PRINTER'S NO. 2682
No. 2173 Session of 1993
INTRODUCED BY ROHRER, FICHTER, TRELLO, OLASZ, SATHER, LYNCH,
MILLER, TRUE, STERN, HERSHEY, SCHULER, SAURMAN, ARMSTRONG,
CLYMER, YEWCIC, LEH, BARLEY, EGOLF AND PITTS,
OCTOBER 13, 1993
REFERRED TO COMMITTEE ON EDUCATION, OCTOBER 13, 1993
AN ACT
1 Providing for disclosure to parents and other affected
2 individuals of the context and effect of certain school
3 curriculum, testing methods and behavior modification
4 techniques; and providing penalties.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the Truth in
9 Labeling in Education Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Affective content." Any method of behavior modification
15 that would request personal, sensitive information or data that
16 would violate privacy of the individual. These methods include
17 the following:
18 (1) Values clarification.
1 (2) Cognitive dissonance.
2 (3) Cognitive conflict.
3 (4) Value changing.
4 (5) Habit changing.
5 (6) Attitude changing.
6 (7) Behavior changing.
7 (8) Moral dilemmas.
8 (9) Therapeutic techniques.
9 (10) Conflict resolution.
10 (11) Interpersonal or intrapersonal decision making.
11 (12) Privacy invading questionnaires or surveys.
12 (13) Psychiatric or psychological techniques.
13 (14) Control theory.
14 (15) Reality therapy.
15 (16) Critical analysis of self or family members, peers
16 or others.
17 (17) Role playing.
18 (18) Magic or green circle.
19 (19) Guided fantasy.
20 (20) Group therapy.
21 (21) Hypnotic trance.
22 (22) Counseling.
23 (23) Peer counseling, tutoring or monitoring.
24 (24) Life skills, stress management and decision making.
25 (25) Behavior contracts.
26 (26) Thought reform.
27 "Informed consent." The knowing consent of an individual or
28 emancipated minor or adult or the informed written consent of
29 his legally authorized representative, where the individual is
30 so situated as to be able to exercise free power of choice
19930H2173B2682 - 2 -
1 without undue inducement or any element of force, fraud, deceit,
2 duress or other coercion. An unemancipated minor shall require
3 informed written consent. The basic elements of consent include
4 the following:
5 (1) Fair explanation of procedures to be followed and
6 their purposes, including identification of any procedures
7 which are experimental.
8 (2) A description of any attendant discomfort risks
9 reasonably to be expected.
10 (3) A description of any benefit reasonably to be
11 expected.
12 (4) A disclosure of any appropriate alternative
13 procedures.
14 (5) An instruction that the person is free to withdraw
15 his consent and to discontinue in the project or activity at
16 anytime without prejudice to the subject.
17 The institution must answer any inquiries concerning the
18 activities stated in this definition.
19 "Subjects at risk." Any individual who may be exposed to the
20 possibility of injury, including physical, psychological or
21 social injury, as a consequence of participation as a subject in
22 any activity described in the definition of affective content.
23 Section 3. Conduct of testing.
24 (a) General rule.--All testing of school pupils which does
25 not measure strictly and solely academic content areas must be
26 truthfully labeled as to what is being requested or what
27 specific objective is being measured, and the risk involved must
28 be disclosed to parents. This form of testing includes all items
29 in the Test Item Bank currently, any and all future additions,
30 regardless of Federal, State, regional or local origin, any and
19930H2173B2682 - 3 -
1 all questionnaires, surveys, including "testing beyond the
2 text," any and all writing prompts that elicit responses to
3 affective or nonacademic quality goals of education or primary
4 traits, supplemental activities or programs, and personal
5 privacy invading data collection mechanisms regardless of method
6 administered.
7 (b) Objectives, remediation, etc.--The measurement
8 instruments used, how the objective is being measured and the
9 remediation process must be truthfully labeled. The purpose of
10 the assessment must be disclosed to parents.
11 (c) Research, etc.--All research or experimentation programs
12 and projects or psychiatric, psychological or physical
13 examinations or testing must be truthfully labeled. Fully
14 informed written parental consent is required for the use of any
15 item in this subsection.
