6162.51 - Surveys of Students - Student Privacy

Instruction

6162.51 - Surveys of Students (Student Privacy)

In this policy, “surveys, analyses, or evaluations” refer to methods of gathering data for research purposes.

No student shall be required as part of any program wholly or partially funded by the U.S. Department of Education to submit to any survey, analysis, or evaluation that reveals information concerning:

A. Political affiliations or beliefs of the student or the student’s parent;

B. Mental or psychological problems of the student or the student’s family;

C. Sex behavior or attitudes;

D. Illegal, anti-social, self-incriminating, or demeaning behavior;

E. Critical appraisals of other individuals with whom respondents have close family relationships;

F. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;

G. Religious practices, affiliations, or beliefs of the student or student’s parents/guardians; or

H. 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 written consent of the student’s parent/guardian. For the purpose of this policy, “instructional material” does not include academic tests or assessments.

All instructional materials, regardless of format, including teachers’ manuals, films, tapes or other supplementary material which will be used in connection with any such survey, analysis, or evaluation shall be available upon request for inspection by the student’s parent/guardian, or of the student, if he/she is 18 years of age or older. Academic tests and assessments are not included.

A parent may inspect, upon request, a survey created by a third party before the survey is administered or distributed to a student.

The Superintendent/designee will be responsible for implementing any procedures necessary to protect the privacy of participating students and to provide parents with access to surveys within a reasonable time before administration or distribution.

Prior to 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 the student or other students and not otherwise permitted or required by state law, a student’s parent/guardian will be notified and given an opportunity to opt their child out of the exam. Hearing, vision and scoliosis screenings are not subject to prior notification.

The schools will notify parents of this policy at least annually at the beginning of the school year and within a reasonable time of any substantive change in policy. Insofar as practicable,* schools will also directly notify parents annually at the beginning of the school year when surveys, analyses, or evaluations are scheduled or anticipated. Parents shall have the opportunity to opt out of such surveys, analyses, or evaluations.

*"Insofar as practicable" acknowledges that there may be circumstances in which a research request is made or is approved only after the school year has begun. When this occurs, the school unit should notify parents far enough in advance for them to access surveys and related instructional materials and to opt their children out, if desired.

(cf. 6161 – Equipment, Books and Materials: Provision/Selection)

(cf. 6161.12 – Reconsideration of Materials)

Legal Reference: Elementary and Secondary Education Act of 1965, 20 U.S.C. §1232h

Regulation 34 CFR Part 98 (PPRA Regulations)

Policy Adopted: August 10, 2023