S.B. 228

1

PUBLIC SCHOOLS SURVEYS AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Robert F. Montgomery
5 AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE CREATION OF A
6 STATE STUDENT SURVEY REVIEW COMMITTEE; PROVIDING FOR COMMITTEE
7 MEMBERSHIP; PROVIDING FOR COMMITTEE REVIEW OF SCHOOL SURVEYS THAT
8 INVOLVE MORE THAN ONE SCHOOL DISTRICT AND INDIVIDUAL DISTRICT
9 SURVEYS APPROVED BY THE DISTRICT SUPERINTENDENT; AND CREATING A
10 PRESUMPTION OF PARENTAL APPROVAL AS RELATED TO APPROVED SURVEYS IF
11 CERTAIN CONDITIONS ARE MET.
12 This act affects sections of Utah Code Annotated 1953 as follows:
13 AMENDS:
14 53A-13-302, as last amended by Chapter 318, Laws of Utah 1996
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 53A-13-302 is amended to read:
17 53A-13-302. Activities prohibited without prior written consent -- Validity of consent
18 -- Qualifications.
19 (1) Policies adopted by a school district under Section 53A-13-301 shall include
20 prohibitions on[: (1)] the administration to a student of any psychological or psychiatric
21 examination, test, or treatment, or any survey, analysis, or evaluation without the prior written
22 consent of the student's parent or legal guardian, or, as respects a survey, that the consent is
23 presumed under Subsection (5)(c), in which the purpose or evident intended effect is to cause the
24 student to reveal information, whether the information is personally identifiable or not, concerning
25 the student's or any family member's:
26 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of the
27 State Board of Education, political philosophies;

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

59 (i) the child completes or withdraws from the course, activity, or program for which it was
60 granted; or
61 (ii) a written withdrawal of authorization is submitted to the school principal by the
62 authorizing parent or guardian.
63 (d) A general consent used to approve admission to school or involvement in special
64 education, remedial education, or a school activity does not constitute written consent under this
65 section.
66 (5) (a) (i) There is created the State Student Survey Review Committee, hereafter referred
67 to as the "committee," composed of 13 members appointed by the state superintendent of public
68 instruction.
69 (ii) The committee shall consist of parents, teachers, and school administrators.
70 (iii) At least seven members of the committee shall be parents of children in the public
71 education system.
72 (b) (i) At the request of the superintendent, the committee shall review surveys that involve
73 two or more school districts and individual district surveys approved by the district superintendent.
74 (ii) After review, the committee may approve, object to, or take no position with regard
75 to any proposed survey submitted to it.
76 (c) If a proposed survey has been approved by the committee, written parental consent is
77 presumed and determined to have occurred if:
78 (i) the parent of a student has been notified of the proposed survey at least two weeks prior
79 to its administration; and
80 (ii) the parent has not denied approval or objected to the student's participation.
81 [(5)] (6) This section does not limit the ability of a student under Section 53A-13-101.3
82 to spontaneously express sentiments or opinions otherwise protected against disclosure under this
83 section.
84 [(6)] (7) (a) If a school employee or agent believes that a situation exists which presents
85 a serious threat to the well-being of a student, that employee or agent shall notify the student's
86 parent or guardian without delay. If, however, the matter has been reported to the Division of
87 Child and Family Services within the Department of Human Services, it is the responsibility of the
88 division to notify the student's parent or guardian of any possible investigation, prior to the
89 student's return home from school.

90 (b) The division may be exempted from the notification requirements described in [this]
91 Subsection (7)(a) only if it determines that the student would be endangered by notification of his
92 parent or guardian, or if that notification is otherwise prohibited by state or federal law.




Legislative Review Note
as of 2-1-99 6:04 PM

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

Office of Legislative Research and General Counsel