This Policy is under review.

7260 - Student Privacy, Parental Access to Information, and Administration of Certain Physical Examinations to Minors

Last Updated Date: 12/19/2023

Adoption Date: 01/20/2004

Revision History: 2/23/16; 12/19/23

The Protection of Pupil Rights Amendment (PPRA) governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:

  1. Political affiliations or beliefs of the student or the student's parent/guardian;
  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/guardian; 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).

PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors.

General Provisions

The requirements of PPRA do not apply to a survey administered to a student in accordance with the Individuals with Disabilities Education Act (IDEA). Further, PPRA does not supersede any of the requirements of the Family Educational Rights and Privacy Act (FERPA).

The rights provided to parents and guardians under PPRA transfer from the parent or guardian to the student when the student turns eighteen years old or is an emancipated minor under applicable State law.

Annual Parental Notification of Policies/Prior Written Consent/"Opt Out" Provisions

The Brockport Central School District shall provide reasonable notice of the adoption or continued use of this policy directly to parents, guardians, and eligible students enrolled in the District. At a minimum, the District shall provide such notice at the beginning of the school year, and within a reasonable period of time after any substantive change in this policy.

Further, in the notification, the District shall offer an opportunity for parents and guardians to provide written consent or opt their child out of participation in the following activities in accordance with law and the surveys conducted:

  1. U.S. Department of Education (DOE)-Funded Surveys: Prior written consent from parents must be obtained before students are required to submit to the survey.
  2. Surveys funded by sources other than DOE: Notification may indicate the specific or approximate dates during the school year when surveys will be administered and provide an opportunity for the parent to opt his/her child out of participating upon receipt of the notification.
  3. 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).
  4. Any non-emergency, invasive physical examination or screening that is required as a condition of attendance; 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 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.

Specific Notification

In the event that the District does not identify the specific or approximate dates of the activities or surveys to be administered in the general annual notification, it shall directly notify  the parents of students who are scheduled to participate in the specific activities or surveys prior to participation and provide an opportunity for the parent to provide written consent or opt their child out of participation in accordance with law and the surveys conducted.

U.S. Department of Education-Funded Surveys

The District is committed to protecting the rights and privacy interests of parents, guardians, and students with regard to surveys funded in whole or part by any program administered by the U.S. Department of Education DOE.

The District shall make instructional materials available for inspection by parents and guardians if those materials will be used in connection with a DOE-funded survey, analysis, or evaluation in which their children participate. In addition, the District shall obtain prior written consent from parents or guardians before minor students are required to participate in any DOE-funded survey, analysis, or evaluation that reveals information concerning any of the eight protected areas.

Surveys Funded by Sources Other than U.S. Department of Education

Requests by parents and guardians to inspect surveys from a source other than DOE are to be submitted, in writing, to the Building Principal at least ten  days prior to the administration or distribution of any survey. Further, the District shall grant a request by a parent or guardian for reasonable access to such survey within a reasonable period of time after the request is received by the District.

Arrangements shall be provided by the District to protect student privacy in the event of the administration or distribution of a survey to a student containing one or more of the eight protected areas, including the right of the parent or guardian of the student to inspect, upon request, any survey containing one or more of the eight protected areas. Such requests must be submitted by the parent or guardian, in writing, to the Building Principal at least ten days prior to the administration or distribution of any survey.

Parents and guardians shall be granted, upon request, reasonable access and the right to inspect instructional materials used as part of the educational curriculum for the student within thirty days after such request is received by the District. Requests shall be submitted by parents or guardians, in writing, to the Building Principal. The term "instructional material" means instructional content that is provided to a student, regardless of its format, including printed or representational materials, audiovisual 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.

This policy does not apply to any physical examination or screening that is permitted or required by State law, including physical examinations or screenings that are permitted without parental notification.

Unless mandated or authorized by Federal or State law or regulation, the District prohibited from  collecting, disclosing, or using of personal information (individually identifiable information including a student's, parent’s or guardian's first and last name; home address; telephone number; or Social Security number) collected from students for the purpose of marketing or for selling that information (or otherwise providing that information to others for that purpose). Questions regarding the collection, disclosure, or use of personal information collected from students for such marketing purposes may be referred to the school attorney as deemed necessary by the Superintendent of Schools.

This policy does not preempt applicable provisions of State law that require parent or guardian notification.

This policy also 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 :

  1. College or other postsecondary education recruitment, or military recruitment;
  2. Book clubs, magazines, and programs providing access to low-cost literary products;
  3. Curriculum and instructional materials used by elementary schools 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; and
  6. Student recognition programs.

Policy References:

20 United States Code (USC) Section 1232h(b) and (c), as amended by the No Child Left Behind Act of 2001 34 Code of Federal Regulations (CFR) Part 98 Part A of Title V of the Elementary and Secondary Education Act of 1965 Protection of Pupil Rights Amendment (PPRA) Family Educational Rights and Privacy Act of 1974 (FERPA) National Defense Authorization Act for Fiscal Year 2002