New Jersey-2022-A3920-Introduced

An Act concerning the administration of certain student health surveys and amending P.L.2021, c.156.

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

1. Section 1 of P.L.2021, c.156 (C.18A:36-34.1) is amended to read as follows:

1. a. Notwithstanding section 1 of P.L.2001, c.364 (C.18A:36-34), or any other law, rule, or regulation to the contrary, a school district that [sends] receives prior written [notification to] permission from a parent or legal guardian of a student may administer an anonymous, voluntary survey, assessment, analysis or evaluation to the student which reveals information concerning any of the following issues:

(1) use of alcohol, tobacco, drugs, and vaping;

(2) sexual behavior and attitudes;

(3) behaviors that may contribute to intentional or unintentional injuries or violence; or

(4) physical activity and nutrition-related behaviors.

b. [Written notification provided by a school district to the parent or legal guardian of a student] A school district shall [be delivered] deliver to the parent or legal guardian by regular mail, electronic mail, or a written acknowledgement form to be delivered by the student at least two weeks prior to administration of the survey, assessment, analysis or evaluation [Written notification shall contain], a permission form that includes, at minimum, the following information:

(1) a description of the survey, assessment, analysis, or evaluation;

(2) the purpose for which the survey, assessment, analysis, or evaluation is needed;

(3) the entities and persons that will have access to the information generated by the survey, assessment, analysis, or evaluation;

(4) specific instruction as to 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 grant or deny permission to administer the survey, assessment, analysis, or evaluation to the student; [a form specifically providing for such denial shall be included with this notice;] and

(6) the names and contact information of persons to whom questions can be directed [; and

(7) a statement advising that failure to respond indicates approval of participation in the survey, assessment, analysis, or evaluation].

c. Information obtained through a survey, assessment, analysis or
evaluation administered to a student in accordance with this section shall be submitted to the Department of Education and the Department of Health. Information may be used to develop public health initiatives and prevention programs. Information shall not be used for marketing or other commercial purposes that are not related to student health.

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

(cf: P.L.2021, c.156, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would require school districts to receive written permission from a parent or legal guardian before administering certain health surveys to students. Under current law, a school district that sends prior written notification to a parent or legal guardian may administer an anonymous, voluntary survey, assessment or evaluation to the student which reveals information concerning any of the following issues:

� use of alcohol, tobacco, drugs, and vaping;

� sexual behavior and attitudes;

� behaviors that may contribute to intentional or unintentional injuries or violence; or

� physical activity and nutrition-related behaviors.

Written notification provided to a parent or legal guardian is required to be delivered by regular mail, electronic mail, or a written acknowledgement form to be delivered by the student at least two weeks prior to administration of the survey, assessment, analysis, or evaluation. Information obtained through the survey is also required to be submitted to the Department of Education and the Department of Health and may be used to develop public health initiatives and prevention programs.

This bill would amend current law to require a school district to receive written permission from a parent or legal guardian, rather than providing notification, prior to administering an anonymous, voluntary survey, assessment, analysis or evaluation to a student concerning the use of alcohol, tobacco, drugs, and vaping; sexual behavior and attitudes; behaviors that may contribute to intentional or unintentional injuries or violence; or physical activity and nutrition-related behaviors.