Bill Amendment: AZ HB2088 | 2016 | Fifty-second Legislature 2nd Regular
Bill Title: Schools; assessments; surveys; informed consent
Status: 2016-05-18 - Chapter 330 [HB2088 Detail]
Download: Arizona-2016-HB2088-SENATE_ADOPTED_AMENDMENT_Allen_flr_amend_ref_Bill_sub_ED_adopted.html
Bill
Number: H.B. 2088
Allen S Floor Amendment
Reference to: House engrossed bill
Amendment drafted by: Catcher Baden
FLOOR AMENDMENT EXPLANATION
- Requires written informed consent at the beginning of every school year for any specified survey administered in that school year and allows parents to revoke consent at any time.
- Provides exemptions for college entrance exams, anonymous surveys, surveys conducted by the Arizona Criminal Justice Commission and mandatory reporting concerning child abuse.
- Eliminates notice requirements and instead requires charter schools and school districts to provide information in a timely manner upon request.
- Replaces the ability for individuals to bring a civil action with a process that allows a complaint to be filed with the Attorney General or county attorney who may then initiate a suit. Establishes a maximum penalty of $500 for each violation and transmits the penalties collected to the Office of the Attorney General or the county treasurer as appropriate.
- Removes requirements concerning third-party contractors.
- Removes the definition of, and references to, permanent educational record.
- Strikes notwithstanding clauses.
- Specifies the act applies only to written or digital surveys.
Fifty-second Legislature Allen S
Second Regular Session H.B. 2088
ALLEN S FLOOR AMENDMENT
SENATE AMENDMENTS TO H.B. 2088
(Reference to House engrossed bill)
Page 2, line 25, strike “or” insert a comma; after “science” insert “OR ANY OTHER COURSE”
Page 3, line 10, strike “; assessments”
Line 11, strike “; notice”
Line 13, strike “, school”
Line 14, strike “provide written notice to and”
Line 15, after “parent” insert “of a pupil”; strike “to any pupil”
Line 16, strike “becomes a part of the pupil’s permanent education record” insert “is retained by a school district, a charter school or the department of education for longer than one year”
Line 17, after “pupil” strike remainder of line
Line 18, strike “HOUSEHOLD, INCLUDING SURVEYS”
Line 22, strike the second comma insert “OR”; strike “OR DEMEANING”
Line 32, after “SELF SUFFICIENCY” insert “AS IT PERTAINS TO EMERGENCY, DISASTER AND ESSENTIAL SERVICES INTERRUPTION PLANNING”
Line 35, after the period strike remainder of line
Strike lines 36 through 39, insert “At the beginning of every school year, every school district and charter school shall obtain written informed consent from the parent of a pupil to participate in any survey pursuant to subsection A of this section for the entire year. A parent of a pupil may at any time revoke consent for the pupil to participate in any survey pursuant to subsection a of this section.”
Line 40, strike “2.”
Strike lines 43 and 44
Page 4, strike lines 1 and 2
Line 3, strike “4.”
Line 4, strike “, school”
Page 4, line 5, strike “, school”; after the last “school” strike remainder of line
Line 6, strike “violation of this section and”
Line 7, after the period strike remainder of line
Strike line 8
Line 9, strike “5.”
Line 11, strike “, school”
Line 17, strike the comma, insert “or”; strike “or verbal”; after “surveys” insert a period and strike remainder of line
Strike lines 18 and 19
Line 23, after “PUPILS” insert “PURSUANT TO CHAPTER 7, ARTICLES 4 AND 4.1 OF THIS TITLE”
Line 25, after “course” insert a period and strike remainder of line
Strike line 26
Between lines 27 and 28, insert:
“4. Any nationally recognized college entrance exam that a student chooses to take regardless if the administration of the exam takes place on public school property.
5. Any survey conducted that contains questions soliciting information pursuant to subsection A of this section if the survey does not require a student’s name or any other personally identifiable information.
6. Any survey conducted or implemented by the Arizona criminal justice commission.
7. Any method of surveying a student that is conducted because a person has a reasonable belief that a minor is or has been a victim of abuse pursuant to section 13-3620.”
Line 28, strike “Notwithstanding any other law,”
Line 35, strike “, including college or university placement tests”
Strike lines 41 through 45
Page 5, strike lines 1 through 6
Reletter to conform
Line 7, strike “, school”
Lines 11 and 17, strike “Notwithstanding any other law,”
Page 5, strike lines 30 through 44
Strike page 6
Page 7, strike lines 1 through 24, insert:
“J. on request, a charter school or school district shall provide any available information in a timely manner to the parent of a pupil regarding a survey administered pursuant to subsection A of this section including:
1. THE NAME OF THE SURVEY.
2. THE DATE OR DATES ON WHICH THE SURVEY WILL BE ADMINISTERED.
3. THE METHOD OR METHODS OF administering the survey.
4. THE amount of time required to administer the survey.
5. THE TYPE OF information collected by the survey.
6. THE REASONS FOR administering the survey.
K. A parent of a pupil that has a reasonable belief that a school district or charter school has violated this section may file a complaint with the attorney general or the county attorney for the county in which an alleged violation of this section occurred. The attorney general or the county attorney for the county in which an alleged violation of this section occurred may initiate a suit in the superior court in the county in which the school district or charter school is located for the purpose of complying with this section. AFTER RECEIVING WRITTEN NOTICE OF AN ALLEGED FAILURE TO COMPLY WITH THIS SECTION, A SCHOOL DISTRICT OR CHARTER SCHOOL THAT DETERMINES THAT A VIOLATION HAS OCCURRED IS NOT SUBJECT TO A PENALTY OR CAUSE OF ACTION UNDER THIS SECTION IF THE SCHOOL DISTRICT OR CHARTER SCHOOL CURES THE VIOLATION. FOR THE PURPOSES OF THIS subsection, "CURE" MEANS TO DESTROY ANY INFORMATION GATHERED IN VIOLATION OF THIS SECTION AND TO PROVIDE WRITTEN INSTRUCTION TO THE INDIVIDUAL CIRCULATING THE SURVEY, TO BE KEPT ON FILE FOR ONE YEAR AFTER RECEIPT OF THE WRITTEN NOTICE OF THE ALLEGED FAILURE TO COMPLY.
L. For each violation of this section, the court may impose a civil penalty not to exceed five hundred dollars. The school district or charter school determined to be out of compliance with this section shall be responsible for the payment of all penalties.
M. An attorney acting on behalf of a public school may request a legal opinion of the county attorney or attorney general as to whether the public school would violate this section.
N. All penalties collected by the court for a suit initiated in superior court by the attorney general shall be paid to the office of the attorney general for the use and reimbursement of costs of prosecution pursuant to this section. All penalties collected by the court for a suit initiated in superior court by a county attorney shall be paid to the county treasurer of the county in which the court is held for the use and reimbursement of costs of prosecution pursuant to this section.”
Reletter to conform
Page 7, strike lines 26 through 30
Renumber to conform
Strike lines 33 through 38
Renumber to conform
Line 43, after the first comma insert “TO USE AN INSTRUMENT”
Page 8, line 27, after the period strike reminder of line
Strike lines 28 through 34
Page 11, line 2, strike “nonacademic” insert “nontest”
Strike lines 36 through 44
Strike pages 12 and 13
Amend title to conform
