June 24, 2017

Pupil Privacy Rights


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)..