FIRST REGULAR SESSION
SENATE BILL NO. 223
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
0850S.02I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 167, RSMo, by adding thereto one new section relating to student surveys.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto 1
one new section, to be known as section 167.2025, to read as 2
follows:3
167.2025. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Parent", a child's parent, legal guardian, or 3
other person standing in loco parentis for a child; 4
(2) "Protection of Pupil Rights Amendment" or "PPRA", 5
the federal Protection of Pupil Rights Amendment, as set 6
forth in 20 U.S.C. 1232h, as amended; 7
(3) "School", any institution of elementary or 8
secondary education that is subject to the PPRA and re ceives 9
state funding; 10
(4) "Survey", any method or tool used to gather 11
information from students, including, but not limited to, 12
any survey, questionnaire, quiz, analysis, evaluation, or 13
other class activity. 14
2. At least twenty-four hours prior to presenting a 15
survey to a student, a school shall notify the parent of 16
such student, disclose the full contents of the survey to 17
such parent, and obtain written parental consent if the 18
survey asks any question relating to any of the following 19 SB 223 2
items protected under the federal Protection of Pupil Rights 20
Amendment: 21
(1) Political affiliations or beliefs of the student 22
or the student's parent; 23
(2) Mental or psychological problems of the student or 24
the student's family, including, but n ot limited to, 25
substance abuse issues; 26
(3) Sexual behavior or attitudes; 27
(4) Illegal, antisocial, self -incriminating, or 28
demeaning behavior; 29
(5) Critical appraisals of other individuals with whom 30
the student has close family relationsh ips; 31
(6) Legally recognized privileged or analogous 32
relationships, such as those of lawyers, physicians, and 33
ministers; 34
(7) Religious practices, affiliations, or beliefs of 35
the student or the student's parent; or 36
(8) Income, except as required by law to determine 37
eligibility for participation in a program or for receiving 38
financial assistance under such program. 39
3. The information required to be disclosed to parents 40
pursuant to subsection 2 of this section may be posted on 41
the school's website on a page that is easily accessible to 42
parents. 43
4. The attorney general or the prosecuting or circuit 44
attorney in the county in which a violation of this section 45
occurs may bring a civil action, including an action for 46
injunctive relief, against any school counselor, teacher, 47
principal, contracted personnel, or other employee, agent, 48
or official of a school who violates any of the provisions 49
of this section. Such action shall be brought in the county 50
where the violation occu rred. 51 SB 223 3
5. Any parent of a student may bring a civil action, 52
including an action for injunctive relief or for damages, 53
against any counselor, teacher, principal, contracted 54
personnel, or other agent or official of the school in which 55
their child is enrolled, for any violation of this section 56
which causes harm to their child. Such action shall be 57
brought in the county where the violation occurred. If the 58
parent prevails, the court shall award to such parent court 59
costs and reasonable attorney's fees and any other damages 60
or remedy which in the judgment of the court shall be 61
appropriate. 62