2415.05  STUDENT SURVEYS, ANALYSIS, EVALUATIONS, EXAMINATIONS, TESTING, OR TREATMENT
The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. §1232h; 34 CFR Part 98) applies to school districts that receive funding from the United States Department of Education.
 
Consent
 
PPRA requires written consent from parents of unemancipated minor students and students who are eighteen years old or emancipated minor students before such students are required to participate in a survey, analysis, or evaluation funded in whole or in part by a program of the United States Department of Education that concerns one or more of the following areas referred to as “protected information surveys”:
 
1.     	Political affiliations or beliefs of the student or student’s parent;
 
2.     	Mental or psychological problems of the student or student’s 		family;
 
3.     	Sex 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 or analogous relationships, such as 		with lawyers, physicians, and ministers;
 
7.     	Religious practices, affiliations, or beliefs of the student or parents;
 
8.     	Income (other than that required by law to determine eligibility for 		participation in a program or for receiving financial assistance 		under such program); or

9.     	Social security number.

This consent requirement also applies to the collection, disclosure or use of student information for marketing purposes, referred to as “marketing surveys”, and for certain physical examinations and screenings.
“Opt a Student Out” Notice
The parents of unemancipated minor students and students who are eighteen years old or emancipated minor students will be provided an opportunity to opt out of participating in:
1.     	The collection, disclosure, or use of personal information obtained 		from students for marketing, to sell, or otherwise distribute 			information to others;
 
2.     	The administration of any other “protected information survey” not 	funded in whole or in part by the United States Department of 		Education; and
 
3.     	Any non-emergency, invasive physical examination required as a 		condition of attendance, administered by the school district or its 		agents, and not necessary to protect the immediate health and 		safety of a student, except for hearing, vision, scoliosis screenings, 		or any physical examination or screening permitted or required 		under State law.
 Inspection
The parents of unemancipated minor students and students who are eighteen years old or emancipated minor students, upon request and before administration or use, have the right to inspect:
1.     	Protected information surveys of students;
 
2.     	Instruments used to collect personal information from students for 		any of the above marketing, sales, or other distribution purposes; 		and
 
3.     	Instructional material used as part of the educational curriculum.
The Superintendent or designee shall be responsible for obtaining the consent, annual direct notification to parents and eligible students at the start of each school year and after any substantive changes of the “opt a student out” rights, and the inspection rights provisions of PPRA and this Policy.  The “opt a student out” notice shall include any specific or approximate dates of the activities eligible for a student to “opt out.”
PPRA Consent/Opt Out Violations
Parents or students who believe their rights under PPRA may have been violated may file a complaint with United States Department of Education.
The Protection of Pupil Rights Amendment (PPRA)
(20 U.S.C. §1232h; 34 CFR Part 98)
Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701 et seq.) as amended by the Every Student Succeeds Act.

Date Adopted:  March 29, 2004
Revised:  March 16, 2021, March 21, 2022