H.B. 49

1

SURVEYS IN PUBLIC SCHOOLS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING THAT A PARENT HAVE
6 ACCESS TO A COPY OF QUESTIONS TO BE ASKED OF THE PARENT'S CHILD IN
7 CONNECTION WITH SURVEYS OR TESTS IN THE PUBLIC SCHOOLS WHICH CAUSE
8 THE CHILD TO REVEAL SENSITIVE INFORMATION; MODIFYING WRITTEN CONSENT
9 PROVISIONS; AND MAKING CERTAIN TECHNICAL CHANGES.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 AMENDS:
12 53A-13-302, as last amended by Chapter 318, Laws of Utah 1996
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 53A-13-302 is amended to read:
15 53A-13-302. Activities prohibited without prior written consent -- Validity of consent
16 -- Qualifications.
17 (1) Policies adopted by a school district under Section 53A-13-301 shall include
18 prohibitions on[: (1)] the administration to a student of any psychological or psychiatric
19 examination, test, or treatment, or any survey, analysis, or evaluation without the prior written
20 consent of the student's parent or legal guardian, in which the purpose or evident intended effect
21 is to cause the student to reveal information, whether the information is personally identifiable or
22 not, concerning the student's or any family member's:
23 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of the
24 State Board of Education, political philosophies;
25 (b) mental or psychological problems;
26 (c) sexual behavior, orientation, or attitudes;
27 (d) illegal, anti-social, self-incriminating, or demeaning behavior;

28 (e) critical appraisals of individuals with whom the student or family member has close
29 family relationships;
30 (f) religious affiliations or beliefs;
31 (g) legally recognized privileged and analogous relationships, such as those with lawyers,
32 medical personnel, or ministers; and
33 (h) income, except as required by law.
34 (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
35 through grade 12.
36 [(2)] (3) The prohibitions under Subsection (1) shall also apply within the curriculum and
37 other school activities unless prior written consent of the student's parent or legal guardian has
38 been obtained.
39 [(3)] (4) Written parental consent is valid only if a parent or legal guardian has been first
40 given written notice, including notice that a copy of the h EDUCATIONAL OR STUDENT SURVEY h
40a questions to be asked of the student in
41 obtaining the desired information is made available at the school, and a reasonable opportunity to
42 obtain written information concerning:
43 (a) records or information, including information about relationships, that may be
44 examined or requested;
45 (b) the means by which the records or information shall be examined or reviewed;
46 (c) the means by which the information is to be obtained;
47 (d) the purposes for which the records or information are needed;
48 (e) the entities or persons, regardless of affiliation, who will have access to the personally
49 identifiable information; and
50 (f) a method by which a parent of a student can grant permission to access or examine the
51 personally identifiable information.
52 [(4)] (5) (a) Except in response to a situation which a school employee reasonably believes
53 to be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
54 Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be
55 given at least two weeks before information protected under this section is sought.
56 (b) Following disclosure, a parent or guardian may waive the two week minimum
57 notification period.
58 [(c) Parental authorization shall be valid until the commencement of the subsequent school

59 year or until one of the following occurs:]
60 [(i)] (c) [the child completes or withdraws from the course, activity, or program] Unless
61 otherwise agreed to by a student's parent or legal guardian and the person requesting written
62 consent, the authorization is valid only for the activity, for which it was granted[; or].
63 [(ii) a] (d) A written withdrawal of authorization [is] submitted to the school principal by
64 the authorizing parent or guardian terminates the authorization.
65 [(d)] (e) A general consent used to approve admission to school or involvement in special
66 education, remedial education, or a school activity does not constitute written consent under this
67 section.
68 [(5)] (6) (a) This section does not limit the ability of a student under Section 53A-13-101.3
69 to spontaneously express sentiments or opinions otherwise protected against disclosure under this
70 section.
71 [(6) (a)] (b) (i) If a school employee or agent believes that a situation exists which presents
72 a serious threat to the well-being of a student, that employee or agent shall notify the student's
73 parent or guardian without delay.
74 (ii) If, however, the matter has been reported to the Division of Child and Family Services
75 within the Department of Human Services, it is the responsibility of the division to notify the
76 student's parent or guardian of any possible investigation, prior to the student's return home from
77 school.
78 [(b)] (iii) The division may be exempted from the notification requirements described in
79 this Subsection [(a)] (6)(b)(ii) only if it determines that the student would be endangered by
80 notification of his parent or guardian, or if that notification is otherwise prohibited by state or
81 federal law.
82 (7) Local school boards shall provide inservice for teachers and administrators within their
83 respective school districts on the implementation of this section.
83a h THE BOARD SHALL PROVIDE PROCEDURES FOR DISCIPLINARY ACTION FOR
83b VIOLATIONS OF THIS SECTION . h




Legislative Review Note
as of 11-6-98 10:53 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel