Protection of Pupil Rights Amendment

Notification of Rights Under the Protection of Pupil Rights Amendment 

• Consent before students are required to submit to a survey that concerns one or more of the following protected area (“protected information survey”) if the survey is:

1. Political affiliations or beliefs of the student or student’s parents
2. Mental or psychological problems of the student or student’s family
3. Sexual behavior or attitudes
4. Illegal, anti-social, self-incriminating, or demeaning behavior
5. Critical appraisals of others with whom respondents have close family relationships
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers
7. Religious practices, affiliations, or beliefs of the student or parents, or income, other then as required by law to determine program eligibility.

• Receive notice and an opportunity to opt a student out of:

1. Any other protected information survey, regardless of funding
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under state law; and
3. Activities involving collection, disclosure, or use of personal information obtained from students for marketing or to sell or to otherwise distribute the information to others. 

• Inspect, upon request and before administration or use:

1. Protected information surveys of students 
2. Instruments used to collect personal information from students of the above marketing, sales, or other distribution purposes; and
3. Instructional material used as part of the educational curriculum

The District will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. The District will notify parents and eligible students of these policies at least annually at the start of each school year and after any substantive changes. The District will also directly notify parents and eligible students, such as through the U.S. mail or email, at least annually at the start of each school year of the specific or approximate date of the following activities and provide an opportunity to opt a student out of participating in:

• Collection, disclosure, or use of personal information for marketing, sales or other distribution
• Administration of any protected information survey not funded in whole or in part by ED
• Any non-emergency, invasive physical examination or screening as described above.

Parents/eligible students who believe their rights have been violated may file a complaint with:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605