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Contact Persons
Name:
Mary Jo Butler
Gail Flores
Phone:
850-487-3510
Suncom:
277-3510
Email:
Maryjo.Butler@fldoe.org
Gail.Flores@fldoe.org
DPS:
03-042
MEMORANDUM
TO:
District School Superintendents
FROM:
?
Betty Coxe
Deputy Commissioner Educational Programs
Kathy Mizereck
Deputy Chancellor for Student Achievement and Articulation
DATE:
October 23, 2002
SUBJECT:
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This memorandum provides a general explanation of the recent changes to the
Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil
Rights Amendment (PPRA) made by Congress in the No Child Left Behind Act of
2001 (NCLB).
Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section
1232g and 34 CFR Part 99)
is a federal law with implementing regulations that
secures the confidentiality of student education records. FERPA gives parents
assured rights with respect to their children’s education records. These rights are
reassigned to the student when he or she reaches the age of 18 or attends a school
beyond the high school level. The recent changes to FERPA consist of two major
components: the access to student records and student recruiting information by
armed forces recruiters and the transfer of school disciplinary records. In order to
remain in compliance with NCLB, school districts should continue to review and
update current policies to be consistent with the information below.
?
Student Recruiting Information—Consistent with the requirements of FERPA
and Section 228.093(d)(13), Florida Statutes, schools are allowed to disclose
directory information from the educational record without prior consent.
However, before making any such disclosure, public notice must be given
relating this intent and the type of information to be released, and the district
must have a written policy in place establishing such intentions.
Section 9528 of the NCLB Act requires local education agencies (LEAs) to provide
military recruiters with the name, address, and telephone listing of secondary
students (appendix A). School districts that are currently releasing directory
information to military recruiters should continue to do so. Individual districts who
District School Superintendents
€
October 23, 2002
€
Page Two
€
are not supplying this information to military recruiters must establish policies and begin this procedure.
€
The established policies must give parents the option to request that the information not be released
€
without prior written consent, and the LEA or private school shall comply with any request. The United
€
States Department of Education has developed a sample notice to parents for distribution to school
€
officials regarding release of student information to military recruiters (appendix B).
€
Transfer of School Discipline Records—FERPA currently allows schools to transfer all educational
€
records, including disciplinary records, for a student who is transferring to another school. The new
€
specification in NCLB requires states that obtain funds under the Elementary and Secondary Education
€
Act to provide assurance within two years to the United States Secretary of Education that there is “a
€
procedure in place to facilitate the transfer of disciplinary records, with respect to a suspension or
€
expulsion, by local agencies to any private or public elementary school or secondary school for any
€
student who is enrolled or seeks, intends, or is instructed to enroll, on a full- or part-time basis, in the
€
school.” Additional information regarding timelines will be provided as state policy is developed.
€
The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. Section 1232h; 34 CFR Part 98)
is a
€
federal law that affords definite rights to parents of minor students in relation to surveys that ask
€
questions of a personal nature. NCLB includes a significant amendment to PPRA that gives parents more
€
rights relating to the surveying of minor students, the collection of information from students for
€
marketing purposes, and the administration of certain non-emergency medical examinations.
€
?
Student Surveys/Information Collected for Marketing Purposes—Briefly, PPRA as amended by
NCLB requires LEAs to notify parents and/or obtain parental consent prior to the administration of a
student survey that solicits information from one of eight areas. In addition, an eighth category of
information was added to the law. However, the parental notification/consent requirements are
different depending on the funding source of the survey. Specifically,
?
surveys that are part of an “applicable program” (funded in whole or in part by any program
administered by the United States Department of Education [USDOE]) require LEAs to obtain
prior written consent of the parent
?
surveys that are created by a third party (funded by sources other than USDOE programs) require
LEAs to adopt specific policies (These surveys do not require prior written parental consent but
instead require districts to offer parents an opportunity to opt the student out of participation.)
?
LEAs are required to make the survey instrument available for inspection by parents regardless of
funding source
?
surveys that involve the collection, disclosure, or use of personal information collected from
students for the purpose of marketing or for selling that information (or otherwise providing that
information to others for that purpose) require annual parental notification and the opportunity for
the parent to opt out of participation regardless of the funding source.
