2416 - STUDENT PRIVACY AND PARENTAL ACCESS TO INFORMATION

The Board respects the privacy rights of parents and their children.

Surveys Requiring Consent

No student shall be required, as a part of the school program or the District's curriculum, without prior written consent of the student (if an adult, or an emancipated minor) or, if an unemancipated minor, their parents, to submit to or participate in any survey, analysis, or evaluation that reveals information concerning:

1. political affiliations or beliefs of the student or their parents;

2. mental or psychological problems of the student or their 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 and analogous relationships, such as those of lawyers, physicians, and ministers;

7. religious practices, affiliations, or beliefs of the student or the student's parents; or

8. income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such a program).

The District Administrator shall establish procedures to provide parents with the opportunity to inspect any materials created by a third party used in conjunction with any such survey, analysis, or evaluation before the survey/evaluation is administered or distributed by the school to the student. The parent will have access to the survey/evaluation within a reasonable period of time after the request is received by the building principal.

Parent's Right to Inspect Surveys

Parents have the right to inspect, upon request, any instrument used in the collection of personal information before the instrument is administered or distributed to the student. The parent will have access to the instrument within a reasonable period of time after the request is received by the building principal.

Consistent with parental rights, the Board directs building and program administrators to:

1. notify parents in writing of any surveys, analyses, or evaluations, which may reveal any of the information, as identified in A-H above, in a timely manner, and which allows interested parties to request an opportunity to inspect the survey, analysis, or evaluation; and the administrator to arrange for inspection prior to initiating the activity with students;

2. allow the parents the option of excluding their student from the activity;

3. report collected data in a summarized fashion which does not permit one to make a connection between the data and individual students or small groups of students;

4. treat information as identified in A-H above as any other confidential information in accordance with Policy 8350 - Confidentiality and Policy 8330 - Student Records.

Student Privacy

For the privacy of students whose parents request that they not take part in the survey, arrangements will be made prior to the time period when the survey will be given, for the student(s) to go to a supervised location where under the supervision of a staff member the student will be provided with an alternate activity.

Personal Information for Marketing or Sale

The Board shall not collect or use personal information obtained from students or their parents for the purpose of marketing or for selling that information.

For purposes of this section, "personal information" means individually identifiable information including: a student's or parent's first and last name; a home or other physical address (including street name and the name of the city or town); a telephone number; and a Social Security identification number.

This section 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:

1. college or other postsecondary education recruitment, or military recruitment;
2. book clubs, magazines, and programs providing access to low-cost literary products;
3. curricular and instructional materials used by elementary and secondary schools;
4. 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;
5. the sale by students of products or services to raise funds for school-related or education-related activities;
6. student recognition programs.

Notice Requirements

The District Administrator is directed to provide notice directly to parents of students enrolled in the District of the substantive content of this policy at least annually at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy. In addition, the District Administrator is directed to notify parents of students in the District, at least annually at the beginning of the school year, of the specific or approximate dates during the school year when the administration of any survey by a third party that contains one or more of the items described in A through H above are scheduled or expected to be scheduled.

The notice shall provide the following:

1. Notice of the specific or approximate dates during the school year when the following activities are scheduled or expected to be scheduled:
    
   1. 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);
   2. the administration of any survey by a third party that contains one or more of the items described in A through H above.
2. The opportunity for the parents to opt their child(ren) out of participation in any survey involving any of the items above.

Definitions

For purposes of this policy, the term 'parent' includes a legal guardian or other person standing in loco parentis (such as grandparent or stepparent with whom the child lives, or a person who is legally responsible for the welfare of the child).

Revised 10/18/21
T.C. 4/17/23
T.C. 3/18/24
T.C. 9/23/24
Revised 3/17/25
T.C. 7/10/25

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