During consideration of HR1, the "Leave No Child Behind" education bill, the House of Representatives passed an amendment authored by Rep. Todd Tiahrt, R-KS, called the Parental Freedom of Information Amendment. If approved, it  would have adversely impacted school-based research by requiring that any survey research done in schools (or done in any setting in which federal Dept. of Education money is employed) in which questions in any of seven specified areas are asked (including sex, reproductive behavior, illegal or antisocial behavior, family relationships) be conducted only with prior, written parental consent. In practice, surveys are often judged to constitute "less than minimal risk" and may be conducted using passive consent procedures. No companion to the Tiahrt amendment was approved by the Senate, so the conference committee on H.R. 1 had to forge a compromise.

The Graham-Tiahrt amendment was not included in the conference report, so the federal government does not mandate that school-based research on risk behaviors be done only with written parental consent.  However, the final bill language does require each local educational agency (school district) to develop a policy that will protect students’ privacy in the event a survey on risk behaviors or attitudes is administered.  Privacy policies are also to cover how schools will handle parental requests to view curricular materials and view surveys in advance of their administration.  Researchers are concerned that, because they are required now to produce policies, school districts will adopt stringent policies without understanding the consequences to research (and ultimately, to the information on which policies on children and youth can be based).  It is unlikely that school districts will adopt policies that are friendly to survey research without the involvement of researchers who can explain alternative procedures, such as passive assent, and the ethical review, via Institutional Review Boards, that federally funded research must already undergo as a condition of funding.     

To read about the history of this legislation and recent articles about written parental consent for school-based surveys, click on the links below:

http://www.house.gov/rules/hr0001cr.pdf and click on Title X part F. The Tiahrt language is on pages 1167-1174.

• PSA Article:  Compromise on School-Based Research Approved by Congress

• School Based Research In The News
• Action Alert: School Based Research Threats
• Letter from Coalition to Save School-Based Research
• Letter from Education and Health Groups
• Letter to Hutchinson from COSSA
• SIECUS letter to Sen. Jeffords
  
• Letter From Substance Abuse Organizations
  
• Letter to Senators from National Organizations Responding to AIDS
  
• Letter to Senators from American Psychiatric Association
  
• Fact Sheet on Impact to School-Based Services
  
• Letter to Sen. Kennedy from Public Health Organizations
  
• Letter from National Mental Health Association on Tiahrt
  
• Letter to House and Senate from Medical Organizations
  
• FAQ About Institutional Review Boards (IRBs)
• Dr. Udry on Research Impact