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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 COMMITTEE DUTIES; PROVIDING FOR THE REVIEW OF
8 SURVEYS CONDUCTED TO OBTAIN DATA FOR THE DEVELOPMENT OR
9 IMPLEMENTATION OF GOVERNMENTAL POLICIES OR LEGISLATION, SUBJECT TO
10 MEETING SPECIFIED CRITERIA; PROVIDING CONDITIONS FOR APPROVAL AND USE
11 OF SURVEYS; AND MAKING CERTAIN TECHNICAL CHANGES.
12 This act affects sections of Utah Code Annotated 1953 as follows:
14 53A-13-302, as last amended by Chapter 284, Laws of Utah 1999
16 53A-13-303, Utah Code Annotated 1953
17 Be it enacted by the Legislature of the state of Utah:
18 Section 1. Section 53A-13-302 is amended to read:
19 53A-13-302. Activities prohibited without prior written consent -- Validity of consent
20 -- Qualifications -- Training on implementation.
21 (1) [
22 a local school [
23 administration to a student of any psychological or psychiatric examination, test, or treatment, or
24 any survey, analysis, or evaluation without the prior written consent of the student's parent or legal
25 guardian, in which the purpose or evident intended effect is to cause the student to reveal
26 information, whether the information is personally identifiable or not, concerning the student's or
27 any family member's:
28 (a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of the
29 State Board of Education, political philosophies;
30 (b) mental or psychological problems;
31 (c) sexual behavior, orientation, or attitudes;
32 (d) illegal, anti-social, self-incriminating, or demeaning behavior;
33 (e) critical appraisals of individuals with whom the student or family member has close
34 family relationships;
35 (f) religious affiliations or beliefs;
36 (g) legally recognized privileged and analogous relationships, such as those with lawyers,
37 medical personnel, or ministers; and
38 (h) income, except as required by law.
39 (2) Prior written consent under Subsection (1) is required in all grades, kindergarten
40 through grade 12.
41 (3) The prohibitions under Subsection (1) shall also apply within the curriculum and other
42 school activities unless prior written consent of the student's parent or legal guardian has been
44 (4) Written parental consent is valid only if a parent or legal guardian has been first given
45 written notice, including notice that a copy of the educational or student survey questions to be
46 asked of the student in obtaining the desired information is made available at the school, and a
47 reasonable opportunity to obtain written information concerning:
48 (a) records or information, including information about relationships, that may be
49 examined or requested;
50 (b) the means by which the records or information shall be examined or reviewed;
51 (c) the means by which the information is to be obtained;
52 (d) the purposes for which the records or information are needed;
53 (e) the entities or persons, regardless of affiliation, who will have access to the personally
54 identifiable information; and
55 (f) a method by which a parent of a student can grant permission to access or examine the
56 personally identifiable information.
57 (5) (a) Except in response to a situation which a school employee reasonably believes to
58 be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
59 Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be
60 given at least two weeks before information protected under this section is sought.
61 (b) Following disclosure, a parent or guardian may waive the two week minimum
62 notification period.
63 (c) Unless otherwise agreed to by a student's parent or legal guardian and the person
64 requesting written consent, the authorization is valid only for the activity for which it was granted.
65 (d) A written withdrawal of authorization submitted to the school principal by the
66 authorizing parent or guardian terminates the authorization.
67 (e) A general consent used to approve admission to school or involvement in special
68 education, remedial education, or a school activity does not constitute written consent under this
70 (6) (a) This section does not limit the ability of a student under Section 53A-13-101.3 to
71 spontaneously express sentiments or opinions otherwise protected against disclosure under this
73 (b) (i) If a school employee or agent believes that a situation exists which presents a
74 serious threat to the well-being of a student, that employee or agent shall notify the student's parent
75 or guardian without delay.
76 (ii) If, however, the matter has been reported to the Division of Child and Family Services
77 within the Department of Human Services, it is the responsibility of the division to notify the
78 student's parent or guardian of any possible investigation, prior to the student's return home from
80 (iii) The division may be exempted from the notification requirements described in this
81 Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification of
82 his parent or guardian, or if that notification is otherwise prohibited by state or federal law.