By request of the State of Florida, school districts administer the Florida Youth Survey (FYS), which is
funded from sources other than the USDOE. This survey captures some of the information required by
Title IV of NCLB and is a collaborative endeavor of the Governor’s Office of Drug Control and four state
agencies: Departments of Children and Families, Health, Education, and Juvenile Justice. Most school
districts have participated in this survey effort since 1999-2000 and ongoing plans are in place for the FYS
to be administered to middle and high school students in the spring of 2003. Prior to administration of the
District School Superintendents
€
October 23, 2002
€
Page Three
€
surveys included in this effort, districts are required to adopt policies in conjunction with parents and to
€
offer parents the opportunity to opt their child out of any particular survey. Districts should examine local
€
policies for compliance with this amendment in the most efficient manner possible. It is also critical to
€
have all policies and procedures in place to ensure the continued success of the Florida Youth Survey
€
effort.
€
?
Non-Emergency Medical Examinations—Section 232.0315(1), Florida Statutes, requires the school
board of each district and the governing authority of each nonpublic school to require that each child
who is entitled to admittance to prekindergarten or is entitled to any other initial entrance into a public
or nonpublic school in this state to present a certification of school-entry health examination
performed within one year prior to enrollment in school. NCLB now mandates that these local
policies be developed in consultation with parents.
When policy changes are made, districts must
provide notice at least annually at the beginning of the school year and within a reasonable period of
time after any substantive change in the policies. Districts must provide parents the opportunity to
opt out of any non-emergency, invasive physical examination or screening that is required as a
condition of attendance, administered by the school and scheduled by the school in advance, and not
necessary to protect the immediate health and safety of the student or of other students.
?
Existing Policies—According to the U.S. Department of Education, “an LEA is not required to
develop and adopt new policies if the state educational agency has in place, on the date of enactment
of the NCLB Act of 2001, policies covering the requirements set forth in this law.” The NCLB Act is
designed to strengthen state policies and is not intended to preempt state laws that require parental
notification.
Please find enclosed a brief guide for school districts relating to FERPA and PPRA that reflects recent
updates to federal law. This information was originally prepared and published by the U.S. Department
of Education. It has been modified by staff at the Florida Department of Education for distribution to
district school superintendents (appendix C).
Also enclosed is a sample notification of parents regarding student surveys and sample language that may
be used when developing a policy or adding to an existing district policy relating to the administration of
student surveys. You may choose to use these samples in the development of local policies (appendices
D and E). Additional technical assistance documents will be available in the future to elaborate further on
student record requirements.
If you have questions regarding FERPA, you may contact either Mary Jo Butler via email at
maryjo.butler@fldoe.org or Gail Flores via email at gail.flores@fldoe.org or by telephone at
850-487-3510. This memo and packet of information may be accessed on the internet at
http://myfloridaeducation.com/commhome.dr-guide.htm. If you have questions related to conducting
surveys, please contact Lorraine Allen via email at lorraine.allen@fldoe.org or by telephone at 850-410-
1667.
We hope this information will be helpful in ensuring that your district policies comply with the new
federal and state law changes.
KM:gff
Enclosures (5)
District School Superintendents
€
October 23, 2002
€
Page Four
€
No Child Left Behind Act 2001: Pertinent Changes (appendix A)
€
Family Educational Rights and Privacy Act (FERPA): Model Notice for Directory Information (appendix B)
€
Recent Changes Affecting Family Educational Rights and Privacy Act and the Protection of Pupil Rights
€
Amendment Made by No Child Left Behind Act of 2001 (appendix C)
€
Sample Notification of Parents Regarding Student Surveys (appendix D)
€
Students Surveys Funded by Sources Other Than U.S. Department of Education: Sample Language for
€
District Policy (appendix E)
€
cc:
?
Assistant Superintendents for Instruction
Directors of Student Services
Safe and Drug Free Schools
District School Board Attorneys
School District Title I Contacts
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Title X, Part F
Section 1061. Student Privacy, Parental Access to Information, and Administration
of Certain Physical Examinations to Minors
(c) Development of Local Policies Concerning Student Privacy, Parental Access to Information,
€
and Administration of Certain Physical Examinations and Surveys to Minors—
€
(1) Development and Adoption of Local Policies—Except as provided in subsections (a) and (b), a
€
local educational agency that receives funds under any applicable program shall develop and adopt
€
policies, in consultation with parents, regarding the following:
€
(A)(i) The right of a parent of a student to inspect, upon the request of the parent, a survey created
€
by a third party before the survey is administered or distributed by a school to a student; and
€
(ii) any applicable procedures for granting a request by a parent for reasonable access to such
€
survey within a reasonable period of time after the request is received.
