Revision: June 2, 2017, 11:08 a.m.
SB 43 - AS AMENDED BY THE HOUSE
1Jun2017... 1610h
2017 SESSION
17-0169
04/05
SENATE BILL 43
SPONSORS: Sen. Avard, Dist 12; Sen. Reagan, Dist 17; Sen. Birdsell, Dist 19; Sen. Daniels, Dist 11; Sen. French, Dist 7; Sen. Ward, Dist 8; Rep. Murotake, Hills. 32; Rep. V. Sullivan, Hills. 16; Rep. Hill, Merr. 3; Rep. O'Day, Ches. 11; Rep. Ladd, Graf. 4
COMMITTEE: Education
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This bill requires school districts to adopt a policy governing the administration of nonacademic surveys, questionnaires, or evaluations.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
1Jun2017... 1610h 17-0169
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 State Board of Education; Duties; Nonacademic Surveys. RSA 186:11, IX-d is repealed and reenacted to read as follows:
IX-d.(a) Require school districts to adopt a policy governing the administration of nonacademic surveys, questionnaires, or evaluations, as defined in subparagraph IX-d(b). A school district shall furnish a written copy of the policy to each parent or legal guardian at the beginning of each school year. The policy shall:
(1) Require the school district to notify a parent or legal guardian of a nonacademic survey, questionnaire, or evaluation and its purpose at least 10 days prior to distribution to students;
(2) Require the school district to make such surveys, questionnaires, or evaluations 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;
(3) State that no student shall be required to participate in a nonacademic survey, questionnaire, or evaluation;
(4) Include a policy on the use and applicability of active and passive parental consent;
(5) Allow a parent or legal guardian to opt his or her child out of a nonacademic survey, questionnaire, or evaluation, either in writing or electronically, regardless of the district’s policy on parental consent as required by subparagraph (4); and
(6) Require the school district to notify a parent or legal guardian if any of the information collected from a student who participates in a nonacademic survey, questionnaire, or evaluation will be used or otherwise provided to a third party for marketing or advertising purposes.
(b) In this section, “nonacademic survey, questionnaire, or evaluation” means any effort designed to elicit or reveal information concerning political affiliations or beliefs of the student or the student’s parent; mental or psychological problems of the student or the student’s family; sex behavior or attitudes; illegal, anti-social, self-incriminating, or demeaning behavior; critical appraisals of other individuals with whom respondents have close family relationships; legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; religious practices, affiliations, or beliefs of the student or student’s parent; or income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program.
2 Effective Date. This act shall take effect 60 days after its passage.