A. Notwithstanding any other law, each school district and charter school shall obtain written informed consent from the parent of a pupil before administering any survey that solicits personal information about the pupil regarding any of the following:

1. 1. Critical appraisals of another person with whom a pupil has a close relationship.
2. 2. Gun or ammunition ownership.
3. 3. Illegal, antisocial or self-incriminating behavior.
4. 4. Income or other financial information.
5. 5. Legally recognized privileged or analogous relationships, such as relationships with a lawyer, physician or member of the clergy.
6. 6. Medical history or medical information.
7. 7. Mental health history or mental health information.
8. 8. Political affiliations, opinions or beliefs.
9. 9. Pupil biometric information.
10. 10. The quality of home interpersonal relationships.
11. 11. Religious practices, affiliations or beliefs.
12. 12. Self-sufficiency as it pertains to emergency, disaster and essential services interruption planning.
13. 13. Sexual behavior or attitudes.
14. 14. Voting history.

C. This section applies to all surveys conducted pursuant to subsection A of this section:

1. 1. Regardless of the stated purpose of the survey.
2. 2. Regardless of the quantity or percentage of questions that solicit data pursuant to subsection A of this section.
3. 3. Including written or digital surveys.

D. This section does not apply to:

1. 1. Mental health screening pursuant to section 15-104 or the identification of or programming for children with disabilities or gifted pupils pursuant to chapter 7, articles 4 and 4.1 of this title.
2. 2. Class instruction, discussion or assignments on subjects within the purview of the course.
3. 3. Private schools.
4. 4. Any exam administered by a nationally recognized college entrance or career readiness exam provider that a student takes on public school property, regardless of whether the exam is taken during the school day.
5. 5. Any survey conducted or implemented by the Arizona criminal justice commission if, at least seven days before the survey is administered to a pupil, the school district or charter school provides the pupil's parent with a paper or electronic copy of the survey or electronic access to the survey.
6. 6. Any method of surveying a student that is conducted because a person has a reasonable belief that a minor is or has been a victim of abuse pursuant to section 13-3620.

E. A penalty may not be imposed on a pupil or the parent of a pupil who does not participate in any survey conducted pursuant to subsection A of this section. Participation in any survey pursuant to subsection A of this section is not required:

1. 1. To demonstrate that a pupil has met competency requirements for any grade level, course or subject.
2. 2. For a pupil to qualify for placement into any grade level, course or subject.
3. 3. For a pupil to be promoted to the next grade.
4. 4. For a pupil to receive credit for any course or as part of a letter grade for any course.
5. 5. For a pupil to graduate from high school.
6. 6. For a pupil to obtain a high school equivalency diploma.

H. Responses to any survey pursuant to subsection A of this section may not be included:

1. 1. As part of a school academic performance indicator pursuant to section 15-241, or as part of any other similar school rating system.
2. 2. In the education learning and accountability system pursuant to section 15-249, or in any other similar system.
3. 3. In the student accountability information system pursuant to section 15-756.10 or 15-1041, or in any other similar system.

J. On request, a charter school or school district shall provide any available information in a timely manner to the parent of a pupil regarding a survey administered pursuant to subsection A of this section, including:

1. 1. The name of the survey.
2. 2. The date or dates on which the survey will be administered.
3. 3. The method or methods of administering the survey.
4. 4. The amount of time required to administer the survey.
5. 5. The type of information collected by the survey.
6. 6. The reasons for administering the survey.

O. For the purposes of this section:

1. 1. "Parent" has the same meaning prescribed in section 15-101, except that parent does not mean this state if the pupil is a ward of the state.

2. 2. "Survey" means:

   1. (a) When used as a noun, an instrument that investigates the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.
   2. (b) When used as a verb, to use an instrument to investigate the attitudes, behaviors, beliefs, experiences, opinions or thoughts of a pupil or group of pupils.