53A-13-302 - Activities prohibited without prior written consent -- Validity of consent -- Qualifications -- Training on implementation.
53A-13-302. Activities prohibited without prior written consent -- Validity ofconsent -- Qualifications -- Training on implementation.
(1) Policies adopted by a school district under Section 53A-13-301 shall includeprohibitions on the administration to a student of any psychological or psychiatric examination,test, or treatment, or any survey, analysis, or evaluation without the prior written consent of thestudent's parent or legal guardian, in which the purpose or evident intended effect is to cause thestudent to reveal information, whether the information is personally identifiable or not, concerningthe student's or any family member's:
(a) political affiliations or, except as provided under Section 53A-13-101.1 or rules of theState Board of Education, political philosophies;
(b) mental or psychological problems;
(c) sexual behavior, orientation, or attitudes;
(d) illegal, anti-social, self-incriminating, or demeaning behavior;
(e) critical appraisals of individuals with whom the student or family member has closefamily relationships;
(f) religious affiliations or beliefs;
(g) legally recognized privileged and analogous relationships, such as those with lawyers,medical personnel, or ministers; and
(h) income, except as required by law.
(2) Prior written consent under Subsection (1) is required in all grades, kindergartenthrough grade 12.
(3) The prohibitions under Subsection (1) shall also apply within the curriculum andother school activities unless prior written consent of the student's parent or legal guardian hasbeen obtained.
(4) Written parental consent is valid only if a parent or legal guardian has been first givenwritten notice, including notice that a copy of the educational or student survey questions to beasked of the student in obtaining the desired information is made available at the school, and areasonable opportunity to obtain written information concerning:
(a) records or information, including information about relationships, that may beexamined or requested;
(b) the means by which the records or information shall be examined or reviewed;
(c) the means by which the information is to be obtained;
(d) the purposes for which the records or information are needed;
(e) the entities or persons, regardless of affiliation, who will have access to the personallyidentifiable information; and
(f) a method by which a parent of a student can grant permission to access or examine thepersonally identifiable information.
(5) (a) Except in response to a situation which a school employee reasonably believes tobe an emergency, or as authorized under Title 62A, Chapter 4a, Part 4, Child Abuse or NeglectReporting Requirements, or by order of a court, disclosure to a parent or legal guardian must begiven at least two weeks before information protected under this section is sought.
(b) Following disclosure, a parent or guardian may waive the two week minimumnotification period.
(c) Unless otherwise agreed to by a student's parent or legal guardian and the personrequesting written consent, the authorization is valid only for the activity for which it was
granted.
(d) A written withdrawal of authorization submitted to the school principal by theauthorizing parent or guardian terminates the authorization.
(e) A general consent used to approve admission to school or involvement in specialeducation, remedial education, or a school activity does not constitute written consent under thissection.
(6) (a) This section does not limit the ability of a student under Section 53A-13-101.3 tospontaneously express sentiments or opinions otherwise protected against disclosure under thissection.
(b) (i) If a school employee or agent believes that a situation exists which presents aserious threat to the well-being of a student, that employee or agent shall notify the student'sparent or guardian without delay.
(ii) If, however, the matter has been reported to the Division of Child and FamilyServices within the Department of Human Services, it is the responsibility of the division to notifythe student's parent or guardian of any possible investigation, prior to the student's return homefrom school.
(iii) The division may be exempted from the notification requirements described in thisSubsection (6)(b)(ii) only if it determines that the student would be endangered by notification ofhis parent or guardian, or if that notification is otherwise prohibited by state or federal law.
(7) Local school boards shall provide inservice for teachers and administrators withintheir respective school districts on the implementation of this section.
(8) The board shall provide procedures for disciplinary action for violations of thissection.
Amended by Chapter 284, 1999 General Session