HF 3322

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; requiring school districts to 
  1.3             notify parents about student surveys and similar 
  1.4             instruments that may reveal personal information; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 123B.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [123B.065] [NOTICE REQUIREMENTS FOR STUDENT 
  1.9   SURVEYS AND SIMILAR INSTRUMENTS.] 
  1.10     (a) A school district must obtain prior informed consent in 
  1.11  writing from a student's parent or guardian before administering 
  1.12  an academic or nonacademic student survey, assessment, analysis, 
  1.13  evaluation, or similar instrument that reveals information about 
  1.14  the student or the student's family concerning: 
  1.15     (1) political affiliations or beliefs; 
  1.16     (2) mental or psychological problems; 
  1.17     (3) sexual behavior or attitudes; 
  1.18     (4) illegal, antisocial, self-incriminating, or demeaning 
  1.19  behavior; 
  1.20     (5) critical appraisals of another individual with whom a 
  1.21  student has a close family relationship; 
  1.22     (6) legally recognized privileged or analogous 
  1.23  relationships, such as those with a lawyer, physician, or 
  1.24  minister; 
  1.25     (7) religious practices, affiliations, or beliefs; or 
  1.26     (8) income, other than income information required by law 
  2.1   to determine eligibility to participate or receive financial 
  2.2   assistance under a program. 
  2.3      (b) When asking a parent or guardian to provide prior 
  2.4   informed consent in writing, the school district must:  (1) make 
  2.5   a copy of the instrument readily accessible to the parent or 
  2.6   guardian at a convenient location and a reasonable time; and (2) 
  2.7   specifically identify which of the types of information in 
  2.8   paragraph (a), clauses (1) to (8), will be revealed through the 
  2.9   instrument.  The district must request the consent of the parent 
  2.10  or guardian at least 14 days before administering the instrument.
  2.11     (c) A parent or guardian seeking to compel a school 
  2.12  district to comply with this section has available the civil 
  2.13  remedies under section 13.08, subdivision 4, in addition to 
  2.14  other remedies provided by law. 
  2.15     [EFFECTIVE DATE.] This section is effective the day 
  2.16  following final enactment.