State of Arkansas		
84th General Assembly	A Bill	Act 1100 of 2003
Regular Session, 2003		SENATE BILL   895

By:  Senator Argue

For An Act To Be Entitled
AN ACT TO REQUIRE PARENTAL AUTHORIZATION FOR SURVEYS OR QUESTIONNAIRES ADMINISTERED TO STUDENTS IN PUBLIC SCHOOLS; AND FOR OTHER PURPOSES.

Subtitle
AN ACT TO REQUIRE PARENTAL AUTHORIZATION 
FOR SURVEYS OR QUESTIONNAIRES 
ADMINISTERED TO STUDENTS. 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

	SECTION 1.  Arkansas Code Title 6, Chapter 18 is amended to add the following subchapter:
	6-18-1301.  Title.
	This subchapter shall be known as the “Parental Authorization of Questionnaires Act”.
 
    	6-18-1302.  Definitions.  
	As used in this act:
	(1)  “Personal identifying information” means: 
		(A)  A student’s name; 
        	(B)  The name of a student’s parent or a member of the student’s family; 
		(C)  The address, telephone number, or email address of a student or a member of the student’s family; 
		(D)  A personal identification number, such as a social security number, driver’s license number, or student identification number of a student or a member of the student’s family; or
		(E)  Any information, the disclosure of which is regulated, or prohibited by any other state or federal law or regulation;
	(2)  “Public school” means any school operated by a public school district, or any open enrollment charter school, as defined in § 6-23-301;
	(3)  “Public school district” means a local school district, as that term is defined in § 6-20-303;
	(4)(A)  “Questionnaire or survey” means a list or group of questions, responses to which are provided to a person or entity other than a public school, a public school district, the Department of Education, or any branch of the federal government.  
		(B)  “Questionnaire or survey” does not include:
			(i)  Tests mandated by state or federal law or regulation; or
       		(ii)  Standardized scholastic achievement tests.

	6-18-1303.  Questionnaires or surveys administered in public schools.
	(a)  A public school or public school district shall not administer or permit to be administered a questionnaire or survey that requests or requires a student to supply any personal identifying information unless written permission is obtained from the student’s parent or legal guardian prior to the administration of the questionnaire or survey.
	(b)  To obtain written permission to administer a questionnaire or survey that requests or requires a student to supply any personal identifying information, the public school or public school district must give the student’s parent or legal guardian an opportunity to review the questionnaire or survey and must give the parent or guardian written notice specifying:
		(1)  How the questionnaire or survey will be administered to the student;
		(2)  How the results of the questionnaire or survey or questionnaire will be utilized; and
		(3)  The persons or entities that will have access to the results of the completed questionnaire or survey.
	(c)  A student’s parent or legal guardian may refuse to allow the student to participate in any specified questionnaire or survey.

	APPROVED:  4/4/2003