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New: National Guidelines
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Alaska Last Updated: 5/4/2006 ![]()
Statute 14.03.110 (1999) prohibits a school district from administering a questionnaire or survey “that inquires into personal or private family affairs of the student” without written permission from the student’s parent or guardian. Alabama Last Updated: 1/1/2006 ![]() No state policy. Arkansas Last Updated: 5/20/2009 ![]() Code 6-18-1303 (2003) prevents school districts from administering a questionnaire or survey that requests or requires a student to supply any personal identifying information unless prior written permission has been obtained from the student's parent or guardian. To obtain permission, the parent or guardian must be given the opportunity to review the questionnaire or survey and must be given written notice of how the questionnaire or survey will be administered, how the results will be utilized, and the persons or entities that will have access to the results. Code 6-15-1005(e)(1)(B) also states that students shall not be surveyed on values and beliefs. Arizona Last Updated: 8/27/2009 ![]() State Board of Education Administrative Code R7-2-303 (1989) specifies that sex education classes shall not include tests, psychological inventories, surveys, or examinations containing any questions about the student's or his parents' personal beliefs or practices in sex, family life, morality, values or religion. California Last Updated: 2/26/2009 ![]()
Education Code 51513 (1995) says that "No test, questionnaire, survey, or examination containing any questions about the pupil's personal beliefs or practices in sex, family life, morality, and religion, or any questions about the pupil's parents' or guardians' beliefs and practices in sex, family life, morality, and religion, shall be administered to any pupil in kindergarten or grades one to twelve, inclusive, unless the parent or guardian of the pupil is notified in writing that this test, questionnaire, survey, or examination is to be administered and the parent or guardian of the pupil gives written permission for the pupil to take this test, questionnaire, survey, or examination." However, notwithstanding 51513, Education Code 51938 (2004) states that "anonymous, voluntary, and confidential research and evaluation tools to measure pupils' health behaviors and risks, including tests, questionnaires, and surveys containing age appropriate questions about the pupil's attitudes concerning or practices relating to sex may be administered to any pupil in grades seven to twelve, inclusive, if the parent or guardian is notified in writing that this test, questionnaire, or survey is to be administered and the pupil's parent or guardian is given the opportunity to review the test, questionnaire, or survey and to request in writing that his or her child not participate."
United States Code Title 20, Subchapter 31, Subchapter 3, 1232h requires districts to directly notify parents at least annually at the beginning of the school year of the specific or approximate dates during the school year of the scheduling of any survey(s) containing one or more of the following items: Colorado Last Updated: 5/13/2009 ![]() Statute 22-1-123 (2000) states that, A school or school district employee who requires participation in a survey, analysis, or evaluation in a public school's curriculum or other official school activity shall obtain the written consent of a student's parent or legal guardian prior to the student being given any survey, analysis, or evaluation intended to reveal information, whether the information is personally identifiable or not, concerning the student or the student's parent's or legal guardian's". Such subjects include, but are not limited to, political affiliations, potentially embarrassing mental and psychological conditions, sexual behavior and attitudes, and illegal, anti-social, self-incriminating, or demeaning behavior. Connecticut Last Updated: 1/2/2006 ![]()
No state policy. Delaware Last Updated: 1/2/2006 ![]()
No state policy. Florida Last Updated: 1/1/2006 ![]() No state policy. Georgia Last Updated: 1/2/2006 ![]() No state policy. Hawaii Last Updated: 8/25/2009 ![]() State Board of Education Policy 4610 (2004) states, No questionnaire or other device for securing any kind of information, opinions, or statistical data from students shall be permitted in the public schools, except where the request is approved by the Department". Iowa Last Updated: 11/30/2008 ![]() No state policy. Idaho Last Updated: 1/9/2006 ![]()
No state policy. Illinois Last Updated: 1/9/2006 ![]() No state policy. Indiana Last Updated: 10/30/2007 ![]()
Code 20-30-5-17 (2005) prescribes that parents can inspect any instructional materials and that a student cannot be required to participate in personal analysis, evaluation, or survey that isn’t related to academic instruction and specifically lists sexual behavior or attitudes. Parent/guardian permission is required in addition to knowledge about the content of the survey. Kansas Last Updated: 1/16/2006 ![]() Kentucky Last Updated: 1/16/2006 ![]() No state policy. Louisiana Last Updated: 1/16/2006 ![]() RS 17:281 (1993) does not allow students to e tested, quizzed, or surveyed about their personal or family beliefs or practices in sex, morality, or religion. Massachusetts Last Updated: 1/21/2006 ![]() No state policy. Massachusetts adheres to the federal regulations set forth in the federal Pupil Protection and Rights Act (PPRA). Maryland Last Updated: 1/16/2006 ![]() No state policy. Maine Last Updated: 1/16/2006 ![]()
