The Protection of Pupil Rights Amendment (PPRA)
governs the administration to students of a survey, analysis, or evaluation
that concerns one or more of the following eight protected
areas:
Political affiliations or beliefs of the student
or 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 respondents have 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 student's parent/guardian; or
Income
(other
than
that
required by law to determine eligibility for
participation in a program
or for receiving
financial
assistance
under such program).
PPRA also concerns
marketing surveys and other areas of student privacy,
parental access to information, and the administration of certain physical
examinations to minors.
General Provisions
The requirements of PPRA do not apply to a survey administered to a student
in accordance with the Individuals with Disabilities Education Act (IDEA). Further,
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
from the parent/guardian to the student when the student turns 18 years old or is an emancipated minor under applicable
State law.
The School District
may use funds
provided under Part A of Title V of the Elementary and Secondary Education Act of 1965 to
enhance parental/guardian involvement in areas affecting
the in school privacy of students.
Annual Parental Notification of Policies/Prior Written Consent/" Opt Out" Provisions
The School District
shall provide fix reasonable notice of the adoption or continued use of this policy directly to parents/guardians and eligible students
enrolled in the District. At a minimum,
the District shall provide
such notice at least annually,
at the beginning of the school year, and within
a reasonable period of time after any substantive change in this policy.
Further, in the notification, the District shall offer an opportunity for parents/guardians
to provide written consent
or opt their child out of participation in the following activities in accordance with law and the surveys conducted:
The administration of any survey containing one or more of the eight protected areas.
U.S. Department of Education-Funded Surveys:
Prior written consent
from parents must be obtained
before students arc required to submit to the survey.
Surveys funded by sources other than U.S. Department of Education: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his/her child out of participating upon receipt of the notification.
Activities involving
the collection, disclosure, or use
of personal information collected from students for the purpose
of marketing or for selling that information (or otherwise providing
that information to others for that purpose).
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, or of 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 into the body, but does not include a hearing, vision or scoliosis screening.
Specific Notification
In the event that the District does not identify
the specific or approximate dates of the activities
or surveys to be administered in the general
annual notification, it shall "directly" notify, such as through U.S. Mail or email,
the parents of students who are scheduled to participate in the specific
activities or surveys prior to participation and provide an opportunity for the parent
to provide written consent or opt his/her child out of participation in accordance with law and the surveys
conducted.
U.S. Department of
Education-Funded Surveys
In compliance with the Protection of Pupil Rights Amendment (PPRA), the School District is
committed to protecting the rights and privacy interests of parents/guardians and students with regard to surveys
funded in whole or part by any program administered by the U.S. Department of Education (DOE).
The District shall make instructional materials available for inspection by parents/guardians if those materials will be used in connection
with a DOE-funded survey, analysis,
or evaluation in which their children participate. In addition, the School
District shall obtain
prior written parental/guardian consent before minor students are required to participate in any DOE-funded
survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.
Surveys Funded by Sources Other than U.S. Department of Education
The School District
has developed and adopted this Board policy, in consultation with parents/guardians, regarding the following:
The right of the parent/person in parental relation
to inspect, upon request,
a survey created by a third party (i.e.,
by a party other than the DOE) before the survey is administered or distributed by the school to a student.
Requests by parents/guardians to inspect such surveys are to be submitted, in writing, to the Building
Principal *at least ten days prior to the
administration or distribution of any survey.
Further, the District
shall grant a request by the parent/guardian for reasonable access to such survey within
a reasonable period of
time after the request is received by the District.
Arrangements shall be provided by the District
to protect student
privacy
in the event of the administration or distribution of a survey
to a student containing one or more of the eight
protected areas, including
the right of the parent/guardian of the student
to inspect, upon request, any survey containing one or more of the eight protected
areas. Such requests
must be submitted by the parent/guardian, in writing, to the Building
Principal *at least ten days prior to the administration or distribution of any survey.
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 (*defined
by the School District, for the purposes
of this policy, as thirty [30] days) after such request
is received by the District.
Requests shall be submitted by parents/guardians, in writing, to the Building
Principal. The term "instructional material" means 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.
The administration of physical examinations or screenings that the School
District ay administer to a student.
Further, this law does not apply to any physical examination or screening that is permitted or required by State law, including physical
examinations or screenings that arc permitted without parental notification.
In the implementation of this provision
regarding the administration of physical examinations or screenings
that the school may administer to the student, the School District incorporates by reference Board policies that address student
health services, as applicable, including but not limited
to policies regarding the administration of medication, immunization of students,
and student physicals.
Unless mandated/authorized in accordance with Federal or State law and/or regulation, it is policy of
the Board of Education, to not permit
the collection, disclosure. or use of personal information (the term "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) collected from students for the purpose
of marketing or for selling that information (or otherwise providing
that information to others
for that purpose), unless otherwise exempted pursuant to law as noted below.
Questions regarding the collection, disclosure, or use of personal
information collected from students for such marketing purposes
may be referred to the school attorney
as deemed necessary by the Superintendent/designee.
This law is not intended
to preempt applicable provisions of State law that requ1re parental/guardian notification.
These requirements do 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 the following:
College or other postsecondary education recruitment, or military recruitment*;
*Military recruiter
access to student
information is governed
by the Family Educational Rights and Privacy
Act of'J974 (FERPA)
and the National Defense Authorization Act for Fiscal Year 2002.
Book clubs, magazines, and programs providing
access to low-cost
literary products;
Curriculum and instructional materials used by elementary schools
and secondary schools:
Tests and assessments used by elementary schools 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;
The sale by students of products or services to raise funds for school-related or education
related activities;
Student recognition programs.
Family Educational Rights and Privacy
Act of 1974, as amended by the No Child Left Behind Act of 2001. 20 United States Code (USC) Sections
1232h(b) and 1232h(c)
34 Code of Federal Regulations (CFR) Part 98