HOUSE BILL NO. 1242 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend and reenact § 22.1-79.3 of the Code of Virginia, relating to surveys and questionnaires of public school students. ---------- Patron-- Hugo ---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1.  That § 22.1-79.3 of the Code of Virginia is amended and reenacted as follows:

§ 22.1-79.3. Policies regarding certain activities.

A. No later than January 1, 2001, local school boards shall develop and implement policies to ensure that public school students are not required to convey or deliver any materials that (i) advocate the election or defeat of any candidate for elective office, (ii) advocate the passage or defeat of any referendum question, or (iii) advocate the passage or defeat of any matter pending before a local school board, local governing body or the General Assembly of Virginia or the Congress of the United States.

This section shall not be construed to prohibit the discussion or use of political or issue-oriented materials as part of classroom discussions or projects or to prohibit the delivery of informational materials.

B. Local school boards shall develop and implement policies to prohibit the administration of questionnaires or surveys to public school students during the regular school day or at school-sponsored events without written, informed parental consent for the student's participation when participation in such questionnaire or survey may subsequently result in the sale for commercial purposes of personal information regarding the individual student.

C. Local school boards shall not administer questionnaires or surveys to public school students during the regular school day or at school-sponsored activities if such questionnaires and surveys seek disclosure of (i) the parents' political affiliations or beliefs; (ii) the social security numbers of the parents or student, except as may be required for admission and enrollment; (iii) the sexual behavior and attitudes of the student and his family members; or (iv) disparaging information about family members.

Nothing in this section shall be construed to prohibit local school boards from administering questionnaires and surveys to students during the regular school day or at school-sponsored activities when the questionnaire or survey (i) is designed to elicit information that will assist the school board in improving service to students within the division or within a particular school, and (ii) does not include personally identifiable data or information.

Before administering any questionnaire or survey as permitted in this section, local school boards shall determine the age-appropriateness of such questionnaire or survey.

CD. No local school board providing access and opportunity to use school facilities or to distribute literature may deny equal access or fair opportunity to use such school facilities or to distribute literature, or otherwise discriminate against the Boy Scouts of America or the Girl Scouts of the USA.

Nothing in this subsection shall be construed to require any school or school division to sponsor the Boy Scouts of America or the Girl Scouts of the USA, or to exempt any such groups from school board policies governing access to and use of school facilities and distribution of literature.