H 3707 Session 111 (1995-1996)
H 3707 General Bill, By Fair, Cato, C.D. Chamblee, Clyburn, Davenport, Delleney,
R.J. Herdklotz, M.F. Jaskwhich, Kelley, Koon, Littlejohn, Lloyd, Mason,
Richardson, Tripp, Vaughn, D.C. Waldrop and W.J. Young
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Chapter 28
to Title 59 so as to enact the "South Carolina Protection of Family Privacy in
Education Act" which includes provisions that allow parents or guardians to
inspect school instructional materials and exempt their children from using
objectionable materials, that prohibit students from being required to submit
to certain psychological or behavioral examinations or treatment without their
consent, that prohibit the use of specified surveys or questionnaires, and
that prevent disclosure or dissemination of certain student records and
information.
03/01/95 House Introduced and read first time HJ-6
03/01/95 House Referred to Committee on Education and Public
Works HJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 28 TO TITLE 59 SO AS TO
ENACT THE "SOUTH CAROLINA PROTECTION OF
FAMILY PRIVACY IN EDUCATION ACT" WHICH
INCLUDES PROVISIONS THAT ALLOW PARENTS OR
GUARDIANS TO INSPECT SCHOOL INSTRUCTIONAL
MATERIALS AND EXEMPT THEIR CHILDREN FROM USING
OBJECTIONABLE MATERIALS, THAT PROHIBIT STUDENTS
FROM BEING REQUIRED TO SUBMIT TO CERTAIN
PSYCHOLOGICAL OR BEHAVIORAL EXAMINATIONS OR
TREATMENT WITHOUT THEIR CONSENT, THAT PROHIBIT
THE USE OF SPECIFIED SURVEYS OR QUESTIONNAIRES,
AND THAT PREVENT DISCLOSURE OR DISSEMINATION OF
CERTAIN STUDENT RECORDS AND INFORMATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The State of South Carolina recognizes the need to
protect students and families from invasion of privacy and
psychological experimentation and manipulation by the educational
system. The provisions of this act are designed to protect the
privacy and psychological, emotional, and moral integrity of
students and their families, and to enable parents and guardians to
oversee the education of their children which is their duty and
responsibility.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 28
Protection of Family Privacy in Education Act
Section 59-28-10. This chapter is known and may be cited as
the `South Carolina Protection of Family Privacy in Education Act'.
Section 59-28-20. (A) All instructional material including, but
not limited to, teachers' manuals, films, tapes, or other
supplementary instructional material which will be used in
connection with any class, course, program, or project must be
available for inspection by the parents or guardians of the children
engaged in the class, course, program, or project.
(B) Parents or guardians objecting to material being used in a
class, course, program, or project may exempt their children from
use of the objectionable materials or select an alternate class,
course, program, or project. Materials acceptable to the parent or
guardian which relate to the same subject area may be substituted
for the objectionable materials. Students exempted from use of
materials or classes may not be penalized for nonparticipation.
Section 59-28-30. No student shall be required as part of any
class, course, program, or project to submit to psychiatric
examination, testing, surveys, questionnaires, needs assessment,
treatment, or psychological behavioral or attitudinal examination,
testing, surveys, questionnaires, needs assessments, or treatment
without the prior written consent of the student, if the student is an
adult or emancipated minor, or in the case of an unemancipated
minor, without prior written consent of the parent or guardian.
Section 59-28-40. The following examinations, tests, surveys, or
questionnaires containing questions about individual or family are
prohibited:
(1) political affiliations;
(2) mental and psychological problems;
(3) sex behavior and attitudes;
(4) illegal, anti-social, self-incriminating, and demeaning
behavior;
(5) critical appraisals of other individuals with whom
respondents have close relationships;
(6) legally recognized privileged and analogous relationships,
such as those of lawyers, physicians, and ministers;
(7) religious affiliations, attitudes, and beliefs such as belief in a
Supreme Being, belief in an afterlife, supernatural creation of
human life, religious rituals, and modes of worship, etc.;
(8) moral or ethical standards;
(9) living conditions or home environment;
(10) personal information concerning siblings, parents, family
habits, and traditions; or
(11) income (other than that required by law to determine
eligibility for participation in a program or for receiving financial
assistance under such programs).
Section 59-28-50. For purposes of this chapter:
(1) `psychiatric, psychological, behavioral, or attitudinal
examination, test, survey, questionnaire, or needs assessment' means
any method of obtaining information, including group activity, that
is not directly related to academic instruction and that is designed to
elicit information about attitudes, habits, traits, opinions, beliefs, or
feelings;
(2) `psychiatric, psychological, behavioral, or attitudinal
treatment' means an activity involving the planned, systematic use
of methods or techniques that are not directly related to academic
instruction and that is designed to affect behavioral, emotional, or
attitudinal characteristics of an individual or group; and
(3) `prior written consent' means that all students must be
exempted from classes, courses, programs, or projects containing
elements outlined in this chapter, unless positive confirmation and
consent of the parents for student participation is obtained in
writing for each event, test, or questionnaire.
Section 59-28-60. (A) Disclosure, dissemination, or transfer of
individual student information and records from the local school in
which the student is enrolled to any person, institution, or agency
whether at the district, state, federal, or international level is
prohibited without the prior written consent of the parent or
guardian unless the student is seeking admission to a school in
which case the records for that student may be given to the
requesting school. No school or school district in the State is
exempt from or may be granted a waiver from this provision.
(B) Data collection on individual students for the purposes of
developing an individual education plan (IEP) is prohibited without
the prior written consent of the parent or guardian.
(C) Implementation of an individual education plan (IEP)
through computerized instruction or any other means is prohibited
without the prior written consent of the parent or guardian."
SECTION 3. This act takes effect upon approval by the
Governor.
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