Kansas 2023-2024 Regular Session

Kansas House Bill HB2719 Compare Versions

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

Old	New	Differences
1	1	Session of 2024
2	2	HOUSE BILL No. 2719
3	3	By Committee on Education
4	4	Requested by Representative Goetz
5	5	2-6
6	6	AN ACT concerning education; relating to school districts; administration
7	7	of nonacademic tests, questionnaires, surveys and examinations;
8	8	extending the time that school districts may provide notice to parents of
9	9	the administration of a nonacademic tests, questionnaires, surveys or
10	10	examinations; requiring school districts to contact parents if any such
11	11	tests, questionnaires, surveys or examinations indicate a concern for
12	12	any student; amending K.S.A. 2023 Supp. 72-6316 and repealing the
13	13	existing section.
14	14	Be it enacted by the Legislature of the State of Kansas:
15	15	Section 1. K.S.A. 2023 Supp. 72-6316 is hereby amended to read as
16	16	follows: 72-6316. (a) A nonacademic test, questionnaire, survey or
17	17	examination containing any questions about the personal and private
18	18	attitudes, values, beliefs or practices of the student or the student's parents,
19	19	guardians, family members, associates, friends or peers that is
20	20	administered during the school day shall not be administered to any
21	21	student enrolled in kindergarten or grades one through 12, unless the
22	22	parent or guardian of the student:
23	23	(1) Is notified in writing not more than four six months in advance of
24	24	the administration of such test, questionnaire, survey or examination that
25	25	such test, questionnaire, survey or examination is to be administered. Such
26	26	notification shall include:
27	27	(A) A copy of the test, questionnaire, survey or examination that is to
28	28	be administered;
29	29	(B) information on how the parent or guardian may provide written
30	30	consent to authorize the student to take such test, questionnaire, survey or
31	31	examination;
32	32	(C) the name of the company or entity that produces or provides the
33	33	test, questionnaire, survey or examination to the school; and
34	34	(D) whether the school will receive or maintain the resulting data and
35	35	an explanation of how the school intends to use and maintain such data;
36	36	and
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
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75	75	consent may only be accepted after a parent or guardian has received the
76	76	notification required pursuant to paragraph (1) and had an opportunity to
77	77	review the information contained in such notification. Written consent
78	78	shall be provided separately for each individual test, questionnaire, survey
79	79	or examination that is to be administered.
80	80	(b) Notwithstanding a parent or guardian's consent for a student to
81	81	take any such test, questionnaire, survey or examination, a student shall
82	82	have the right to refuse to take any such test, questionnaire, survey or
83	83	examination at any time without limitation. Prior to the administration of
84	84	any such test, questionnaire, survey or examination, each student shall be
85	85	informed that such student has the right to refuse to take such test,
86	86	questionnaire, survey or examination and that the student will not suffer
87	87	any adverse consequences based on such refusal.
88	88	(c) Prior to the administration of any such test, questionnaire, survey
89	89	or examination, a school district shall post and maintain a copy of such
90	90	test, questionnaire, survey or examination on the school district website.
91	91	(d) No personally identifiable student data shall be collected through
92	92	any such test, questionnaire, survey or examination.
93	93	(e) Except as provided in subsection (f) (g), the provisions of this
94	94	section shall apply to any test, questionnaire, survey or examination
95	95	described in subsection (a) that is administered or proposed to be
96	96	administered to any student by any employee of a school district,
97	97	including, but not limited to, any administrator, teacher, counselor, social
98	98	worker, psychologist or nurse.
99	99	(f) (1) If any test, questionnaire, survey or examination that is
100	100	intended to screen a student to identify whether such student is at risk for
101	101	social-emotional behavior problems is administered to a student, the
102	102	school district shall report the results of such test, questionnaire, survey or
103	103	examination to the parent or guardian of the student as follows:
104	104	(A) If a student is determined to be at high risk for social-emotional
105	105	behavior problems, the school district shall make direct contact with the
106	106	parent or guardian of the student not more than 30 days following the
107	107	administration of such test, questionnaire, survey or examination; and
108	108	(B) if a student is determined to be at medium or low risk for social-
109	109	emotional behavior problems, the school district shall send a written
110	110	communication to the parent or guardian of the student not more than 60
111	111	days following the administration of such test, questionnaire, survey or
112	112	examination.
113	113	(2) As used in this subsection, "direct contact" means that a teacher,
114	114	counselor or administrator of the school district communicates with the
115	115	parent or guardian through an in-person communication or through a
116	116	synchronous electronic or telephone communication.
117	117	(g) Notwithstanding the provisions of this section, if any school
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161	161	district employee becomes aware that a student may be at risk of suicide
162	162	by a credible report from the student, the student's peers or another school
163	163	district employee, the school personnel who are designated by the school
164	164	to administer a suicide risk assessment or screening tool may administer
165	165	such risk assessment or screening tool in accordance with the provisions of
166	166	this subsection to determine whether the student could be at risk for
167	167	suicide. Such designated school personnel may include, but is not limited
168	168	to, any administrator, teacher, counselor, social worker, psychologist or
169	169	nurse. Prior to the administration of any such risk assessment or screening
170	170	tool, the designated school personnel shall verbally notify the parent or
171	171	guardian before the administration of such risk assessment or screening
172	172	tool and obtain the consent of the parent or guardian. If the designated
173	173	school personnel is unable to verbally notify the parent or guardian of the
174	174	student and obtain consent after reasonable attempts to do so, the
175	175	designated school personnel may administer the risk assessment or
176	176	screening tool without such consent. If a risk assessment or screening tool
177	177	is administered without the parent or guardian's consent, as soon as contact
178	178	with the parent or guardian is made, the designated school personnel shall
179	179	notify the parent or guardian of the administration of such assessment or
180	180	screening tool and provide to the parent or guardian all information
181	181	obtained from the risk assessment or screening tool administered to the
182	182	student.
183	183	Sec. 2. K.S.A. 2023 Supp. 72-6316 is hereby repealed.
184	184	Sec. 3. This act shall take effect and be in force from and after its
185	185	publication in the statute book.
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