Law / United States / 
South Dakota
Student surveys, analyses and evaluations: prior consent for sensitive topics
SDCL sec. 13-3-51.2 (SL 2014, ch. 76, sec. 3)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
What it requires
- Do not require an elementary school or secondary school student to submit to a survey, analysis, or evaluation that reveals information on political affiliations or beliefs, mental or psychological problems, sex behavior or attitudes, illegal, anti-social, self-incriminating, or demeaning behavior, critical appraisals of close family relationships, privileged relationships, religious practices, affiliations, or beliefs, personal or family gun ownership, or income (other than income information the law requires to determine eligibility for a program or for financial assistance under it), unless the student, if an adult or emancipated minor, or the parent, in the case of an unemancipated minor, has given prior consent; the parent's consent must be written (SDCL sec. 13-3-51.2).
- Treat the list of topics as open: the secretary of the Department of Education may add data, facts, or information of a similar nature that a student may not be required to disclose (SDCL sec. 13-3-51.2).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 13-3-51.2 requires prior consent, in writing from a parent, before a student is required to submit to a survey on the listed topics. It names no log, register or retained consent file, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 13-3-51.2 bars requiring an elementary school or secondary school student to submit to a survey, analysis, or evaluation that reveals information on a listed topic without prior consent.
The listed topics are political affiliations or beliefs of the student or parent; mental or psychological problems of the student or the student's family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of close family members; legally recognized privileged or analogous relationships, such as those with lawyers, physicians, and ministers; religious practices, affiliations, or beliefs; personal or family gun ownership; and income, other than income information the law requires to determine eligibility for a program or for financial assistance under it.
The consent required is the prior consent of the student if an adult or emancipated minor, or the prior written consent of the parent in the case of an unemancipated minor. The list is not exclusive, and the secretary of the Department of Education may add similar data, facts, or information a student may not be required to disclose. For this section, a parent includes a legal guardian or other person standing in loco parentis.
The section does not supersede or modify any other state law, the federal Protection of Pupil Rights Amendment at 20 U.S.C. sec. 1232h, or its regulations at 34 C.F.R. Part 98. Chapter 76 was signed on and does not state when it takes effect. Under SDCL sec. 2-14-16, an act of a regular session that does not prescribe when it takes effect takes effect on the first day of July after its passage, so chapter 76 took effect on .
When LexLint raises it
When your app profile says your app serves K-12 schools.
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