Law / United States / Arkansas

Parental Authorization of Questionnaires Act

Ark. Code Ann. secs. 6-18-1301 to 6-18-1303 (Act 1100 of 2003)

In force.

A sensitive categories rule binding government bodies.

Instrument type
an act of a legislature
Obligation class
Consent, Disclosure
Audit expectation
none

What it requires

  • This binds a public school and a public school district, and so reaches a vendor whose questionnaire or survey a school administers to students only through the school's written-permission step (Ark. Code Ann. sec. 6-18-1303(a)).
  • If you are a public school or public school district, do not administer or permit the administration of a questionnaire or survey that requests or requires a student to supply personal identifying information unless the student's parent or legal guardian gives written permission before it is administered (sec. 6-18-1303(a)).
  • To obtain that permission, give the parent or legal guardian an opportunity to review the questionnaire or survey and written notice of how it will be administered to the student, how the results will be used, and the persons or entities that will have access to the results (sec. 6-18-1303(b)).
  • Let a student's parent or legal guardian refuse to allow the student to participate in any specified questionnaire or survey (sec. 6-18-1303(c)).

These lines are LexLint's reading of the law's text.

What record it asks for

Logging duty

The Act requires a school to obtain a parent's written permission, with a written notice, before it administers a questionnaire or survey that asks a student for personal identifying information. It names no log or record the school keeps and no reader of one.

Kind
None
As of

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Act 1100 of 2003 adds the Parental Authorization of Questionnaires Act to Chapter 18 of Title 6 of the Arkansas Code. A public school or public school district may not administer or permit the administration of a questionnaire or survey that requests or requires a student to supply any personal identifying information unless the student's parent or legal guardian gives written permission before it is administered.

To obtain permission, the school or district must give the parent or guardian an opportunity to review the questionnaire or survey and written notice of how it will be administered, how the results will be used, and who will have access to the results. A student's parent or legal guardian may refuse to allow the student to participate in any specified questionnaire or survey.

Personal identifying information means a student's name, the name of a parent or family member, the address, telephone number or email address of a student or family member, a personal identification number such as a social security number, driver's license number or student identification number, or information whose disclosure other law regulates or prohibits.

A questionnaire or survey is a list or group of questions whose responses are provided to a person or entity other than a public school, a public school district, the Department of Education or a branch of the federal government. A questionnaire or survey does not include tests mandated by state or federal law or regulation, or standardized scholastic achievement tests. A public school is any school operated by a public school district, or any open-enrollment charter school.

When LexLint raises it

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