Law / United States / 
Guam
Protection of Minors' and Students' Rights Act: written parental consent before sensitive student surveys
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Consent
- Audit expectation
- none
What it requires
- If you are a government entity or school, do not give a minor or student a written survey, assessment, analysis or evaluation that reveals political affiliations, mental or psychological problems embarrassing to the student or family, sexual behavior and attitudes, illegal or self-incriminating behavior, appraisals of close family members, privileged relationships, income beyond what a program requires for eligibility, or a Social Security number, unless you first receive the written informed consent of the student's parent or legal guardian and make a copy of the document available for viewing at convenient locations and times (17 GCA 6602(a) and (c)).
- Request that consent at least two weeks before you administer the survey, assessment, analysis or evaluation (17 GCA 6602(b)).
- Print on the first page of the survey the notice that a student younger than eighteen in a public school should not complete it without a parent's or legal guardian's written permission (17 GCA 6602(d)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 6602 sets a written-consent requirement, a two-week request period and a first-page notice for sensitive student surveys, and names no log, record-keeping, retention or audit duty.
- Kind
- None
- As of
What this law does
A government entity or school may not administer to a minor or student a written academic or nonacademic survey, assessment, analysis or evaluation that reveals political affiliations, sexual behavior and attitudes, illegal or self-incriminating behavior, income, a Social Security number or the other topics section 6602 lists, unless it first receives the written informed consent of the minor's or student's parent or legal guardian and makes a copy of the document available for viewing.
The consent must be requested at least two weeks before the survey, assessment, analysis or evaluation is administered. The first page of any such survey must carry a notice that a student under eighteen in a public school should not complete it without a parent's or legal guardian's written permission. Section 6602 does not apply to a survey, assessment, analysis or evaluation that does not identify the person taking it.
Section 6602 also does not apply to one administered to gather information on bullying, violations of school conduct or the Criminal and Corrections Code, the immediate health or safety of students or school staff, or under federal law or regulation. The Protection of Minors' and Student's Rights Act was added by Public Law 31-201 on , and section 6602 was amended by Public Law 32-029 on .
When LexLint raises it
When your app profile says your app processes personal data or serves under-18s.
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