Law / United States / 
North Carolina
Parental rights to opt in to protected information surveys of students
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Disclosure
- Audit expectation
- none
What it requires
- If you are a public school unit, make the full text of a protected information survey and the process for providing consent available to parents and adult students, for review both electronically and in person, at least 10 days before you administer the survey (G.S. 115C-76.65(b)).
- Do not permit a student to participate in a protected information survey without the prior written or electronic consent of the parent or the adult student, except a survey given as part of the Youth Risk Behavior Surveillance System, the National Youth Tobacco Survey or the North Carolina Youth Tobacco Survey, for which you must give parents notice of the opportunity to opt out (G.S. 115C-76.65(c)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
A public school unit may let a student take part in a protected information survey only with the prior written or electronic consent of the parent or the adult student, so the unit holds that consent. The section names no log contents, no retention period, no audit and no reader of a record.
- Kind
- Implicit
- As of
- Provision
- 115C-76.65(c) (a student takes part in a protected information survey only on prior written or electronic consent)
- Trigger
- consent_or_optout
What this law does
A protected information survey is a survey, analysis, or evaluation that reveals information concerning the categories the section lists, including political affiliations or beliefs, mental or psychological problems, sex behavior or attitudes, religious practices, affiliations, or beliefs, and income other than that required by law to determine eligibility for a program or for financial assistance.
A public school unit must make the process for providing consent and the full text of a protected information survey available to parents and adult students at least 10 days before administering it, for review both electronically and in person.
No student may participate in a protected information survey without the prior written or electronic consent of the parent or the adult student, except for surveys given as part of the Youth Risk Behavior Surveillance System, the National Youth Tobacco Survey, or the North Carolina Youth Tobacco Survey, for which a parent must be given notice of the opportunity to opt out.
Section 2 of Session Law 2023-106, which enacted the section, took effect when it became law and applies beginning with the 2023-2024 school year. Session Law 2023-106 became law notwithstanding the objections of the Governor on .
When LexLint raises it
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