Policies » Section I: Instruction » ILD: Non-Educational Questionnaires, Surveys, And Research

Policy Date: 10/17/2023

HSD File: ILD
HOOKSETT SCHOOL DISTRICT
NON-EDUCATIONAL QUESTIONNAIRES, SURVEYS, AND RESEARCH

Separate federal and state laws require that written consent be obtained from a parent or guardian before a
student participates in a non-educational survey or questionnaire that asks about information not directly
related to a student’s academics.

Federal law, the Protection of Pupil Rights Amendment, imposes the prior written consent requirement only if
the survey, analysis, or evaluation or its administration is paid for or in any way uses federal funds from the
federal Department of Education and reveals information concerning the following:

1. Political affiliations;
2. Mental and psychological problems potentially embarrassing to the student or the family;
3. Sexual behavior and attitudes;
4. Illegal, anti-social, self-incriminating, and 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; or
8. Income (other than that required by law to determine eligibility for participation in a program or for
receiving financial assistance under such program).

State law, RSA 186:11, IX-d, imposes the prior written consent requirement on questionnaires, or other
documents designed to elicit information about:

1. A student’s social behavior;
2. family life;
3. religion;
4. politics;
5. sexual orientation;
6. sexual activity;
7. drug use;
8. or any other information not related to a student’s academics.

School District Approval

For the purpose of this policy, “non-academic survey” shall include a survey, analysis, or evaluation which
seeks any information in the categories listed above. All non-academic surveys must have the prior approval
of the Superintendent or his/her designee.

Surveys conducted for other agencies, organizations or individuals must have the recommendation of the
Superintendent and the approval of the School Board as to content and purpose. The results of such
approved surveys must be shared with the School Board.

No questionnaire or survey requesting sexual information will be administered to any student in kindergarten
through grade six unless required by federal or state law or regulation. School personnel administering any
such questionnaire or survey will not disclose personally identifiable information.

Parental Notification

Prior written consent from a parent or legal guardian is required to administer a non-academic survey to a
student, unless the student is an adult or an emancipated minor who consents. Parents/Guardians will be
notified at least ten (10) days prior to administration when a school intends to administer a non-academic
survey. Included in the notice will be information regarding the purpose of the non-academic survey, how
the survey will be administered; how it will be utilized; and the persons or entities that will have access to the
results of the completed survey. Parents or guardians may choose to inspect a non-academic survey,
available at the school and on the school‘s website, at least 10 days prior to distribution to students.
Parents may refuse to give consent for their student to participate, with or without first reviewing the non-
academic survey. The school will not penalize students whose parents/guardians decline to provide written
consent. The school will take reasonable precautions to protect student privacy during their participation in
any non-academic survey.

Youth Risk Behavior Survey Developed by the Centers for Disease Control and Prevention

State law does not require prior written consent from a parent or guardian for administration of the Youth
Risk Behavior Survey developed by the Centers for Disease Control and Prevention. Guidance issued by the
Center for Disease Control, United States Department of Health and Human Services, concludes that federal
law, including the Protection of Pupil Rights Amendment, also does not require prior written consent from
parents or guardians because students are not required to participate and the survey is not paid for by the
United States Department of Education. As required by both New Hampshire and federal law, the District
shall provide parents and guardians with notice at least ten (10) days before the Youth Risk Behavior Survey
is administered. Parents may inspect the Youth Risk Behavior Survey at the school’s administrative office.
Parents or guardians may opt their student out of participating in the Youth Risk Behavior Survey by
providing the Principal with written notice. District staff administering the Youth Risk Behavior Survey shall
insure students understand that participation is voluntary and that students who opt-out will not be
penalized.

Miscellaneous Provisions

This policy does not apply to the collection, disclosure, or use of personal information collected from students
for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to,
students or educational institutions, such as the following:

• College or post-secondary education recruitment, or military recruitment;
• Book clubs, magazines, and programs providing access to low-cost literary products;
• Curriculum and instructional materials used by schools;
• Tests and assessments used by schools to provide cognitive, evaluative, diagnostic, clinical, aptitude, or
  achievement information about students, or to generate other statistical data for educational purposes;
• The sale of products or services to raise funds for school-related or education-related activities; and
• Student recognition programs.

Legal References:

20 U.S.C. § 1232h; 34 CFR Part 98, Protection of Pupil Rights Amendment; RSA 186:11, IX-d, Duties of the
State Board of Education; 2017 CDC YRBS Guidance Manual

Adopted: January 5, 2016
Revised: January 16, 2018, October 17, 2023