The Board of Education Policy 5550 adheres to the mandates of the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendments, in asking personal questions in surveys, giving physical exams, and collecting student information, as explained in more detail below.
Surveys Funded by the U.S. Department of Education
The Board of Education recognizes that student surveys are a valuable tool in determining student needs for educational services. Parents have the right to inspect all instructional material that will be used for a survey, analysis, or evaluation as part of a U.S. Department of Education (DOE) – funded program. In addition, no minor student may, without parental consent, take part in a survey, analysis or evaluation funded in whole or in part by the U.S. DOE Education that reveals information concerning:
A. political affiliations or beliefs of the student or the student’s parent;
B. mental or psychological problems of the student or the student’s family;
C. sex behavior or attitudes
D. illegal, anti-social, self-incriminating or demeaning behavior;
E. critical appraisals of other individuals with whom respondents have close family relationships;
F. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
G. religious practices, affiliations or beliefs of the student or the student’s parent; orH. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
Other Surveys on Personal Information
Parent/guardians have the right to submit a written statement to opt their child out of participation in any survey revealing information concerning one or more of the above items.
Parent/guardians and eligible students shall also have the right to inspect, upon their request, a survey created by a party other that the U.S. DOE before the survey is administered or distributed by a school to a student. Such requests must be submitted, in writing, to the Building Principal with a response to be at least two weeks in advance of any survey to be given.
Invasive Physical Examinations
Parent/guardians have the right to submit a written statement to opt their child out of participation for the administration of any non-emergency, invasive physical examination or screening that is required as a condition of attendance, administered by the school not necessary to protect the immediate health or safety of the student or other students and not otherwise permitted by state law.
Collection of Student Personal Information for Marketing Purposes
General policy Parents should note that, in general, the Board does not permit the collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling that information or providing it to others for that purpose. However, in limited circumstances, the board does permit the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services as permitted by law when such collection, disclosure or use I necessary to further educational purposes, such as:
A. College or other postsecondary education recruitment or military recruitment;
B. Book clubs, magazines and programs providing access to low-cost literary products;
C. Curriculum and instructional materials used in schools;
D. Tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for 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. Student recognition programs; and
F. The sale by students of products or services to raise funds for school-related activities.
In the event of such collection, disclosure or use of personal information gathered from students, the district will protect student privacy pursuant to the requirements of FERPA.
Parent Right to Opt Out Parents/guardians have the right to submit a written statement to opt their child out of participation in the collection, disclosure and use of personal information for the purpose of marketing or selling that information, or providing it to others for that purpose.
Notification to Parents of Surveys
The Superintendent/designee shall ensure that the district provides appropriate notification to parents informing them of their right to opt-out of protected information surveys or other activities, as appropriate (or consent for a DOE-funded survey).
The district shall notify parents/guardians and eligible students at least annually, at the beginning of the school year, and when enrolling students for the first time in district schools of this policy. The school district shall also notify parents/guardian within a reasonable period of time after any substantive change to this policy.