Law / United States / New Jersey

School surveys that reveal sensitive information about a student need prior written parental consent

School surveys, N.J.S.A. 18A:36-34 (P.L.2001, c.364)

In force since .

A sensitive categories rule binding government bodies.

Obligation class
Consent, Prohibition

What it requires

  • If you are a school district, do not administer to a student any academic or nonacademic survey, assessment, analysis or evaluation that reveals information concerning political affiliations, mental and psychological problems potentially embarrassing to the student or family, sexual behavior and attitudes, illegal, anti-social, self-incriminating and demeaning behavior, critical appraisals of close family members, privileged or analogous relationships, income (other than as the law requires for program eligibility) or social security number, unless you have the parent's or legal guardian's prior written informed consent and make a copy of the document available for viewing (N.J.S.A. 18A:36-34(a) and (c)).
  • Request that consent at least two weeks before administering the survey, assessment, analysis or evaluation (N.J.S.A. 18A:36-34(b)).

These lines are LexLint's reading of the law's text.

What this law does

Drafted with AI

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Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Unless a school district receives prior written informed consent from a student's parent or legal guardian and makes a copy of the document available for viewing at convenient locations and time periods, it may not administer to a student any academic or nonacademic survey, assessment, analysis or evaluation which reveals information concerning political affiliations, mental and psychological problems potentially embarrassing to the student or the student's family, sexual behavior and attitudes, illegal, anti-social, self-incriminating and demeaning behavior, critical appraisals of close family members, legally recognized privileged or analogous relationships, income other than as the law requires to determine program eligibility, or social security number.

The school district must request the prior written informed consent at least two weeks before administering the survey, assessment, analysis or evaluation. A student may not take part in such a survey, assessment, analysis or evaluation unless the school district has obtained prior written informed consent from the student's parent or guardian. A school district that violates the act is subject to monetary penalties as the commissioner determines. The act took effect immediately on its approval on .

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