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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:
     
    1. Political affiliations;
    2. Mental and psychological problems potentially embarrassing to the student and his / her family;
    3. Sexual behavior and attitudes;
    4. Illegal, antisocial, self-incriminating and 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 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 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:

  1. 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;
  2. 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
  3. 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.