifying population trends such as vaping or suicidal ideation. Opponents, including Don Cape of the Coalition for Safety and Justice, urged that physical and mental health surveys be opt‑in to protect privacy and prevent coercion; they warned of potential legal exposure under federal and state privacy laws. Committee members pressed on implementation details: who administers mental‑health screens, whether counselors or teachers, parent notification requirements and whether surveys tied to standardized testing (ACT) require exceptions. The sponsor said mental‑health surveys are administered by counselors or licensed therapists, are protected by FERPA/HIPAA, and that the bill requires counselors to contact parents before speaking to a child about concerns revealed in a screening.
The committee did not record final committee action on HB 599 in the hearing transcript excerpt provided; members asked for follow-up information and expressed a mix of support and caution.
