The federal U.S. Code Protection of Pupil Rights Amendment
(excerpt)

Sec. 1061 Student Privacy, Parental Access to Information, and Administration of Certain Physical Examinations to Minors.

The No Child Left Behind Act contains a major amendment to the Protection of Pupil Rights Amendment (PPRA) that gives parents more rights with regard to the surveying of minor students, the collection of information from students for marketing purposes, and certain non-emergency medical examinations. PPRA has been referred to as the "Hatch Amendment" and the "Grassley Amendment" after authors of amendments to the law. Now, school officials may hear the law referred to as the "Tiahrt Amendment" after Congressman Todd Tiahrt who introduced the changes regarding surveys to the PPRA. The statute is found in 20 U.S.C. §1232h and the regulations (not yet updated) are found in 34 CFR Part 98.

U.S. DEPARTMENT OF EDUCATION SURVEYS

Subsection (a) of the legislation was not changed. Subsection (b) added an additional category (see bold below) and made minor changes to the existing seven categories. This provision applies to surveys funded in whole or part by any program administered by the U. S. Department of Education (ED). PPRA provides:

·   that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children participate; and

·   that schools and contractors obtain prior written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning:

    1. political affiliations or beliefs of the student or the student's parent;
    2. mental and psychological problems of the student or the student's family;
    3. sex behavior or attitudes;
    4. illegal, anti-social, self-incriminating, or demeaning behavior;
    5. critical appraisals of other individuals with whom respondents have close family relationships;
    6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
    7. religious practices, affiliations, or beliefs of the student or student's parent; or
    8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Subsections ‘a’ and ‘b’ of PPRA generally apply when a survey is funded, at least in part, by any program administered by the Secretary of Education.


SURVEYS FUNDED BY SOURCES OTHER THAN U.S. DEPARTMENT OF EDUCATION

The new provisions (contained in subsection c) apply (as does FERPA) to educational agencies or institutions that receive funds from any program of the Department of Education. Thus, public elementary and secondary schools are subject to the new provisions of PPRA. Here are the new requirements:

·       Schools are required to develop and adopt policies - in conjunction with parents - regarding the following -

    1. The right of parents to inspect, upon request, a survey created by a third party before the survey is administered or distributed by a school to students.
    2. Arrangements to protect student privacy in the event of the administration of a survey to students, including the right of parents to inspect, upon request, the survey, if the survey contains one or more of the same eight items of information noted above.
    3. The right of parents to inspect, upon request, any instructional material used as part of the educational curriculum for students.
    4. The administration of physical examinations or screenings that the school may administer to students.
    5. The collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling, or otherwise providing the information to others for that purpose.
    6. The right of parents to inspect, upon request, any instrument used in the collection of information, as described in number 5.

·       Local educational agencies (LEAs) must "directly" notify parents of these policies and, at a minimum, shall provide the notice at least annually, at the beginning of the school year. The LEA must also notify parents within a reasonable period of time if any substantive change is made to the policies.

·       In the notification, the LEA shall offer an opportunity for parents to opt out of (remove their child) from participation in the following activities:

    • 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.
    • The administration of any third party (non-Department of Education funded) survey containing one or more of the above described eight items of information.
    • Any non-emergency, invasive physical examination or screening that is: 1) required as a condition of attendance; 2) 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.

·       In the notification, the LEA shall notify parents the specific or approximate dates during the school year when these activities are scheduled.

Go to: http://www.ed.gov/policy/gen/guid/fpco/hottopics/ht04-10-02.html  AND

http://www.ed.gov/policy/gen/guid/fpco/ppra/index.html  for more on this federal law.