|
U.S. Code as of:
01/19/04
Section 1232h. Protection of pupil rights
(a) Inspection of instructional materials by parents or guardians
All instructional materials, including teacher's manuals, films,
tapes, or other supplementary material which will be used in
connection with any survey, analysis, or evaluation as part of any
applicable program shall be available for inspection by the parents
or guardians of the children.
(b) Limits on survey, analysis, or evaluations
No student shall be required, as part of any applicable program,
to submit to a survey, analysis, or evaluation that reveals
information concerning -
(1) political affiliations or beliefs of the student or the
student's parent;
(2) mental or 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),
without the prior consent of the student (if the student is an
adult or emancipated minor), or in the case of an unemancipated
minor, without the prior written consent of the parent.
(c) Development of local policies concerning student privacy,
parental access to information, and administration of certain
physical examinations to minors
(1) Development and adoption of local policies
Except as provided in subsections (a) and (b) of this section,
a local educational agency that receives funds under any
applicable program shall develop and adopt policies, in
consultation with parents, regarding the following:
(A)(i) The right of a parent of a student to inspect, upon
the request of the parent, a survey created by a third party
before the survey is administered or distributed by a school to
a student; and
(ii) any applicable procedures for granting a request by a
parent for reasonable access to such survey within a reasonable
period of time after the request is received.
(B) Arrangements to protect student privacy that are provided
by the agency in the event of the administration or
distribution of a survey to a student containing one or more of
the following items (including the right of a parent of a
student to inspect, upon the request of the parent, any survey
containing one or more of such items):
(i) Political affiliations or beliefs of the student or the
student's parent.
(ii) Mental or psychological problems of the student or the
student's family.
(iii) Sex behavior or attitudes.
(iv) Illegal, anti-social, self-incriminating, or demeaning
behavior.
(v) Critical appraisals of other individuals with whom
respondents have close family relationships.
(vi) Legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers.
(vii) Religious practices, affiliations, or beliefs of the
student or the student's parent.
(viii) Income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program).
(C)(i) The right of a parent of a student to inspect, upon
the request of the parent, any instructional material used as
part of the educational curriculum for the student; and
(ii) any applicable procedures for granting a request by a
parent for reasonable access to instructional material within a
reasonable period of time after the request is received.
(D) The administration of physical examinations or screenings
that the school or agency may administer to a student.
(E) 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),
including arrangements to protect student privacy that are
provided by the agency in the event of such collection,
disclosure, or use.
(F)(i) The right of a parent of a student to inspect, upon
the request of the parent, any instrument used in the
collection of personal information under subparagraph (E)
before the instrument is administered or distributed to a
student; and
(ii) any applicable procedures for granting a request by a
parent for reasonable access to such instrument within a
reasonable period of time after the request is received.
(2) Parental notification
(A) Notification of policies
The policies developed by a local educational agency under
paragraph (1) shall provide for reasonable notice of the
adoption or continued use of such policies directly to the
parents of students enrolled in schools served by that agency.
At a minimum, the agency shall -
(i) 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 such policies; and
(ii) offer an opportunity for the parent (and for purposes
of an activity described in subparagraph (C)(i), in the case
of a student of an appropriate age, the student) to opt the
student out of participation in an activity described in
subparagraph (C).
(B) Notification of specific events
The local educational agency shall directly notify the parent
of a student, at least annually at the beginning of the school
year, of the specific or approximate dates during the school
year when activities described in subparagraph (C) are
scheduled, or expected to be scheduled.
(C) Activities requiring notification
The following activities require notification under this
paragraph:
(i) 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).
(ii) The administration of any survey containing one or
more items described in clauses (i) through (viii) of
paragraph (1)(B).
(iii) Any nonemergency, invasive physical examination or
screening that is -
(I) required as a condition of attendance;
(II) administered by the school and scheduled by the
school in advance; and
(III) not necessary to protect the immediate health and
safety of the student, or of other students.
(3) Existing policies
A local educational agency need not develop and adopt new
policies if the State educational agency or local educational
agency has in place, on January 8, 2002, policies covering the
requirements of paragraph (1). The agency shall provide
reasonable notice of such existing policies to parents and
guardians of students, in accordance with paragraph (2).
(4) Exceptions
(A) Educational products or services
Paragraph (1)(E) does 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:
(i) College or other postsecondary education recruitment,
or military recruitment.
(ii) Book clubs, magazines, and programs providing access
to low-cost literary products.
(iii) Curriculum and instructional materials used by
elementary schools and secondary schools.
(iv) 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.
(v) The sale by students of products or services to raise
funds for school-related or education-related activities.
(vi) Student recognition programs.
(B) State law exception
The provisions of this subsection -
(i) shall not be construed to preempt applicable provisions
of State law that require parental notification; and
(ii) do not apply to any physical examination or screening
that is permitted or required by an applicable State law,
including physical examinations or screenings that are
permitted without parental notification.
(5) General provisions
(A) Rules of construction
(i) This section does not supersede section 1232g of this
title.
(ii) Paragraph (1)(D) does not apply to a survey administered
to a student in accordance with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B) Student rights
The rights provided to parents under this section transfer to
the student when the student turns 18 years old, or is an
emancipated minor (under an applicable State law) at any age.
(C) Information activities
The Secretary shall annually inform each State educational
agency and each local educational agency of the educational
agency's obligations under this section and section 1232g of
this title.
(D) Funding
A State educational agency or local educational agency may
use funds provided under part A of title V of the Elementary
and Secondary Education Act of 1965 [20 U.S.C. 7201 et seq.] to
enhance parental involvement in areas affecting the in-school
privacy of students.
(6) Definitions
As used in this subsection:
(A) Instructional material
The term "instructional material" means instructional content
that is provided to a student, regardless of its format,
including printed or representational materials, audio-visual
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.
(B) Invasive physical examination
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.
(C) Local educational agency
The term "local educational agency" means an elementary
school, secondary school, school district, or local board of
education that is the recipient of funds under an applicable
program, but does not include a postsecondary institution.
(D) Parent
The term "parent" includes a legal guardian or other person
standing in loco parentis (such as a grandparent or stepparent
with whom the child lives, or a person who is legally
responsible for the welfare of the child).
(E) Personal information
The term "personal information" means individually
identifiable information including -
(i) a student or parent's first and last name;
(ii) a home or other physical address (including street
name and the name of the city or town);
(iii) a telephone number; or
(iv) a Social Security identification number.
(F) Student
The term "student" means any elementary school or secondary
school student.
(G) Survey
The term "survey" includes an evaluation.
(d) Notice
Educational agencies and institutions shall give parents and
students effective notice of their rights under this section.
(e) Enforcement
The Secretary shall take such action as the Secretary determines
appropriate to enforce this section, except that action to
terminate assistance provided under an applicable program shall be
taken only if the Secretary determines that -
(1) there has been a failure to comply with such section; and
(2) compliance with such section cannot be secured by voluntary
means.
(f) Office and review board
The Secretary shall establish or designate an office and review
board within the Department of Education to investigate, process,
review, and adjudicate violations of the rights established under
this section.
|
|