South Dakota 2023 Regular Session

South Dakota Senate Bill SB151

Introduced
1/26/23  
Refer
1/26/23  
Report Pass
2/21/23  

Caption

Clarify information related to students that is not subject to survey, analysis, or evaluation without consent.

Impact

SB151 aims to solidify the protections around student data by preventing schools from administering surveys that may collect potentially sensitive information without appropriate consent mechanisms. This could lead to a change in how schools collect data, potentially reducing the number of surveys conducted or altering the content of such surveys. The bill reflects a growing concern about data privacy within educational settings and aligns with similar movements across other states. It may also impact school districts' policies regarding student engagement and data collection practices, possibly leading to a reexamination of existing surveys to ensure compliance with the new law.

Summary

Senate Bill 151 seeks to enhance the privacy of students in South Dakota by establishing clearer guidelines regarding the information that can be requested from students through surveys and evaluations. Specifically, the bill stipulates that no elementary or secondary school may require a student to participate in surveys or evaluations that request personal or sensitive information without prior written consent from a parent or from the student if they are an adult or emancipated minor. This includes various types of data such as political affiliations, mental health issues, sexual behavior, and family gun ownership, among others. The language emphasizes the necessity of consent before any sensitive information can be solicited, highlighting a commitment to student rights and personal privacy in education environments.

Sentiment

The sentiment surrounding SB151 appears to be largely positive among proponents who argue it strengthens student privacy rights and places necessary boundaries on the information gathered by schools. Supporters view this bill as a vital step towards protecting students from invasive inquiries that could affect their wellbeing. However, some opponents express concern that these restrictions could hinder meaningful evaluations and understanding of student needs, particularly in sensitive areas like mental health. The discussions around the bill highlight a balance between protecting student privacy and ensuring that educators have access to the data they need to support student success.

Contention

Key points of contention related to SB151 primarily revolve around the extent of parental control over student data and the implications for educational quality. While proponents celebrate the empowerment of parents and the protection of students, critics question whether such strict measures could prevent schools from obtaining necessary feedback regarding student health and academic needs. Furthermore, there may be concerns about how this bill could affect existing surveys, assessments, and data collection strategies that are integral for educational and developmental purposes. The debate underscores a broader discourse on the intersection of privacy rights and the educational imperatives of understanding student populations.

Companion Bills

No companion bills found.

Similar Bills

No similar bills found.