13-3-51.2. Information not subject to survey, analysis, or evaluation without consent.
No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:
(1)Political affiliations or beliefs of the student or the student's parent;
(2)Mental or psychological problems or aspects of the student or the student's family;
(3)Sex behavior or attitudes of the student or the student's family;
(4)Illegal, anti-social, self-incriminating, or demeaning behavior;
(5)Critical appraisals of other individuals with whom respondents have close family relationships;
(6)Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
(7)Religious practices, affiliations, or beliefs of the student or student's parent;
(8)Personal or family gun ownership; or
(9)Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);
without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.
The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.
Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. §1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.
Source: SL 2014, ch 76, §3.
Structure South Dakota Codified Laws
Chapter 03 - Duties Of Secretary Of Education
Section 13-3-1.4 - General supervision of accredited elementary and secondary schools.
Section 13-3-47 - Classification and accreditation of schools.
Section 13-3-48 - Standards revision cycle--Content standards.
Section 13-3-48.1 - Adoption of uniform content standards drafted by multistate consortium.
Section 13-3-51 - Data reporting and record systems--Evaluation--Promulgation of rules--Exception.
Section 13-3-51.1 - Definitions regarding privacy of records.
Section 13-3-51.2 - Information not subject to survey, analysis, or evaluation without consent.
Section 13-3-51.3 - Prohibition against reporting personally identifiable information--Exception.
Section 13-3-51.5 - Disclosure of aggregate data otherwise allowed.
Section 13-3-51.6 - Disclosure of aggregate data necessary for impact aid.
Section 13-3-55 - Academic achievement tests.
Section 13-3-55.2 - Parental inspection and review of academic achievement test assessment.
Section 13-3-56 - Test scores part of permanent record--Release of scores.
Section 13-3-56.1 - Cheating on academic achievement test--Investigation.
Section 13-3-56.2 - Report of investigation--Consequences of a determination of cheating.
Section 13-3-60 - Department to analyze demographics of public education workforce.
Section 13-3-61 - Biennial assessment to comply with federal law--Timing.
Section 13-3-62 - State accountability system established.
Section 13-3-65 - Annual determination of each school's progress.
Section 13-3-66 - Achievement standards established.
Section 13-3-67 - Interventions--Ranking.
Section 13-3-68 - Department of Education to implement and administer state accountability system.
Section 13-3-69 - Promulgation of rules to establish state accountability system.
Section 13-3-84 - Partially enrolled student required to take academic achievement test.
Section 13-3-89 - Public hearings prior to adoption of content standards--Quorum.
Section 13-3-90 - Notice of intent to receive public comment and testimony--Notice of hearings.
Section 13-3-91 - Cardiopulmonary resuscitation skills to be included in school curriculum.
Section 13-3-92 - Cardiopulmonary resuscitation training resources.
Section 13-3-93 - Annual survey of cardiopulmonary resuscitation instruction--Report to Legislature.
Section 13-3-94 - Programs that may be used for cardiopulmonary resuscitation instruction.
Section 13-3-95 - CPR and AED instructors.
Section 13-3-96 - Annual survey of schools.
Section 13-3-97 - Waivers that affect school accountability.