18A:36-34. School surveys, certain, parental consent required before administration
1. a. Unless a school district receives prior written informed consent from a student's parent or legal guardian and provides for a copy of the document to be available for viewing at convenient locations and time periods, the school district shall not administer to a student any academic or nonacademic survey, assessment, analysis or evaluation which reveals information concerning:
(1)political affiliations;
(2)mental and psychological problems potentially embarrassing to the student or the student's family;
(3)sexual behavior and attitudes;
(4)illegal, anti-social, self-incriminating and demeaning behavior;
(5)critical appraisals of other individuals with whom a respondent has a close family relationship;
(6)legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7)income, other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under a program; or
(8)social security number.
b.The school district shall request prior written informed consent at least two weeks prior to the administration of the survey, assessment, analysis or evaluation.
c.A student shall not participate in any survey, assessment, analysis or evaluation that concerns the issues listed in subsection a. of this section unless the school district has obtained prior written informed consent from that student's parent or guardian.
d.A school district that violates the provisions of this act shall be subject to such monetary penalties as determined by the commissioner.
L.2001,c.364.
18A:36-35 Disclosure of certain student information on Internet prohibited without parental consent.
1.The board of education of each school district and the board of trustees of each charter school that establishes an Internet web site, shall not disclose on that web site any personally identifiable information about a student without receiving prior written consent from the student's parent or guardian on a form developed by the Department of Education. The written consent form shall contain a statement concerning the potential dangers of personally identifiable information about individual students on the Internet.
As used in this act, "personally identifiable information" means student names, student photos, student addresses, student e-mail addresses, student phone numbers, and locations and times of class trips.
L.2001,c.402,s.1.
18A:36-36 Pupil information, certain, classroom materials; rules.
1. a. A pupil in a public school shall not be required to supply information regarding the pupil's race, ethnicity, migrant status or economically disadvantaged status on any materials distributed in class.
b.Materials distributed to a pupil in a public school shall not include any obvious indicators of the pupil's race, ethnicity, migrant status or economically disadvantaged status; except that the school district may use identification numbers or other methods of identification after the collection of the materials
c.The State Board of Education shall promulgate rules pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of this act.
L.2002,c.92,s.1.
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Last modified: October 11, 2016