5126 Student Privacy Rights

Adoption Date: 02/26/2004
5000 - Students
Progress
5126 Student Privacy Rights

1.  Student Surveys
In accordance with the Protection of Pupil Rights Amendment (PPRA) of the No Child Left Behind Act, the District is committed to protecting the rights and privacy interests of parents/guardians and students with regard to administering surveys to students, which include one or more of the following items:

  • Political affiliations or beliefs of students toward the student’s parent/guardian;
  • Mental or psychological problems of the student or the student’s family;
  • Sex behavior or attitudes;
  • Illegal, anti-social, self-incriminating or demeaning behavior;
  • Critical appraisals of other individuals with whom the student has close family relationships;
  • Legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
  • Religious practices, affiliations or beliefs of the student or the student’s parent/ guardian;
  • Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
A. U.S. Department of Education Funded Surveys
The District shall make instructional materials available for inspection by parents/guardians if the materials will be used in connection with a U.S. Department of Education funded survey, analysis or evaluation in which their children participate and it addresses one or more of the above issues. In addition, the District shall obtain prior written parent/guardian consent before minor students are required to participate in any such survey, analysis or evaluation.
B.  Surveys Funded by Other Sources
The parent/guardian has a right to inspect, upon request, a survey created by a third party (other than the U.S. Department of Education) which addresses one or more of the above issues before the survey is administered or distributed by the School to the student. Such request must be submitted by the parent/guardian to the building principal at least 10 days prior to the administration or distribution of any survey.

2. Instructional Materials
Parents/guardians shall be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within a reasonable period of time after such request is received by the District. Requests shall be submitted by the parent/guardian, in writing, to the building principal. “Instructional Materials” is defined as instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual materials and materials in electronic or digital formats (such as materials accessible through the Internet). The term does not include academic tests or academic assessments.

3. Physical Examinations or Screening
The District shall provide parents/guardians with the opportunity to opt their child out of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the School and scheduled by the School in advance and that is not necessary to protect the immediate health and safety of the student and/or other students. The term “Invasive Physical Examination” means any medical examination that involves the exposure of private body parts, or any act during such examination that includes incision, insertion or injection in the body, but does not include any physical examination or screening that is permitted or required by law (e.g., hearing, vision or scoliosis screening).

4. Collection, Disclosure or Use of Personal Information
Unless required or authorized by federal or state law and/or regulation, it is the policy of the Board of Education not to permit the collection, disclosure or use of personal information collected from students for the purpose of marketing or selling that information or otherwise providing that information for that purpose, unless otherwise exempted pursuant to law. “Personal Information” is defined as individually identifiable information including a student’s or parent/guardian’s first and last name, home address, telephone number or Social Security number). 

This provision shall not apply to the collection, disclosure or use of personal information collected from students for the exclusive purpose of developing, evaluating or providing educational products or services for, or to, students or educational institutions such as: 

A. College or other post-secondary education recruitment or military recruitment;
B. Books, clubs, magazines and programs providing access to low cost literary products;
C. Curriculum and instructional materials used by elementary and secondary schools;
D. Tests and assessments used by elementary and secondary schools to provide cognitive, evaluative, diagnostic, clinical, aptitude or achievement information about students (or to generate other statistically useful data for the purpose of securing such tests and assessments) and the subsequent analysis and public release of the aggregate data from such tests and assessments;
E. The sale by students of products or services to raise funds for school-related or education-related activities;
F.  Student recognition programs.

5.  Notification to Parents
The District shall provide parents with a copy of this policy at the beginning of each school year, and within a reasonable period of time after adoption or substantive change in this policy.

The District shall provide parents/guardians with notification, at least annually, at the beginning of school year, or when enrolling students for the first time in District schools, of the specific or approximate dates during the school year when the above activities are scheduled or expected to be scheduled.

The District shall providing notification to parents/guardian and offer them the opportunity to opt their child out of participation in the following activities:

A. Activities involving the collection, disclosure or use of personal information collected from students for the purpose of marketing or selling that information;
B. The administration of any survey containing one or more of the items listed above.
C.  Any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the School and scheduled by the School in advance, and not necessary to protect the immediate health and safety of the student and/or other students.

6. Miscellaneous
The provisions of PPRA and this policy do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). In addition, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).

The rights provided to parents/guardians under PPRA transfer to the student when he/she turns 18 years of age or is an emancipated minor under applicable state law.

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