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:
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(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:
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(1) political affiliations or beliefs;
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(2) mental or psychological problems;
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(3) sexual behavior or attitudes;
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(4) illegal, antisocial, self-incriminating, or demeaning
behavior;
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(5) critical appraisals of another individual with whom a
student has a close family relationship;
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(6) legally recognized privileged or analogous
relationships, such as those with a lawyer, physician, or
minister;
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(7) religious practices, affiliations, or beliefs; or
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(8) income or other income-related information required by
law to determine eligibility to participate in or receive
financial assistance under a program.
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(b) When asking a parent or guardian to provide informed
written consent, the school district must:
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(1) make a copy of the instrument readily accessible to the
parent or guardian at a convenient location and reasonable time;
and
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(2) specifically identify the information in paragraph (a)
that will be revealed through the instrument.
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The district must request the consent of the parent or guardian
at least 14 days before administering the instrument.
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(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.
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This section is effective the day
following final enactment.
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