Student Privacy: prior written parental consent for psychological examinations and sensitive surveys of students, the notice that makes consent valid, and limits on every user of the survey data

A local education agency must include in its policies a requirement for obtaining prior written consent from the student's parent when administering to a student a psychological or psychiatric examination, test, or treatment, or a survey, analysis, or evaluation whose purpose or effect is to cause the student to reveal information about listed subjects.

The listed subjects are political affiliations or philosophies, mental or psychological problems, sexual behavior, orientation, gender identity, or attitudes, illegal, anti-social, self-incriminating, or demeaning behavior, critical appraisals of individuals with whom the student or family member has close family relationships, religious affiliations or beliefs, legally recognized privileged and analogous relationships, and income, except as required by law.

Prior written consent is required in all grades, kindergarten through grade 12. A local education agency may not provide a reward to a student for participating in, or a consequence to a student for not participating in, a covered examination, test, treatment, survey, analysis, or evaluation.

Data collected from a covered survey is a private record, may not be shared except in accordance with the Family Educational Rights and Privacy Act, may be used only for the purposes identified in the notice, and may not be included in a student's Student Achievement Backpack.

A local education agency must annually obtain prior written consent, at the time a student registers, for surveys related to an early warning system, surveys that include social emotional learning questions, and the school climate survey.

Written parental consent is valid only if the parent has first been given written notice, including notice that a copy of the survey questions is made available at the school, and a reasonable opportunity to obtain written information about the records or information to be examined, the means and purposes of obtaining them, and the persons who will have access to the personally identifiable information.

Except in a situation a school employee reasonably believes to be an emergency, by order of a court, or for the annual registration consent, the disclosure to a parent must be given at least two weeks before the protected information is sought. A general consent used to approve admission to school or involvement in special education, remedial education, or a school activity is not written consent under the section.

Data collected from a covered survey may be used by an individual, organization, or governmental entity, including the state board, only for the purposes identified in the notice.