An Act to clarify information related to students that is not subject to survey, analysis, or evaluation without consent.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 13-3-51.2 be AMENDED:
13-3-51.2.
No elementary
school or secondary school
student shall be required to submit to
may administer
a survey, analysis, or evaluation
that reveals information concerning
without the prior written consent of the parent, or without the prior
consent of the student if the student is an adult or emancipated
minor, if the survey, analysis, or evaluation:
(1) Reveals a student's identity; and
(2) Collects any information concerning:
(a) Political affiliations or beliefs of the student or the student's parent;
(2)(b) Mental
or psychological problems or aspects of the student or the student's
family;
(3)(c) Sex
behavior or attitudes of the student or the student's family;
(4)(d) Illegal,
anti-social, self-incriminating, or demeaning behavior;
(5)(e) Critical
appraisals of other individuals with whom respondents have close
family relationships;
(6)(f) Legally
recognized privileged or analogous relationships,
such as those of lawyers, physicians, and ministers;
(7)(g) Religious
practices, affiliations, or beliefs of the student or student's
parent;
(8)(h) Personal
or family gun ownership; or
(9)(i) Income
(,
other than that
required by law to determine eligibility for participation in a
program or for receiving financial assistance under such program);
without
the prior consent of the student (if the student is an adult or
emancipated minor), or in the case of an unemancipated minor, without
the prior written consent of the parent.
The list of information in subdivisions (1) to (9), inclusive, is not
an exclusive list.
The secretary of the
Department of Education
department may
add to the list of information in subdivisions (1) to (9), inclusive,
other data, facts, or information that is of a similar nature that a
student
may
is not
be
required to disclose.
The
term, parent, forFor
purposes of this section,
the term, parent,
includes a legal guardian or other person standing in loco parentis.
Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.