H. B. 2747


(By Delegate Harrison)
[Introduced March 26, 1997; referred to the
Committee on Education then the Judiciary.]




A BILL to amend article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-seven, relating to education; and pupil rights in research, experimental programs and testing.

 Be it enacted by the Legislature of West Virginia:
That article five, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-seven, to read as follows:
ARTICLE 5. COUNTY BOARD OF EDUCATION.

§18-5-27. Pupil rights in research, experimental programs and testing.

(a) Rights. -- Each county board shall:
(1) Make available for inspection by the parents and guardians of pupils enrolled in the school district who are under the age of twenty-one years and are involved in any survey, analysis or evaluation as part of any applicable program or project, all instructional material, including teacher's manuals, film, tapes and other supplementary instructional material, that will be used with the survey, analysis or evaluation.
(2) Ensure that no pupil is required as part of any applicable program, without the prior consent of the pupil, if the pupil is an adult or emancipated minor, or in the case of an unemancipated minor, without the prior written consent of the parent, to submit to a survey, analysis or evaluation which reveals information concerning:
(A) Religious or political affiliations;
(B) Mental or psychological problems that may embarrass the pupil or the pupil's family;
(C) Sexual behavior or attitudes;
(D) Illegal, antisocial, self-incriminating or demeaning behavior;
(E) Critical appraisals of other individuals with whom the pupil has close family relationships;
(F) Legally recognized privileged or analogous relationships, including relationships with lawyers, physicians or members of the clergy; and
(G) Income, unless the information is required by law to determine eligibility for participation in a program or for receiving financial assistance under that program;.
(3) Give parents and students effective notice of their rights under this section.
(b) Enforcement. -- The county superintendent shall take such action as the superintendent considers appropriate to enforce this section, except that action to terminate assistance provided under an applicable program may be taken only if the superintendent determines that:
(1) There has been a failure to comply with this section; and
(2) Compliance with this section cannot be secured by voluntary means.
(c) Office and review board. -- The superintendent shall investigate, process, review and adjudicate violations of the rights established under this section.



NOTE: The purpose of this bill is to prohibit any examination, testing or treatment which reveals any of the specified kinds of information concerning religious or political affiliations, mental or psychological problems, sexual behavior or attitudes, illegal or antisocial behavior, critical appraisals of family members, privileged relationships or income without the pupil's consent if the pupil is an adult or emancipated minor, or without the consent of the pupil's parent or guardian if the pupil is an unemancipated minor.
This section is new; therefore, strike-throughs and underscoring have been omitted.