An Act to require parental permission and website posting of student survey instruments.
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. Information not subject to survey, analysis, or evaluation without consent.
No elementary school
or
secondary school student shall be required to submit to a survey,
analysis, or evaluation
that ,
or complete a questionnaire or similar instrument, without having on
file written parental permission for that explicitly identified
instrument, if that instrument seeks or reveals
information concerning:
(1) Political affiliations or beliefs of the student or the student's parent;
(2) Mental or psychological problems or aspects of the student or the student's family;
(3) Sex behavior or attitudes of the student or the student's family;
(4) Illegal, anti-social, self-incriminating, or demeaning behavior;
(5) Critical appraisals of other individuals with whom respondents have close family relationships;
(6) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7) Religious practices, affiliations, or beliefs of the student or student's parent;
(8) Personal or family gun ownership; or
(9) 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
listed
in
subdivisions (1) to (9), inclusive,
this section is
not an
exclusive
list. The
and
may be expanded by the
secretary of the Department of Education
may add to the list of information in subdivisions (1) to (9),
inclusive,
to
include other
data, facts, or information that
is of a
similar nature that a student may likewise
not be required to disclose.
The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis, as established by written consent, a written agreement, or a court order.
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.
At least seven days before submitting a survey, analysis, evaluation, questionnaire, or similar instrument to any student, the principal of the school shall post the instrument to the school or school district website, in a conspicuous location, and shall provide for the instrument to remain accessible on the website for a period of five years.