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               ENGROSSED SUBSTITUTE HOUSE BILL 1085

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State of Washington      55th Legislature     1997 Regular Session

By House Committee on Education (originally sponsored by Representatives Mulliken, Johnson, Koster, Backlund, Sump, Talcott, Crouse, Thompson, Mielke, Bush, Sherstad, Carrell, Smith and Van Luven)

Read first time 02/06/97.

Requiring notification before a school conducts certain tests, questionnaires, surveys, analyses, or evaluations. 

    AN ACT Relating to notification of student testing or survey; and adding a new section to chapter 28A.600 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 28A.600 RCW to read as follows:

    (1) All instructional materials, including teacher's manuals, films, tapes, or other supplementary material which will be used in connection with any test, questionnaire, survey, analysis, or evaluation in a school, shall be available for inspection by the parents or legal guardians of the students, and by any member of the school board.

    (2) Absent prior consent of a student who is an adult or an emancipated minor, or absent prior written consent of a parent or legal guardian of a student who is an unemancipated minor, a student may not be required to submit to a test, questionnaire, survey, analysis, or evaluation that reveals information concerning the student's or the student's parents':

    (a) Personal beliefs or practices regarding political affiliations;

    (b) Mental or psychological problems potentially embarrassing to the student or to the student's family;

    (c) Sexual behavior and attitudes;

    (d) Illegal, antisocial, self-incriminating, and demeaning behavior;

    (e) Critical appraisals of other individuals with whom the students have a close family relationship;

    (f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

    (g) Income level, except as required by law to determine eligibility for participation in a program or to receive financial assistance under the program.

    (3) Educational agencies shall give parents and students effective notice of their rights under this section prior to administering a test, questionnaire, survey, analysis, or evaluation that meets the criteria of subsection (2) of this section.

    (4) Each member of the school board must be notified in writing prior to administration of a test, questionnaire, survey, analysis, or evaluation that meets the criteria of subsection (2) of this section.  Notification must occur prior to a regularly scheduled meeting of the school board before administration of a test, questionnaire, survey, analysis, or evaluation that meets the criteria of subsection (2) of this section.

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