HB2676

Report Title:

Minors' and Students' Rights Act

 

Description:

Requires informed consent from minor or student's parent or legal guardian before a school may administer certain academic or nonacademic surveys and provide a copy of the document for viewing at convenient locations and time periods.

HOUSE OF REPRESENTATIVES	H.B. NO.	2676
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to RIGHTS OF minors and students.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that students and minors are often captive audiences for survey collectors and interviewers seeking opinions and assessments. Students are conveniently grouped by age or grade, can be sorted by gender, are collectively available in one place, and so on. The legislature finds that students, despite their youth, deserve to be treated with consideration and thoughtfulness. They should not be queried about all manner of interests and opinions without some parental or adult guidance. The purpose of this Act is to enact a Protection of Minors' and Students' Rights Act and require a government entity or school administering certain academic or nonacademic survey, assessment, analysis, evaluation, or comprehensive guidance and counseling values clarification program to its student, to first, receive written informed consent from the minor or student's parent or legal guardian and second, to provide a copy of the document for viewing at convenient locations and time periods.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding three new sections to subpart C of part II to be appropriately designated and to read as follows:

"§302A-A Protection of minors' and students' rights; restrictions. (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 available for viewing at convenient locations and time periods, the government entity or school shall not administer to a minor or student any academic or nonacademic survey, assessment, analysis, evaluation, or comprehensive guidance and counseling values clarification program which reveals information concerning:

(1) Political affiliations;

(2) Mental and psychological problems potentially embarrassing to the student or the students' family;

(3) Sexual behavior and attitudes;

(4) Illegal, anti-social, self-incriminating and demeaning 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 between the minor or student and a lawyer, physician, or minister;

(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 weeks prior to the administration of the survey, assessment, analysis, evaluation, or comprehensive guidance and counseling values clarification program.

(c) A minor or student shall not participate in any survey, assessment, analysis, evaluation, or comprehensive guidance and counseling values clarification program that concerns the issues listed in subsection (a) unless the government entity or school has obtained prior written informed consent from that minor's or student's parent or legal guardian.

§302A-B Protection of minors' and students' rights; notice. The following notice shall be prominently displayed on the first page of any survey as described in section 302A-A(a).

Notice: If you are 18 years old or younger or 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.

§302A-C Protection of minors' and students' rights; penalty. Any person, firm, or corporation that violates sections 302A-A or 302A-B shall be guilty of a petty misdemeanor, but shall be subject to a maximum fine of not more than $100."

SECTION 3. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________