Session of 2024
HOUSE BILL No. 2719
By Committee on Education
Requested by Representative Goetz
2-6
AN ACT concerning education; relating to school districts; administration
of nonacademic tests, questionnaires, surveys and examinations;
extending the time that school districts may provide notice to parents of
the administration of a nonacademic tests, questionnaires, surveys or
examinations; requiring school districts to contact parents if any such
tests, questionnaires, surveys or examinations indicate a concern for
any student; amending K.S.A. 2023 Supp. 72-6316 and repealing the
existing section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 72-6316 is hereby amended to read as
follows: 72-6316. (a) A nonacademic test, questionnaire, survey or
examination containing any questions about the personal and private
attitudes, values, beliefs or practices of the student or the student's parents,
guardians, family members, associates, friends or peers that is
administered during the school day shall not 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 six 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;
and
(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.
(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) (g), 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) (1) If any test, questionnaire, survey or examination that is
intended to screen a student to identify whether such student is at risk for
social-emotional behavior problems is administered to a student, the
school district shall report the results of such test, questionnaire, survey or
examination to the parent or guardian of the student as follows:
(A) If a student is determined to be at high risk for social-emotional
behavior problems, the school district shall make direct contact with the
parent or guardian of the student not more than 30 days following the
administration of such test, questionnaire, survey or examination; and
(B) if a student is determined to be at medium or low risk for social-
emotional behavior problems, the school district shall send a written
communication to the parent or guardian of the student not more than 60
days following the administration of such test, questionnaire, survey or
examination.
(2) As used in this subsection, "direct contact" means that a teacher,
counselor or administrator of the school district communicates with the
parent or guardian through an in-person communication or through a
synchronous electronic or telephone communication.
(g) Notwithstanding the provisions of this section, if any school
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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
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.
Sec. 2. K.S.A. 2023 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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