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S.B. 37
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PUBLIC SCHOOLS SURVEYS AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Robert F. Montgomery
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AN ACT RELATING TO PUBLIC EDUCATION; PROVIDING FOR THE CREATION OF A
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STATE STUDENT SURVEY REVIEW COMMITTEE; PROVIDING FOR COMMITTEE
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MEMBERSHIP; PROVIDING COMMITTEE DUTIES; PROVIDING FOR THE REVIEW OF
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SURVEYS CONDUCTED TO OBTAIN DATA FOR THE DEVELOPMENT OR
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IMPLEMENTATION OF GOVERNMENTAL POLICIES OR LEGISLATION, SUBJECT TO
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MEETING SPECIFIED CRITERIA; PROVIDING CONDITIONS FOR APPROVAL AND USE
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OF SURVEYS; AND MAKING CERTAIN TECHNICAL CHANGES.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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53A-13-302, as last amended by Chapter 284, Laws of Utah 1999
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ENACTS:
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53A-13-303, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
53A-13-302
is amended to read:
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53A-13-302. Activities prohibited without prior written consent -- Validity of consent
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-- Qualifications -- Training on implementation.
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(1) [Policies] Except as otherwise provided in Section
53A-13-303
, policies adopted by
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a local school [district] board under Section
53A-13-301
shall include prohibitions on the
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administration to a student of any psychological or psychiatric examination, test, or treatment, or
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any survey, analysis, or evaluation without the prior written consent of the student's parent or legal
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guardian, in which the purpose or evident intended effect is to cause the student to reveal
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information, whether the information is personally identifiable or not, concerning the student's or
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any family member's:
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(a) political affiliations or, except as provided under Section
53A-13-101.1
or rules of the
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State Board of Education, political philosophies;
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(b) mental or psychological problems;
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(c) sexual behavior, orientation, or attitudes;
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(d) illegal, anti-social, self-incriminating, or demeaning behavior;
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(e) critical appraisals of individuals with whom the student or family member has close
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family relationships;
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(f) religious affiliations or beliefs;
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(g) legally recognized privileged and analogous relationships, such as those with lawyers,
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medical personnel, or ministers; and
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(h) income, except as required by law.
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(2) Prior written consent under Subsection (1) is required in all grades, kindergarten
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through grade 12.
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(3) The prohibitions under Subsection (1) shall also apply within the curriculum and other
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school activities unless prior written consent of the student's parent or legal guardian has been
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obtained.
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(4) Written parental consent is valid only if a parent or legal guardian has been first given
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written notice, including notice that a copy of the educational or student survey questions to be
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asked of the student in obtaining the desired information is made available at the school, and a
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reasonable opportunity to obtain written information concerning:
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(a) records or information, including information about relationships, that may be
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examined or requested;
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(b) the means by which the records or information shall be examined or reviewed;
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(c) the means by which the information is to be obtained;
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(d) the purposes for which the records or information are needed;
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(e) the entities or persons, regardless of affiliation, who will have access to the personally
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identifiable information; and
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(f) a method by which a parent of a student can grant permission to access or examine the
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personally identifiable information.
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(5) (a) Except in response to a situation which a school employee reasonably believes to
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be an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or Neglect
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Reporting Requirements, or by order of a court, disclosure to a parent or legal guardian must be
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given at least two weeks before information protected under this section is sought.
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(b) Following disclosure, a parent or guardian may waive the two week minimum
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notification period.
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(c) Unless otherwise agreed to by a student's parent or legal guardian and the person
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requesting written consent, the authorization is valid only for the activity for which it was granted.
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(d) A written withdrawal of authorization submitted to the school principal by the
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authorizing parent or guardian terminates the authorization.
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(e) A general consent used to approve admission to school or involvement in special
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education, remedial education, or a school activity does not constitute written consent under this
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section.
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(6) (a) This section does not limit the ability of a student under Section
53A-13-101.3
to
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spontaneously express sentiments or opinions otherwise protected against disclosure under this
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section.
