Kansas 2023-2024 Regular Session

Kansas House Bill HB2407 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2023
2	2	HOUSE BILL No. 2407
3	3	By Committee on Child Welfare and Foster Care
4	4	2-10
5	5	AN ACT concerning students; relating to nonacademic questionnaires;
6	6	eliminating the requirement for parental consent for a student to
7	7	participate in a nonacademic questionnaire; allowing for notice of a
8	8	nonacademic questionnaire to be administered; amending K.S.A. 2022
9	9	Supp. 72-6316 and repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 2022 Supp. 72-6316 is hereby amended to read as
12	12	follows: 72-6316. (a) A No nonacademic test, questionnaire, survey or
13	13	examination containing any questions about the personal and private
14	14	attitudes, values, beliefs or practices of the student or on issues such as
15	15	sex, family life, morality or religion, or any questions about the student's
16	16	parents, guardians, family members, associates, friends or peers that is
17	17	administered during the school day shall not be or guardians' beliefs or
18	18	practices on issues such as sex, family life, morality or religion, shall be
19	19	administered to any student enrolled in kindergarten or grades one through
20	20	12, unless the parent or guardian of the student:
21	21	(1) Is notified in writing not more than four months in advance of the
22	22	administration of such test, questionnaire, survey or examination that such
23	23	test, questionnaire, survey or examination is to be administered. Such
24	24	notification shall include:
25	25	(A) A copy of the test, questionnaire, survey or examination that is to
26	26	be administered;
27	27	(B) information on how the parent or guardian may provide written
28	28	consent to authorize the student to take such test, questionnaire, survey or
29	29	examination;
30	30	(C) the name of the company or entity that produces or provides the
31	31	test, questionnaire, survey or examination to the school; and
32	32	(D) whether the school will receive or maintain the resulting data and
33	33	an explanation of how the school intends to use and maintain such data;
34	34	andSuch test, questionnaire, survey or examination does not record,
35	35	request or solicit a student to provide any personally identifiable student
36	36	data;
37	37	(2) gives written consent through a written or electronic signature to
38	38	authorize the student to take the test, questionnaire, survey or examination
39	39	or, in the event of an immediate need, gives verbal consent. Such written
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 HB 2407 2
76	76	consent may only be accepted after a parent or guardian has received the
77	77	notification required pursuant to paragraph (1) and had an opportunity to
78	78	review the information contained in such notification. Written consent
79	79	shall be provided separately for each individual test, questionnaire, survey
80	80	or examination that is to be administered. each student is informed that
81	81	participation in such test, questionnaire, survey or examination is
82	82	voluntary;
83	83	(3) the parent or legal guardian of each such student receives, in
84	84	advance of the administration of the test, questionnaire, survey or
85	85	examination, written notice that such parent or legal guardian may opt out
86	86	such student from such test, questionnaire, survey or examination; and
87	87	(4) the results of such test, questionnaire, survey or examination are
88	88	reported only as aggregate data.
89	89	(b) Notwithstanding a parent or guardian's consent for a student to
90	90	take any such test, questionnaire, survey or examination, a student shall
91	91	have the right to refuse to take any such test, questionnaire, survey or
92	92	examination at any time without limitation. Prior to the administration of
93	93	any such test, questionnaire, survey or examination, each student shall be
94	94	informed that such student has the right to refuse to take such test,
95	95	questionnaire, survey or examination and that the student will not suffer
96	96	any adverse consequences based on such refusal.
97	97	(c) Prior to the administration of any such test, questionnaire, survey
98	98	or examination, a school district shall post and maintain a copy of such
99	99	test, questionnaire, survey or examination on the school district website.
100	100	(d) No personally identifiable student data shall be collected through
101	101	any such test, questionnaire, survey or examination.
102	102	(e) Except as provided in subsection (f), the provisions of this section
103	103	shall apply to any test, questionnaire, survey or examination described in
104	104	subsection (a) that is administered or proposed to be administered to any
105	105	student by any employee of a school district, including, but not limited to,
106	106	any administrator, teacher, counselor, social worker, psychologist or nurse.
107	107	(f) Notwithstanding the provisions of this section, if any school
108	108	district employee becomes aware that a student may be at risk of suicide
109	109	by a credible report from the student, the student's peers or another school
110	110	district employee, the school personnel who are designated by the school
111	111	to administer a suicide risk assessment or screening tool may administer
112	112	such risk assessment or screening tool in accordance with the provisions of
113	113	this subsection to determine whether the student could be at risk for
114	114	suicide. Such designated school personnel may include, but is not limited
115	115	to, any administrator, teacher, counselor, social worker, psychologist or
116	116	nurse. Prior to the administration of any such risk assessment or screening
117	117	tool, the designated school personnel shall verbally notify the parent or
118	118	guardian before the administration of such risk assessment or screening
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 HB 2407 3
162	162	tool and obtain the consent of the parent or guardian. If the designated
163	163	school personnel is unable to verbally notify the parent or guardian of the
164	164	student and obtain consent after reasonable attempts to do so, the
165	165	designated school personnel may administer the risk assessment or
166	166	screening tool without such consent. If a risk assessment or screening tool
167	167	is administered without the parent or guardian's consent, as soon as contact
168	168	with the parent or guardian is made, the designated school personnel shall
169	169	notify the parent or guardian of the administration of such assessment or
170	170	screening tool and provide to the parent or guardian all information
171	171	obtained from the risk assessment or screening tool administered to the
172	172	student. This section shall not prohibit school counselors or other
173	173	school-based health professionals from providing counseling services to a
174	174	student, including the administration of tests and forms that are part of a
175	175	counselor's or other school-based mental health provider's student
176	176	counseling services. Any information obtained through such tests or
177	177	counseling services shall not be stored on any personal mobile electronic
178	178	device that is not owned by the school district, including, but not limited
179	179	to, laptops, tablets, phones, flash drives, external hard drives or virtual
180	180	servers.
181	181	Sec. 2. K.S.A. 2022 Supp. 72-6316 is hereby repealed.
182	182	Sec. 3. This act shall take effect and be in force from and after its
183	183	publication in the statute book.
184	184	1
185	185	2
186	186	3
187	187	4
188	188	5
189	189	6
190	190	7
191	191	8
192	192	9
193	193	10
194	194	11
195	195	12
196	196	13
197	197	14
198	198	15
199	199	16
200	200	17
201	201	18
202	202	19
203	203	20
204	204	21
205	205	22