Members of the Senate Education Committee took up the issue of student privacy and parental consent as it applies to surveys administered in schools. Some parents and groups say questions on these surveys are inappropriate, and are also concerned about keeping data safe. Senators looked at two bills modifying a privacy law passed last session.
The law passed last session says that no elementary or secondary student shall be required to submit to a survey that asks for certain information without prior consent of a parent. But Secretary of Education Melody Schopp says there were different interpretations of what it meant for a school district to seek consent. She says Senate Bill 104 attempts to bring some clarity. It starts by changing “shall” to “may” in regards to whether a student is required to submit a survey. Then it adds a new section.
“It requires schools to provide parents with information regarding the survey, the analysis or the evaluation, the types of questions, the date, the location of the administration of the survey, how the results are going to be used, who has access to the results for at least 14 days in advance of administration,” Schopp says. “At that point in time then parents have the option to complete a form indicating if they want their student to be excluded from that process.”
Shopp says if the school doesn’t receive the form in advance, administrators may presume that the parent consents.
But opponents of the bill say the measure changes the law to say parents have to opt out, rather than opt in. Tonchi Weaver is with South Dakota Citizens for Liberty.
“I think that we should err on the side of caution, and the only way to err on the side of caution with this is to allow the parents to fully understand the test,” Weaver says. “I think it shows respect to them and their role as the mentors and the first teachers of their children. If a parent receives and opt-out form, the message has already been sent, ‘we have the authority to do this.’”
Last session’s privacy law won’t see any changes. Committee members voted six to one to table the bill.
Legislators also killed Senate Bill 117, which adds to the things students can’t be surveyed about. They sent the measure to the 41st legislative day.