- Consent before students are required to submit to a survey that concerns one or more of the following protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education (ED):
1. Political affiliations or beliefs of the student or student’s parent;
2. Mental or psychological problems of the student or student’s family;
3. Sex behavior or attitudes;
4. Illegal, anti-social, self-incriminating, or demeaning behavior;
5. Critical appraisals of others with whom respondents have close family relationships;
6. Legally recognized privileged relationships, such as with lawyers, doctors, or ministers;
7. Religious practices, affiliations, or beliefs of the student or parents; or
8. Income other than as required by law to determine program eligibility.
- Receive notice and an opportunity to opt a student out of:
1. Any other protected information survey, regardless of funding;
2. Any non-emergency, invasive physical exam or screening required as a condition of attendance,
administered by the school or its agent, and not necessary to protect the immediate health and
safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or
screening permitted or required under State law; and
3. Activities involving collection, disclosure, or use of personal information obtained from students
for marketing or to sell or otherwise distribute the information to others.
- Inspect, upon request and before administration or use:
1. Protected information surveys of students; 2. Instruments used to collect personal information from students for any of the above marketing,
sales, or other distribution purposes; and 3. Instructional material used as part of the educational curriculum.These rights transfer from the parents to a student who is 18 years old or an emancipated minor under State law.
Districts will develop and adopt policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. Districts will directly notify parents of these policies at least annually at the start of each school year and after any substantive changes. Districts will also directly notify, such as through U.S. Mail or email, parents of students who are scheduled to participate in the specific activities or surveys noted below and will provide an opportunity for the parent to opt his or her child out of participation in the specific activity or survey. Districts will make this notification to parents at the beginning of the school year if the District has identified the specific or approximate dates of the activities or surveys at that time. For surveys and activities scheduled after the school year starts, parents will be provided reasonable notification of the planned activities and surveys listed below and be provided an opportunity to opt their child out of such activities and surveys. Parents will also be provided an opportunity to review any pertinent surveys. Following is a list of the specific activities and surveys covered under this requirement:
- Collection, disclosure, or use of personal information for marketing, sales or other distribution.
- Administration of any protected information survey not funded in whole or in part by ED.
- Any non-emergency, invasive physical examination or screening as described above.
A parent may file a written complaint alleging that the rights described in this notice were not provided:
Pennsylvania Department of Education
Bureau of Special Education
Division of Compliance
333 Market Street
Harrisburg, PA 17126-0333