€
(B) Arrangements to protect student privacy that are provided by the agency in the event of the
€
administration or distribution of a survey to a student containing one or more of the following
€
items (including the right of a parent of a student to inspect, upon the request of the parent, any
€
survey containing one or more of such items):
€
(i) Political affiliations or beliefs of the student or the student's parent.
€
(ii) Mental or psychological problems of the student or the student's family.
€
(iii) Sex behavior or attitudes.
€
(iv) Illegal, anti-social, self-incriminating, or demeaning behavior.
€
(v) Critical appraisals of other individuals with whom respondents have close family relationships.
€
(vi) Legally recognized privileged or analogous relationships, such as those of lawyers,
€
physicians, and ministers.
€
(vii) Religious practices, affiliations, or beliefs of the student or the student's parent.
€
(viii) Income (other than that required by law to determine eligibility for participation in a
€
program or for receiving financial assistance under such program).
€
(C)(i) The right of a parent of a student to inspect, upon the request of the parent, any instructional
€
material used as part of the educational curriculum for the student; and
€
(ii) any applicable procedures for granting a request by a parent for reasonable access to
€
instructional material within a reasonable period of time after the request is received.
€
(D) The administration of physical examinations or screenings that the school or agency may
€
administer to a student.
€
(E) The collection, disclosure, or use of personal information collected from students for the
€
purpose of marketing or for selling that information (or otherwise providing that information to
€
others for that purpose), including arrangements to protect student privacy that are provided by the
€
agency in the event of such collection, disclosure, or use.
€
(F)(i) The right of a parent of a student to inspect, upon the request of the parent, any instrument
€
used in the collection of personal information under subparagraph (E) before the instrument is
€
administered or distributed to a student; and
€
(ii) any applicable procedures for granting a request by a parent for reasonable access to such
€
instrument within a reasonable period of time after the request is received.
€
(2) Parental Notification—
€
(A) Notification of Policies—The policies developed by a local educational agency under
€
paragraph (1) shall provide for reasonable notice of the adoption or continued use of such policies
€
directly to the parents of students enrolled in schools served by that agency. At a minimum, the
€
agency shall —
€
(i) provide such notice at least annually, at the beginning of the school year, and within a
€
reasonable period of time after any substantive change in such policies; and
€
(ii) offer an opportunity for the parent (and for purposes of an activity described in subparagraph
€
(C)(i), in the case of a student of an appropriate age, the student) to opt the student out of
€
participation in an activity described in subparagraph (C).
€
(B) Notification of Specific Events—The local educational agency shall directly notify the parent
€
of a student, at least annually at the beginning of the school year, of the specific or approximate
€
dates during the school year when activities described in subparagraph (C) are scheduled, or
€
expected to be scheduled.
€
(C) Activities Requiring Notification—The following activities require notification under this
€
paragraph:
€
(i) Activities involving the collection, disclosure, or use of personal information collected from
€
students for the purpose of marketing or for selling that information (or otherwise providing that
€
information to others for that purpose).
€
(ii) The administration of any survey containing one or more items described in clauses (i) through
€
(viii) of paragraph (1)(B).
€
(iii) Any nonemergency, invasive physical examination or screening that is —
€
(I) required as a condition of attendance;
€
(II) administered by the school and scheduled by the school in advance; and
€
(III) not necessary to protect the immediate health and safety of the student, or of other students.
€
(3) Existing Policies—A local educational agency need not develop and adopt new policies if the
€
State educational agency or local educational agency has in place, on the date of enactment of the
€
No Child Left Behind Act of 2001, policies covering the requirements of paragraph (1). The
€
agency shall provide reasonable notice of such existing policies to parents and guardians of
€
students, in accordance with paragraph (2).
€
Appendix B
Family Educational Rights and Privacy Act (FERPA):
Model Notice for Directory Information
The
Family Educational Rights and Privacy Act
(FERPA), a Federal law, requires that
[
School District
], with certain exceptions, obtain your written consent prior to the
disclosure of personally identifiable information from your child's education records.
