Law / United States / 
Kansas
Student Data Privacy Act, consent for nonacademic surveys and questionnaires
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- If you are a school district, do not administer during the school day a nonacademic test, questionnaire, survey or examination that asks about the personal and private attitudes, values, beliefs or practices of a student or the student's family to a student in kindergarten or grades one through 12 unless the parent or guardian was notified in writing not more than four months in advance and has given written consent for that instrument, or verbal consent in the event of an immediate need (section 72-6316(a)).
- Put in that notice a copy of the instrument, how to give written consent, the name of the company or entity that produces or provides it to the school, and whether the school will receive or maintain the resulting data and how it will use and maintain it (section 72-6316(a)(1)).
- Tell each student before the instrument is administered that the student may refuse at any time and will suffer no adverse consequence for refusing (section 72-6316(b)).
- Post a copy of the instrument on the school district website before it is administered (section 72-6316(c)).
- Do not collect personally identifiable student data through the instrument (section 72-6316(d)).
- Before designated school personnel administer a suicide risk assessment or screening tool after a credible report that a student may be at risk of suicide, verbally notify the parent or guardian and obtain consent; if after reasonable attempts the parent or guardian cannot be reached and the tool is administered without consent, notify the parent or guardian as soon as contact is made and provide all information obtained (section 72-6316(f)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
The section requires written notice, written consent and a posted copy of the instrument. It names no log or record the district keeps, no audit and no reader of a record, and it states no territorial clause.
- Kind
- None
- As of
What this law does
Section 72-6316(a) bars a school from administering, during the school day, a nonacademic test, questionnaire, survey or examination that asks about the personal and private attitudes, values, beliefs or practices of the student or the student's family, to a student in kindergarten or grades one through 12, unless the parent or guardian is notified in writing and gives written consent, or verbal consent in the event of an immediate need.
The written notice must include a copy of the instrument, the name of the company or entity that produces or provides it to the school, and whether the school will receive or maintain the resulting data and how it intends to use and maintain that data. Written consent may be accepted only after the parent or guardian has received the notification and had an opportunity to review it, and it must be given separately for each instrument.
Under section 72-6316(b) a student has the right to refuse to take any such test, questionnaire, survey or examination at any time, and must be told so before it is administered. Section 72-6316(c) requires a school district to post and maintain a copy of the instrument on the school district website before it is administered. Section 72-6316(d) provides that no personally identifiable student data shall be collected through any such test, questionnaire, survey or examination.
Section 72-6316(e) applies the section to any such instrument administered or proposed to be administered by any employee of a school district, including an administrator, teacher, counselor, social worker, psychologist or nurse.
Section 72-6316(f) lets school personnel designated by the school administer a suicide risk assessment or screening tool when a school district employee becomes aware, by a credible report, that a student may be at risk of suicide: the designated personnel must first verbally notify the parent or guardian and obtain consent, may proceed without consent only after reasonable attempts to do so fail, and must then notify the parent or guardian as soon as contact is made and provide all information obtained.
The official history note records an amendment of the section by L. 2022, ch. 94, § 27, and gives July 1 as the day the section as last amended took effect.
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