South Dakota § 13-3-51.2 - Information not subject to survey, analysis, or evaluation without consent.

Full text of South Dakota South Dakota Codified Laws § 13-3-51.2 — Information not subject to survey, analysis, or evaluation without consent., with citation guidance and answers to common questions.

§ 13-3-51.2. Information not subject to survey, analysis, or evaluation without consent.

No elementary school or secondary school student shall be required to submit to a survey, analysis, or evaluation that reveals information concerning:

(1)    Political affiliations or beliefs of the student or the student's parent;

(2)    Mental or psychological problems or aspects of the student or the student's family;

(3)    Sex behavior or attitudes of the student or the student's family;

(4)    Illegal, anti-social, self-incriminating, or demeaning behavior;

(5)    Critical appraisals of other individuals with whom respondents have close family relationships;

(6)    Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

(7)    Religious practices, affiliations, or beliefs of the student or student's parent;

(8)    Personal or family gun ownership; or

(9)    Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program);

without the prior consent of the student (if the student is an adult or emancipated minor), or in the case of an unemancipated minor, without the prior written consent of the parent. The list of information in subdivisions (1) to (9), inclusive, is not an exclusive list. The secretary of the Department of Education may add to the list of information in subdivisions (1) to (9), inclusive, other data, facts, or information that is of a similar nature that a student may not be required to disclose.

The term, parent, for purposes of this section, includes a legal guardian or other person standing in loco parentis.

Nothing in this section is intended to supersede or modify any other state law or any provision in 20 U.S.C. § 1232h or 34 C.F.R. Part 98, as amended to January 1, 2014.

Source: SL 2014, ch 76, § 3.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 13-3-51.2

What does South Dakota Codified Laws § 13-3-51.2 cover?

Section 13-3-51.2 ("Information not subject to survey, analysis, or evaluation without consent.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite South Dakota § 13-3-51.2?

A common citation format is "South Dakota Codified Laws § 13-3-51.2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of South Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.

How does South Dakota § 13-3-51.2 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.