Bill Text: NJ A2421 | 2012-2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.*

Sponsorship: Partisan Bill (Democrat 5)

Status: (Introduced - Dead) 2013-06-20 - Substituted by S454 (1R) [A2421 Detail]

Download: New_Jersey-2012-A2421-Amended.html

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[First Reprint]

ASSEMBLY, No. 2421

STATE OF NEW JERSEY

215th LEGISLATURE

 

INTRODUCED FEBRUARY 16, 2012

 

 

Sponsored by:

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  CONNIE WAGNER

District 38 (Bergen and Passaic)

 

Co-Sponsored by:

Assemblywoman Jimenez

 

 

 

 

SYNOPSIS

     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.