16 Section 4. Curriculum or treatment.
17 (a) General rule.--All existing or future educational
18 programs, curricula, activities, research or experimentation
19 programs, projects, psychiatric, psychological examination,
20 testing or treatment, textbooks, assessment materials, journals
21 eliciting personal or sensitive emotions or experiences,
22 including primary traits, computer programs and software, stress
23 management, questionnaires, surveys, including material by
24 nonprofit community organizations, business, movies or
25 filmstrips, pamphlets, life role competencies, worksheets,
26 suggested or required reading lists, guidance programs, school-
27 sponsored field trips, computer programs, supplemental materials
28 that are currently or will be used in or through "school time"
29 or "school-associated time," including group activities, shall
30 be truthfully labeled to clarify exactly what is to be measured
19930H2173B2682 - 4 -
1 in the "affective" or "nonacademic" domain.
2 (b) Subjective.--All nonacademic activities or curricula
3 that do not conform to basic academic content must be labeled as
4 subjective.
5 Section 5. Consumer protection.
6 (a) Disclosure forms.--Disclosure forms and permission slips
7 must be provided to all parents of all children serviced through
8 the public schools of this Commonwealth by local school
9 districts for each nonacademic objective that would directly
10 relate to their children. These forms must explicitly detail the
11 risk involved in both the testing and treatment in any
12 "behaviour-changing" curriculum. Disclosure forms must
13 truthfully detail for parents and taxpayers the total amount of
14 the school day that will be devoted strictly and solely to
15 academic curriculum.
16 (b) Administration.--Only properly credentialed
17 professionals shall administer assessments, treatment or
18 curriculum requiring informed written parental consent. The
19 training and credentials of the professional must be stated on
20 the disclosure form and must conform to the act of March 23,
21 1972 (P.L.136, No.52), known as the Professional Psychologists
22 Practice Act.
23 (c) Availability of materials for review by parents and
24 taxpayers.--The disclosure forms, permission slips and all
25 materials must be made available to parents and taxpayers for a
26 minimum of two weeks prior to each quarter of the school year.
27 (d) Decision by parents.--Parents shall have the
28 responsibility of making an informed decision if their children
29 will participate in any of the activities described in this act.
30 Prior informed written parental consent is required for all
19930H2173B2682 - 5 -
1 testing, treatment, curricula and activities, individual or
2 group, including community service.
3 (e) Protection of certain students.--Students not given
4 parental permission to participate in affective or behavior
5 modification programs, assessments or other activities shall not
6 be penalized verbally, physically or emotionally. To do so
7 constitutes a violation of this act.
8 (f) Liability insurance.--Boards of school directors shall
9 carry adequate liability insurance coverage for emotional,
10 attitudinal, psychological or behavioral damage incurred by a
11 pupil or his family for improper diagnosis or treatment. Local
12 school directors shall establish a policy to conform to the
13 provisions of this act.
14 (g) Disposition of data.--Parents must be informed of the
15 disposition of all personal or sensitive individually
16 identifiable data that leaves the school district via hard copy
17 or electronic media after the written parental consent has been
18 given.
19 Section 6. Enforcement and penalties.
20 (a) General rule.--School pupils and their families shall
21 have the right to hold local board of school directors,
22 superintendents, assistant superintendents, curriculum
23 coordinators, building principals, assistant principals,
24 counselors, school psychologists, classroom teachers, or teams
25 of teachers, including college and university research
26 institutes, student teachers, parents, volunteers, and any
27 outside agency or counseling service contracted through a school
28 district liable for any and all violations of this act.
29 (b) Penalties.--
30 (1) A violation of this act constitutes a felony of the
19930H2173B2682 - 6 -
1 third degree punishable by a term of imprisonment of not less
2 than one year and by a fine of not less than $100,000.
3 (2) Additionally, the Department of Education shall
4 suspend or revoke the teaching or other certificates or
5 credentials of any person convicted under paragraph (1).
6 (c) Civil liability.--Any person described in subsection (a)
7 may be held civilly liable for physical, mental or emotional
8 damages sustained by any pupil, or his family, due to a
9 violation of this act, regardless of whether a criminal
10 conviction is obtained under this section.
11 Section 7. Repeal.
12 All acts and parts of acts are repealed insofar as they are
13 inconsistent with this act.
14 Section 8. Applicability.
15 This act shall apply to the 1994-1995 school year and
16 thereafter.
17 Section 9. Effective date.
18 This act shall take effect immediately.
I20L24PJP/19930H2173B2682 - 7 -