Session of 2023
HOUSE BILL No. 2407
By Committee on Child Welfare and Foster Care
2-10
AN ACT concerning students; relating to nonacademic questionnaires;
eliminating the requirement for parental consent for a student to
participate in a nonacademic questionnaire; allowing for notice of a
nonacademic questionnaire to be administered; amending K.S.A. 2022
Supp. 72-6316 and repealing the existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2022 Supp. 72-6316 is hereby amended to read as
follows: 72-6316. (a) A No nonacademic test, questionnaire, survey or
examination containing any questions about the personal and private
attitudes, values, beliefs or practices of the student or on issues such as
sex, family life, morality or religion, or any questions about the student's
parents, guardians, family members, associates, friends or peers that is
administered during the school day shall not be or guardians' beliefs or
practices on issues such as sex, family life, morality or religion, shall be
administered to any student enrolled in kindergarten or grades one through
12, unless the parent or guardian of the student:
(1) Is notified in writing not more than four months in advance of the
administration of such test, questionnaire, survey or examination that such
test, questionnaire, survey or examination is to be administered. Such
notification shall include:
(A) A copy of the test, questionnaire, survey or examination that is to
be administered;
(B) information on how the parent or guardian may provide written
consent to authorize the student to take such test, questionnaire, survey or
examination;
(C) the name of the company or entity that produces or provides the
test, questionnaire, survey or examination to the school; and
(D) whether the school will receive or maintain the resulting data and
an explanation of how the school intends to use and maintain such data;
andSuch test, questionnaire, survey or examination does not record,
request or solicit a student to provide any personally identifiable student
data;
(2) gives written consent through a written or electronic signature to
authorize the student to take the test, questionnaire, survey or examination
or, in the event of an immediate need, gives verbal consent. Such written
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consent may only be accepted after a parent or guardian has received the
notification required pursuant to paragraph (1) and had an opportunity to
review the information contained in such notification. Written consent
shall be provided separately for each individual test, questionnaire, survey
or examination that is to be administered. each student is informed that
participation in such test, questionnaire, survey or examination is
voluntary;
(3) the parent or legal guardian of each such student receives, in
advance of the administration of the test, questionnaire, survey or
examination, written notice that such parent or legal guardian may opt out
such student from such test, questionnaire, survey or examination; and
(4) the results of such test, questionnaire, survey or examination are
reported only as aggregate data.
(b) Notwithstanding a parent or guardian's consent for a student to
take any such test, questionnaire, survey or examination, a student shall
have the right to refuse to take any such test, questionnaire, survey or
examination at any time without limitation. Prior to the administration of
any such test, questionnaire, survey or examination, each student shall be
informed that such student has the right to refuse to take such test,
questionnaire, survey or examination and that the student will not suffer
any adverse consequences based on such refusal.
(c) Prior to the administration of any such test, questionnaire, survey
or examination, a school district shall post and maintain a copy of such
test, questionnaire, survey or examination on the school district website.
(d) No personally identifiable student data shall be collected through
any such test, questionnaire, survey or examination.
(e) Except as provided in subsection (f), the provisions of this section
shall apply to any test, questionnaire, survey or examination described in
subsection (a) that is administered or proposed to be administered to any
student by any employee of a school district, including, but not limited to,
any administrator, teacher, counselor, social worker, psychologist or nurse.
(f) Notwithstanding the provisions of this section, if any school
district employee becomes aware that a student may be at risk of suicide
by a credible report from the student, the student's peers or another school
district employee, the school personnel who are designated by the school
to administer a suicide risk assessment or screening tool may administer
such risk assessment or screening tool in accordance with the provisions of
this subsection to determine whether the student could be at risk for
suicide. Such designated school personnel may include, but is not limited
to, any administrator, teacher, counselor, social worker, psychologist or
nurse. Prior to the administration of any such risk assessment or screening
tool, the designated school personnel shall verbally notify the parent or
guardian before the administration of such risk assessment or screening
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tool and obtain the consent of the parent or guardian. If the designated
school personnel is unable to verbally notify the parent or guardian of the
student and obtain consent after reasonable attempts to do so, the
designated school personnel may administer the risk assessment or
screening tool without such consent. If a risk assessment or screening tool
is administered without the parent or guardian's consent, as soon as contact
with the parent or guardian is made, the designated school personnel shall
notify the parent or guardian of the administration of such assessment or
screening tool and provide to the parent or guardian all information
obtained from the risk assessment or screening tool administered to the
student. This section shall not prohibit school counselors or other
school-based health professionals from providing counseling services to a
student, including the administration of tests and forms that are part of a
counselor's or other school-based mental health provider's student
counseling services. Any information obtained through such tests or
counseling services shall not be stored on any personal mobile electronic
device that is not owned by the school district, including, but not limited
to, laptops, tablets, phones, flash drives, external hard drives or virtual
servers.
Sec. 2. K.S.A. 2022 Supp. 72-6316 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
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