Student Surveys

No student shall be required, as part of any applicable program, to submit to a survey, analysis or evaluation that reveals information concerning:

  • Political affiliations or beliefs of the student or the student’s parent;
  • Mental or psychological problems of the student or the student’s family;
  • Sex behavior or attitudes;
  • Illegal, anti-social, self-incriminating or demeaning behavior; (used to be “and”)
  • 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 students or student’s parent, or
  • Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such
    program).

Parents have the opportunity to opt their child out of the activity. Parents have the following rights:

  • The right of the parent to inspect a survey created by a third party before that survey is administered by the school to students; also must include any applicable procedures for granting the request within a reasonable time;
  • Arrangements to protect student privacy rights when a survey is administered by the school which contains one of the prohibited eight from above,
    including the right of the parent to inspect the survey;
  • The right of a parent to inspect any instructional material in the student’s curriculum, including procedures for granting access within a reasonable time;
  • The administration of physical exams or screenings the school may administer;
  • The collection, disclosure or use of student personal information for the purpose of marketing or selling that information, or providing the information to others for that purpose, including arrangements to protect student privacy in the event of such collection, disclosure or use. (Student personal information is defined as a student or parent’s name, ad- dress, telephone number or Social Security number.)
  • This does not include personal information collected for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions such as:
    • postsecondary institutions or military recruiters;
    • book clubs, magazines and programs providing access to low-cost literary products;
    • curriculum and instructional materials used by K-12 schools;
    • tests and assessments used by K-12 to provide cognitive, evaluative, diagnostic, clinical, aptitude, or achievement information about students, or to generate other statistically useful data for the purpose of securing these tests and assessments, and the subsequent analysis and public release of the aggregate data from these tests and assessments;
    • the sale by students of products or services to raise funds for school or education related activities; or, f. student recognition program.
  • The right of a parent to inspect the instrument used to collect student personal information before use, including any applicable procedure for granting a request within a reasonable time.