MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Education

By: Representative Smith (35th)

AN ACT TO PROHIBIT PUBLIC SCHOOLS FROM ADMINISTERING TESTS OR SURVEYS DESIGNED TO DISCLOSE PERSONAL INFORMATION RELATING TO THE STUDENT OR STUDENT'S FAMILY MEMBERS WITHOUT THE WRITTEN CONSENT OF THE STUDENT'S PARENT; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) No public school or person or organization working under contract with a public school may administer, without the prior written consent of the student's parent, guardian or legal custodian, any student test, questionnaire, survey, analysis, personality inventory or evaluation which has the purpose or effect of disclosing any of the following information concerning the student or the student's parents, guardian or legal custodian or family members:

(a) Political affiliations or philosophies;

(b) Mental or psychological problems;

(c) Sexual behavior, orientation or attitudes;

(d) Illegal, self-incriminating or demeaning behavior;

(e) Critical appraisals of any individual with whom the student has a family relationship;

(f) Religious affiliations or beliefs; and

(g) Legally privileged information arising out of confidential relationships, such as those with lawyers, medical personnel or ministers.

(2) In order for any consent given by a parent, guardian or legal custodian under this section to be valid and effective, the student's school first must provide complete disclosure to the student's parent, guardian or legal custodian regarding the subject matter and nature of the test, questionnaire, survey, personality inventory, analysis or evaluation.

(3) A violation of this act shall constitute grounds for a parent, guardian or legal custodian to seek civil and injunctive relief.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.