SF 979

as introduced - 89th Legislature (2015 - 2016) Posted on 03/17/2015 09:32am

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 parent or
guardian of a minor or dependent child before administering an academic or nonacademic
student survey, assessment, analysis, evaluation, or similar instrument that solicits
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;
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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 with whom a student has a close family
relationship;
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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 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:
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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
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new text begin (2) specifically identify the information in paragraph (a) that will be solicited
through the instrument. 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