Law / United States / 
Tennessee
Student surveys, analyses and evaluations: parental review and written consent (section 49-2-211 as rewritten in 2023)
In force since .
A sensitive categories rule binding government bodies.
- Obligation class
- Consent, Disclosure, Data subject rights
- Audit expectation
- none
What it requires
- If you are a local education agency, develop a policy setting forth the rights of parents and students and guidelines for teachers and principals on administering surveys, analyses or evaluations of students (section 49-2-211(a)).
- Have the policy allow a parent or legal guardian to review all surveys, analyses or evaluations before they are administered to the parent's or guardian's child (section 49-2-211(b)(1)).
- Have the policy require the LEA to obtain the written, informed, and voluntarily signed consent of the student's parent or legal guardian, or of the student if eighteen or older, before the student participates, except for a survey, analysis or evaluation related to classroom instruction of a curriculum and distributed to evaluate the effectiveness of that curriculum, and let the consent be withdrawn at any time before the student participates (section 49-2-211(b)(2)).
- Disclose to the parent or legal guardian the purpose of the survey, analysis or evaluation materials and who will have access to the results (section 49-2-211(c)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Section 49-2-211 requires a policy on student surveys with parental review, written consent and disclosure. It names no log or record that must be kept, so no logging duty is coded.
- Kind
- None
- As of
What this law does
Section 49-2-211 requires every LEA to develop a policy setting forth the rights of parents and students and guidelines for teachers and principals with respect to the administration of surveys, analyses or evaluations of students. Section 49-2-211 requires the policy to allow a parent or legal guardian to review all surveys, analyses or evaluations before they are administered to the parent's or guardian's child.
Section 49-2-211 requires the policy to require the LEA to obtain the written, informed, and voluntarily signed consent of a student's parent or legal guardian, or the student if eighteen or older, before the student participates in a survey, analysis or evaluation.
Section 49-2-211 does not apply the consent requirement to a survey, analysis or evaluation that is related to classroom instruction of a curriculum and is distributed to students as a method of evaluating the effectiveness of an instructional curriculum. Section 49-2-211 lets a parent or legal guardian, or a student aged eighteen or older, withdraw consent at any time before the student participates.
Section 49-2-211 requires the LEA to disclose to the parent or legal guardian the purpose of the survey, analysis or evaluation materials and who will have access to the results. Public Chapter 353 of 2023 deleted subsection (b) of section 49-2-211 and substituted the review and consent rule.
Before that change, subsection (b) let a parent or legal guardian opt a student out of a survey, analysis or evaluation and required written consent before the collection of individual student biometric data.
When LexLint raises it
When your app profile says your app serves K-12 schools.
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