Law / United States / 
New Hampshire
Parental Bill of Rights: parents' rights over nonacademic surveys, district data collection, education and medical records, and recordings of the child
RSA 189-B:4, I(j), (k), (o), (p) and (r)
In force since .
A data subject rights rule binding government bodies.
- Private right of action
- Yes
- Obligation class
- Consent, Data subject rights
- Audit expectation
- none
What it requires
- If you are a school, give a parent the right to be advised of, and to opt the minor child out of, any nonacademic survey or questionnaire (RSA 189-B:4, I(j)).
- If you are a school, give a parent the right to opt the minor child out of any district-level data collection relating to the child that is not required by federal or state law (RSA 189-B:4, I(k)).
- If you are a school, let a parent access and review all education records relating to the minor child within 10 business days after the day you receive a request for access (RSA 189-B:4, I(o)).
- If you are a school, let a parent access and review all medical records of the minor child that the school or school personnel maintain, unless otherwise prohibited by law (RSA 189-B:4, I(r)).
- If you are the state or a political subdivision, including a school, obtain a parent's written consent before you make a video or voice recording of the minor child, unless the recording is made as part of a court proceeding, a forensic interview in a criminal or child protective services investigation, a safety demonstration, the administration of a required assessment, a school-sponsored event open to the general public, regular instructional coursework, or approved student journalism or media production (RSA 189-B:4, I(p)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
RSA 189-B:4, I(j), (k), (o), (p) and (r) reserve to parents the rights to opt out of nonacademic surveys and district-level data collection, to access education and medical records, and to consent before a recording of the child. A rights-and-consent regime imposes no duty to make or keep a log of processing; the access rights in paragraphs I(o) and I(r) reach education and medical records the school already holds. The cited provisions state no territorial reach, so no hook is taken.
- Kind
- None
- As of
What this law does
The Parental Bill of Rights reserves to the parents of a minor child the right to be advised of, and to opt the child out of, any nonacademic survey or questionnaire. It reserves the right to opt out of any district-level data collection relating to the child that is not required by federal or state law. It reserves the right to access and review all education records relating to the child within 10 business days after the school receives a request.
It reserves the right to access and review all medical records of the child maintained by a school or school personnel, unless otherwise prohibited by law. It reserves the right to consent in writing before the state or any of its political subdivisions, including a school under RSA 189:68, III to V, makes a video or voice recording of the child, unless an exception applies.
The exceptions cover a court proceeding, a forensic interview in a criminal or child protective services investigation, a safety demonstration, the administration of a required assessment, a school-sponsored event open to the general public, regular instructional coursework, and approved student journalism or media production.
No school or school personnel may infringe those rights unless the infringement is supported by clear and convincing evidence and is narrowly tailored to address the compelling state interest. A parent who claims a violation may bring an action for declaratory or injunctive relief, or both, and monetary damages against the school, and a prevailing parent recovers reasonable attorneys' fees and court costs.
When LexLint raises it
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