ADMINISTRATION OF SURVEYS, ANALYSES, OR EVALAUTIONS OF STUDENTS
Present law provides the following:
(1) Every LEA must develop a policy setting forth the rights of parents and students and guidelines for teachers and principals with respect to the administration of surveys, analyses or evaluations of students;
(2) The policy must allow a parent or legal guardian access to review all surveys, analyses or evaluations, prior to being administered to the parent or legal guardian's child;
(3) The policy must enable a parent or legal guardian to opt their student out of participating in a survey, analysis, or evaluation; and
(4) The policy must require a parent, legal guardian or student, in the case of students 18 or older, to provide written consent before the collection of individual student biometric data.
This bill deletes (3)-(4) above and provides, instead, that the LEA's policy must require the LEA to obtain a student's parent's or legal guardian's written consent before the student participates in a survey, analysis, or evaluation. This bill authorizes a student's parent or legal guardian to withdraw the parent's or legal guardian's consent at any time before the student participates in the survey, analysis, or evaluation
FAMILY LIFE CURRICULUM
Under present law, not less than 30 days prior to commencing instruction of the family life curriculum, each LEA must notify parents or legal guardians of students who the LEA anticipates will be present for instruction in sex education that the LEA is using a family life curriculum that meets the requirements of state law; and that the parent or legal guardian has the right to examine the grade level instructional materials and confer with the student's instructor, school counselor, or principal, as designated by the LEA, regarding any or all portions of family life.
Present law also provides that a parent or guardian who wishes to excuse a student from any portion of family life must submit a request, in writing, to the student's instructor, school counselor, or principal. A parent or guardian who wishes to excuse a student from all portions of family life must submit a request in writing to the student's principal. A student who is excused from any or all portions of family life must not be penalized for grading purposes if the student satisfactorily performs alternative health lessons.
This bill deletes the provisions above authorizing a parent to excuse a student from any portion of family life curriculum and provides, instead, that before an LEA provides instruction in family life to a student, the LEA must receive written consent of the student's parent or legal guardian. A student's parent of legal guardian is authorized to consent to the student only receiving a certain portion of the family life instruction. A student whose parent or legal guardian did not consent to the student receiving family life instruction, or who only consented to the student receiving a portion of the family life instruction, is excused from family life instruction or from that portion of the family life instruction and must not be penalized for grading purposes.
SCHOOL HEALTH PROGRAM REQUIREMENTS
Under present law, the commissioner of education, in consultation with the department of health, must develop guidelines based on the federal centers for disease control and prevention model for the implementation of a coordinated school health program. In developing the guidelines, the following components must be included:
(1) The family life curriculum prescribed by law must continue to be observed;
(2) A parent has the same right to exempt that parent's child from participation as provided under prior laws; and
(3) To the extent permitted by state or federal law, any aspect of family planning or contraception must be governed by law which prohibits any employee of the public school nurse program from making abortion referrals or otherwise advocating or encouraging abortion or prescribing birth control devices or contraceptives and the policies set by the local boards of education.
This bill deletes (2) and provides, instead, that an LEA is required to obtain written consent from a student's parent or legal guardian in order for the student to receive any health services provided through the LEA's coordinated school health program and before the student receives such services.
EXTRACURRICULAR ACTIVITIES
Present law provides the following:
(1) Each school must notify the parents or legal guardians of all clubs and organizations available to students attending such school by prominently displaying the information in the school's student handbook, or other standard or policy guidebook that contains the policies and procedures of the school and is distributed annually; and
(2) A school is prohibited from permitting a student to become a member or participate in any activities of a club or organization if the parent or legal guardian of such student has tendered a written communication prohibiting the student from the membership or participation. In order to be valid, the written communication must be signed and dated by the parent or legal guardian.
This bill deletes (2) and provides, instead, that a school is prohibited from permitting a student to become a member or participate in an activity of a club or organization unless the student's parent or legal guardian provides consent to the student's participation in a writing that is signed and dated.
ELEMENTARY, MIDDLE, AND SECONDARY SCHOOLS GENERALLY
This bill provides that, if a parent's or legal guardian's consent is required pursuant to provisions of law relative to education for the parent's or legal guardian's student to receive or participate in instruction, an activity, an evaluation, an assessment, a survey, or an analysis offered by the student's LEA, then the LEA must obtain written consent from the student's parent or legal guardian authorizing the student to receive or participate in the specific instruction, activity, evaluation, assessment, survey, or analysis.

Statutes affected:
Introduced: 49-2-211, 49-6-1305(b), 49-6-1305, 49-1-1002, 49-6-1031(b), 49-6-1031