After hearing opposition from health, education and youth leaders, the Colorado Board of Education put off a decision Thursday on requiring school districts to obtain parental permission before students take part in a wide-ranging health survey.
The legal questions surrounding the potential switch to “active consent,” however, just became more muddled.
The state board seemed poised to require advance parental OK — rather than just giving parents a chance to opt kids out — after receiving an informal opinion from the state attorney general’s office last month.
The opinion, from an attorney in the office, concluded federal and state law requires prior written parental consent.
But Larry Wolk, head of the state health department, told The Denver Post on Thursday he has received a conflicting informal opinion. Wolk said he has requested a formal opinion from the attorney general on whether the survey is voluntary.
Board members heard support Thursday for the current system from health authorities, Denver Public Schools, students, advocates for gay and lesbian youths and others.
In the past, parents, districts and schools have been able to opt out of the anonymous surveys given every other year.
led by elected officials and parents who consider the survey intrusive and inappropriate and believe parents aren’t informed of the content.
In 2013, 40,000 students at more than 220 schools took part in the Healthy Kids Colorado Survey.
Advocates for keeping the survey as-is say requiring permission could reduce participation to the point of rendering the survey meaningless.
Past surveys of middle schoolers and high schoolers have asked about eating habits, exercise, smoking, drinking, drugs, suicidal thoughts and bullying. High schoolers also are asked about sex.
State health officials say the data help obtain federal funding for preventing rape, youth suicide, bullying and more.
