H-4593              _______________________________________________

                                                   HOUSE BILL NO. 2014

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Representative Fuhrman

Read first time 2/8/88 and referred to Committee on Education.

AN ACT Relating to student testing; adding a new section to chapter 28A.67 RCW; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1.     This act is necessary for the immediate preservation of the public peace, health, morals, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.

NEW SECTION. Sec. 2.  A new section is added to chapter 28A.67 RCW to read as follows:

          (1) A written or oral test, questionnaire, survey, assignment, examination, or other similar activity shall not be used to administer any diagnostic personality, psychological or psychiatric evaluation, or to elicit the individual personal  beliefs or practices of a student, his or her parents or guardian, or other family members, regarding sex, family life, morality, politics, religion, or finances other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program, except with the prior informed consent of the parents or guardian.  The consent shall be in writing and shall be signed.  "Parents" means any parent who has legal custody of the student, or both if both have legal custody, and any parent, step parent, or foster parent within whose dwelling the student resides.

          (2) As used in this section, "prior informed consent" means either of the following:

          (a) Prior informed written consent of the student, if the student is an adult or emancipated minor; or

          (b) Prior informed written consent of the student's parents or guardian, if the student is an unemancipated minor.  Materials to be used in connection with any written or oral test, questionnaire, survey, assignment, examination, or other similar activity described under subsection (1) of this section shall be available for inspection by the student's parents or guardian.  The parents or guardian shall be notified that these materials are available for inspection before the school can obtain a valid prior informed written consent under this section.  Such notice shall be provided not fewer than ten working days before any activity described in subsection (1) of this section occurs.

          (3) The superintendent of public instruction has a duty to ensure that employees within the common schools are familiar with and comply with this section.  Any employee who wilfully refuses or neglects to comply with any of the provisions of this section, or who wilfully or negligently allows or permits any nonemployee to violate a provision of this section, shall be subject to a fine not to exceed two hundred fifty dollars per incident and an action for revocation of certification, if applicable, under chapter 28A.70 RCW.  The remedy in this section is in addition to any other remedy provided by law.