On June 20th, LA Superintendent John White sent a memorandum to districts across the state regarding the Caring Communities Youth Survey:
The survey asks students for information regarding their drug use and other self-incriminating behaviors; emotional distress; attitudes, values and beliefs; and, other items that parents may find inappropriate:
ctc020community_youth_survey.pdf |
Additionally, surveying students with those types of questions is a violation of Act 837:
"C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:
(a) Political affiliations or beliefs of the student or the student's parent.
(b) Mental or psychological problems of the student or the student's family.
(c) Sexual behavior or attitudes.
(d) Illegal, anti-social, self-incriminating, or demeaning behavior.
(e) Critical appraisals of other individuals with whom a student has a close family relationship.
(f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(g) Religious practices, affiliations, or beliefs of the student or the student's parent.
(h) Family income.
(i) Biometric information.
(j) Social security number.
(k) Gun ownership.
(l) Home Internet Protocol Address.
(m) External digital identity.
Section G of the Act provides for penalties for such violations:
"G. Except as provided in Paragraph (F)(4) of this Section, a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars."
"Paragraph (F)(4)" doesn't apply in the case of this survey, therefore, the remainder of Section G is applicable.
Today was the first day of the administration of the Caring Communities Youth Survey according to Supt. White's memorandum, and we alerted all superintendents this afternoon via the following email. We encourage everyone to alert your school board members, as well:
"This is in reference to the Memorandum dated June 20, 2014 that you received from Louisiana Superintendent of Education, John White regarding the 2014 Caring Communities Youth Survey. In this memo, Mr. White stated that the LDoE will conduct the Caring Communities Youth Survey among Louisiana students in grades 6, 8, 10, and 12 between October 31, 2014 and November 30, 2014. Please be advised that on June 4, 2014 and on June 23, 2014 the state promulgated two new laws, Act 436 and Act 837 respectively, that will affect the administration of this survey.
Act 436 states that parents have a right to review any survey prior to it being administered to their child and became effective on August 1, 2014. Act 837, which also became effective on August 1, 2014, states that the school districts cannot require the collection of certain information unless voluntarily disclosed by the parent or legal guardian.
Included are the links to both of the Acts. We hope that you will familiarize yourself and your staff with their requirements and possible penalties for violations.
Sincerely,
Angela Alef and Karen Champagne
The People, LLC
1.) Link to Act 837 - http://www.legis.la.gov/legis/ViewDocument.aspx?d=916157
2.) Link to Act 436 - http://www.legis.la.gov/legis/ViewDocument.aspx?d=913599"
"C.(1) Notwithstanding any provision of this Subpart or any other law to the contrary, no official or employee of a city, parish, or other local public school system shall require the collection of any of the following student information unless voluntarily disclosed by the parent or legal guardian:
(a) Political affiliations or beliefs of the student or the student's parent.
(b) Mental or psychological problems of the student or the student's family.
(c) Sexual behavior or attitudes.
(d) Illegal, anti-social, self-incriminating, or demeaning behavior.
(e) Critical appraisals of other individuals with whom a student has a close family relationship.
(f) Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers.
(g) Religious practices, affiliations, or beliefs of the student or the student's parent.
(h) Family income.
(i) Biometric information.
(j) Social security number.
(k) Gun ownership.
(l) Home Internet Protocol Address.
(m) External digital identity.
Section G of the Act provides for penalties for such violations:
"G. Except as provided in Paragraph (F)(4) of this Section, a person who violates any provision of this Section shall be punished by imprisonment for not more than six months or by a fine of not more than ten thousand dollars."
"Paragraph (F)(4)" doesn't apply in the case of this survey, therefore, the remainder of Section G is applicable.
Today was the first day of the administration of the Caring Communities Youth Survey according to Supt. White's memorandum, and we alerted all superintendents this afternoon via the following email. We encourage everyone to alert your school board members, as well:
"This is in reference to the Memorandum dated June 20, 2014 that you received from Louisiana Superintendent of Education, John White regarding the 2014 Caring Communities Youth Survey. In this memo, Mr. White stated that the LDoE will conduct the Caring Communities Youth Survey among Louisiana students in grades 6, 8, 10, and 12 between October 31, 2014 and November 30, 2014. Please be advised that on June 4, 2014 and on June 23, 2014 the state promulgated two new laws, Act 436 and Act 837 respectively, that will affect the administration of this survey.
Act 436 states that parents have a right to review any survey prior to it being administered to their child and became effective on August 1, 2014. Act 837, which also became effective on August 1, 2014, states that the school districts cannot require the collection of certain information unless voluntarily disclosed by the parent or legal guardian.
Included are the links to both of the Acts. We hope that you will familiarize yourself and your staff with their requirements and possible penalties for violations.
Sincerely,
Angela Alef and Karen Champagne
The People, LLC
1.) Link to Act 837 - http://www.legis.la.gov/legis/ViewDocument.aspx?d=916157
2.) Link to Act 436 - http://www.legis.la.gov/legis/ViewDocument.aspx?d=913599"