HF 906

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; establishing notice 
  1.3             requirements for student surveys and similar 
  1.4             instruments; proposing coding for new law in Minnesota 
  1.5             Statutes, chapter 121A. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [121A.24] [NOTICE REQUIREMENTS FOR STUDENT 
  1.8   SURVEYS AND SIMILAR INSTRUMENTS.] 
  1.9      (a) A school district must obtain prior written informed 
  1.10  consent from a student's parent or guardian before administering 
  1.11  an academic or nonacademic student survey, assessment, analysis, 
  1.12  evaluation, or similar instrument that reveals information about 
  1.13  the student or the student's family concerning: 
  1.14     (1) political affiliations or beliefs; 
  1.15     (2) mental or psychological problems; 
  1.16     (3) sexual behavior or attitudes; 
  1.17     (4) illegal, antisocial, self-incriminating, or demeaning 
  1.18  behavior; 
  1.19     (5) critical appraisals of another individual with whom a 
  1.20  student has a close family relationship; 
  1.21     (6) legally recognized privileged or analogous 
  1.22  relationships, such as those with a lawyer, physician, or 
  1.23  minister; 
  1.24     (7) religious practices, affiliations, or beliefs; or 
  1.25     (8) income or other income-related information required by 
  2.1   law to determine eligibility to participate in or receive 
  2.2   financial assistance under a program. 
  2.3      (b) When asking a parent or guardian to provide informed 
  2.4   written consent, the school district must: 
  2.5      (1) make a copy of the instrument readily accessible to the 
  2.6   parent or guardian at a convenient location and reasonable time; 
  2.7   and 
  2.8      (2) specifically identify the information in paragraph (a) 
  2.9   that will be revealed through the instrument. 
  2.10  The district must request the consent of the parent or guardian 
  2.11  at least 14 days before administering the instrument. 
  2.12     (c) A parent or guardian seeking to compel a school 
  2.13  district to comply with this section has available the civil 
  2.14  remedies under section 13.08, subdivision 4, in addition to 
  2.15  other remedies provided by law. 
  2.16     [EFFECTIVE DATE.] This section is effective the day 
  2.17  following final enactment.