No state policy. Michigan Last Updated: 1/21/2006 ![]()
No state policy. Minnesota Last Updated: 1/22/2006 ![]() No state policy. Missouri Last Updated: 1/22/2006 ![]() No specific state policy; Missouri adheres to federal PPRA requirements. Mississippi Last Updated: 1/22/2006 ![]() No state policy. Montana Last Updated: 1/22/2006 ![]() Montana does not have a policy limiting the number of student surveys, although Montana officials report that there is a working agreement among the State Education Agency (SEA), the State Health Agency (SHA), and schools that the SEA and SHA will not conduct more than one statewide student survey per academic year. Montana complies with federal FERPA and PPRA requirements concerning survey content and process. North Carolina Last Updated: 1/30/2006 ![]()
No state policy. North Dakota Last Updated: 1/30/2006 ![]() No state policy. Nebraska Last Updated: 6/11/2009 ![]() Statute 79-532 (no date available) requires the school parental involvement policy to address, How the school district participates in surveys of students and the right of parents to remove their children from such surveys". New Hampshire Last Updated: 1/29/2006 ![]()
No state policy. New Jersey Last Updated: 7/28/2009 ![]() N.J.S.A. 18A:36-34 (2001) requires that certain school surveys that ask questions concerning certain matters (including sexual and illegal behaviors) provide at least a two-week prior parental notification, provision for parental review of the instrument on request, and documented active parental permission. New Mexico Last Updated: 11/24/2008 ![]() New Mexico does not have a policy limiting the number of student surveys. However, state officials report that the Public Education and State Department of Health have a Memorandum of Understanding that limit the number of student surveys to one primary survey every other year and the possibility on a secondary survey in the off years. Nevada Last Updated: 1/25/2006 ![]() No state policy. New York Last Updated: 1/29/2006 ![]() No state policy. Ohio Last Updated: 1/30/2006 ![]() No state policy. Oklahoma Last Updated: 9/2/2008 ![]() Statute 70-11-105.1 (1995) requires each school district superintendent provide prior written notification to parents of their right to inspect survey instruments and questionnaires, and to allow parents to request that their child not participate in the class, program, test, survey or questionnaire. Statute 70-1210.511 (1989) says that Tests administered pursuant to the provisions of the Oklahoma School Testing Program Actshall not include the use of projective psychological, personality, or adjustment tests for the purpose of collecting information relative to the personality, environment, home life, parental or family relationships, economic status, religious beliefs, patriotism, sexual behavior or attitudes, or sociological problems of a student." Statute 70-11-107 (1981) requires prior written consent of a parent or guardian for student to submit to psychiatric or psychological examination, testing or treatment." Nor may any teacher or staff personnel without such consent elicit by written survey or written examination from any student information of a personal or private nature concerning any of the following areas: 1. Religious beliefs; 2. Mental or psychological problems potentially embarrassing to the student or his family; 3. Sexual behavior and attitudes; 4. Critical appraisals of other individuals with whom the student has a close family relationship; 5. Legally recognized privileged communication. Oregon Last Updated: 1/30/2006 ![]() No state policy. Pennsylvania Last Updated: 2/18/2006 ![]()
022 PA Code §4.4 (1999) requires that school districts and intermediate units adopt policies to assure parents or guardians the right to have their children excluded from research studies or surveys conducted by entities other than the school district or intermediate unit unless prior written consent has been obtained. Rhode Island Last Updated: 2/13/2013 ![]() Statute 16-38-5 (1956) states that it is unlawful to circulate in any school any questionnaire intentionally or unintentionally framed to ask pupils any intimate questions about themselves and/or their families unless the questionnaire has received the approval of the department of elementary and secondary education and the local school committee. Violation of this policy is punishable up to $100 in fines for each offense. South Carolina Last Updated: 2/18/2006 ![]() No state policy. South Dakota Last Updated: 2/18/2006 ![]()
No state policy. Tennessee Last Updated: 9/29/2011 ![]() Code 49-2-211 (1999) requires all LEA’s to have a policy stating “the rights of parents and students and guidelines for teachers and principals with respect to the administration of surveys, analyses, or evaluations of students”. Texas Last Updated: 2/18/2006 ![]() No state policy. Utah Last Updated: 2/8/2012 ![]() Code 53A-13-302 (1999) requires district policies to prohibit, "the administration of 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." Virginia Last Updated: 2/18/2006 ![]() No state policy. Vermont Last Updated: 2/18/2006 ![]() No state policy. Washington Last Updated: 2/19/2006 ![]() No state policy. Wisconsin Last Updated: 2/19/2006 ![]()
No state policy. West Virginia Last Updated: 2/19/2006 ![]() No state policy. Wyoming Last Updated: 2/19/2006 ![]()
No state policy. | ||||||||
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