Maryland Code, EDUCATION 7-420
Terms Used In Maryland Code, EDUCATION 7-420
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- including: means includes or including by way of illustration and not by way of limitation. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(b) The Department, in coordination with the Maryland Department of Health:
(1) May omit up to a maximum of one-third of the survey questions if the Department considers the content of the questions inappropriate; and
(2) Shall include in the survey at least five questions from the Centers for Disease Control and Prevention Youth Risk Behavior Survey on adverse childhood experiences or positive childhood experiences.
(c) (1) The Department, in coordination with the Maryland Department of Health, shall require a local school system to utilize passive parental consent before administering the survey.
(2) The local school system shall provide each parent with:
(i) A statement that:
1. Notifies the parent that:
A. The survey is confidential;
B. The answers will be kept private;
C. The student’s name will not be required on the survey response sheet; and
D. The survey is designed to identify risk behaviors that may include safety behaviors such as use of helmets and seat belts, depression and mental health, use of tobacco, alcohol, or other drugs, nutrition and physical activity, and sexual behavior; and
2. Explains how a parent can obtain a copy of the survey questions that will be administered and more information regarding the survey, including the mailing address, telephone number, and website address of the Centers for Disease Control and Prevention; and
(ii) Subject to subsection (d) of this section, a denial of permission form that may be returned by the parent to the school.
(d) (1) For the academic year during which the survey will be conducted, the denial of permission form shall be a part of the request for emergency contact information that is distributed by the public school to each student or parent or guardian of the student.
(2) The denial of permission form shall be distributed only to a student or the parent or guardian of a student who may be subject to the survey administered under this section.