Protection of Pupil Rights Amendment and the Elementary & Secondary Education Act (ESSA)
The Protection of Pupil Rights Amendment (PPRA) (20 USC Sec. 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education. PPRA is intended to protect the rights of parents and students in two ways:
- It seeks to ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with a Department of Education- funded survey, analysis, or evaluation in which their children participate; and
- It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any Department of Education-funded survey, analysis, or evaluation that reveals information concerning:
- Political affiliations;
- Mental and psychological problems potentially embarrassing to the student and his / her family;
- Sexual behavior and attitudes;
- Illegal, antisocial, self-incriminating and 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 parents; 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 or students who believe their rights under PPRA may have been violated may file a complaint with the Department of Education by writing the Family Policy Compliance office. Complaints must contain specific allegations of fact giving reasonable cause to believe that a violation of PPRA occurred.
Parent(s) may remove their student from participation in:
- Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling 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; or
- Any non-emergency, invasive physical examination or screening that is: (a) required as a condition of attendance; (b) 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.
The District will notify parents in advance of any activity described above.