However, [
School District
] may disclose appropriately designated directory information
without written consent unless you have advised the district to the contrary in accordance
with district procedures. The primary purpose of directory information is to allow the
[
School District
] to include this type of information from your child's education records
in certain school publications. Examples include
•
a playbill showing your student's role in a drama production
•
the yearbook
•
honor roll or recognition lists
•
graduation programs
•
?
sports activity sheets, such as for wrestling, showing weight and height of team
members
Directory information, which is information that is generally not considered harmful or
an invasion of privacy if released, can be disclosed to outside organizations without a
parent's prior written consent. Outside organizations include but are not limited to
companies that manufacture class rings or publish yearbooks. In addition, two federal
laws require local educational agencies (LEAs) receiving assistance under the
Elementary
and Secondary Education Act of 1965
(ESEA) to provide military recruiters, on request,
with three directory information categories—names, addresses and telephones
listings—unless parents have advised the LEA that they do not want their student's
information disclosed without their prior written consent.*
You must notify the district in writing by [
insert date
] if you do not want [
School
District
] to disclose directory information from your child's education records without
your prior written consent. [
School District
] has designated the following information as
directory information: [
Note
—An LEA may but does not have to include all the
information listed below.]
•
student's name
•
participation in officially recognized
•
address
activities and sports
•
telephone listing
•
weight and height of members of athletic
•
electronic mail address
teams
•
photograph
•
degrees, honors, and awards received
•
date and place of birth
•
the most recent educational agency or
•
major field of study
institution attended
•
dates of attendance
•
grade level
__________________________________
€
*These laws are Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the
No Child Left Behind Act
€
of 2001
(P.L. 107-110), the education bill; and 10 U.S.C. 503, as amended by section 544, the
National
€
Defense Authorization Act for Fiscal Year 2002 (P.L.)_ 107-107, the legislation that provides funding for
€
the nation's armed forces.
€
Appendix C
Recent Changes Affecting Family Educational Rights and Privacy Act
€
and the Protection of Pupil Rights Amendment Made by No Child Left Behind Act of 2001
€
No Child Left Behind Act of 2001
Amendments to FERPA found in Title IV, Part A
Section 4155 Transfer of School Disciplinary Records
FERPA currently permits schools to transfer any and all education records including disciplinary records for a
student who is transferring to another school. See § 99.31(a) (2) and § 99.34 of the FERPA regulations. This new
provision requires states that receive funds under the Elementary and Secondary Education Act (ESEA), within two
years, to provide an assurance to the Secretary that the State
has a procedure in place to facilitate the transfer of
disciplinary records with respect to a suspension or expulsion by local educational agencies to any private or public
elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll on
a full- or part-time basis in the school
.
Amendments to FERPA found in Title IX, Part E
€
Section 9528 Armed Forces Recruiter Access to Students and Student Recruiting Information
€
FERPA currently allows schools to designate and disclose without consent certain items of information as
directory
information
. The FERPA regulations define
directory information
under § 99.3 of the regulations and set forth the
requirements for implementing a
directory information
policy under § 99.37 of FERPA. Generally,
directory
information
may be disclosed by a school to any party provided the requirements of FERPA are followed.
Congress recently passed a provision in the No Child Left Behind Act that addresses the disclosure of directory-type
information (students' names, addresses, and telephone listings) to military recruiters. Congress also included similar
language in the National Defense Authorization Act for Fiscal Year 2002. Both laws, with some exceptions, require
schools to provide directory-type information to military recruiters who request it. Typically, recruiters are
requesting information on junior and senior high school students that will be used for recruiting purposes and
college scholarships offered by the military. The US DOE is currently reviewing the provisions contained in these
two laws and is working to develop guidance that will be sent to school officials.
Amendments to PPRA found in Title X, Part F
€
Section 1061 Student Privacy, Parental Access to Information, and Administration of Certain Physical
€
Examinations to Minors
€
The No Child Left Behind Act contains a major amendment to the Protection of Pupil Rights Amendment (PPRA)
that gives parents more rights with regard to the surveying of minor students, the collection of information from
students for marketing purposes, and certain non-emergency medical examinations. PPRA has been referred to as
the "Hatch Amendment" and the "Grassley Amendment" after authors of amendments to the law. Now, school
officials may hear the law referred to as the "Tiahrt Amendment" after Congressman Todd Tiahrt who introduced
the changes regarding surveys to the PPRA. The statute is found in 20 U.S.C. §1232h, and the regulations (not yet
updated) are found in 34 CFR Part 98.
