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Protection of pupil rights (PPRA)This letter was created for parents and guardians to fill out and submit to their child’s school.No student shall be required", default", as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning, mental or psychological problems of the student or the student’s family. Federal Law Protection of pupil rights (PPRA), as amended by the 2003 No Child Left Behind Act No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning, mental or psychological problems of the student or the student’s family. [Date] [School organization or official] [Address]_________________ Re: [Student Name] Mental Health Survey, Analysis or Evaluation Dear _________________: This is to notify you that pursuant to the 1998 Protection of Pupil Rights Amendment (PPRA), as amended by the 2003 No Child Left Behind Act, which is codified at 42 USC §1232h (b) (2), that under no circumstances is the school district, any school within the school district or through any other means is [Student Name] to submit to any survey, analysis, or evaluation for mental or psychological problems. As set forth below, 42 USC §1232h (b) (2) specifically prohibits any such survey, analysis, or evaluation without my/our permission: No student shall be required, as part of any applicable program, to submit to a survey, analysis, or evaluation that reveals information concerning. (2) Mental or psychological problems of the student or the student's family; YOU ARE HEREBY NOTIFIED that under no circumstances may any survey, analysis, or evaluation concerning mental or psychological problems of [Student Name] be conducted Compliance with this federal law is mandatory and is expected. I/we appreciate your cooperation and compliance with this lawful directive. Sincerely, § 1232h. Protection of pupil rights
(a) Inspection of
instructional materials by parents or guardians
All instructional materials, including teacher’s manuals, films,
tapes, or other supplementary material which will be used in
connection with any survey, analysis, or evaluation as part of any
applicable program shall be available for inspection by the parents
or guardians of the children.
(b)
Limits on survey, analysis, or evaluations
No student shall be required, as part of any applicable program, to
submit to a survey, analysis, or evaluation that reveals information
concerning—
(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 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),
without the prior consent of the student (if the student is an adult
or emancipated minor), or in the case of an unemancipated minor,
without the prior written consent of the parent.
(c) Development of
local policies concerning student privacy, parental access to
information, and administration of certain physical examinations to
minors
(1) Development
and adoption of local policies
Except as provided in subsections (a) and (b) of this section, 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 non-emergency, 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 January 8, 2002, 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).
(4) Exceptions
(A)
Educational products or services
Paragraph (1)(E) does 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:
(i)
College or other postsecondary education recruitment, or
military recruitment.
(ii)
Book clubs, magazines, and programs providing access to
low-cost literary products.
(iii)
Curriculum and instructional materials used by elementary
schools and secondary schools.
(iv)
Tests and assessments used by elementary schools and
secondary schools to provide cognitive, evaluative,
diagnostic, clinical, aptitude, or achievement information
about 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.
(v) The
sale by students of products or services to raise funds for
school-related or education-related activities.
(vi)
Student recognition programs.
(B) State
law exception
The provisions of this subsection—
(i)
shall not be construed to preempt applicable provisions of
State law that require parental notification; and
(ii) do
not apply to any physical examination or screening that is
permitted or required by an applicable State law, including
physical examinations or screenings that are permitted
without parental notification.
(5) General
provisions
(A) Rules
of construction
(i) This
section does not supersede section 1232g of this title.
(ii)
Paragraph (1)(D) does not apply to a survey administered to
a student in accordance with the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.).
(B) Student
rights
The rights provided to parents under this section transfer
to the student when the student turns 18 years old, or is an
emancipated minor (under an applicable State law) at any
age.
(C)
Information activities
The Secretary shall annually inform each State educational
agency and each local educational agency of the educational
agency’s obligations under this section and section 1232g of
this title.
(D) Funding
A State educational agency or local educational agency may
use funds provided under part A of title V of the Elementary
and Secondary Education Act of 1965 [20 U.S.C. 7201 et seq.]
to enhance parental involvement in areas affecting the
in-school privacy of students.
(6) Definitions
As used in this subsection:
(A)
Instructional material
The term “instructional material” means instructional
content that is provided to a student, regardless of its
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.
(B)
Invasive physical examination
The term “invasive physical examination” means 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.
(C) Local
educational agency
The term “local educational agency” means an elementary
school, secondary school, school district, or local board of
education that is the recipient of funds under an applicable
program, but does not include a postsecondary institution.
(D) Parent
The term “parent” includes a legal guardian or other person
standing in loco parentis (such as a grandparent or
stepparent with whom the child lives, or a person who is
legally responsible for the welfare of the child).
(E)
Personal information
The term “personal information” means individually
identifiable information including—
(i) a
student or parent’s first and last name;
(ii) a
home or other physical address (including street name and
the name of the city or town)
(iii) a
telephone number; or
(iv) a
Social Security identification number.
(F) Student
The term “student” means any elementary school or secondary
school student.
(G) Survey
The term “survey” includes an evaluation.
(d) Notice
Educational agencies and institutions shall give parents and
students effective notice of their rights under this section.
(e) Enforcement
The Secretary shall take such action as the Secretary determines
appropriate to enforce this section, except that action to terminate
assistance provided under an applicable program shall be taken only
if the Secretary determines that—
(1) there has
been a failure to comply with such section; and
(2) compliance
with such section cannot be secured by voluntary means.
(f) Office and
review board
The Secretary shall establish or designate an office and review
board within the Department of Education to investigate, process,
review, and adjudicate violations of the rights established under
this section.
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