Policy: Pupil Privacy Rights
It is the intent of the Hartford School District to comply with the provisions of the
federal Pupil Privacy Rights Amendment (PPRA) governing the administration of
certain student surveys, analyses or evaluations funded in whole or in part by
the U.S. Department of Education.
Definitions
As used in this policy, the following terms shall mean:
"Invasive physical examination" means a 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.
"Personal information" means individually identifiable information including a
student’s or parent’s name, address, telephone number, or social security
number.
"Instructional material" means instructional content that is provided to a
student, regardless of format. It does not include tests or academic
assessments.
"Parent" means a natural or adoptive parent, 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 a child).
Student Rights
The rights provided to parents under the Pupil Rights Amendment and this policy
transfer to the student when the student turns 18 years old, or is an
emancipated minor under applicable Vermont law.
Policy
No student shall be required, without prior written parental consent, to take
part in a survey, analysis, or evaluation funded by the U.S. Department of
Education that reveals information concerning:
A. political affiliations or beliefs of a student or a student’s parents
B. mental or psychological problems of a student or student’s family;
C. sex behavior or attitudes;
D. illegal, anti-social, self-incriminating and demeaning behavior;
E. critical appraisals of other individuals with whom student respondents have
close family relationships;
F. legally recognized privileged or analogous relationships, such as those of
lawyers, physicians or members of the clergy. income (other than that required
by law to determine eligibility for participation in a program for receiving
financial assistance under such program; or
G. religious practices, affiliations, or beliefs of the student or the student’s
parents.
Parents shall have the right to inspect any survey created by a third party
before the survey is administered or distributed to a student. Requests for
inspection shall be in writing, and shall be made in sufficient time to allow
a response at least two weeks in advance of any survey to be given.
Parents shall be notified at least annually, at the beginning of the school
year or when enrolling students for the first time in district schools, of
this policy. The notification shall explain that parents/guardians or students
18 years of age or older, have the right to "opt out" of the following
activities:
A. the collection, disclosure and use of personal information gathered from
students for purpose of marketing or selling that information. This 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 services for, or to students.
B. the administration of any survey not funded in whole or part by the U.S.
Department of Education that includes the eight subject areas listed in
paragraph 1 above; or
C. 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 a student or
other students and not otherwise permitted or required by state law.
In addition parents shall be notified, through U.S. Mail, email or other
direct means, at least annually at the start of each school year of the
specific or approximate dates of any activities described in sub-paragraphs
A-C of paragraph 3 above, and shall be provided an opportunity to opt out of
participation in those activities.
Parents shall have the right to inspect, upon request, any instructional
material used as part of the educational curriculum.
The superintendent or his or her designee shall develop administrative
procedures as required to ensure implementation of this policy.
Date Adopted: August 11, 2009
Legal Reference: Protection of Pupil Rights Act, 20 U.S.C. § 1232h;
Vermont State Board of Education Manual of Rules and Practices, Rule
2120.8.12(f).
[1] This policy is required by 20 U.S.C. 1232h(c)(1), a section of the No Child
Left Behind Act. Each of the components in this model must be included in the
policy. See also Vermont SBE Rule 2120.8.12(f)..