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SECOND REGULAR SESSION
SENATE BILL NO. 1315
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR COLEMAN.
3962S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 167, RSMo, by adding thereto one new section relating to student surveys, with
penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 167, RSMo, is amended by adding thereto 1
one new section, to be known as section 167.2025, to read as 2
follows:3
167.2025. 1. For purposes of this section, the 1
following terms mean: 2
(1) "Parent", a child's parent, legal guardian, or 3
other person standing in loco parentis for a child; 4
(2) "Presenting", offering in person or via any means 5
of communication provided, maintained, supervised, hosted, 6
monitored, or otherwise controlled by the school; 7
(3) "Protection of Pupil Rights Amendment" or "PPRA", 8
the federal Protection of Pupil Rights Amendment, as set 9
forth in 20 U.S.C. Section 1232h, as amended; 10
(4) "School", any institution of elementary or 11
secondary education that is subject to the PPRA and receives 12
state funding. The term shall be construed to include 13
charter schools; 14
(5) "Survey", any method or tool used to gather 15
information from students, including, but not limited to, 16
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any survey, questionnaire, quiz, analysis, evaluation, or 17
other class activity. 18
2. At least twenty-four hours prior to presenting a 19
survey to a student, a school shall notify the parent of 20
such student, disclose the full contents of the survey to 21
such parent, and obtain written parental consent if the 22
survey asks any question relating to any of the following 23
items protected under the federal Protection of Pupil Rights 24
Amendment: 25
(1) Political affiliations or beliefs of the student 26
or the student's parent; 27
(2) Mental or psychological problems of the student or 28
the student's family, including, but not limited to, 29
substance abuse issues; 30
(3) Sexual behavior or attitudes; 31
(4) Illegal, antisocial, self-incriminating, or 32
demeaning behavior; 33
(5) Critical appraisals of other individuals with whom 34
the student has close family relationships; 35
(6) Legally recognized privileged or analogous 36
relationships, such as those of lawyers, physicians, and 37
ministers; 38
(7) Religious practices, affiliations, or beliefs of 39
the student or the student's parent; or 40
(8) Income, except as required by law to determine 41
eligibility for participation in a program or for receiving 42
financial assistance under such program. 43
3. The information required to be disclosed to parents 44
pursuant to subsection 2 of this section may be posted on 45
the school's website on a page that is easily accessible to 46
parents, provided that notification of such posting is 47
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provided to parents by individual communication through the 48
school's ordinary parent information system. 49
4. The attorney general or the prosecuting or circuit 50
attorney in the county in which a violation of this section 51
occurs may bring a civil action, including an action for 52
injunctive relief, against any school district or charter 53
school, as well as any school board member, charter school 54
governing body member, or other school district, public 55
school, or charter school officer or employee, including 56
counselors, teachers, principals, contracted personnel, or 57
other paid or unpaid agents or officials of the school, for 58
any intentional or grossly negligent act or omission that 59
constitutes a violation of this section, or for negligent 60
supervision of an individual leading to a violation of this 61
section. Such action shall be brought in the county where 62
the violation occurred. If the court finds the defendant's 63
act or omission constitutes gross negligence by a 64
preponderance of the evidence, the court shall impose a fine 65
of five hundred dollars per violation. If the court finds 66
the defendant's negligent supervision or act or omission 67
constitutes an intentional violation of this section by a 68
preponderance of the evidence, the court shall impose a fine 69
of two thousand dollars per violation. 70
5. Any parent or guardian may bring a civil action 71
against any school district or charter school, as well as 72
any school board member, charter school governing body 73
member, or other school district, public school, or charter 74
school officer or employee, including counselors, teachers, 75
principals, contracted personnel, or other paid or unpaid 76
agents or officials of the school in which such parent or 77
guardian's child is enrolled, for any intentional or grossly 78
negligent act or omission that constitutes a violation of 79
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this section that affects such parent or guardian's child, 80
or for negligent supervision of an individual leading to a 81
violation of this section that affects such parent or 82
guardian's child. Such action shall be brought in the 83
county where the violation occurred. If the parent or 84
guardian prevails in establishing that the defendant's act 85
or omission constitutes gross negligence by a preponderance 86
of the evidence, the court shall award to the parent or 87
guardian five hundred dollars per violation plus court costs 88
and reasonable attorney's fees. If the parent or guardian 89
prevails in establishing the defendant's negligent 90
supervision or that the defendant's act or omission 91
constitutes an intentional violation by a preponderance of 92
the evidence, the court shall award to the parent or 93
guardian two thousand dollars per violation plus court costs 94
and reasonable attorney's fees. 95
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