(a) Unless a government entity or school receives prior written informed consent from a minor’s or student’s parent or legal guardian, and provides for a copy of the document to be administered to be available for viewing at convenient locations and time periods, the government entity or school shall not administer to a minor or student any written academic or nonacademic survey, assessment, analysis, or evaluation, which reveals information concerning:

(1) political affiliations;

(2) mental and psychological (medical) problems potentially embarrassing to the student or the student’s family;

(3) sexual behavior and attitudes;

(4) illegal, anti-social, and self-incriminating behavior;

(5) 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 government entity or school shall request prior written informed consent at least two (2) weeks prior to the administration of the survey, assessment, analysis, or evaluation.

(c) A minor or student shall not participate in any survey, assessment, analysis, or evaluation that concerns the issues listed in Subsection (a) of this Section unless the government entity or school district has obtained prior written informed consent from that minor’s or student’s parent or legal guardian.
(d) The following notice shall be prominently displayed on the first page of any survey as defined in Subsection (a) of this Section:

“”Notice: If you are younger than eighteen (18) years of age and a student in a public school, you should not complete this survey unless your parent or legal guardian has given their written permission for you to do so.””

(e) This Section shall not apply to a survey, assessment, analysis, or evaluation that does not identify the taker of such survey, assessment, analysis, or evaluation.

(f) This Section shall not apply to a survey, assessment, analysis, or evaluation administered for the purpose of gathering information related to bullying, violations of school conduct or the Criminal and Corrections Code, the immediate health or safety of students or school staff, or conducted pursuant to federal law or regulation.

SOURCE: Added by P.L. 31-201:1 (May 9, 2012), amended by P.L. 32-
029:1 (May 10, 2013).