CSHB 70(HES): "An Act relating to tests, treatments, surveys, analyses, or evaluations administered in public schools."
00CS FOR HOUSE BILL NO. 70(HES) 01 "An Act relating to tests, treatments, surveys, analyses, or evaluations administered 02 in public schools." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 14.03.110 is repealed and reenacted to read: 05 Sec. 14.03.110. Obtaining information from students in public schools. (a) 06 A school district or school district employee may not, without the prior written consent 07 of the student's parent or guardian, administer to a student or permit the administration 08 to a student of a psychological or psychiatric examination, test, or treatment, or a 09 survey, analysis, or evaluation in which the purpose or evident intended effect is to 10 cause the student to reveal information, whether the information is personally 11 identifiable or not, concerning the student's or any family member's 12 (1) political affiliation or political philosophy; 13 (2) mental or psychological problems; 14 (3) sexual behavior, orientation, or attitudes;
01 (4) illegal, antisocial, self-incriminating, or demeaning behavior; 02 (5) critical appraisal of individuals with whom the student or family 03 member has close family relationships; 04 (6) religious affiliation or beliefs; 05 (7) legally recognized privileged relationships and analogous 06 relationships, including those with lawyers, medical personnel, or ministers; and 07 (8) income, except as required by law. 08 (b) The prohibitions set out in (a) of this section also apply within the 09 curriculum and in other school activities unless prior written consent of the student's 10 parent or legal guardian has been obtained. 11 (c) Written consent required under (a) of this section is valid only if a parent 12 or legal guardian has been first given written notice and a reasonable opportunity to 13 obtain written information concerning 14 (1) records or information, including information about relationships, 15 that may be examined or requested; 16 (2) the means by which the records or information may be examined 17 or reviewed; 18 (3) the means by which the information is to be obtained; 19 (4) the purposes for which the records or information are needed; 20 (5) the entities or persons, regardless of affiliation, who will have 21 access to personally identifiable information; and 22 (6) a method by which a parent or guardian of a student can grant 23 permission to another person to obtain or examine personally identifiable information. 24 (d) Except in response to a situation that a school employee reasonably 25 believes to be an emergency, or as ordered by a court, disclosure to a parent or legal 26 guardian required under (c) of this section must be given at least two weeks before 27 information protected under this section is sought. After disclosure as required under 28 this subsection, a parent or guardian may waive the two week minimum notification 29 period imposed under this subsection. 30 (e) Written consent required under (a) of this section is valid until the 31 commencement of the subsequent school year or until one of the following occurs:
01 (1) the child completes or withdraws from the course, activity, or 02 program for which the parent consent was granted; or 03 (2) a written withdrawal of authorization is submitted to the school 04 principal by the authorizing parent or guardian. 05 (f) A general consent form used to approve admission to school or a student's 06 involvement in special education, remedial education, or a school activity does not 07 constitute written consent required under (a) of this section. 08 (g) This section does not limit the ability of a student to spontaneously express 09 sentiments or opinions otherwise protected against disclosure under this section. 10 (h) Unless the matter must be reported to the Department of Health and Social 11 Services under AS 47.17.020 or the records or information were received in the course 12 of an investigation by the department under AS 47.17.027, a school employee or agent 13 who receives records or information under this section and who believes that a 14 situation exists that presents a serious threat to the well-being of a student shall notify 15 the student's parent or guardian without delay.