SERIES 5000: STUDENTS, CURRICULUM, AND ACADEMIC MATTERS
5300 Student Enrollment, Attendance, and Records
5308 Protection of Pupil Rights
A. Surveys, Analyses, and Evaluations
Parents/guardians may inspect any survey created by a third party before that survey is administered or distributed to their student. All survey inspection requests must be made in writing to the building principal before the survey’s scheduled administration date.
The District must obtain written consent from a student’s parent/guardian before the student is required to participate in a survey, analysis, or evaluation funded, in whole or in part, by the U.S. Department of Education that would reveal sensitive information. For all other surveys, analyses, or evaluations that would reveal sensitive information about a student, the District will provide prior notice to the student’s parent/guardian and an opportunity for the parent/guardian to opt their student out.
Employees may not request or disclose the identity of a student who completes a survey, evaluation, or analysis containing sensitive information.
“Sensitive information” includes:
- political affiliations or beliefs of the student or the student’s parent/guardian;
- 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 persons with whom the student has close family relationships;
- legally recognized privileges or analogous relationships, such as those with lawyers, physicians, and ministers;
- religious practices, affiliations, or beliefs of the student or the student’s parent/guardian; or
- income (other than that required by law to determine eligibility for participating in a program or for receiving financial assistance under that program).
B. Invasive Physical Examinations
Parents/guardians may refuse to allow their students to participate in any nonemergency, invasive physical examination or screening that is: (1) required as a condition of attendance, (2) administered and scheduled by the District, and (3) not necessary to protect the immediate health and safety of a student.
“Invasive physical examination” means:
1. any medical examination that involves the exposure of private body parts; or
2. any act during an examination that includes incision, insertion, or injection into the body that does not include a hearing, vision, or scoliosis screening.
C. Collection of Student Personal Information for Marketing
No employee will administer or distribute to students a survey or other instrument for the purpose of collecting personal information for marketing or selling that information.
“Personal information” means individually identifiable information that includes:
1.student’s and parents’/guardians’ first and last name;
2. home or other physical address;
3. telephone number; or
4. Social Security Number.
This Policy does not apply to the collection, disclosure, or use of personal information for the purpose of providing educational services to students, such as:
1. post-secondary education recruitment;
2. military recruitment;
3. tests and assessments to provide cognitive, evaluative, diagnostic, or achievement information about students; or
4. student recognition programs.
D. Inspection of Instructional Material
Parents/guardians may inspect instructional material consistent with Policy 5401.
E. Notification of Rights and Procedures
The Superintendent or designee will notify parents/guardians of:
1.this Policy and its availability upon request;
2. how to opt their child out of participation in activities as provided for in this Policy;
3. the approximate date(s) when a survey, evaluation, or analysis that would reveal sensitive information is scheduled or expected to be scheduled;
4. the approximate date(s) when the District or its agents intend to administer a non-emergency, invasive physical examination or screening required as a condition of attendance (except for hearing, vision, or scoliosis screenings); and
5. how to inspect any survey or other material described in this Policy.
This notification will be given to parents/guardians at least annually at the beginning of the school year and within a reasonable period after any substantive change to this Policy.
Parents/guardians who believe their rights have been violated may file a complaint with:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Legal authority: 20 USC 1232h
Date adopted: 08/09/2021
Date revised:
