SB196: relative to non-academic surveys administered by a public school to its students.

SB 196 - FINAL VERSION

02/14/2019 0313s

23May2019... 1802h

2019 SESSION

19-0474

06/04

SENATE BILL 196

AN ACT relative to non-academic surveys administered by a public school to its students.

SPONSORS: Sen. Watters, Dist 4; Sen. Kahn, Dist 10; Sen. Levesque, Dist 12; Sen. Rosenwald, Dist 13; Sen. Chandley, Dist 11; Sen. Hennessey, Dist 5; Rep. Kenney, Straf. 6

COMMITTEE: Education and Workforce Development

ANALYSIS

This bill makes changes to the requirements for school district policies governing the administration of non-academic surveys or questionnaires.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/2019 0313s

23May2019... 1802h 19-0474

06/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to non-academic surveys administered by a public school to its students.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Duties of the State Board of Education; Non-academic Surveys or Questionnaires. Amend RSA 186:11, IX-d to read as follows:

IX-d. Require school districts to adopt a policy governing the administration of non-academic surveys or questionnaires to students. The policy shall require school districts to notify a parent or legal guardian of a non-academic survey or questionnaire and its purpose by written notice given via the student. In addition to the written notice, the school district may provide notice electronically. [The policy shall provide that no student shall be required to volunteer for or submit to a non-academic survey or questionnaire, as defined in this paragraph, without written consent of a parent or legal guardian unless the student is an adult or an emancipated minor. The policy shall include an exception from the consent requirement for the youth risk behavior survey developed by the Centers for Disease Control and Prevention. The policy shall also allow a parent or legal guardian to opt-out of the youth risk behavior survey developed by the Centers for Disease Control and Prevention.] The school district shall make such surveys or questionnaires available, at the school and on the school or school district's website, for review by a student's parent or legal guardian at least 10 days prior to distribution to students. The policy shall also allow a parent or legal guardian to opt out of the non-academic survey or questionnaire either in writing or electronically. In this paragraph, "non-academic survey or questionnaire" means surveys, questionnaires, or other documents designed to elicit information about a student's social behavior, family life, religion, politics, sexual orientation, sexual activity, drug use, or any other information not related to a student's academics.

2 Effective Date. This act shall take effect 60 days after its passage.

VETOED July 12, 2019

Veto Sustained September 19, 2019