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(b) (i) If a school employee or agent believes that a situation exists which presents a
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serious threat to the well-being of a student, that employee or agent shall notify the student's parent
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or guardian without delay.
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(ii) If, however, the matter has been reported to the Division of Child and Family Services
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within the Department of Human Services, it is the responsibility of the division to notify the
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student's parent or guardian of any possible investigation, prior to the student's return home from
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school.
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(iii) The division may be exempted from the notification requirements described in this
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Subsection (6)(b)(ii) only if it determines that the student would be endangered by notification of
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his parent or guardian, or if that notification is otherwise prohibited by state or federal law.
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(7) [Local] Each local school [boards] board shall provide inservice for teachers and
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administrators within [their respective school districts] its district on the implementation of this
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section.
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(8) [The] Each local school board shall provide procedures for disciplinary action for
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violations of this section under guidelines established by the State Board of Education.
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Section 2.
Section
53A-13-303
is enacted to read:
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53A-13-303. Survey Review Committee -- Duties of the committee -- Review of
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surveys conducted to obtain data for development or implementation of governmental
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policies or legislation -- Conditions for approval and use.
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(1) (a) There is created the State Student Survey Committee, hereafter referred to in this
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section as the "committee."
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(b) The committee shall be comprised of 13 members appointed by the state
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superintendent of public instruction.
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(c) The committee shall consist of parents of students, teachers, and school administrators.
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(d) (i) At least seven members of the committee shall be parents of children enrolled in
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the state's public education system.
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(ii) Neither any of these members nor any person residing in their households may be
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employed by the public education system while they serve on the committee as a parent member.
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(2) (a) At the request of the state superintendent, the committee shall review a survey:
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(i) dealing with any of the matters listed in Subsection
53A-13-302
(1); and
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(ii) which is proposed to be conducted in a public school.
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(b) The committee shall review the survey to determine whether the:
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(i) subject of the survey and the nature of the questions to be asked are appropriate for the
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proposed survey participants;
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(ii) survey questions have been narrowly drawn to address only those matters which are
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pertinent to the stated purpose of the survey; and
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(iii) form of the survey and the manner of its administration will ensure the anonymity and
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privacy of survey participants and their families.
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(3) (a) At the request of an authorized representative of the federal government, the
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governor, the Legislature, the State Board of Education, or a local board of education, the state
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superintendent may ask and the committee shall review a survey subject to the following
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conditions:
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(i) the requesting authority advises the superintendent that the survey is necessary to
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provide essential data required for the development and implementation of public policy, and that
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other reasonable means for obtaining the data are not readily available; and
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(ii) the superintendent determines that administering the survey would not be inappropriate
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in a school setting or unduly burdensome to the schools.
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(b) A survey proposed for administration under Subsection (3)(a) that addresses matters
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related to youth violence or to the use of alcohol, drugs, or tobacco by students may be
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administered without parental consent as required under Section
53A-13-302
if:
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(i) the survey has been recommended for administration by the committee and approved
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by the state superintendent;
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(ii) the parent or guardian of each student participant was sent notification at least two
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weeks prior to the planned date of administration:
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(A) of the survey and its purpose;
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(B) that a copy of the survey is available in the school office for review prior to its
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administration; and
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(C) that the parent or guardian may deny the student's participation in the survey;
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(iii) no student is permitted to participate in the survey whose parent has denied
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participation by notifying the school prior to its administration;
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(iv) the survey is administered by a person who has been trained in the proper
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administration of the survey instrument;
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(v) teachers, students, and other persons who may be familiar with the handwriting of
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individual participants are not permitted to read the completed survey forms;
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(vi) the survey form does not ask for the name of the participant or contain questions,
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codes, or other means by which the identity of an individual would be disclosed; and
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(vii) the responses are used for statistical purposes only, information on the completed
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survey is aggregated, and the individual forms destroyed within ten working days of
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administration.
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(4) The committee shall submit its recommendations concerning a survey reviewed under
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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.