§ 20-26-21-4 — Written request regarding personal analysis, evaluation, or survey; consent form; notice; posting; explanation

Indiana § 20-26-21-4

• Jurisdiction: Indiana
• Title 20: EDUCATION
• Art. 26: SCHOOL CORPORATIONS: GENERAL
• Ch. 21: Personal Analyses, Evaluations, or Surveys by Third

Text

(a) This section does not apply to a personal
analysis, evaluation, or survey for which consent is required under IC 20-30-5-17(c).
(b) Before a school corporation or qualified school may administer
a personal analysis, evaluation, or survey described in section 3 of this
chapter, the school corporation or qualified school must provide the
parent of the student or the student, if the student is an adult or an
emancipated minor, with a written request for consent for
administration. A consent form provided to a parent of a student or a
student under this subsection must accurately summarize the contents
and nature of the personal analysis, evaluation, or survey that will be
provided to the student and indicate that a parent of a student or an
adult or emancipated minor student has the right to review and inspect
all materials related to the personal analysis, evaluation, or survey. The
written consent form may be sent in an electronic format. The parent
of the student or the student, if the student is an adult or an
emancipated minor, may return the consent form indicating that the
parent of the student or the adult or emancipated student:
(1) consents to the personal analysis, evaluation, or survey; or
(2) declines the personal analysis, evaluation, or survey.
If a student does not participate in the personal analysis, evaluation, or
survey, the school corporation or qualified school shall provide the
student with alternative academic instruction during the same time
frame that the personal analysis, evaluation, or survey is administered.
(c) If the parent of the student or the student, if the student is an
adult or an emancipated minor, does not respond to the written request
provided by the school corporation or qualified school under subsection
(b) within twenty-one (21) calendar days after receiving the request
under subsection (b), the school corporation or qualified school shall
provide the parent of the student or the student, if the student is an
adult or an emancipated minor, a written notice requesting that the
parent of the student, or the student, if the student is an adult or an
emancipated minor, indicate, in a manner prescribed by the school
corporation or qualified school, whether the parent of the student or the
adult or emancipated student:
(1) consents to the personal analysis, evaluation, or survey; or
(2) declines the personal analysis, evaluation, or survey.
A notice provided to a parent of a student or a student under this
subsection must accurately summarize the contents and nature of the
personal analysis, evaluation, or survey that will be provided to the
student and indicate that a parent of a student or an adult or
emancipated minor student has the right to review and inspect all
materials related to the personal analysis, evaluation, or survey. The
notice may be sent in an electronic format. If the school corporation or
qualified school does not receive a response within ten (10) days after
the notice, the student will receive the personal analysis, evaluation, or
survey unless the parent or the adult or emancipated student
subsequently opts out of the personal analysis, evaluation, or survey for
the student.
(d) Each school corporation or qualified school shall:
(1) post a copy of a personal analysis, evaluation, or survey
described in subsection (b) on the school corporation's or
qualified school's website; and
(2) send with each notice an explanation of the reasons that the
school corporation or qualified school is administering the
personal analysis, evaluation, or survey.
(e) The department and the governing body shall give parents and
students notice of the parents' and students' rights under this section.

Legislative History

As added by P.L.234-2023, SEC.3. Amended by P.L.204-2025, SEC.1.