SESSION OF 2019
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2361
As Recommended by House Committee on
Children and Seniors

Brief*
HB 2361 would amend the Student Data Privacy Act
regarding the administration of a test, questionnaire, survey,
or examination (survey) containing any questions about a
student’s personal beliefs or practices on sex, family life,
morality, or religion, or concerning the student’s parent’s
views on these subjects, to a student enrolled in kindergarten
or grades 1 through 12. Specifically, the bill would remove a
requirement the parent of the student be notified the survey is
to be administered and give written permission (opts in) for
such student to take the survey. The bill would replace the
opt-in language with the following requirements for
administration of the surveys to these students:
● The survey does not record, request, or solicit a
student to provide any personally identifiable
student data;
● Each student is informed participation in the survey
is voluntary;
● The parent or legal guardian of each such student
receives, in advance of the administration of the
survey, written notice that such parent or legal
guardian may opt out such student from the
survey; and
● The results of such survey are reported only as
aggregate data.
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 Further, the bill would extend the exception from these
requirements for school counselors to other school-based
mental health professionals with regard to the administration
of tests and forms part of a school counselor’s or other
school-based provider’s student counseling services. The bill
would also make technical amendments.

Background
The bill was introduced by the House Committee on
Children and Seniors at the request of Representative Lusk.
In the House Committee hearing, representatives of the
Association of Mental Health Centers of Kansas, Greenbush,
Kansas Association of School Boards, and United Community
Services of Johnson County, and a representative of the
Kansas Association of School Boards, Kansas School
Superintendents Association, and United School
Administrators of Kansas provided testimony in favor of the
bill. The proponents generally stated the bill could improve
student participation in school-based surveys by reducing the
barriers to de-identified data collection created by the opt-in
requirement and has impacted community mental health
centers, schools, and other organizations that provide critical
prevention services for youth in their communities.
Proponents noted the results of the surveys serve as a
valuable tool for schools and communities to build support
programs, interventions, and services for students to help
make progress toward important physical and mental health
outcomes and to guide decision making to better serve
students. Proponents also stated the lack of information
resulting from reduced survey participation due to the opt-in
provision may limit the ability of school districts to secure
grant funds to provide service to students. Proponent written-
only testimony was provided by representatives of
Communities That Care, DCCCA, Johnson County Mental
Health Center, Kansas Action for Children, Kansas
Association of Addiction Professionals, Mirror, Inc.,

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Prevention and Recovery Services, and Topeka-Shawnee
County Alcohol and Drug Abuse Advisory Council.
Opponent testimony was provided by two private
citizens and a former member of the State Board of
Education. The opponents generally questioned the validity of
the surveys and stated the bill attempts to override parental
authority by requiring parents to opt out of surveys for a child.
The opponents stated parents should have the right, after
receipt of information regarding the surveys, to make an
informed decision on whether to opt-in, and students should
not be automatically included in surveys that intrude into the
private lives of students and their families. No other testimony
was provided.
According to the fiscal note prepared by the Division of
the Budget on the bill, enactment of the bill would have no
fiscal effect.


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Statutes affected:
As introduced: 72-6316