Senate adopts amendment requiring parental notice, opt‑out for certain student surveys

The Legislature adopted an amendment to Legislative Bill 428 that requires schools to notify parents before certain surveys asking students about sensitive personal topics and gives parents an opportunity to opt their child out.

Sponsor and amendment: Senator Merman introduced AM 8 0 3 to clarify that schools must notify parents at least 15 days before a survey covering sensitive topics is administered to minors and must provide information about who is conducting the survey, how the data will be used and how it will be protected. Merman said the change aligns the bill with the federal Protection of Pupil Rights Amendment and preserves schools’ ability to use anonymous surveys for population‑level questions such as vaping or alcohol use without extra steps.

Floor debate and examples: Senator Conrad supported the amendment and the underlying bill, saying the education committee had heard from students and school leaders and that “the statistic that was brought forward at the committee level was something north of 80% of our schools had some sort of cell phone restriction or cell phone policy in place, already,” as part of a wider conversation about technology and schools. Senators asked sponsors to ensure the bill did not unduly burden districts or prevent useful anonymous public‑health polling.

Votes and action: The body voted to adopt AM 8 0 3; the clerk recorded 36 ayes, no nays on the amendment. Later in the session Senators moved and the body advanced LB 428 for engrossing at E & R.

What the amendment does and does not do

- Requires a 15‑day parental notice and an opt‑out option for surveys that ask minors about sexual behavior, mental health, religion, political affiliation or similarly sensitive matters. - Exempts anonymous surveys used for public‑health monitoring (for example vaping/tobacco or substance‑use questionnaires) from extra notice requirements, per the amendment text. - Clarifies alignment with federal student‑privacy protections but does not change federal law.

Speakers and attributions

Direct quotes in the debate included Senator Merman explaining mechanics: “By the school, the parents would have to be notified... we amended it to 15 days in advance.” Senator Conrad supported the amendment and cited committee testimony from students and school officials.

Next steps: With AM 8 0 3 adopted on the floor, sponsors moved LB 428 to E & R for engrossing; further implementation details will depend on rulemaking and local district procedures for notices and record‑keeping.