ASSEMBLY, No. 2351

STATE OF NEW JERSEY

209th LEGISLATURE

INTRODUCED MAY 8, 2000

Sponsored by:

Assemblyman E. SCOTT GARRETT

District 24 (Sussex, Hunterdon and Morris)

Assemblyman GUY F. TALARICO

District 38 (Bergen)

Co-Sponsored by:

Assemblywomen Crecco, Farragher, Assemblymen Azzolina, Gregg, Merkt, Senators Bucco, McNamara, Robertson, Cardinale, Kosco and Allen

SYNOPSIS

    Requires that school districts receive written informed parental consent prior to administering certain surveys to their students.

CURRENT VERSION OF TEXT

    As introduced.

(Sponsorship Updated As Of: 12/5/2000)

An Act concerning certain surveys conducted by school districts and supplementing chapter 36 of Title 18A of the New Jersey Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. Unless a school district receives prior written informed consent from a student's parent or legal guardian and provides for a copy of the document to be available for viewing at convenient locations and time periods, the school district shall not administer to a student any academic or nonacademic survey, assessment, analysis, evaluation or comprehensive guidance and counseling values clarification program which reveals information concerning:

    (1) political affiliations;

    (2) mental and psychological problems potentially embarrassing to the student or the student's family;

    (3) sexual behavior and attitudes;

    (4) illegal, anti-social, self-incriminating and demeaning behavior;

    (5) critical appraisals of other individuals with whom a respondent has a close family relationship;

    (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

    (7) income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program; or

    (8) social security number.

    b. The school district shall request prior written informed consent at least two weeks prior to the administration of the survey, assessment, analysis, evaluation or comprehensive guidance and counseling values clarification program.

    c. A student shall not participate in any survey, assessment, analysis, evaluation or comprehensive guidance and counseling values clarification program that concerns the issues listed in subsection a. of this section unless the school district has obtained prior written informed consent from that student's parent or guardian.

    d. A school district that violates the provisions of this act shall be subject to such monetary penalties as determined by the commissioner.

    2. This act shall take effect immediately.

STATEMENT

    This bill provides that prior to a school district administering certain academic or nonacademic surveys, assessments, analyses, evaluations or comprehensive guidance and counseling values clarification programs to its students it must receive written informed consent from a student's parent or legal guardian and must provide a copy of the document for viewing at convenient locations and time periods . These requirements would only apply if information is revealed concerning (1) political affiliations; (2) mental and psychological problems potentially embarrassing to the student or the student's family; (3) sexual behavior and attitudes; (4) illegal, anti-social, self-incriminating and demeaning behavior; (5) critical appraisals of other individuals with whom a respondent has a close family relationship; (6) legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; (7) income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program; or (8) social security numbers.

    If a district violates the provisions of the bill, it would be subject to such monetary penalties as will be determined by the commissioner.

    This bill is modeled on 20 U.S.C.A. s.1232h, commonly referred to as the Protection of Pupil Rights Amendment. This law provides, in part, that school districts must receive written parental consent before students are required to fill out any survey, analysis, or evaluation that is funded with moneys from the federal Department of Education and that deals with certain sensitive issues.