Law / United States / 
Arizona
School surveys: written informed parental consent before a survey that solicits personal information about a pupil
In force.
A sensitive categories rule binding government bodies.
- Enforcement body
- Arizona Attorney General and county attorneys
- Obligation class
- Consent
- Audit expectation
- none
What it requires
- If you are a school district or charter school, obtain written informed consent from a pupil's parent before administering any written or digital survey that solicits personal information about the pupil on a subject listed in A.R.S. 15-117(A), including mental health information, medical history, political affiliations, religious practices, sexual behavior or attitudes, income and pupil biometric information (A.R.S. 15-117(A) and (C)).
- At least seven days before administering such a survey, give the pupil's parent a copy of the survey with a written informed consent form; a parent may revoke consent at any time, and for a pupil who is at least eighteen years old consent is required only from the pupil (A.R.S. 15-117(B)).
- Do not penalize a pupil or parent who does not participate, provide an alternative educational activity for a pupil whose parent does not consent, and do not include survey responses in a school academic performance indicator, the education learning and accountability system or the student accountability information system (A.R.S. 15-117(E), (F) and (H)).
- On a parent's request, give the parent any available information in a timely manner about the survey, including its name, dates, method, time required, type of information collected and reasons for administering it (A.R.S. 15-117(J)).
These lines are LexLint's reading of the law's text.
If you get it wrong
Penalty structure
The court may impose a civil penalty not to exceed $500 for each violation, paid by the school district or charter school; a district or charter school that cures after written notice by destroying the information gathered and giving written instruction to the individual circulating the survey is not subject to a penalty.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 500
What record it asks for
Logging duty
Section 15-117 requires parental consent, advance copies of the survey and information on request. The cure provision requires written instruction kept on file for one year after receipt of notice of an alleged failure, which is not a duty to log survey administration.
- Kind
- None
- As of
What this law does
Each school district and charter school must obtain written informed consent from the parent of a pupil before administering any survey that solicits personal information about the pupil on a listed subject, including mental health information, medical history, political affiliations, religious practices, sexual behavior or attitudes, income and pupil biometric information.
At least seven days before administering such a survey, the district or charter school must give the pupil's parent a copy of the survey and a written informed consent form. The section applies to written or digital surveys. A penalty may not be imposed on a pupil or the parent of a pupil who does not participate in the survey. A district or charter school must provide an alternative educational activity for a pupil whose parent does not consent.
Responses may not be included in a school academic performance indicator, the education learning and accountability system or the student accountability information system.
The section does not apply to mental health screening under section 15-104, the identification of or programming for children with disabilities or gifted pupils, class instruction, discussion or assignments on subjects within the purview of the course, private schools, or any exam administered by a nationally recognized college entrance or career readiness exam provider that a student takes on public school property.
A parent who reasonably believes the section was violated may file a complaint with the attorney general or the county attorney, who may sue in superior court. For each violation the court may impose a civil penalty not to exceed $500, which the district or charter school pays.
A district or charter school that, after written notice of an alleged failure to comply, determines that a violation occurred and cures it by destroying the information gathered and giving written instruction to the individual circulating the survey is not subject to a penalty or cause of action under the section. Section 15-117 was amended by chapter 200, Laws of 2022.
When LexLint raises it
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