Title 53A Chapter 13 Section 302

State System of Public Education
Curriculum in the Public Schools
Section 302
Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation.


53A-13-302.   Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation.

            (1) Policies adopted by a school district under Section 53A-13-301 shall include prohibitions on the administration to a student of any psychological or psychiatric examination, test, or treatment, or any survey, analysis, or evaluation without the prior written consent of the student's parent or legal guardian, in which the purpose or evident intended effect is to cause the student to reveal information, whether the information is personally identifiable or not, concerning the student's or any family member's:

            (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of the State Board of Education, political philosophies;

            (b) mental or psychological problems;

            (c) sexual behavior, orientation, or attitudes;

            (d) illegal, anti-social, self-incriminating, or demeaning behavior;

            (e) critical appraisals of individuals with whom the student or family member has close family relationships;

            (f) religious affiliations or beliefs;

            (g) legally recognized privileged and analogous relationships, such as those with lawyers, medical personnel, or ministers; and

            (h) income, except as required by law.

            (2) Prior written consent under Subsection (1) is required in all grades, kindergarten through grade 12.

            (3) Except as provided in Section 53A-11a-203, the prohibitions under Subsection (1) shall also apply within the curriculum and other school activities unless prior written consent of the student's parent or legal guardian has been obtained.

            (4) Written parental consent is valid only if a parent or legal guardian has been first given written notice, including notice that a copy of the educational or student survey questions to be asked of the student in obtaining the desired information is made available at the school, and a reasonable opportunity to obtain written information concerning:

            (a) records or information, including information about relationships, that may be examined or requested;

            (b) the means by which the records or information shall be examined or reviewed;

            (c) the means by which the information is to be obtained;

            (d) the purposes for which the records or information are needed;

            (e) the entities or persons, regardless of affiliation, who will have access to the personally identifiable information; and

            (f) a method by which a parent of a student can grant permission to access or examine the personally identifiable information.

            (5) (a) Except in response to a situation which a school employee reasonably believes to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be given at least two weeks before information protected under this section is sought.

            (b) Following disclosure, a parent or guardian may waive the two week minimum notification period.

            (c) Unless otherwise agreed to by a student's parent or legal guardian and the person requesting written consent, the authorization is valid only for the activity for which it was granted.

            (d) A written withdrawal of authorization submitted to the school principal by the authorizing parent or guardian terminates the authorization.

            (e) A general consent used to approve admission to school or involvement in special education, remedial education, or a school activity does not constitute written consent under this section.

            (6) (a) This section does not limit the ability of a student under Section 53A-13-101.3 to spontaneously express sentiments or opinions otherwise protected against disclosure under this section.

            (b) (i) If a school employee or agent believes that a situation exists which presents a serious threat to the well-being of a student, that employee or agent shall notify the student's parent or guardian without delay.

            (ii) If, however, the matter has been reported to the Division of Child and Family Services within the Department of Human Services, it is the responsibility of the division to notify the student's parent or guardian of any possible investigation, prior to the student's return home from school.

            (iii) The division may be exempted from the notification requirements described in this Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification of his parent or guardian, or if that notification is otherwise prohibited by state or federal law.

            (7) Local school boards shall provide inservice for teachers and administrators within their respective school districts on the implementation of this section.

            (8) The board shall provide procedures for disciplinary action for violations of this section.

Amended by Chapter 335, 2013 General Session