A BILL TO BE ENTITLED
AN ACT to require written parental consent prior to the acquisition of certain survey information from students.
The General Assembly of North Carolina enacts:
SECTION 1.  Article 29 of Chapter 115C of the General Statutes is amended by adding a new section to read:
"§ 115C‑405. Written parental consent required prior to the acquisition of certain survey information from students.
(a)	Unless a local school administrative unit receives prior written informed consent from a student's parent or legal guardian the local school administrative unit shall not administer to a student any survey, assessment, analysis or evaluation that reveals information concerning:
(1)	Political affiliations;
(2)	Mental and psychological problems potentially embarrassing to the student or the student's family;
(3)	Sexual behavior or attitudes;
(4)	Illegal, antisocial, self‑incriminating or demeaning behavior;
(5)	Critical appraisals of relatives of the student;
(6)	Income, other than that required by law, to determine eligibility for participation in a program or for receiving financial assistance under a program; or
(7)	Social security number. 
(b)	A local school administrative unit that violates the provisions of this section shall be subject to declaratory and injunctive relief but not to damages. A court may award reasonable attorneys' fees as a part of the costs to a student or a parent who prevails in an action brought pursuant to this section.
(c)	For the purposes of this section, prior written informed consent is not required from the parent of a student that is age 18 or over, married or legally emancipated."
SECTION 2.  This act becomes effective August 1, 2005.