Limitations on Student Surveys

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:

*  Political affiliations or beliefs of the student or the student's parent
*  Mental or psychological problems of the student or the student's family
*  Sex behavior or attitudes
*  Illegal, anti-social, self-incriminating, or demeaning behavior
*  Critical appraisals of other individuals with whom respondents have close family relationships
*  Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers
*  Religious practices, affiliations, or beliefs of the student or the student's parent
*  Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)


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

No state policy.


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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