HF 1778

as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2015 04:34pm

A bill for an act
relating to education; establishing notice requirements for student surveys and
similar instruments; proposing coding for new law in Minnesota Statutes,
chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [121A.24] REQUIREMENTS FOR STUDENT SURVEY AND
SIMILAR INSTRUMENTS.
new text end

new text begin (a) Unless the prior written informed consent of the parent or legal guardian of a
minor or dependent child is obtained through a signed and dated document, a school
district shall not administer or permit to be administered to a student, and a student
shall not participate in, an academic or nonacademic survey, questionnaire, assessment,
analysis, evaluation, or similar instrument that solicits information concerning:
new text end

new text begin (1) political affiliations or beliefs;
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new text begin (2) mental or psychological problems;
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new text begin (3) sexual behavior or attitudes;
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new text begin (4) illegal, antisocial, self-incriminating, or demeaning behavior;
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new text begin (5) critical appraisals of another individual;
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new text begin (6) legally recognized privileged or analogous relationships, such as those with
a lawyer, physician, or minister;
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new text begin (7) religious practices, affiliations, or beliefs; or
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new text begin (8) income.
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new text begin (b) Between 15 and 30 scheduled school days before the anticipated administration
of a survey or similar instrument to a student, a school district shall:
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new text begin (1) notify the parent or legal guardian in writing of:
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new text begin (i) the expected administration date of the instrument;
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new text begin (ii) the information that will be solicited through the instrument;
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new text begin (iii) how the results of the instrument will be utilized; and
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new text begin (iv) the persons or entities that will have access to the results of the instrument;
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new text begin (2) provide for a hard or electronic copy of the instrument to be readily available to
the parent or legal guardian; and
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new text begin (3) obtain the signed and dated written consent of the parent or legal guardian before
a student is allowed to participate in a survey or similar instrument.
new text end

new text begin (c) The governor shall establish or designate an office and review board to investigate,
process, review, and adjudicate violations of the rights established under this section.
new text end

new text begin (d) A school district that violates the provisions of this section shall be subject to
monetary penalties that may include, but are not limited to, withholding or forfeiture of
funding under section 127A.42.
new text end

new text begin (e) A parent or guardian seeking to compel a school district to comply with this
section also has available the civil remedies under section 13.08, subdivision 4, in addition
to other remedies provided by law.
new text end