Senate Education Committee debates bill on student surveys; members request legal guidance on federal consent rules

Senate Bill 2105, a proposal regulating third‑party surveys administered to students, drew extensive discussion in the Senate Education Committee about parental notice, opt‑out vs. opt‑in consent, and how survey data are collected and handled. Committee members did not vote on the bill; several asked the chair to request a legal opinion from the attorney general’s office.

Senator Gerhardt (identified in committee as the bill sponsor) said he raised the issue after learning as a parent that multiple families had not been notified when their children took the Youth Risk Behavior Survey (YRBS) and related tobacco surveys. "That's concerning to me, I'm a parent," Gerhardt said, describing informal outreach to other parents that found several who did not recall receiving notification or being offered the opportunity to review the survey.

A staffer identified in the transcript as "Senator Bush aide" told the committee that the YRBS and similar surveys are administered by sampling classrooms rather than every student in a district and that districts commonly use an opt‑out notice to parents. The staffer said: "it's not every student in every classroom is taking this assessment. They take a sampling," and that some districts have begun removing or allowing districts to remove sensitive questions at schools’ requests.

Committee members repeatedly cited the Protection of Pupil Rights Amendment (PPRA), the federal statute governing parental rights related to certain surveys and the collection of personal information from students. Some senators said PPRA requires prior written parental consent for surveys that meet the statute’s definition; others pointed to PPRA guidance and district practices that use an opt‑out notice. The committee did not reach a legal conclusion: Chair Beard said she would "go down to the attorney general's office and get their input and maybe they can come and clarify some of that."

Members also discussed which state agencies administer the survey program; committee testimony indicated surveys are administered by or through the Department of Health and Human Services and results are available on the Department of Public Instruction website. Committee members and staff described varying local practices for notifying parents — examples included a student handbook at the start of the year, notices sent through school communication apps (such as Remind), and a separate letter to parents for opt‑out — and varying district choices about whether to remove certain questions.

Several senators expressed concern both about whether parents receive adequate notification and about data accuracy when students answer surveys casually or when only samples of students are surveyed. One committee member said students sometimes mark responses in patterns without attention, which could affect data quality. Another member said requiring explicit opt‑in parental consent could substantially reduce participation in surveys that public health agencies use for statistics.

Ending: Committee members asked staff to gather legal guidance and additional information about administration and data flows (DPI/HHS/vendor relationships) for future consideration; no committee vote was taken on SB 2105 at this hearing.