New Jersey § 18a:36-34

§ 18a:36-34.

a. Notwithstanding section 1 of P.L.2001, c. 364 ( C.18A:36-34 ), or any other law, rule, or regulation to the contrary, a school district that sends

prior written notification to a parent or legal guardian of a student may administer

an anonymous, voluntary survey, assessment, analysis or evaluation to the student

which reveals information concerning any of the following issues: (1) use of alcohol, tobacco, drugs, and vaping; (2) sexual behavior and attitudes; (3) behaviors that may contribute to intentional or unintentional injuries or violence;

or (4) physical activity and nutrition-related behaviors. b. Written notification provided by a school district to the parent or legal guardian

of a student shall be delivered to the parent or legal guardian by regular mail, electronic

mail, or a written acknowledgement form to be delivered by the student at least two

weeks prior to administration of the survey, assessment, analysis or evaluation. Written notification shall contain, at minimum, the following information: (1) a description of the survey, assessment, analysis, or evaluation; (2) the purpose for which the survey, assessment, analysis, or evaluation is needed; (3) the entities and persons that will have access to the information generated by

the survey, assessment, analysis, or evaluation; (4) specific instruction as to when and where the survey, assessment, analysis, or

evaluation will be available for parental or legal guardian review prior to its administration; (5) the method by which the parent or legal guardian can deny permission to administer

the survey, assessment, analysis, or evaluation to the student; a form specifically

providing for such denial shall be included with this notice; (6) the names and contact information of persons to whom questions can be directed;

and (7) a statement advising that failure to respond indicates approval of participation

in the survey, assessment, analysis, or evaluation. c. Information obtained through a survey, assessment, analysis or evaluation administered

to a student in accordance with this section shall be submitted to the Department

of Education and the Department of Health. Information may be used to develop public health initiatives and prevention programs. Information shall not be used for marketing or other commercial purposes that are

not related to student health. d. A school district that violates the provisions of this section shall be subject

to such monetary penalties as determined by the commissioner.