Relative to parental notice for non-academic surveys in public schools.
Summary
HB 446 requires school districts to adopt policies governing non-academic surveys and questionnaires given to students in public schools. Under the bill, districts must notify parents or legal guardians about the survey and its purpose, make the survey available for review at school and on the district website, and send it by email or other means at least 10 days before it is distributed to students. The bill also states that students generally may not be required to take such surveys without written parental consent, unless the student is an adult or emancipated minor.
The bill specifically removes the existing exception for the CDC Youth Risk Behavior Survey. As amended, parents would no longer merely have an opt-out option for that survey; instead, parental written consent would be required before a student participates. The bill defines non-academic surveys broadly to include questions about social behavior, family life, religion, politics, sexual orientation, sexual activity, drug use, and other non-academic topics.
Impact
HB 446 amends RSA 186:11, IX-d, changing the State Board of Education’s required policy framework for non-academic surveys in public schools. It strengthens parental notice and access requirements, adds a 10-day advance email notice requirement, and shifts participation in these surveys from an opt-out model to an affirmative written-consent model for most students. It also eliminates the statutory exception for the Youth Risk Behavior Survey, affecting how districts administer that CDC survey and potentially reducing student participation unless parents consent.
Sentiment
The bill appears to have support from a majority of the body at one stage, as reflected by the 16-8 vote to ought to pass, but it also faced meaningful opposition. The 8-16 vote against the floor amendment and the 8-16 vote on inexpedient to legislate suggest that the proposal was contested and that a substantial minority opposed the bill or preferred a different approach. Overall, the voting pattern indicates a divided but ultimately favorable sentiment toward stronger parental control over student survey participation.
Contention
The main point of contention is the balance between parental rights and school/public health survey administration. Supporters likely favored giving parents more control and transparency over sensitive student surveys, especially those touching on sexuality, drug use, and family life. Opponents appear to have objected to removing the Youth Risk Behavior Survey exception and replacing opt-out participation with written consent, which could make it harder to administer the survey and reduce response rates. The failed amendment vote suggests there was also disagreement over whether to modify the bill before passage.