83 (7) [
84 administrators within [
86 (8) [
87 violations of this section under guidelines established by the State Board of Education.
88 Section 2. Section 53A-13-303 is enacted to read:
89 53A-13-303. Survey Review Committee -- Duties of the committee -- Review of
90 surveys conducted to obtain data for development or implementation of governmental
91 policies or legislation -- Conditions for approval and use.
92 (1) (a) There is created the State Student Survey Committee, hereafter referred to in this
93 section as the "committee."
94 (b) The committee shall be comprised of 13 members appointed by the state
95 superintendent of public instruction.
96 (c) The committee shall consist of parents of students, teachers, and school administrators
96a h WHO REFLECT OR REPRESENT BROAD AND DIVERSE VIEWPOINTS ON PUBLIC EDUCATION h .
97 (d) (i) At least seven members of the committee shall be parents of children enrolled in
98 the state's public education system.
99 (ii) Neither any of these members nor any person residing in their households may be
100 h [
100a serve on the committee as a parent member.
101 (2) (a) At the request of the state superintendent, the committee shall review a survey:
102 (i) dealing with any of the matters listed in Subsection 53A-13-302 (1); and
103 (ii) which is proposed to be conducted in a public school.
104 (b) The committee shall review the survey to determine whether the:
105 (i) subject of the survey and the nature of the questions to be asked are appropriate for the
106 proposed survey participants;
107 (ii) survey questions have been narrowly drawn to address only those matters which are
108 pertinent to the stated purpose of the survey; and
109 (iii) form of the survey and the manner of its administration will ensure the anonymity and
110 privacy of survey participants and their families.
111 (3) (a) At the request of an authorized representative of the federal government, the
112 governor, the Legislature, the State Board of Education, or a local board of education, the state
113 superintendent may ask and the committee shall review a survey subject to the following
115 (i) the requesting authority advises the superintendent that the survey is necessary to
116 provide essential data required for the development and implementation of public policy, and that
117 other reasonable means for obtaining the data are not readily available; and
118 (ii) the superintendent determines that administering the survey would not be inappropriate
119 in a school setting or unduly burdensome to the schools.
120 (b) A survey proposed for administration under Subsection (3)(a) that addresses matters
121 related to youth violence or to the use of alcohol, drugs, or tobacco by students may be
122 administered without h PRIOR WRITTE N h parental consent as required under Section 53A-13-302
123 (i) the survey has been h REVIEWED AN D h recommended for administration by the
123a committee and approved
124 by the state superintendent;
125 (ii) the parent or guardian of each student participant was sent notification S BY MAIL s at
125a least two
126 weeks prior to the planned date of administration:
127 (A) of the survey and its purpose;
128 (B) that a copy of the survey is available in the school office for review prior to its
129 administration; and
130 (C) that the parent or guardian may deny the student's participation in the survey;
131 (iii) no student is permitted to participate in the survey whose parent has denied
132 participation by notifying the school prior to its administration;
133 (iv) the survey is administered by h [
133a trained in the proper
134 administration of the survey instrument h AND WHO WAS AWARDED THE ADMINISTRATION OF THE
134a SURVEY THROUGH A REQUEST FOR PROPOSAL (RFP) PROCESS h ;
135 (v) teachers, students, and other persons who may be familiar with the handwriting of
136 individual participants are not permitted to read the completed survey forms;
137 (vi) the survey form does not ask for the name of the participant or contain questions,
138 codes, or other means by which the identity of an individual would be disclosed; and
139 (vii) the responses are used for statistical purposes only, information on the completed
140 survey is aggregated, and the individual forms destroyed within ten working days of
142 (4) The committee shall submit its recommendations concerning a survey reviewed under
143 Subsections (2) and (3) to the state superintendent in a timely manner.
Legislative Review Note
as of 12-28-99 2:28 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.