SENATE, No. 454
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
Senator JOSEPH F. VITALE
District 19 (Middlesex)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman CONNIE WAGNER
District 38 (Bergen and Passaic)
Assemblywoman MILA M. JASEY
District 27 (Essex and Morris)
Senator Van Drew and Assemblywoman Jimenez
Permits a student to participate in certain voluntary surveys if the district sends prior written notification to the student's parents; limits use of information obtained from survey.
CURRENT VERSION OF TEXT
As reported by the Assembly Education Committee on February 11, 2013, with amendments.
An Act concerning certain 1student1 surveys 1[conducted by school districts]1 and amending 1and supplementing1 P.L.2001, c.364.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2001, c.364 (C.18A:36-34) is amended to read as follows:
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] permit a student to be required to participate in any academic or nonacademic survey, assessment, analysis or evaluation 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 or evaluation.
c. A student [shall not] may participate in [any] a voluntary survey, assessment, analysis or evaluation that concerns the issues listed in 1paragraphs (2), (4), (5), (6), or (7) of1 subsection a. of this section [unless] if the school district has [obtained] sent prior written [informed consent from] notification to that student's parent or guardian.
The written notification shall, at a minimum, contain the following: (1) a description of the survey, assessment, analysis or evaluation; (2) the purpose for which the survey, assessment, analysis or evaluation is needed; (3) entities and persons that will have access to the information generated by the survey, assessment, analysis or evaluation; (4) specific instructions on when and where the survey, assessment, analysis or evaluation will be available for parental or legal guardian review prior to its administration; (5) the method by which the parent or legal guardian can deny permission to administer the survey, assessment, analysis or evaluation to the student; (6) the names of persons to whom questions can be directed; and (7) notification that failure to respond indicates approval of participation in the survey, assessment, analysis or evaluation.
d. A school district that violates the provisions of this act shall be subject to such monetary penalties as determined by the commissioner.
(cf: P.L.2001, c.364, s.1)
12. (New section) Any information obtained through a survey administered to a public school student shall not be used for marketing or other commercial purposes that are not related to education.1
1[2.] 3.1 This act shall take effect immediately.