§7–420.

    (a)    The Department, in coordination with the Maryland Department of Health, shall establish procedures for the administration of the Centers for Disease Control and Prevention Youth Risk Behavior Survey/Youth Tobacco Survey to public middle school and high school students in the State.

    (b)    The Department, in coordination with the Maryland Department of Health:

        (1)    May omit up to a maximum of one–third of the survey questions if the Department considers the content of the questions inappropriate; and

        (2)    Shall include in the survey at least five questions from the Centers for Disease Control and Prevention Youth Risk Behavior Survey on adverse childhood experiences or positive childhood experiences.

    (c)    (1)    The Department, in coordination with the Maryland Department of Health, shall require a local school system to utilize passive parental consent before administering the survey.

        (2)    The local school system shall provide each parent with:

            (i)    A statement that:

                1.    Notifies the parent that:

                A.    The survey is confidential;

                B.    The answers will be kept private;

                C.    The student’s name will not be required on the survey response sheet; and

                D.    The survey is designed to identify risk behaviors that may include safety behaviors such as use of helmets and seat belts, depression and mental health, use of tobacco, alcohol, or other drugs, nutrition and physical activity, and sexual behavior; and

                2.    Explains how a parent can obtain a copy of the survey questions that will be administered and more information regarding the survey, including the mailing address, telephone number, and website address of the Centers for Disease Control and Prevention; and

            (ii)    Subject to subsection (d) of this section, a denial of permission form that may be returned by the parent to the school.

    (d)    (1)    For the academic year during which the survey will be conducted, the denial of permission form shall be a part of the request for emergency contact information that is distributed by the public school to each student or parent or guardian of the student.

        (2)    The denial of permission form shall be distributed only to a student or the parent or guardian of a student who may be subject to the survey administered under this section.