HF 1551

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

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] NOTICE REQUIREMENTS FOR STUDENT
SURVEYS AND SIMILAR INSTRUMENTS.
new text end

new text begin (a) A school district must obtain prior written informed
consent from a student's parent or guardian before administering
an academic or nonacademic student survey, assessment, analysis,
evaluation, or similar instrument that reveals information about
the student or the student's family concerning:
new text end

new text begin (1) political affiliations or beliefs;
new text end

new text begin (2) mental or psychological problems;
new text end

new text begin (3) sexual behavior or attitudes;
new text end

new text begin (4) illegal, antisocial, self-incriminating, or demeaning
behavior;
new text end

new text begin (5) critical appraisals of another individual with whom a
student has a close family relationship;
new text end

new text begin (6) legally recognized privileged or analogous
relationships, such as those with a lawyer, physician, or
minister;
new text end

new text begin (7) religious practices, affiliations, or beliefs; or
new text end

new text begin (8) income or other income-related information required by
law to determine eligibility to participate in or receive
financial assistance under a program.
new text end

new text begin (b) When asking a parent or guardian to provide informed
written consent, the school district must:
new text end

new text begin (1) make a copy of the instrument readily accessible to the
parent or guardian at a convenient location and reasonable time;
and
new text end

new text begin (2) specifically identify the information in paragraph (a)
that will be revealed through the instrument.
new text end

new text begin The district must request the consent of the parent or guardian
at least 14 days before administering the instrument.
new text end

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end