U.S. Department of Education Surveys
Subsection (a) of the legislation was not changed. Subsection (b) added an additional category (see bold below) and
made minor changes to the existing seven categories. This provision applies to surveys funded in whole or part by
any program administered by the U. S. Department of Education (ED). PPRA provides that schools and contractors
make instructional materials available for inspection by parents if those materials will be used in connection with an
ED-funded survey, analysis, or evaluation in which their children participate and that schools and contractors obtain
prior written parental consent before minor students are required to participate in any ED-funded survey, analysis, or
evaluation that reveals information concerning
•
political affiliations or beliefs of the student or the student's parent
•
mental and 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 analogous relationships, such as those of lawyers, physicians, and
ministers
•
religious practices, affiliations, or beliefs of the student or student's parent
•
income (other than that required by law to determine eligibility for participation in a program or for
receiving financial assistance under such program)
Subsections (a) and (b) of PPRA generally apply when a survey is funded at least in part by any program
administered by the Secretary of Education.
Surveys Funded by Sources Other Than U.S. Department of Education
The new provisions (contained in subsection [c]) apply (as does FERPA) to educational agencies or institutions that
receive funds from any program of the Department of Education. Thus, public elementary and secondary schools are
subject to the new provisions of PPRA. Here are the new requirements.
•
Schools are required to develop and adopt policies—in conjunction with parents—regarding the following:
Surveys
♦
the right of parents upon request to inspect a survey created by a third party before the survey is
administered or distributed by a school to students
♦
arrangements to protect student privacy in the event of the administration of a survey to students,
including the right of parents upon request to inspect the survey, if the survey contains one or more of
the same eight items of information noted above
♦
the collection, disclosure, or use of personal information from students for the purpose of marketing or
selling, otherwise providing the information to others for that purpose
♦
the right of parents upon request to inspect any instrument used in the collection of information, as
described in number 3
Instructional Materials
♦
the right of parents upon request to inspect any instructional material used as part of the educational
curriculum for students
Physical Examinations or Screenings
♦
the administration of physical examinations or screenings that the school may administer to students
•
Local educational agencies (LEAs) must directly notify parents of these policies and shall provide the
notice at least annually at the beginning of the school year. The LEA must also notify parents within a
reasonable period of time if any substantive change is made to the policies.
•
In the notification, the LEA shall offer an opportunity for parents to opt out of participation in the following
activities:
♦
activities involving the collection, disclosure, or use of personal information collected from students
for the purpose of marketing or for selling that information or otherwise providing that information to
others for that purpose
♦
the administration of any third party (non-Department of Education funded) survey containing one or
more of the above described eight items of information
♦
any non-emergency, invasive physical examination or screening that is required as a condition of
attendance or administered by the school and scheduled by the school in advance and not necessary to
protect the immediate health and safety of the student or of other students.
•
In the notification, the LEA shall notify parents the specific or approximate dates during the school year when
these activities are scheduled.
•
An LEA is not required to develop and adopt new policies if the state educational agency (SEA) or LEA has in
place on the date of enactment of the No Child Left Behind Act of 2001 policies covering the requirements set
forth in this law.
•
The requirements concerning activities involving the collection and disclosure of personal information from
students for marketing purposes do 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:
♦
college or other postsecondary education recruitment or military recruitment
♦
book clubs, magazines, and programs providing access to low-cost literacy products
♦
curriculum and instructional materials used by elementary schools and secondary schools
♦
tests and assessments used by elementary schools and secondary schools to provide cognitive,
evaluative, diagnostic, clinical, aptitude, or achievement information about students
♦
the sale by students of products or services to raise funds for school-related or education-related
activities
♦
student recognition programs
•
This law is not intended to preempt applicable provisions of state law that require parental notification.
•
This law does not apply to any physical examination or screening that is permitted or required by state law,
including such examinations or screenings permitted without parental notification.
•
The requirements of PPRA do not apply to a survey administered to a student in accordance with the
Individuals with Disabilities Education Act (IDEA).
•
These requirements do not supersede any of the requirements of FERPA.
•
The rights provided to parents under PPRA transfer from the parent to the student when the student turns 18
years old or is an emancipated minor under applicable state law. The law applies to LEAs but does not apply to
postsecondary institutions.
•
An SEA or LEA may use funds provided under part A of title V of the ESEA to enhance parental involvement
in areas affecting the in-school privacy of students.
Definition of some terms used in PPRA
Instructional Material
refer to instructional material that is provided to a student, regardless of format, including
printed or representational materials, audio-visual materials, and materials in electronic or digital formats (such as
materials accessible through the internet). The term does not include academic tests or academic assessments.
