Adoption Date: 3/14/2013
5000 - Students
5550 Student Privacy
The Board recognizes its responsibility to enact policies that protect student privacy, in accordance with law. This is particularly relevant in the context of the administration of surveys that collect personal information, the disclosure of personal information for marketing purposes and in conducting physical exams.
The Board recognizes that student surveys are a valuable tool in determining student needs for educational services. In accordance with law and Board policy, parental consent is required for minors to take part in surveys which gather any of the following information:
1. political affiliations or beliefs of the student or the student’s parent;
2. mental or psychological problems of the student or the student’s family;
3. sex behavior or attitudes;
4. illegal, anti-social, self-incriminating or demeaning behavior;
5. critical appraisals of other individuals with whom respondents have close family relationships;
6. legally recognized privileged or analogous relationships, such as those of lawyers, physicians and ministers;
7. religious practices, affiliations or beliefs of the student or the student’s parent; or
8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
In the event that the District plans to survey students to gather information included in the list above, the District will obtain written consent from the parent/guardian in advance of administering the survey. The notification/consent form will also apprise the parent/guardian of the right to inspect the survey prior to the child’s participation.
It is the policy of the Board not to collect, disclose, or use personal information gathered from students for the purpose of marketing or selling that information or providing it to others for that purpose. This does not apply to the collection, disclosure, or use of the personal information collected from the students for the exclusive purpose of developing, evaluating, or providing educational products or services for or to students or educational institutions, such as:
a. college or other post secondary education recruitment, or military recruitment;
b. book clubs, magazines and programs providing access to low-cost literary products;
c. curriculum and instructional materials used in schools;
d. tests and assessments used to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information for students or to generate other statistically useful data for the purpose of securing such tests and assessments, and the subsequent analysis and public release of the aggregate data from such tests and assessments;
e. student recognition programs; and
f. the sale by students of products or services to raise funds for school-related activities.
In the event that such data is collected by the District, disclosure or use of student personal information will be protected by the District pursuant to the requirements of the Family Educational Rights and Privacy Act (FERPA). [For guidance regarding the disclosure of “directory information,” rather than personal information, see policy 5500, Student Records.]
Invasive Physical Examination
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 the child out of the exam. Hearing, vision and scoliosis screenings are not subject to prior notification.
Parents/guardians and eligible students shall be notified of this policy at least annually, at the beginning of the school year, and when enrolling students for the first time in District schools. The School District shall also notify parents/guardians within a reasonable period of time after any substantive change to this policy.
20 USC §1232h (No Child Left Behind Act)
34 CFR Part 98
Education Law §903
Policy Cross References:
» 5420 - Student Health Services
» 5500 - Student Records