• JOA: Student Surveys and Non-Emergency Examinations or Screenings

    Policy

    Student Surveys

    Without the prior written consent of the parent or guardian, if the student is an unemancipated minor, or prior written consent of the student, if the student is an adult or emancipated minor, the District cannot require a student to submit to a survey, analysis, or evaluation that reveals information concerning the following items:

    • Political affiliations or beliefs of the student or the student’s parent
    • Mental or psychological problems of the student or the student’s family
    • Sexual behavior or attitudes
    • Illegal, anti-social, self-incriminating, or demeaning behavior
    • Critical appraisals of other individuals with whom respondents have close family relationships
    • Legally recognized privileged or similar relationships, such as lawyers, physicians, and ministers
    • Religious practices, affiliations, or beliefs of the student or student’s parent
    • Income unless required by law to determine eligibility for participation in a program or receiving financial assistance under such program

    The District makes all instructional materials used in connection with any survey, analysis, evaluation, or part of the educational curriculum available for inspection by the student’s parent or guardian or eligible student upon written request to the principal or district Office of Legal Services. Instructional materials include teacher’s manuals, films, tapes, or other supplementary material used in connection with the survey, analysis, or evaluation. The District provides access to the instructional materials for inspection within a reasonable time after receiving the written request. The request should identify the instructional materials they wish to inspect as precisely as possible. The principal or designee contacts the parent or guardian of the student or the eligible student to discuss access and makes arrangements as promptly as possible.

    This policy does not apply to a survey administered to a student under the Individuals with Disabilities Education Act, 20 USC 1400 et seq.

    Marketing

    The collection, disclosure, or use of student personal information for marketing or selling that information or providing such information to others for that purpose is prohibited.

    This prohibition 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:

    • Postsecondary institutions or military recruitment
    • Book clubs, magazines, and programs providing access to low-cost literary products
    • Curriculum and instructional materials
    • Diagnostic or achievement assessments for statistical analysis and summative reporting and public release
    • The sale by students of products or services to raise funds for school-related or education-related activities
    • Student recognition programs

    Annual Notification

    At the beginning of each school year, the District notifies parents, guardians, and eligible students of their rights under this policy. If the policy changes, the District also informs parents, guardians, and eligible students within a reasonable period.

    The notification includes the following:

    • Upcoming surveys that reveal information concerning one or more of the items listed in the policy
    • The right to inspect, upon request, any survey before distribution and the applicable procedures
    • The right to inspect, upon request, any instructional materials used as part of the educational curriculum and the applicable procedures
    • The administration of any non-emergency, invasive physical examinations or screenings that the school may administer to a student that
      • Are required as a condition of attendance
      • Are administered by the school and scheduled by the school in advance
      • Are not necessary to protect the immediate health and safety of the student or other students.

    Invasive physical examination means any medical examination involving the exposure of private body parts or any act during such examination that includes incision, insertion, or injection into the body. This policy does not apply to a hearing, vision, or scoliosis screening. In addition, this policy does not apply to any physical examination or screening permitted or required by state law, including physical examinations or screenings permitted without parental notification.

    The annual notification includes the specific or approximate dates when any such activities described above are scheduled or expected to be scheduled during the school year. In addition, the notification has an opportunity for the parent, guardian, or eligible student to opt out of those activities.

    Student Privacy

    Regardless of funding source, any survey, analysis, or evaluation that reveals information concerning the above-listed items is administered anonymously on a sampling basis. No personally identifiable information is obtained from or reported on any individual student.

    Parents, guardians, and eligible students have the right to be advised of arrangements to protect student privacy.

    The District advises parents, guardians, and eligible students that they may direct complaints regarding a violation of student privacy to the Family Educational Rights and Privacy Act Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.

    History

    • Adopted: June 15, 2004
    • Amended: June 28, 2022

    Legal References

     

     

     

    Notification of Rights under the Protection of Pupil Rights Amendment

    Dear parent, guardian, or eligible student:

    An amendment to the Protection of Pupil Rights Act affords parents of students and eligible students certain rights regarding student surveys, analysis, evaluations, and non-emergency physical examinations. These include the right to:

    Consent before students are required to submit to a survey, analysis, or evaluation that concerns one or more of the following protected areas:

    • Political affiliations or beliefs of the student or the student’s parent
    • Mental or psychological problems of the student or the student’s family
    • Sexual behavior or attitudes
    • Illegal, anti-social, self-incriminating, or demeaning behavior
    • Critical appraisals of other individuals with whom respondents have close family relationships
    • Legally recognized privileged or similar relationships, such as lawyers, physicians, and ministers
    • Religious practices, affiliations, or beliefs of the student or student’s parent
    • Income unless required by law to determine eligibility for participation in a program or receiving financial assistance under such program

    Receive notice and an opportunity to opt a student out of

    • Any survey, analysis, or evaluation concerning any of the above-listed areas
    • The administration of any non-emergency, invasive physical examinations or screenings that the school may administer to a student that is
      • Required as a condition of attendance
      • Administered by the school and scheduled by the school in advance
      • Not necessary to protect the immediate health and safety of the student or other students
    • This notice does not apply to hearing, vision, scoliosis screenings, or any physical exam or screening permitted or required under State law.

    Invasive physical examination means any medical examination involving the exposure of private body parts or any act during such examination that includes incision, insertion, or injection into the body.

    Inspect, upon request and before administration or use

    • Any survey, analysis, or evaluation that concerns any of the above-protected areas
    • Any instructional materials used as part of the educational curriculum.

    The District developed and adopted this policy, including arrangements to protect student privacy in administering protected surveys, analyses, or evaluations. The District notifies parents, guardians, and eligible students of this policy at the start of each school year and within a reasonable time after making substantive changes. For a copy of the policy, please contact your school’s principal.

    Parents, guardians, and eligible students may direct complaints regarding a violation of student privacy to the

    U.S. Department of Education

    Student Privacy Policy Office

    400 Maryland Ave, SW

    Washington, DC 20202-8520

    Or electronically via the U.S. Department of Education’s website.  

    The prospective dates for anticipated surveys and non-emergency examinations are attached. If you do not want your student to participate in any of the listed surveys or examinations, please circle the appropriate item, initial, and return it to the school’s principal.

    Please sign and return this Notice of Rights Under the Protection of Pupil Rights Amendment to the principal within seven days. If you do not circle any items and sign below, you indicate your consent to the District administering the surveys and examinations attached.