Invasive Physical Examination
is any 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 or parent's first and last name,
home address, telephone number, or social security number.
---------------------------------------------------------------------------------------------------------------------
--------------------
Appendix D
Sample Notification of Parents Regarding Student Surveys
Rationale
This school district participates in the Florida Youth Survey each year. This survey effort is
conducted under the leadership of the Governor’s Office of Drug Control and the Florida
Departments of Education, Children and Families, Health, and Juvenile Justice. The results are
used to improve our understanding of adolescent alcohol, tobacco, and other drug use as well as
how we can work to prevent substance abuse and other problem behavior and promote healthy
practices.
Participation Voluntary
As a parent, you have the right to prohibit your child’s participation. Neither you nor your child
is required to give a reason for not participating. Students who do participate will not be required
to answer all of the questions—only those that they choose to answer. If you do not want your
child to participate, sign the attached form and return to the school principal.
Arrangements to Protect Student Privacy
Schools and classes are selected at random from all middle and high schools in the state on a
sampling basis. We will not know which schools or classes will be selected for participation until
later in the school year. No personally identifiable information is requested as a part of the
survey or the survey process. During the administration of the survey, forms are distributed to
students and collected after completion by assigned staff and sent to contractors for processing.
Right to Inspect
You have the right to inspect the survey instrument prior to administration of the survey if a
request is made within a reasonable period of time. The administration of student surveys is
coordinated by the Office of _________. A request to inspect the survey instrument(s) may be
made in writing to _______________.
Schedule of Surveys for 2002-03
The Florida Youth Survey effort is administered in the spring. In 2003, it will be administered to
students in a random sample of classes in grades 6-12 during the week of ______________.
Three survey instruments will be administered concurrently with no student being asked to
complete more than one survey. The surveys given in 2003 will be the Florida Youth Tobacco
Survey, Florida Youth Substance Abuse Survey, and the Youth Risk Behavior Survey. The
survey instrument(s) will be available for inspection by ____[DATE]________ at
________________.
Parents or legal guardians: Please check and sign below if you do not want your child to participate in the Florida
Youth Survey.
I do not give consent for my child, _________________, to participate in the Florida
Youth Survey at [school]. Please provide him or her with an alternative activity while the
survey is being administered.
Signature: _______________________
Date:
_______________________
Appendix E
Student Surveys Funded by Sources Other Than U.S. Department of Education
Sample Language for District Policy
District Policy
Local educational agencies receiving funds from the U.S. Department of Education are required by federal law to
comply with new requirements for the collection and reporting of certain information by means of student surveys,
1
as well as new requirements to protect student privacy.
2
The information that must be reported relates to student
attitudes and behaviors on topics such as school safety, substance use and the prevalence of risky attitudes or
behaviors, particularly with respect to alcohol and drug abuse. In addition, these surveys also collect information on
general health practices and human sexuality. Such information is collected by survey anonymously on a sampling
basis, and no personally identifiable information is obtained from or reported on any individual student. The district
cooperates with other agencies such as the Florida Department of Health in conducting these surveys.
It is the policy of this school district to notify parents of upcoming surveys that reveal information concerning one or
more of the following items:
•
political affiliations or beliefs of the student or the student’s parent
•
mental and 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 analogous relationships, such as those of lawyers, physicians, and
ministers
•
religious practices, affiliations, or beliefs of the student or student’s parent
•
income (other than that required by law to determined eligibility for participation in a program or for
receiving financial assistance under such program)
Participation Voluntary
No student shall be required to participate in such a survey if the student or the student’s parent if the student is a
minor objects to participation. Parents will be given the opportunity to opt their child out of participation.
Right to Inspect
A student or the student’s parent if the student is less than 18 years of age has the right to inspect any such survey
instrument before the survey is administered or distributed to students if a request is made within a reasonable
period of time. Parents further have the right to be advised of arrangements that will be made to protect student
privacy.
Notification of Parents
Parents will be notified of this policy annually at the beginning of the school year and within a reasonable period of
time if any substantive change is made to this policy. Such notice shall include the specific or approximate dates
during the school year when any such survey will be administered.
1
No Child Left Behind Act, Title IV, Part A, Subpart 1, § 4112(c) (3) and 4116(a) (1) (A), P. L. 107-110.
2
As required by
Title X, Part F, § 1061 of P.L. 107-110, which amends 20 U.S.C. 1232h.
