§ 72-6316 — Administration of certain nonacademic tests, questionnaires, surveys or examinations; written consent required; emergency exception

(a) A nonacademic test, questionnaire, survey or examination containing any questions about the personal and private attitudes, values, beliefs or practices of the student or the student's parents, guardians, family members, associates, friends or peers that is administered during the school day shall not be administered to any student enrolled in kindergarten or grades one through 12, unless the parent or guardian of the student:
(1) Is notified in writing not more than four months in advance of the administration of such test, questionnaire, survey or examination that such test, questionnaire, survey or examination is to be administered. Such notification shall include:
(A) A copy of the test, questionnaire, survey or examination that is to be administered;
(B) information on how the parent or guardian may provide written consent to authorize the student to take such test, questionnaire, survey or examination;
(C) the name of the company or entity that produces or provides the test, questionnaire, survey or examination to the school; and
(D) whether the school will receive or maintain the resulting data and an explanation of how the school intends to use and maintain such data; and
(2) gives written consent through a written or electronic signature to authorize the student to take the test, questionnaire, survey or examination or, in the event of an immediate need, gives verbal consent. Such written consent may only be accepted after a parent or guardian has received the notification required pursuant to paragraph (1) and had an opportunity to review the information contained in such notification. Written consent shall be provided separately for each individual test, questionnaire, survey or examination that is to be administered.
(b) Notwithstanding a parent or guardian's consent for a student to take any such test, questionnaire, survey or examination, a student shall have the right to refuse to take any such test, questionnaire, survey or examination at any time without limitation. Prior to the administration of any such test, questionnaire, survey or examination, each student shall be informed that such student has the right to refuse to take such test, questionnaire, survey or examination and that the student will not suffer any adverse consequences based on such refusal.
(c) Prior to the administration of any such test, questionnaire, survey or examination, a school district shall post and maintain a copy of such test, questionnaire, survey or examination on the school district website.
(d) No personally identifiable student data shall be collected through any such test, questionnaire, survey or examination.
(e) Except as provided in subsection (f), the provisions of this section shall apply to any test, questionnaire, survey or examination described in subsection (a) that is administered or proposed to be administered to any student by any employee of a school district, including, but not limited to, any administrator, teacher, counselor, social worker, psychologist or nurse.
(f) Notwithstanding the provisions of this section, if any school district employee becomes aware that a student may be at risk of suicide by a credible report from the student, the student's peers or another school district employee, the school personnel who are designated by the school to administer a suicide risk assessment or screening tool may administer such risk assessment or screening tool in accordance with the provisions of this subsection to determine whether the student could be at risk for suicide. Such designated school personnel may include, but is not limited to, any administrator, teacher, counselor, social worker, psychologist or nurse. Prior to the administration of any such risk assessment or screening tool, the designated school personnel shall verbally notify the parent or guardian before the administration of such risk assessment or screening tool and obtain the consent of the parent or guardian. If the designated school personnel is unable to verbally notify the parent or guardian of the student and obtain consent after reasonable attempts to do so, the designated school personnel may administer the risk assessment or screening tool without such consent. If a risk assessment or screening tool is administered without the parent or guardian's consent, as soon as contact with the parent or guardian is made, the designated school personnel shall notify the parent or guardian of the administration of such assessment or screening tool and provide to the parent or guardian all information obtained from the risk assessment or screening tool administered to the student.

Legislative History

L. 2014, ch. 124, § 5; L. 2022, ch. 94, § 27; July 1.